Killark Electric Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 24, 1938

7 N.L.R.B. 1157 (N.L.R.B. 1938)

In the Matter of KILLARK ELECTRIC MANUFACTURING COMPANY and
UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA,
AFFILIATED - WITH THE COMMITTEE FOR INDUSTRIAL ORGANIZATION
Case No. C-588.-Decided June ;? , 1938
Electrical Supplies and Accessories Afanutactur i nq Industry-Settlement:
stipulation providing for reinstatement of and payment of back pay to em-
ployees discharged or laid off and withdrawal of recognition of company-
dominated union-Order : entered on stipulation.
Mr. Herbert N. Shenkin, for the Board.
Mr. 1,aae C. Orr, of St. Louis, Mo., for the respondent.
Mr. R. B. Logsdon, of St. Louis, Mo., for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Clharges°ancl amended charges having been filed by United Elec-
trical, Radio and Machine Workers of America, affiliated with the
Committee for Industrial Organization, herein called the Union, the
National Labor Relations Board, herein called the Board, by
Dorothea de Schweinitz, Regional Director for the Fourteenth
Region ( St. Louis, Missouri ), issued and duly served its complaint
and accompanying notice of hearing, dated April 25, 1938, against
Killark Electric Manufacturing Company, St. Louis, Missouri, 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.
With respect to the unfair labor practices, the complaint alleged,
in substance , that the respondent , by urging and Warning its em-
ployees to refrain from joining or retaining their membership in the
Union, and by threatening to close down its plant rather than bar-
gain with the Union , and by other acts, discouraged its employees
in the exercise of their rights guaranteed in Section 7 of the Act;
1157
1158 NATIONAL LABOR RELATIONS BOARD
that the respondent assisted and dominated the formation and ad-
ministration of a labor organization among its employees known as
the Killark Independent Employees Association and contributed
financial support to it; and that the respondent terminated the em-
ployment of three named employees , because they joined and assisted
the Union and engaged in concerted activities with other employees
for the purposes of collective bargaining , and other mutual ;aid and
protection.
On May 2, 1938 , the respondent filed an answer to the complaint
in which it admitted the allegations as to the nature and-scope of
its business but denied the allegations of unfair labor practices.
Thereafter counsel for the Board , the respondent , through its vice
president , and the Union , through its international representative,
entered into a stipulation waiving a , hearing and setting forth the
facts concerning the nature and scope of the respondent 's business
and the terms of an order which the Board could enter in the case
upon its approval of the stipulation.
On May 4, 1938 , this stipulation , the complaint and notice of hear-
ing thereon , second amended charge, and National Labor Relations
Board Rules and Regulations-Series 1, as amended, were filed, by
agreement of the parties , with the Chief Trial Examiner of the
Board at Washington , D. C. and thereby became part of the record
in the case.
On May 13, 1938 , pursuant to Article II, Section 37, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, the Board duly issued its order transferring the case to the
Board. On June 1, 1938, the Board duly revoked the above-men-,
tioned order for the 'reason that it erroneously stated that a hearing
had been held in the case . On the same date , after having duly
considered the provisions of the above -mentioned stipulation, the
Board issued its order approving the said stipulation and transfer-
ring the proceeding to the Board for The purpose of entry of a
decision and order by the Board pursuant to the said stipulation.
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a Missouri corporation engaged in the manufac-•
ture, sale, and distribution of fuse panels , conduit fittings , automo-
bile fuses , and various types of wiring accessories, with its principal
office and place of business in St. Louis, Missouri . It also owns and
operates a plant there.
The principal raw materials used by the respondent in its oper-
ations are malleable iron , sheet steel , bar steel, copper windings, and
DECISIONS AND ORDERS 1159
packing materials. During the year 1937, the respondent purchased
raw materials at,a total cost of $199,250, 80 per cent of which were
shipped to the respondent's plant from points outside the State of
Missouri. During, the same year, the respondent manufactured
finished products, valued at $417,822, of which 90 per cent were
shipped from the respondent's plant to points outside the State of
Missouri.
We find that the respondent's operations at the St. Louis, Missouri,
plant constitute a continuous flow of trade, traffic, and commerce
among the several States.
H. THE BASIS OF THE SETTLEMENT
The above-mentioned stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between the Killark
Electric Manufacturing Company, hereinafter called the re-
spondent, the United Electrical, Radio and Machine Workers of
America, affiliated with the Committee for Industrial Organiza-
tion, hereinafter called the Union,,and Herbert N. Shenkin, at-
torney, National Labor Relations Board, that:
I. The respondent's business consists of the manufacture, sale
and distribution of fuse panels, conduit fittings, automobile fuses,
and various types of wiring accessories. The respondent was in-
corporated in Missouri in 1912, ha's its principal office and place
of business in St. Louis, Missouri, and owns and operates a plant
in St. Louis, Missouri.
The principal raw materials used by the respondent in its
business are malleable iron, sheet steel, bar steel, copper windings,
and packing materials. For the year 1937 the respondent's total
purchases of raw materials amounted,to $199,250, of this total
raw materials in the amount of $39,850 were purchased in
Missouri. Thus, 80 per cent of the raw materials were shipped.
into the respondent's plant from States other than Missouri.
In 1937, the value of the finished products manufactured by
the respondent at its St. Louis plant amounted to $417,822, of
this total, finished products in the amount of $41,782 were
shipped to points within the State of Missouri. Thus, 80 per
cent of the finished products were shipped from respondent's
St. Louis plant to points outside the State of Missouri.
Fifty per cent of the shipments of materials into and out of
respondent's St. Louis plant are by truck, and 50 per cent by
rail. The respondent's finished products are sold on a com-
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1160 NATIONAL LABOR RELATIONS BOARD
mission basis through manufacturers' agents situated all over
the country.
II. This Stipulation, the Complaint, with Notice of Hearing,
Second Amended Charge and National Labor Relations Board
Rules and Regulations attached, issued in this matter, and re-
spondent's Answer, may be introduced as evidence by filing them
with the Chief Trial Examiner of the National Labor Relations
Board at Washington, D. C.
III. The respondent, having been duly served with the Com-
plaint, Notice of Hearing and Second Amended. Charge;. waives
its right to hearing as set forth in Section 10 (b) and 10 (c) of
the National Labor Relations Act.
IV. Upon this stipulation, if approved by the National Labor
Relations Board, an Order may forthwith be entered by the Na-
tional Labor Relations Board, and, upon application without
notice, by the appropriate Circuit Court of Appeals, providing
as follows :
1. The respondent will cease and desist as follows :
(a) From in any manner interfering with, restraining or co-
ercing its employees in the exercise of their rights to self-or-
ganization, 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 in
Section 7 of the National-Labor Relations Act;
(b) From discouraging membership in the Union, or in any
other labor organization of its employees by discharging, threat-
ening, or refusing to reinstate any of its employees for joining the
Union, or any other labor organization of its employees;
(c) From in any other manner discriminating against any of
its employees in regard to hire or tenure of employment for
joining the Union, or any other labor organization of its em-
ployees;
(d) From dominating or interfering with the formation or
administration of the Killark Independent Employees' Associa-
tion, or any other labor organization, and from contributing
financial or other support to the Killark Independent Employees'
Association, or any other labor organization;
(e) From recognizing, or maintaining any contractual rela-
tionship with the Killark Independent Employees' Association
as a collective bargaining agency for its employees in respect
to rates of pay, wages, hours of employment, and other condi-
tions of employment.
DECISIONS AND ORDERSI 1161
2. The respondent shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act :
(a) Offer to Edward Fahy, John McAndrew, and Raymond
Wecker immediate and full reinstatement to their former po-
sitions without prejudice to any rights and any privileges pre-
viously enjoyed or accruing to them ;
(b) Pay immediately to Edward Fahy, John McAndrew, and
Raymond Wecker the following amounts as back pay :
Edward Fahy ------------------------------------------ $849.14
John McAndrew ---------------------------------------- 881.70
Raymond `veckei--------------------------------------- 193.38
(c) Withdraw all recognition from the Killark Independent
Employees' Association, terminate all contractual agreements
with the Killark Independent Employees' Association, and com-
pletely disestablish the Killark Independent Employees'
Association as a collective bargaining agency;
(d) Immediately post and keep visible on each bulletin board
at the St. Louis plant in a prominent place for a period of thirty
(30) days, a notice stating that the respondent shall cease and
desist as provided in Paragraph 1 (a) through 1 (e) above, and
shall take the affirmative action provided in Paragraph 2 (a)
through 2 (e) above.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Killark Electric Manufacturing
Company, St. Louis, Missouri, and its officers, agents, successors, and
assigns, shall :
1. Cease and desist from :
(a) In any manner 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 in Section 7 of the Act;
(b) Discouraging membership in the Union, or in any other labor
organization of its employees, by discharging, threatening, or refusing
to reinstate any of its employees for joining the Union, or any other
labor organization of its employees;
(c) In any other manner discriminating against any of its em-
ployees in regard to hire or tenure of employment for joining the
Union, or any other labor organization of its employees;
1162 NATIONAL LABOR RELATIONS BOARD
(d) Dominating or interfering with the formation and adminis-
tration of the Killark Independent Employees' Association, or any
other labor organization, and from contributing financial or other
support to the Killark Independent Employees' Association, or any
other labor organization;
(e) Recognizing, or maintaining any contractual relationship with
the Killark Independent Employees' Association as a collective bar-
gaining agency for its employees in respect to rates of pay, wages,
hours of employment, and other conditions of employment. ,
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Offer. to Edward Fahy, John McAndrew, and Raymond
Wecker immediate and full reinstatement to their former positions
without prejudice to any rights and any privileges previously enjoyed
or accruing to,them ;
(b) Pay immediately to Edward Fahy, John McAndrew, and Ray-
mond Wecker the following amounts as back pay:
Edward Fahy------------------------------------------ $849.14
Jolin McAndrew---------------------------------------- 881.70
Raymond Wecker-------------------------------------- 193 38
(c)-Withdraw all recognition from the Killark Independent Em-
ployees' Association, terminate all contractual agreements with the
Killark Independent Employees' Association, and completely dis-
establish the Killark Independent Employees' Association as a
collective bargaining agency;
(d) Immediately post and keep visible on each bulletin board at
the St. Louis plant in a prominent place for a period of thirty (30)
days, a notice stating that the respondent shall cease and desist as
provided in paragraph 1 (a) through 1 (e) and shall take the
affirmative action provided in paragraph 2 (a) through 2 (e) above.