Abrasive Co.

National Labor Relations Board - Board Decisions

Jun 14, 1938

7 N.L.R.B. 908 (N.L.R.B. 1938)

In the Matter of ABRAsIvE COMPANY and STEEL WORKERS ORGANIZING
COMMITTEE
Case No. C-479.-Decided June .14, 1938
Abrasive and Grinding Tool Manufacturing Industry-Settlement : stipulation
providing for reinstatement and back pay , and withdrawal of recognition of
company-dominated union-Order: entered on stipulation-Discrimination: com-
plaint dismissed without prejudice as to two employees.
Mr. Geoffrey J. Cur-tiff, for the Board.
Mr. George H. Detweiler and Mr. Charles W. Sweeney, of Phila-
delphia, Pa., for the respondent.
Mr. M. H. Goldstein, of Philadelphia, Pa., for the S. W. O. C.
Mr. Herbert Mayers, and Mr. Edwin S. Malmed, of Philadelphia,
Pa., for the Independent.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been filed by Steel Workers
Organizing Committee, herein called the S. W. O. C., the National
Labor Relations Board, herein called the Board, by Stanley W.
Root, Regional Director for the Fourth Region (Philadelphia, Penn-
sylvania), on February 21, 1938, issued and duly served its complaint
and accompanying notice of hearing against Abrasive Company,
Philadelphia, Pennsylvania, herein called the respondent, alleging
that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce, within the meaning of Section
8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. The respondent
duly filed its answer to the complaint in which it admitted that it is
engaged in interstate commerce but denied that it had engaged in
the alleged unfair labor practices.
Thereafter the Regional Director granted the motion to intervene
made by the Independent Abrasive Union, herein called the Inde-
pendent.
908
DECISIONS AND ORDERS 909
Pursuant to notice, a hearing was held from March 14 to March
22, 1938, at Philadelphia, Pennsylvania, before Herbert A. Lien,
the Trial Examiner duly designated by the Board. The Board, the
respondent, the S. W. O. C., and the Independent were represented
by counsel. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. On March 17, 1938, the Trial Examiner
granted the motion made by counsel for the Board to amend the
complaint so as to allege the discriminatory discharge of two addi-
tional employees. The ruling is hereby affirmed. On the same day
copies of the amended complaint were duly served upon the parties.
On March 21, 1938, the respondent filed its answer to the amended
complaint denying the allegations of unfair labor practices made
therein. During the hearing counsel for the Board and for the re-
spondent entered into a stipulation concerning the respondent's busi-
ness and operations. This stipulation was admitted to the record
without objection from any party to the proceeding. During the
course of the hearing, the Trial Examiner made several rulings, in
addition to those mentioned above, on motions and on objections to
the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
,On March 22, 1938, the hearing was recessed, pending the ap-
proval by the Board of a stipulation agreed upon by counsel for
the Board, the respondent, and the S. W. O. C., respectively. This
stipulation provided for an order to be entered in the case by the
Board.
On March 23, 1938, the Board, pursuant to Article II, Section
37, of National Labor Relations Board Rules and Regulations-
Series 1, as amended, ordered that the proceeding be transferred to
the Board and continued before it.
On March 24, 1938, the above-mentioned stipulation was signed
by counsel for the Board, the respondent, and the S. W. O. C.,
respectively. It is hereby approved by the Board, admitted and
made part of the record. As this stipulation made no provision for
the disposition of the cases of George Timle and Gustav Haller,
the allegations of the complaint with respect to them will be dis-
missed without prejudice.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a Pennsylvania corporation, having its plant
and principal place of business in Philadelphia, Pennsylvania. The
910 NATIONAL LABOR RELATIONS BOARD
respondent is engaged in the manufacture of grinding wheels and
polishing grain. The principal raw materials used in the produc-
tion of these products are abrasives, clays, and other ceramic ma-
terials, resins, and shellac. Approximately 90 per cent of these raw
materials are shipped by rail and water into the State of Pennsyl-
vania from other States and foreign countries.
During the year 1936, 80 per cent of the respondent's finished prod-
ucts, valued at $1,644,565, were shipped to points outside the State
of Pennsylvania and to foreign countries. During normal seasons,
the respondent employs between 350 and 400 workers.
We find that the respondent's operations at its Philadelphia,
Pennsylvania, plant constitute a continuous flow of trade, traffic, and
commerce among the several States and with foreign countries.
II. THE BASIS OF SETTLEMENT
The above-mentioned stipulation provides as follows :
Upon consideration of the testimony so far taken in this case,
and by stipulation of the parties to this proceeding, it is agreed
that the National Labor Relations Board may find facts and
enter order as follows :
I. The Respondent shall cease and desist-
1. From in any manner, either by dismissal, lay-off, propa-
ganda or threats, interfering with, restraining or coercing its
employees in the exercise of their rights to self-organization to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in
concerted activities for the purposes of collective bargaining or
other mutual aid or protection as guaranteed under Section 7
of the Act.
2. From in any manner dominating or interfering with the
administration of the Independent Abrasive Union, or with the
formation or administration of any other labor organization of
its employees; from contributing financial aid or other support
to the said Independent Abrasive Union or any other labor or-
ganization, from recognizing, bargaining collectively or dealing
in any manner with the Independent Abrasive Union or any
group or committee purporting to represent the said Independ-
ent Abrasive Union ; or from forming or maintaining any group
or designating any individuals to act as the representatives of
the employees for the purpose of collective bargaining respect-
ing any of the terms or conditions of employment.
II. The respondent shall take the following affirmative action
to effectuate the policies or purposes of the National Labor
Relations Act.
DECISIONS AND ORDERS 911
1. That the respondent will withdraw all recognition from the
Independent Abrasive Union as the representative of its em-
ployees or any of them for the purpose of dealing with the
respondent concerning grievances, labor disputes, wages, rates
of pay, hours of employment or other conditions of employ-
ment.
2. That the respondent will immediately upon the issuance
of an order by the National Labor Relations Board, post notices
in accordance with the terms of this stipulation, in conspicuous
places about its plant or plants stating that the Independent
Abrasive Union is disestablished as the representative of its
employees or any of them, for the purpose of collective bar-
gaining, and that the respondent will not extend any recognition
to such organization; the said notices to remain posted for at
least thirty consecutive days from the date of posting.
3. That it will inform immediately upon the handing down
by the National Labor Relations Board of its order aforesaid,
in writing, the officers and representatives of the Independent
Abrasive Union, that the said respondent, pursuant to the said
order of the National Labor Relations Board, will not in any
manner thereafter deal with or recognize said Independent
Abrasive Union.
4: That it will immediately upon the issuance of the order of
the National Labor Relations Board, contemplated in this stip -
ulation, inform all its officers and agents, including superintend-
ents, foremen and other supervisory employees, that they shall
not in any manner approach employees concerning, or discuss
with the employees the question of their labor affiliation, or dis-
criminate against or threaten employees in any manner because
of their membership in any labor organization in general, or
the Amalgamated Association of Iron, Steel and Tin Workers
of North America in particular.
5. Reinstate immediately upon the execution of this stipula-
tion Henry Carroll and Charles Lancaster to their former posi-
tions, without prejudice to any rights and privileges previously
enjoyed by them.
6. By way of making whole Charles Lancaster, George Jack,
Joseph McDonald and Richard Entwhistle for any losses of
pay they or any of them have suffered by reason of any lay-offs,
to pay them and each of them, immediately upon the execution
of this stipulation, a sum of money equal to two days pay at the
rate each respectively earned at the time of their latest employ-
ment by the respondent.
7. (a) By way of making whole Howard Vandegrift for any
loss of pay he may have suffered by reason of any lay-off, to
912 NATIONAL LABOR RELATIONS BOARD
pay him immediately upon the execution of this stipulation the
sum of Thirty -Six, Dollars.
(b) Offer Howard Vandegrift unconditional reinstatement
without discrimination to his former position in the respondent's
shaving department , without loss or derogation of any rights
or privileges appertaining to said position , before offering to
employ or employing any other person in said position.
8. (a) All employees upon the payroll of the respondent or
in the employ of the respondent on June 2, 1937 , who have since
been laid off , and who are not now actually engaged in work for
the respondent , shall be offered unconditional reinstatement,
without discrimination , to their former positions without loss
or derogation of any rights or privileges appertaining to said
positions or employees , before any other persons are employed
by the respondent , for such positions .' If any employee refuses,
or is not available for, his former position, upon notification
to him that the position is open, the respondent will, after seven
days have elapsed from date of said notification , fill the position
from among such of its former employees as are capable of
filling it.
(b) Said offer of reinstatement , and reinstatement shall be
made to said employees in the order of seniority in the depart-
ment in which they worked June 2, 1937 ; said seniority to be
calculated on the basis of the total time spent actually work-
ing for the respondent by each of the said employees during the
period of ten years immediately preceding the signing of this
stipulation.
(c) When the work available for the present employees of
any division or department of the respondent 's plant exceeds
four days per week per man, the respondent shall offer em-
ployment to the persons on its pay roll of June 2, 1937, in
accordance with sub-paragraphs ( a) and (b) of this section.
(d) Respondent shall within fourteen days from the execu-
tion of this stipulation prepare and furnish copies to the Re-
gional Director of the Fourth Region of the National Labor
Relations Board, and to counsel for the respective parties, a
list bf its employees contemplated in sub-paragraphs (a) and
(b) of this section, showing their total time of employment by
the respondent and their seniority as provided in sub-paragraph
(b) hereof.
III. It is further stipulated that respondent will notify the Na-
tional Labor Relations Board of compliance with the order of the
National Labor Relations- Board contemplated in the foregoing
stipulation , within forty days from the issuance of the said order.
DECISIONS AND ORDERS 913
IV. It is further stipulated that the testimony so far taken, also
this stipulation, may and shall be made part of the record in this
case, and it is further agreed that this stipulation, upon execution
by the respective parties, shall be forwarded to the Chief Trial
Examiner of the National Labor Relations Board, at Washington,
D. C., to be made part of the aforesaid record.
V. It is further stipulated by and between the respective parties,
that in the event an order of the National Labor Relations Board
is entered upon this stipulation, and it becomes necessary, in order
to enforce the terms and conditions of said order, to file a petition
for the enforcement of same in the United States Circuit Court of
Appeals for the appropriate Circuit by the National Labor Rela-
tions Board, that the respondent consents and agrees that a decree
of said Court be entered upon the order of said Board issued as
aforesaid.
ORDER
Upon the basis of the above findings of fact and stipulation and
upon the entire record in the proceeding, and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that Abrasive Company, Philadelphia,
Pennsylvania, and its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
1. In any manner, either by dismissal, lay-off, propaganda, or
threats, interfering with, restraining, or coercing its employees in the
exercise of their rights to self-organization, to form, join, or assist
labor organizations, to bargain collectively through representatives
of their own choosing, and to engage in concerted activities, for the'
purposes of collective bargaining or other mutual aid or'protection as
guaranteed under Section 7 of the Act;
2. In any manner dominating or interfering with the administration
of the Independent Abrasive Union, or with the formation or adminis-
tration of any other labor organization of its employees; from con-
tributing financial aid or other support to the said Independent Abra-
sive Union or any other labor organization, from recognizing, bar-
gaining collectively or dealing in any manner with the Independent
Abrasive Union or any group or committee purporting to represent
the said Independent Abrasive Union; or from forming or maintain-
ing any group or designating any individuals to act as the representa-
tives of the employees for the purpose of collective bargaining con-
cerning any of the terms or conditions of employment.
II. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
1. Withdraw all recognition from the Independent Abrasive Union
as `the representative of its' employees or any of them for the pur=
914 NATIONAL LABOR RELATIONS BOARD
pose of dealing with the respondent concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other condi-
tions of employment;
2- Immediatelyi t l post notices in conspicuous places about its plant
or plants stating that the Independent Abrasive Union is disestab-
lished' as the representative of its employees or any of them, for the
purpose of collective bargaining, and that the respondent will not
extend any recognition to such organization; the said notices to
remain posted for at least thirty (30) consecutive days from the date
of posting;
3. Inform immediately, in writing, the officers and representatives
of the Independent Abrasive Union that the respondent will not in
any manner deal with or recognize the said Independent Abrasive
Union ;
4. Immediately inform all its officers and agents, including super-
intendents, foremen, and other supervisory employees that they
shall not in any manner approach employees concerning, or discuss
with employees the question of their labor affiliation, or discriminate
against or threaten employees in any manner because of their mem-
bership in any labor organization in general, or the Amalgamated
Association of Iron, Steel, and Tin Workers of North America in
particular ;
5. Reinstate immediately Henry Carroll and Charles Lancaster to
their former positions, without prejudice to any rights and privileges
previously enjoyed by them;
6. By way of making whole Charles Lancaster, George Jack,
Joseph McDonald, and Richard Entwhistle for any losses of pay they
or any of them have suffered by reason of any lay-offs, immediately
pay them and each of them a sum of money equal to 2 days' pay at
the rate each respectively earned at the time of his latest employ-
ment by the respondent;
7. (a) By way of making whole Howard Vandergrift for any
loss of pay he may have suffered by, reason of any lay-off, immedi-
ately pay him the sum of 36 dollars;
(b) Offer Howard Vandergrift unconditional reinstatement with-
out discrimination to his former position in the respondent's shaving
department, without loss or derogation of any rights or privileges
appertaining to said position, before offering to employ or employ-
ing any other person in said position;
8. (a) Offer to all employees upon the pay roll of the respond-
ent or in the employ of the respondent on June 2, 1937, who have
since been laid off, and who are not now actually engaged in work
for the respondent, unconditional reinstatement, without discrimina-
tion, to their former positions without loss or derogation of any
rights or privileges appertaining to said position or employees, be-
DECISIONS AND ORDERS 915
fore any other persons are employed by the respondent, for such
positions. If any employee refuses, or is not available for, his for-
mer position, upon notification to him that the position is open and
after 7 days have elapsed from date of said notification, fill the posi-
tion from among such of its former employees,as are capable of
filling it;
(b) Make said offer of reinstatement to, and reinstate said em-
ployees in the order of seniority in the department in which they
worked June 2, 1937; said seniority to be calculated on the basis of
the total time spent actually working for the respondent by each of
the said employees during the period of 10 years immediately pre-
ceding March 24, 1938;
(c) When the work available for the present employees of any
division or department of the respondent's plant exceeds 4 days per
week per man, offer employment to the persons on its pay roll of
June 2, 1937, in accordance with subparagraphs (a) and (b) of this
section ;
9. Notify the Regional Director for the Fourth Region within
forty (40) days from the date of this order what steps the respond-
ent has taken to comply herewith.
And it is further ordered that the complaint, in so far as it per-
tains to the discharges of George Timle and Gustav Haller, be, and
it hereby is, dismissed without prejudice.