American Fork & Hoe Company, Cleveland, Ohio

National Labor Relations Board - Board Decisions

Jul 15, 1939

13 N.L.R.B. 596 (N.L.R.B. 1939)

In the Matter of AMERICAN FORK & HOE COMPANY, CLEVELAND, OHIO
and MASTER WORKMEN OF AMERICA, INCORPORATED, 1305 E. WASH-
INGTON STREET, CHARLESTON, WEST VIRGINIA, AND CONSOLIDATED
WORKERS OF AMERICA, INCORPORATED, 1329 FRAME STREET, CHARLES-
TON, WEST VIRGINIA
Cases Nos. C-636 and C--637.-Decided July 15,19-39
Are and Tool Manufacturing Industry-Settlement : stipulation providing for
compliance with the Act-Order : entered on stipulation.
Mr. Oscar Grossman, Mr. W. J. Perricelli, and Mr. Robert E.
Greene, for the Board.
Waite, Schirndel & Bayless, by Mr. John R. Schindel, of Cincinnati,
Ohio, and Price, Smith & Spilman, by Mr. Hawthorne N. Battle, of
Charleston, W. Va., for the respondent.
Mr. H. W. James, of Charleston, W. Va., for the M. W. A.
Mr. Alma Jarrett, of Charleston, W. Va., for the Consolidated.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon separate charges and amended charges duly filed by Master
Workmen of America, Incorporated, herein called the Al. W. A., and
by Consolidated Workers of America, Incorporated, herein called
the Consolidated, the National Labor Relations Board, herein called
the Board, on April 27, 1938, acting pursuant to Article II, Section
37 (b), of National Labor Relations Board Rules and Regulations-
Series 1, as amended, ordered that the two cases be consolidated for
the purpose of hearing. The Board, by the Regional Director for
the Ninth Region (Cincinnati, Ohio), issued its complaint dated
April 29, 1938, and its amended complaint dated May 10, 1938,
against American Fork & Hoe Company, Cleveland, Ohio, herein
called the respondent, alleging that the respondent had engaged in
and was engaging in unfair labor practices affecting commerce
13 N. L. R. B., No. 68.
596
AMERICAN FORK & HOE COMPANY 597
within the meaning of Section 8 (1) and (3) and Section 2 (6) and
(7) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. Copies of the complaint, amended complaint, order of
consolidation, and notice of hearing thereon, were duly served upon
the respondent, the M. W. A., and the Consolidated.
Concerning the unfair labor practices, the complaint, as amended,
alleged in substance that the respondent terminated the employment
of and refused to reinstate three named employees because they joined
and assisted the M. W. A. and engaged in concerted activities with
other employees of the respondent for the, purposes of collective
bargaining and other mutual aid and protection ; that the respondent
refused to reinstate 57 named employees because they had gone out
on strike and because they joined and assisted the Consolidated and
engaged in concerted activities with other employees of the respond-
ent for the purposes of collective bargaining and other mutual aid
and protection; that the respondent during and after the strike
sought to compel and induce certain of its striking employees to
return to work as new employees, with loss of their former positions
and seniority rights, for the reason that they went out on strike and
joined the Consolidated; that the respondent employed labor spies
and. caused them to pose as members of the M. W. A. and of the
Consolidated in order to report on the union activities of its em-
ployees and to dominate and interfere with the formation and
administration of the M. W. A. and of the Consolidated by becoming
officers and members of said organizations and thereby influence the
policies of said organizations; that the respondent advised its em-
ployees that the respondent would not recognize any labor organiza-
tion in general, or the Consolidated in particular; that the respond-
ent, by the afore-mentioned activities and by other acts, interfered
with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act.
On May 7, 1935, the respondent filed a motion to require the com-
plaint to be made definite and in the alternative for dismissal of
the complaint. The Regional Director for the Ninth Region denied
this motion without prejudice to renew the same before the Trial
Examiner at the hearing. At the same time the Regional Director
denied the respondent's motion to strike certain parts of the com-
plaint, and to dismiss the proceedings with respect to certain persons
and organizations. The respondent's motion for severance of the
consolidated cases was denied, without prejudice, by an order of the
Board dated May 11, 1938.
187930-39-vol 13-39
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 19, 1938, the respondent, the Consolidated, and counsel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
STIPULATION
I
It is hereby stipulated and agreed by and between the Re-
spondent, American Fork & Hoe Company, by its attorneys, and
Consolidated Workers of America, Incorporated, by its Secre-
tary, and the Attorneys of the National Labor Relations Board,
Ninth Region, as follows :
1. Upon separate charges duly filed by the Master Workmen
of America, through Henry James, Secretary of said Union and
its duly accredited agent for this purpose, and by the Consoli-
dated Workers of America, Incorporated, through Alma Jarrett,
its Secretary and its duly accredited agent for this purpose,
Philip G. Phillips, Agent of the National Labor Relations Board,
acting pursuant to authority granted in Section 10(b) of the
National Labor Relations Act, approved July 5, 1935, and acting
pursuant to its Rules and Regulations, Series 1, as amended,
Article IV, Section 1, issued its Complaint and Notice of Hear-
ing on the 29th day of April, 1938, against Respondent, Ameri-
can Fork & Hoe Company, and issued its Amended Complaint
and Notice of Hearing on the 10th day of May, 1938, against said
Respondent.
2. The original Complaint, Charge of Consolidated Workers
of America, Inc., First Amended Charge of Master Workmen
of America, Inc., Order of Consolidation and Notice of Hearing
thereon, as well as a copy of the Rules and Regulations, Series
1, as amended April 27, 1936, were duly served upon the Respond-
ent and upon the Master Workmen of America, Incorporated,
and upon the Consolidated Workers of America, Incorporated,
on April 30, 1938, in accordance with said Rules and Regulations,
Series 1, as amended, Article V, Section 1, which hearing was
to commence at 9: 30 A. .M., on May 9, 1938, in the Federal Build-
ing, City of Charleston, 'County of Kanawha, State of West Vir-
ginia, thus allowing an intervening period of nine (9) days
between the service of said Complaint, Charges, Order of Con-
solidation, Notice of Hearing and a copy of the Rules and
Regulations and the date of the hearing thereon, which hearing
was continued until May 16, 1938; and the Amended Complaint,
First Amended Charge of Consolidated Workers of America,
Inc., First Amended Charge of Master Workmen of America,
AMERICAN FORK & HOE COMPANY 599
Inc., Order of Consolidation and Notice of Hearing thereon,
as well as a copy of the Rules and Regulations, Series 1, as
amended April 27, 1936, were duly served upon the Respondent
and upon Master Workmen of America, Incorporated, and upon
the Consolidated Workers of America, Incorporated, on May 11,
1938, in accordance with said Rules and Regulations, Series 1,
as amended, and Article V, Section 1, which hearing thereon
was to commence at 9: 30 A. M., on May 16, 1938, in the Federal
Building, City of Charleston, County of Kanawha, State of West
Virginia, thus allowing an intervening period of five (5) days
between the service of said Amended Complaint, Amended
Charges, Order of Consolidation, Notice of Hearing and a copy
of the Rules and Regulations, and the date of the hearing
thereon.
3. Respondent, American Fork & Hoe Company, is and has
been continuously at all times since 1900 a corporation organized
and existing by virtue of the laws of the State of Ohio, having
its principal office and place of business in the City of Cleveland,
County of Cuyahoga, State of Ohio, and is now and has been
continuously at all times since August 1, 1930, engaged in a
place of business known as the Kelly Axe & Tool Division of the
American Fork & Hoe Company, near the City of Charleston,
County of Kanawha, State of West Virginia, hereinafter called
the Kelly Axe Division, in the manufacture and distribution of
axes, scythes and other tool products. As an integral part of
its business, Respondent owns and operates plants in the states
of Ohio, Pennsylvania, New York, Vermont, North Carolina,
Georgia, West Virginia, Tennessee and Indiana.
4. The Master Workmen of America, Incorporated, and the
Consolidated Workers of America, Incorporated, and each of
them, are labor organizations within the meaning of Section 2,
Subdivision (5) of the National Labor Relations Act.
5. Respondent, American Fork & Hoe Company, is engaged in
Interstate Commerce within the meaning of Section 2, Subdivi-
sions (6) and (7) of the National Labor Relations Act.
6. The principal raw and other materials which the Respond-
ent, American Fork & Hoe Company, uses in its business at the
Kelly Axe Division are as follows : Steel, Wood Handles, Grind-
ing Wheels, Glue and Grain. The total cost of these raw and
other materials used by the Respondent in its Kelly Axe Division
for the fiscal year May 1, 1936, to April 30, 1937, was in excess of
Eight Hundred Thousand ($800,000) Dollars.
During the fiscal year above mentioned the Respondent pur-
chased these aforementioned raw and other materials in states of
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the United States other than the State of West Virginia, prin-
cipally in the states of Pennsylvania, Ohio, Tennessee, Kentucky,
Massachusetts and New York, and, in the course and conduct of its
business, causes and has continuously caused these raw materials
used by it in the production of axes, scythes and other tool prod-
ucts, to be transported in interstate commerce from the above
mentioned states to the aforesaid Kelly Axe Division in the State
of West Virginia, and there these raw and other materials are
manufactured by the Respondent into axes, scythes and other tool
products.
7. The value of said axes, scythes and other tool products pro-
duced in the Kelly Axe Division was in excess of Two Million
($2,000,000) Dollars for the fiscal year May 1, 1936, to April 30,
1937, and in the course and conduct of its business at the Kelly
Axe Division, the Respondent causes and has continuously caused
its entire production of the axes, scythes and other tool products
to be transported by railroad carrier from its Kelly Axe Division
in the State of West Virginia, to purchasers in practically all of
the States of the United States.
8. Respondent, American Fork & Hoe Company, waives its right
to file an answer to said Complaint and Amended Complaint
and each of them of the National Labor Relations Board, and its
right to hearing on said Complaint, Amended Complaint and
each of them as set forth in Section 10 (b) and 10 (c) of the
National Labor Relations Act, insofar, and insofar only, as they
relate to Consolidated Workers of America and its members.
II
It is further stipulated and agreed by and between the American
Fork & Hoe Company, Consolidated Workers of America, Inc.
and National Labor Relations Board, that the National Labor Re-
lations Board may forthwith enter an Order in the above entitled
cause to the following effect :
Respondent, American Fork & Hoe Company, shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining or co-
ercing its employees in the exercise of their rights to self-organ-
ization, to form, join or assist labor organizations, to bargain col-
lectively through representatives of their own choosing and to
engage in concerted activities for the purpose of collective bargain-
ing or other mutual aid or protection as guaranteed in Section 7
of the National Labor Relations Act.
(b) From discouraging membership in the Consolidated Work-
ers of America, Incorporated, or in any other labor organization
AMERICAN FORK & HOE COMPANY 601
of its employees, by discharging, threatening or refusing to re-
instate any of its employees for joining or assisting the Consoli-
dated Workers of America, Incorporated, or any other labor or-
ganization of its employees, or for engaging in other concerted
activities for the purpose of collective bargaining or other mu-
tual aid and protection.
(c) From in any other manner discriminating against any of
its employees in regard to hire and tenure of employment, or
terms and conditions of employment, for joining or assisting the
Consolidated Workers of America, Incorporated, or any other
labor organization of its employees, or for engaging in other con-
certed activities for the purpose of collective bargaining or other
mutual aid and protection.
(d) From hereafter employing or using the services of labor
spies or otherwise engaging in any kind of labor espionage.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the National Labor Relations Act :
(a) Offer to the following, and no others, except as hereinafter
provided :
1. Arthur Bogges 13. Ed. Milam
2. Coda Dyer 14. C. Basil McCubbin
'3. Edd Gadd 15. John McKinney
4. V. T. Graham 16. R. E. McKinney
5. Ursula Hammack 17. Ira J. Miller
6. Clark King 18. J. P. Randolph
7. H. B. Hundley 19. Dorothy Rhodes
8. Alma Jarrett 20. Holly Sigmon
9. Delia Jones 21. Geo. Smith
10. Geo. Jones 22. Verda Thaxton
11. Alma Layne 23. Wm. Waugh
12. E. B. Mangis
full reinstatement, restoring said twenty-three (23) employees to
the positions which they held prior to the strike in June, 1936,
without prejudice to any seniority rights or to any other rights
and privileges enjoyed by them; and in the event any of the posi-
tions held by any of the above named employees previous to the
strike in June, 1936, are no longer in operation or existence, offer
to such employees full reinstatement, without prejudice to any
seniority rights or to any other rights and privileges previously
enjoyed by them, to positions similar or substantially equivalent
to those positions held by such employees prior to the strike in
June, 1936. Any twelve (12) of said employees shall be, in writ-
ing, so offered such reinstatement within ten (10) days after
Respondent is notified by the Regional Director that the National
602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board has approved the terms of this stipulation,
and the balance of said employees shall be, in writing, so offered
such reinstatement within thirty (30) days after said notification.
(b) Offer to
1. Staunton Campbell
2. Birdie Kessell
3. Nellie Thomas
full reinstatement, restoring said employees to the positions which
they held prior to the strike in June, 1936, without prejudice to
any seniority rights, or to any other rights and privileges enjoyed
by them; and in the event any of the positions held by any of the
above named three (3) employees previous to the strike in June,
1936, are no longer in operation or existence, offer to such em-
ployees full reinstatement, without prejudice to any seniority
rights or to any other rights and privileges previously enjoyed
by them, to positions similar or substantially equivalent to those
positions held by such employees prior to the strike of June, 1936.
Provided, however, that such reinstatement of each of said three
(3) employees is conditional upon the receipt by Respondent from
the Regional Director, Ninth Region, of the National Labor Re-
lations Board of the written results of a physician's physical ex-
amination of each of said employees, to be made within ten (10)
days after Respondent is notified by said Regional Director that
said Labor Board has approved the terms of this stipulation, to-
gether with a written notice, based on said physical examination,
of his determination that said employee is physically fit to be
employed by Respondent. In the event such Regional Director
determines that any of said employees are suffering from such
physical disability that he or she is unfit to be employed, then
Respondent shall be fully released from any obligation in respect
to the reinstatement of such employee. In the event such Re-
gional Director notifies Respondent that he has determined that
any of said employees should be so reinstated, then the Respond-
ent shall, within ten (10) days after the receipt of said notice
from said Regional Director, offer said employee such reinstate-
ment as aforesaid. The Regional Director shall designate one
or more of the following physicians to make such physical exam-
ination :
1. G. C. Schoolfield 4. S. H. Phillips
2. J. Ross Hunter 5. H. W. Angell
3. J. B. Banks 6. V. Eugene Holcombe
(c) Offer to Walter Parsons, whenever a scythe grinder is
needed by Respondent in its said Kelly Axe Division and said
Parsons is eligible therefor by reason of his seniority status as a
AMERICAN FORK & HOE COMPANY 603
scythe grinder, full reinstatement to the position which he held
prior to the strike in June, 1936, without prejudice to seniority
rights or any other rights and privileges previously enjoyed by
him.
(d) Place the following:
1. Altha Atkinson
2. Carl Burnem
3. Fred Burnem
4. C. R. Carney
5. Dorothy Carney
6. Waldo Carney
7. Odie Casto
8. Garnet Chaney
9. Osa Cummings
10. Howard Ford
11. W. W. Graham
12. Clarence Harper
13. Calle Jones
14. Muriel Lanham
15. Delbert Legg
16. E. E. McKinney
17. G. S. Meadows
18. E. M. Miller
19. Stacie Miller
20. J. D. Mills
21. O. E. Parson
22. C. B. Pitts
23. Marvin Scragg
24. Pearl Shaffer
25. Mabel Sigmon
26. J. R. Taylor
27. Ova Taylor
28. W. J. Waddy
29. Lottie Woods
30. Gatha Woodson
on a preferential employment list which shall mean that each
of said parties shall be reemployed by Respondent when needed
in said Kelly Axe Division before any other person of less or
equal seniority rating and efficiency whose name does not appear
on said list is employed in the department wherein the respective
employee may have worked. In the case of equal or greater sen-
iority rating of the employees named in the above list, and other
employees of the Respondent then laid off, the question of effi-
ciency shall be submitted to the Manager of said Kelly Axe Divi-
sion and a representative of the National Labor Relations Board, .
Ninth Region, to be designated by'the Regionab Director, whose
decision shall be binding.
In the event of disagreement between said representatives, the
facts shall be submitted to the Regional Director, Ninth Region,
whose decision shall be final.
In the event of the reemployment of any of the above em-
ployees, they shall receive full reinstatement, restoring said
employees to the positions which they formerly held prior to the
strike in June, 1936, without prejudice to any seniority rights
or to any other rights and privileges previously enjoyed by them.
Respondent shall, within ten (10) days after being notified
by the Regional Director, Ninth Region, that the National Labor
Relations Board has approved the terms of this stipulation,
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
notify said employees, hereinbefore in this section (d) set forth,
in writing to file a written statement expressing their desire that
their names be retained on this preferential employment list, and
if said written statement is not filed within thirty (30) days
after the receipt, to be evidenced by a registered mail return
receipt, of said written notice, then such employee's right to be
placed on said preferential list shall cease. In the event any of
said employees are immediately needed by Respondent, then the
provisions of Division II, Section 2 (a) hereof shall apply.
(e) If any of said employees do not accept such offer of rein-
statement by reporting for work at said Kelly Axe Division
within ten (10) days after the receipt, to be evidenced by a
registered mail return receipt signed by the respective employee,
of a written offer of employment, their right to such reinstate-
ment shall cease and terminate. Except said period of ten (10)
days shall be extended for a maximum period of two (2) months
if said employee is physically unable to report for work and so
notifies Respondent in writing, and gives Respondent a written
statement to that effect signed by a physician.
(f) Pay the sum of Five Thousand ($5,000.00) Dollars in
full settlement of any and all loss of pay suffered by the em-
ployees named in paragraph 7 and referred to therein as Schedule
A of said Amended Complaint, and each of them, by reason of
their discharge. Said sum shall be paid by Respondent to the
parties and in the amounts shown in Schedule I attached hereto
and made a part hereof.'
(g) Post notices to its employees in conspicuous places on
each bulletin board in the Kelly Axe Division, stating that Re-
spondent will cease and desist, in accordance with the provisions
of Division II, Subsections 1 (a), (b) and (c) hereof. Such
notices shall remain posted for a period of at least thirty (30)
consecutive nays from the date of the approval of this stipulation
by the National Labor Relations Board.
III
It is further stipulated and agreed by and between the re-
spective parties hereto, that in the event there is not compliance
with the terms and provisions of the order of the Board as en-
tered hereon, and it becomes necessary, in order to enforce its
terms and provisions, to file a petition for enforcement of the
same in the appropriate Circuit Court of Appeals of the United
'The schedule referred to is set out in the Board Order as Schedule I.
AMERICAN FORK & HOE COMPANY 605
States by the National Labor Relations Board, the Respondent,
American Fork & Hoe Company, consents and agrees that a
decree of the said Court, to the same effect, be entered upon said
Order without further notice of application therefor.
IV
All stipulations herein made and the terms and provisions
hereof are made subject to the approval of the National Labor
Relations Board, and in the event the same is not so approved
this stipulation shall not be considered an admission of any kind
or character and shall not have any force or effect whatsoever.
On June 1, 1938, the Board issued its order approving the above
stipulation, making it part of the record in the case, and transferring
the proceeding to the Board for the purpose of entry of a decision
and order by the Board.
The M. W. A. filed on June 9, 1938, a motion for hearing and bill
,of exceptions to settlement, and a brief in. support of the motion.
On November 30, 1938, the respondent and counsel for the Board
entered into a second stipulation of settlement. The second stipu-
lation provides as follows :
SECOND STIPULATION OF SETTLEMENT
It is hereby stipulated and agreed by and between the Amer-
ican Fork & Hoe Company, by its attorneys, and W. J. Perri-
Celli, attorney, National Labor Relations Board, Ninth Region,
that :
1. Paragraphs 3, 6 and 7 of part I of the Stipulation entered
into in this matter on May 19, 1938 between the American Fork
& Hoe Company and the Consolidated Workers of America, In-
corporated, and Oscar Grossman, and Robert E. Green, attor-
neys, National Labor Relations Board, hereinafter referred to
as the First Stipulation, be incorporated within and made part
of this stipulation of settlement as if expressly set out herein;
2. In settlement of the allegations of the Complaint and
Amended Complaint issued in this matter, in so far, and in so
far only as such Complaint and Amended Complaint relate to
the Master Workmen of America, Incorporated, 1305 E: Wash-
ington Street, Charleston, West Virginia, the American Fork
& Hoe Company, waiving its right to file an answer and to
hearing pursuant to Section 10 (b) and 10 (c) of the.National
Labor Relations Act on such Complaint and Amended Com-
plaint as so related, hereby agrees that the National Labor Re-
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lations Board may forthwith enter an order to the following
effect :
Respondent, American Fork & Hoe Company, shall:
I. Take the following affirmative action, which the Board
finds will effectuate the policies of the National Labor Relations
Act :
(a) Offer to O. B. Lowry, the sum of One Hundred ($100.00)
Dollars.
(b) Offer employment to Robert Denson in the Forge Shop
Department when needed in the Kelly Axe Division before any
other person' of less or equal seniority rating and efficiency is
employed in the Forge Shop Department.
H., Respondent shall, within ten days after being notified by
the Regional Director, Ninth Region, that the National Labor
Relations Board has approved the terms of this stipulation, no-
tify the Regional Director for the Ninth Region, in writing,"
what steps it has taken to comply with the order.
3. This Stipulation and the terms and provisions hereof are
made subject to the approval of the National Labor Relations
Board, and in the event the same is not so approved, this stipu-
lation shall not be considered an admission of any kind or char-
acter and shall not have any force or effect whatsoever.
On.June 22, 1939, the Board issued its order approving the above
stipulation and making it part of the record in the case. The Board
further ordered that the request by the M. W. A., that the Board
"grant a hearing in this case," be denied. The M. W. A.'s excep-
tions of June 9, 1938, to the settlement of May 19, 1938, are hereby
overruled.
On July 3, 1939, the M. W. A. transmitted to the Board its "Ex-
ceptions to Order Approving Second Stipulation of Settlement and
Request for a Hearing." The exceptions and request are hereby
overruled and denied.
Upon the above stipulations and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
American Fork & Hoe Company is an Ohio corporation having its
principal office and place of business in Cleveland, Ohio. It operates
a place of business known as the Kelly Axe & Tool Division of the-
American Fork & Hoe Company, herein called the Kelly Axe
Division, located near Charleston. West Virginia, and there engages
AMERICAN FORK ds HOE COMPANY 607
in the manufacture and distribution of axes, scythes, and other tool
products. As an integral part of its business, respondent also owns
and operates plants in the States of Ohio, Pennsylvania, New York,
Vermont, North Carolina, Georgia, West Virginia, Tennessee, and
Indiana.
The principal raw materials used by the respondent at its Kelly
Axe Division are steel, wood handles, grinding wheels, glue, and
grain. The total cost of these raw and other materials for the fiscal
year May 1, 1936, to April 30, 1937, was in excess of $800,000. The
respondent purchased these afore-mentioned raw and other materials
in States of the United States other than the State of West Virginia,
principally in the States of Pennsylvania, Ohio, Tennessee, Kentucky,
Massachusetts, and New York, and has caused these raw materials to
be transported in interstate commerce from the above-mentioned
States to the State of West Virginia.
The value of said axes, scythes, and other tool products produced
in the Kelly Axe Division was in excess of $2,000,000 for the fiscal
year May 1, 1936, to April 30, 1937. The respondent ships its finished
products to purchasers in practically all of the States of the United
States.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, stipulations, 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, American Fork & Hoe Company,
shall :
1. Cease and desist :
(a) From 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 con-
certed activities for the purpose 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 Consolidated Workers
of America, Incorporated, or in any other labor organization of its
employees, by discharging, threatening or refusing to reinstate any
of its employees for joining or assisting the Consolidated Workers of
America, Incorporated, or any other labor organization of its em-
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, or for engaging in other concerted activities for the purpose
of collective bargaining or other mutual aid and protection;
(c) From in any other manner discriminating against any of its
employees in regard to hire and tenure of employment,, or terms and
conditions of employment, for joining or assisting the Consolidated
Workers of America, Incorporated, or any other labor organization
of its employees, or for engaging in other concerted activities for
the purpose of collective bargaining or other mutual aid and
protection;
(d) From hereafter employing or using the services of labor spies
or otherwise engaging in any kind of labor espionage.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the National Labor Relations Act :
(a) Offer to the following, and no others, except as hereinafter
provided :
1. Arthur Bogges 13. Ed. Milam
2. Coda Dyer 14. C. Basil McCubbin
3. Edd Gadd 15. John McKinney
4. V. T. Graham 16. R. E. McKinney
5. Ursula Hammack 17. Ira J. Miller
6. Clark King 18. J. P. Randolph
7. H. B. Hundley 19. Dorothy Rhodes
8. Alma Jarrett 20. Holly Sigmon
9. Delia Jones 21. Geo. Smith
10. Geo. Jones 22. Verda Thaxton
11. Alma Layne 23. Wm. Waugh
12. E. B. Mangis
full reinstatement, restoring said twenty-three (23) employees to the
positions which they held prior to the strike in June 1936, without
prejudice to any seniority rights or to any other rights and privileges
enjoyed by them; and in the event any of the positions held by any
of the above-named employees previous to the strike in June 1936
are no longer in operation or existence, offer to such employees full
reinstatement, without prejudice to any seniority rights or to any
other rights and privileges previously enjoyed by them, to positions
similar or substantially equivalent to those positions held by such
employees prior to the strike in June 1936. Any twelve (12) of said
employees shall be, in writing, so offered such reinstatement within
ten (10) days after respondent is notified by the Regional Director
that the National Labor Relations Board has approved the terms
of the stipulation, and the balance of said employees shall be, in
writing, so offered such reinstatement within thirty (30) days after
said notification
AMERICAN FORK & HOE COMPANY 609
(b) Offer to
1. Staunton Campbell
2. Birdie Kessell
3. Nellie Thomas
full reinstatement, restoring said employees to the positions which
they held prior to the strike in June 1936, without prejudice to any
seniority rights, or to any other rights and privileges enjoyed by them;
and in the event any of the positions held by any of the above-named
three (3) employees previous to the strike in June 1936 are no longer
in operation or existence, offer to such employees full reinstatement,
without prejudice to any seniority rights or to any other rights and
privileges previously enjoyed by them, to positions similar or sub-
stantially equivalent to those positions held by such employees prior
to the strike of June 1936. Provided, however, that such reinstate-
ment of each of said three (3) employees is conditional upon the
receipt by respondent from the Regional Director, Ninth Region, of
the National Labor Relations Board of the written results of a physi-
cian's physical examination of each of said employees, to be made
within ten (10) days after respondent is notified by said Regional
Director that said Labor Board has approved the terms of the stipula-
tion, together with a written notice, based on said physical examina-
tion, of his determination that said employee is physically fit to be
employed by respondent. In the event such Regional Director deter-
mines that any of said employees are suffering from such physical
disability that he or she is unfit to be employed, then respondent shall
be fully released from any obligation in respect to the reinstatement
of such employee. In the event such Regional Director notifies re-
spondent that he has determined that any of said employees should
be so reinstated, then the respondent shall, within ten (10) days after
the receipt of said notice from said Regional Director, offer said
employee such reinstatement as aforesaid. The Regional Director shall
designate one or more of the following physicians to make such
physical examination :
1. G. C. Schoolfield 4. S. H. Phillips
2. J. Ross Hunter 5. H. W. Angell
3. J. B. Banks 6. V. Eugene Holcombe
(c) Offer to Walter Parsons, whenever a scythe grinder is needed
by respondent in its said Kelly Axe Division and said Parsons is
eligible therefor by reason of his seniority status as a scythe grinder,
full reinstatement to the position which he held prior to the strike
in June 1936, without prejudice to seniority rights or any other rights
and privileges previously enjoyed by him;
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) Place the following:
1. Altha Atkinson
2. Carl Burnem
3. Fred Burnem
4. C. R. Carney
5. Dorothy Carney
6. Waldo Carney
7. Odie Casto
8. Garnet Chaney
9. Osa Cummings
10. Howard Ford
11. W. W. Graham
12. Clarence Harper
13.
14.
15.
Calle Jones
Muriel Lanham
Delbert Legg
16. E. E. McKinney
17. G. S. Meadows
18. E. M. Miller
19. Stacie Miller
20. J. D. Mills
21. O. E. Parson
22. C. B. Pitts
23. Marvin Scragg
24. Pearl Shaffer
25. Mabel Sigmon
26. J. R. Taylor
27. Ova Taylor
28. W. J. Waddy
29. Lottie Woods
30. Gatha Woodson
,on a preferential employment list which shall mean that each of said
parties shall be reemployed by respondent when needed in said Kelly
Axe Division before any other person of less or equal seniority rating
and efficiency whose name does not appear on said list is employed
in the department wherein the respective employee may have worked.
In the case of equal or greater seniority rating of the employees
named in the above list, and other employees of the respondent then
laid off, the question of efficiency shall be submitted to the manager
of said Kelly Axe Division and a representative of the National
Labor Relations Board, Ninth Region, to be designated by the
Regional Director, whose decision shall be binding.
In the event of disagreement between said representatives, the facts
shall be submitted to the Regional Director, Ninth Region, whose
decision shall be final.
In the event of the reemployment of any of the above employees,
they shall receive full reinstatement, restoring said employees to the
positions which they formerly held prior to the strike in June 1936,
without prejudice to any seniority rights or to any other rights and
privileges previously enjoyed by them.
Respondent shall, within ten (10) days after being notified by the
Regional Director, Ninth Region, that the National Labor Relations
Board has approved the terms of the stipulation, notify said em-
ployees, hereinbefore in this section (d) set forth, in writing to file
a written statement expressing their desire that their names be re-
tained on this preferential employment list, and if said written
statement is not filed within thirty (30) days after the receipt, to be
evidenced by a registered mail return receipt, of said written notice,
AMERICAN FORK & HOE COMPANY b11
then such employee's right to be placed on said preferential list shall
cease: In the event any of said employees are immediately needed
by respondent, then the provisions of Section 2 (e) hereof shall
apply ;
(e) If any of said employees do not accept such offer of reinstate-
ment by reporting for work at said Kelly Axe Division within ten
(10) days after the receipt, to be evidenced by a registered mail
return receipt signed by the respective employee, of a written offer
of employment, their right to such reinstatement shall cease and
terminate. Except said period of. ten (10) days shall be extended
for a maximum period of two (2) months if said employee is physi-
cally unable to report for work and so notifies respondent in writing,
and gives respondent a written statement to that effect signed by
a physician;
(f) Pay the sum of Five Thousand ($5,000.00) Dollars in 'full set-
tlement of any and all loss of pay suffered by the employees named
in paragraph 7 and referred to therein as Schedule A of said
Amended Complaint, and each of them, by reason of their discharge.
Said sum shall be paid by respondent to the parties' and in the
amounts shown in Schedule I attached hereto and made a part hereof;
(g) Post notices to its employees in conspicuous places on each
bulletin board in the Kelly Axe Division, stating that respondent will
cease and desist, in accordance with the provisions of Section, II
hereof. Such notices shall remain posted for a period of at least
thirty (30) consecutive days from the date of the approval of the
stipulation by the National Labor Relations Board.
AND IT IS FURTHER ORDERED, that respondent, American Fork & Hoe
Company, shall:
I. Take the following affirmative action, which the Board finds
will effectuate the policies of the National Labor Relations Act :
(a) Offer to O. B. Lowry, the sum of One Hundred ($100.00)
Dollars;
(b) Offer employment to Robert Denson in the Forge Shop De-
partment when needed in the Kelly Axe Division before any other
person of less or equal seniority rating and efficiency is employed
in the Forge Shop Department.
II. Respondent shall, within ten (10) days after being notified
by the Regional Director, Ninth Region, that the National Labor
Relations Board has approved the terms of the stipulation, notify
the Regional Director for the Ninth Region, in writing, what steps
it has taken to comply with the Order.
AND IT IS FURTHER ORDERED , that the complaint, in so far as it
alleges unfair labor practices in regard to any individuals not specifi-
cally provided for above, be, and the same hereby is, dismissed.
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Schedule I
Name Amount
1. Bogges, Arthur------------------------------------- $50.00
2. Burnem, Carl --------------------------------------- 100.00,
3. Burnem, Fred--------------------------------------- 100.00
4. Campbell, Staunton--------------------------------- 400.00
5. Carney, Waldo-------------------------------------- 100.00
6. Casto, Odie----------------------------------------- 100.00
7. Chaney, Garnet------------------------------------- 10000
8. Cummings, Osa------------------------------------- 100.00
9. Dyer, Coda----------------------------------------- 50.00
10. Ford, Howard------------'------------------------- 100.00
11. Gadd, E. H----------------------------------------- 100.00
12. Graham, V. T--------------------------------------- 100.00
13. Hammack, Ursula---------------------------------- 50.00
14. Harper, Clarence------------------------------------ 100.00
15. Jarrett, Alma--------------------------------------- 100.00
16. Jones, Calle----------------------------------------- 100.00,
17. Kessel, Birdie--------------------------------------- 300.00
18. Layne, Alma---------------------------------------- 50.00,
19. Mangis, E. B--------------------------------------- 150.00
20. McCubbin, C. B------------------------------------- 100.00
21. McKinney, E. E------------------------------------- 100.00
22. McKinney, John------------------------------------- 5000-
23. McKinney, R. E------------------------------------- 100.00
24. Meadows, G. S-------------------------------------- 100.00
25. Milam, Edward------------------------------------- 150 00
26. Miller, E. M---------------------------------------- 150.00
27. Miller, I. J----------------------------------------- 100.00
28. Miller, Stacie--------------------------------------- 100.00
29. Mills, J. D----------------------------------------- 50 00
30. Parsons, 0. E--------------------------------------- 200.00
31. Parsons, Walter------------------------------------- 100.00
32. Pitts, 0. B----------------------------------------- 100.00
33. Randolph, S. P-------------------------------------- 200.00
34. Rhodes, Dorothy------------------------------------ 50.00
35. Shaffer, Pearl--------------------------------------- 50.00
36. Sigmon, Holly-------------------------------------- 50.00
37. Sigmon, Mabel-------------------------------------- 50.00
38. Smith, George------------------------------------- 200.00
39. Taylor, J. R---------------------------------------- 200.00
40. Taylor, Ova----------------------------------------- 100.00
41. Thaxton, Verda------------------------------------- 50.00
42. Thomas, Nellie-------------------------------------- 50.00
43. Waugh, William------------------------------------ 200.00
44. Woods, Lottie--------------------------------------- 50.00
45. Woodson, Gatha------------------------------------- 100.00
Total-Five Thousand Dollars- ----------------$5,000.00
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Order.