Atlas Tack Corp.

National Labor Relations Board - Board Decisions

Oct 8, 1938

9 N.L.R.B. 107 (N.L.R.B. 1938)

In the Matter of ATLAS TACK CORPORATION and FABRICATED METAL
WoRKERS' LOCAL INDUSTRIAL UNION No. 71, AFFILIATED WITH THE
C. I. O.
Case No. C-709.-Decided October 8, 1938
Hardware Manufacturing Industry-Settlement : stipulation providing for re-
instatement and back pay and withdrawal of recognition of company -dominated
union-Order : entered on stipulation-Discrimination : charges of , dismissed
as to 8 employees.
Mr. Bernard J. Donoghue, for the Board.
Bingham, Dana c Gould, by Mr. Lawrence M. Lombard and Mr.
John T. Hayes, of Boston , Mass., for the respondent.
Mr. Liam Donlon, of Boston , Mass. , for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Fabricated Metal
Workers' Local Industrial Union No. 71, affiliated with the C. I. 0.,.
herein called the Union, the National Labor Relations Board, herein
called the Board, by the Regional Director for the First Region
(Boston, Massachusetts), issued its complaint dated May 27, 1938,.
against Atlas Tack Corporation, Fairhaven, Massachusetts, 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), (3), and (5) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. Copies of the complaint and notice of hearing
thereon were duly served on the respondent and the Union. The
respondent did not file an answer to the complaint.
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent dominated and interfered with the
formation of two labor organizations among its employees known
as Employee's Metal Workers Association of the Atlas Tack Corpo-
ration and Atlas Employee's Association, respectively; that although
the Union was the representative for the purpose of collective bargain-
9 N. L. R. B., No. 18.
107
108 NATIONAL LABOR RELATIONS BOARD
ing of a majority of the respondent's employees in an appropriate
unit, the respondent refused to bargain collectively with it as the
exclusive representative of its employees ; that the respondent termi-
nated the employment of 35 named employees and` refused to rein-
state 32 of them, because they engaged in activities for the Union;
and that the respondent, by threats and acts of intimidation, re-
strained, coerced, and interfered with its employees in the exercise
of their rights guaranteed in Section 7 of the Act.
On June 14, 1938, the Regional Director notified the respondent
and the Union that the hearing had been postponed indefinitely.
On June 23, 1938, the respondent, the Union, and counsel for the
Board entered into a stipulation in which the respondent waived a
hearing and agreed to the facts concerning the nature and scope
of its business and the terms of- an order which the Board could
enter in the case upon its approval of the stipulation. This stipula-
tion provides as follows :
Upon charges duly filed by the Fabricated Metal Workers'
Local Industrial Union No. 71,1affiliated with the Committee for
Industrial Organization, (hereinafter called the Union) 73
Tremont Street, Boston, Massachusetts , by Michael F. Widman,
Jr., accredited agent and, representative of said Union, for this
purpose, A. Howard Myers, Regional Director of the National
Labor Relations Board, (hereinafter called N. L. R. B.) acting
pursuant to authority granted in Section 10. (b) of the National
Labor Relations Act, approved July 5, .1935, (hereinafter called
the Act) and acting pursuant'to its Rules and Regulations, Series
1, as amended, issued' its Complaint and Notice of Hearing on
the 27th day of May , 1938, against "the Atlas Tack Corporation,
Fairhaven, Massachusetts, hereinafter called the Respondent.
The Charge as Amended, Complaint, Notice of Hearing, and
a copy of the Rules and Regulations of the N. L. R. B., Series 1,
as amended April 27, 193`6, were duly served upon'the Respond-
ent and upon the Union on the 28th day of May, 1938, in accord-
ance with said Rules , and Regulations, which hearing was to
begin at 9: 30 A. M. on June 16, 1938, in the Civil Service Room,
U. S. Post Office Building, New Bedford, Massachusetts.
It is hereby stipulated and agreed by and between the Re-
spondent, the Union and Bernard J. Donoghue, attorney for the
N. L. R. B. as follows :
1. The Respondent is and has been since January 30, 1920, a
corporation organized under and existing by virtue of the laws
of the State of New York, and registered or licensed to do busi-
ness in The Commonwealth of Massachusetts on March 120920,
having its principal office and place of business in the Town of
DECISIONS' AND ORDERS 109-
Fairhaven, County of Bristol, Commonwealth of Massachusetts,
and is now and has continuously been engaged in the operation
of a plant in the Town of Fairhaven, County of Bristol, Com-
monwealth of Massachusetts, in the manufacture and sale of a
general line of tacks, small nails, rivets, burrs, eyelets, metal
buttons, bottle caps and other products.
2. The Respondent in the course and conduct of its business
and in the operation of its Fairhaven Plant causes and has con-
tinuously caused large quantities of wire, sheet metal, copper,
steel, wood, paper, felt, leather, coal, lard oil, cutting oil, brass,
aluminum, paints, varnishes, shellac, enamel, and other materials
and products used by it in the manufacture of its finished prod-
ucts to be purchased and transported in interstate and foreign
commerce from and through states of the United States other
than The Commonwealth of Massachusetts, including particu-
larly: New York, Illinois, Ohio, West Virginia, Connecticut,
Rhode Island and New Jersey, to the Fairhaven Plant in The
Commonwealth of Massachusetts, and causes and has continu-
"ously caused large quantities of its finished products, including
shoe eyelets; fuse plug rivets, clothing buttons, crowns or bottle
'caps, nails, rivets, burrs, shoe hooks, staples, tacks, tufting but-
tons, furniture nails, paper and wood boxes, and miscellaneous
items manufactured and produced by, Respondent to be sold,
transported and distributed in interstate and foreign commerce
from the Fairhaven Plant in The Commonwealth of Massachu-
setts, to, into and through states of the United States other than
The Commonwealth of Massachusetts, including particularly
New York, Mississippi, Pennsylvania, Illinois and Ohio, and to,
into and through foreign countries, including Cuba, Argentina,
Brazil, South Africa and England.
3. The-Respondent maintains branch factories in Waterbury,
Connecticut, and Cleveland, Ohio, and branch-offices in Chicago,
Illinois, Cleveland, Ohio, New York City, Waterbury, Connecti-
cut, and Detroit, Michigan, and has representatives in many
other of the principal cities of the United States. The Respond-
ent has an export office located at New York City. During the
calendar year ending December 31, 1937, the net sales of the
Respondent amounted to $2,005,093.48 and the cost of goods sold
for the same period was $1,466,270.48. During this period ap-
proximately 95 per cent of the raw materials used at the Fair-
haven Plant of the Respondent were received or imported from
states other than Massachusetts or from foreign countries and
approximately 87 per cent of the products of the Fairhaven
Plant of the Respondent were exported or sent out of Massa-
110 NATIONAL LABOR RELATIONS, BOARD
chusetts to other states or foreign countries. The Respondent
admits that it is engaged in interstate commerce and agrees not
to contest the jurisdiction of the N. L. R. B. in this proceeding.
4. The Union is a labor organization as defined in Section 2,
subsection (5) of the Act.
5. The respondent and its officers, agents, successors and as-
signs shall:
(a) Not discourage membership in the Fabricated Metal
Workers' Local Industrial Union No. 71, affiliated with the
C. I. O. or any other labor organization of its employees by
discrimination in regard to hire or tenure of employment.
(b) Not in any manner interfere with, restrain or coerce its
employees in the exercise of their rights to self organization, to
form, to join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage
in concerted activities for the purpose of collective bargaining
or other mutual aid or protection, as guaranteed in Section 7
of the Act.
(c) At no time recognize the Employees Metal Workers Asso-
ciation of the.Atlas Tack Corporation or the Atlas Employee's
Association as labor organizations as said term is defined in the
Act. (It is understood, however, the Respondent may recognize
the Atlas Employee's Association as a purely social
organization.)
(d) Offer to re-employ immediately the following employees
without loss of seniority :
William Durfee
Lionel Beaupre
Albert DeForge
Arnold Sylvia
Manuel DeTerra
Alfred Foisy
Sarah LeBaron
George Rebello
Mary Gloria
Maisie Ellis
Alexander LeBoeuf
Rose Westgate
A. J. Pacheco
Henry Roderick
Joseph Amaral
Thomas St.Germain
Albert Pflug
Maurice Langevin
It is understood that, in so, far as business conditions warrant
either at the present time or in the future, such persons shall
be reinstated to their former positions, but where business con-
ditions do not warrant, such persons shall be employed in any
of the departments of the Respondent's operations at the Fair-
haven Plant where work is available without prejudice to their
seniority or other rights and privileges until such time as they
can be reinstated to their former positions. All such persons
DECISIONS AND ORDERS 111
shall be paid at the rate prevailing for the work which they are
employed to perform.
(e) Pay immediately either directly or through the Regional
Director of the N. L. R. B. at Boston to the following persons
as back pay the sums of money indicated opposite their
respective names :
Louis Manganelli_____ $60.00 Rose Westgate-------- $60.00
William Mitchell----- 170.00 A. J. Pacheco --------- 75.00
William Smith_______ 60.00 Henry Roderick------- 75 00
William Durfee______ 75.00 Joseph Amaral________ 75.00
Lionel Beaupre_______ 75.00 Thomas St Germain___ 75.00
Albert DeForge______ 75.00 Albert Pflug ---------- 75.00
Arnold Sylvia________ 75.00 Maurice Langevin ----- 75 00
Manuel DeTerra_____ 75.00 Norman Morse -------- 75.00
Alfred Foisy_________ 75.00 Ada Pittsley__________ 60.00
Sarah LeBaron______ 60.00 Arthur Rishton_______ 75L 00
George Rebello_______ 75.00 Ernest Camara_______ 75.00
Mary Gloria_________ 60.00 Eliseo Albertini______- 75.00
Maisie Ellis__________ 60.00 Ella Denham_________ 60.00
Alexander LeBoeuf___ 75.00
(f) Offer to re-employ when work is available, on a preferen-
tial basis, the following :
Norman Morse Ernest Camara
Ada Pittsley Eliseo Albertini
Arthur Rishton Ella Denham
It is understood that the Respondent shall, when and if such
work becomes available, give preference to said persons in call-
ing back employees to their former positions or to other posi-
tions which in the judgment of the Respondent any of said per-
sons (not already reemployed by the Respondent) are capable
of performing until such time as they can be reinstated to their
former positions, said persons, when so employed, to be paid at
the prevailing rate for the work which they are employed to
perform.
(g) Recognize the Union as the sole bargaining agent and ex-
clusive representative of all employees of the Respondent at the
Fairhaven Plant, except executives, office workers, supervisory
employees and tack makers (hereinafter called the Unit) for
the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act, and reduce to writing and sign any and
all understandings reached by and between the Respondent and
the Union in negotiations in regard to wages, hours, working
conditions and other conditions of employment.
(h) Immediately post notices, signed for and in behalf of
the Respondent by its duly authorized officer or agent, in con-
112 NATIONAL LABOR RELATIONS BOARD
spicuous places throughout Respondent's plant, and maintain
such notices for a period of 30 consecutive days, incorporating
paragraph' 5 (a), (b) and (c) hereof, and shall notify the Re-
gional Director, N. L. R. B., at.Boston, Massachusetts, in writ-
ing within 40 days.from this date of its compliance with this
Stipulation and Agreement.
6. Respondent and the Union waive all rights to a hearing as
set forth in Sections 10 (b) and (c) of the Act.
.7. This Stipulation, along with the Charge as Amended,
Complaint, Notice of Hearing, Rules and Regulations of the
N. L. R. B. may be introduced as evidence by filing them with
the Chief Trial Examiner of the N. L. R. B. in Washington, D. C.
8. Upon this Stipulation, if approved by the N. L. R. B., an
order may forthwith be entered by said N. L. R. B. and by the
appropriate Circuit Court of Appeals waiving further notice
of the application therefor, and waiving all rights under Section
10 (f) of the Act, incorporating the terms of Paragraph 5, sub-
paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) hereof.
On June 27, 1938, the Board issued its order approving the said
stipulation and transferring the case to the Board for the purpose of
entry of a decision and order by the Board pursuant to the said
stipulation. -
On June 28, 1938, pursuant to the terms of the stipulation, copies
of the stipulation, the charge, as amended, the complaint, notice of
hearing, National Labor Relations Board Rules and Regulations-
Series 1, as amended, were made part of the record in the case by
being filed with the Chief Trial Examiner of the Board at Washing-
ton, D. C.
As the stipulation made no provision for the disposition of the
cases, of Earl Robinson, Frank DeSouza, Joseph Hickman, George
Barrett, Winifred Andrews, Bernard Schatz, John Haywood, and
Laura Correia, the complaint, in' so far as it relates to them, will be
dismissed.
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 New York - corporation, having its principal
office and place of business in Fairhaven, Massachusetts. It is en-
gaged in the manufacture and sale of a general line of tacks, small
nails, rivets, burrs, eyelets, metal buttons, and bottle caps. The re-
spondent maintains branch factories in Waterbury, Connecticut, and
Cleveland, Ohio.
DECISIONS AND ORDERS 113;
The principal raw materials used by the respondent in its opera-
tions at the Fairhaven Plant are wire, sheet metal, copper, steel,
wood, paper felt, leather, coal, lard oil, cutting oil, brass, aluminum,.
paints, varnishes, shellac, and enamel. During the year 1937, about
95 per cent of these materials were shipped to the respondent's plant
from points outside the State of Massachusetts. During the same-
year the respondent's net sales amounted to $2,005,093.48 and the'
cost of the goods sold was $1,466,270.48. During the same year about
87 per cent of the finished products of the Fairhaven Plant were-
shipped to States other than the State of Massachusetts and to-
foreign countries.
We find that the operations of the respondent at its Fairhaven,.
Massachusetts Plant constitute a continuous flow of trade, traffic, and,
commerce among the several States and with foreign countries.
II. THE UNION
Fabricated Metal Workers' Local Industrial Union No. 71, affili-
ated with the Committee for Industrial Organization, is a labor-
organization admitting to membership employees of the respondent
at its Fairhaven, Massachusetts, Plant.
III. THE APPROPRIATE UNIT
We find that all employees of the respondent at the Fairhaven
Plant, except executives, supervisory employees, and tack makers,,
constitute a unit appropriate for the purposes of collective bargain-
ing, and that such unit insures to the employees the full benefit of
their right to self-organization and collective bargaining and other-
wise effectuates the policies of the Act. _
IV. REPRESENTATION OF THE MAJORITY WITHIN THE APPROPRIATE UNIT
We find that on June 17, 1937, a majority of the employees in the
appropriate unit designated the Union as their representative for the
purposes of collective bargaining with the respondent; and that on
that date and at all times thereafter, the Union was the representative
for the purposes of collective bargaining of a majority of the re-
spondent's employees in the appropriate unit. By virtue of Section
9 (a) of the Act, therefore, the Union was the exclusive representative
of all the respondent's employees in the said unit for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
114 NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact and stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National . Labor Relations Board
hereby orders that Atlas Tack Corporation, Fairhaven, Massachusetts,
and its officers, agents, successors, and assigns shall :
(a) Not discourage membership in the Fabricated Metal Workers'
Local Industrial Union No. 71, affiliated with the C. I. 0., or any
other labor organization of its employees by discrimination in regard
to hire or tenure of employment; -
(b) Not in any manner interfere with, restrain, or coerce its em-
ployees in the exercise of their rights to self-organization, to form, to
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted ac-
tivities for the purpose of collective bargaining or other mutual aid
or protection, as guaranteed in Section 7 of the Act;
(c) At no time recognize the Employee's Metal Workers Associa-
tion of the Atlas Tack Corporation or the Atlas Employee's Asso-
ciation as labor organizations as said term is defined in the Act;
(d) Offer to reemploy immediately the following employees with-
out loss of seniority :
William Durfee Maisie Ellis
Lionel Beaupre Alexander LeBoeuf
Albert DeForge Rose Westgate
Arnold Sylvia A. J. Pacheco
Manuel DeTerra Henry Roderick
Alfred Foisy Joseph Amaral
Sarah LeBaron Thomas St.Germain
George Rebello Albert Pflug
Mary Gloria Maurice Langevin
In so far as business conditions warrant either at the present time or
in the future, such persons shall be reinstated to their former posi-
tions, but where business conditions do not warrant, such persons shall
be employed in any of the departments of the respondent's operations
at the, Fairhaven plant where work is available without prejudice to
their seniority or other rights and privileges until such time as they
can be reinstated to their former positions. All such persons shall
be paid at the rate prevailing for the work which they are employed
to perform;
DECISIONS AND ORDERS 115
(e) Pay immediately either directly or through the Regional Di-
rector of the Board at Boston, Massachusetts, to the following per-
sons as back pay the sums of money indicated opposite their respec-
tive names :
Louis Manganelli_________ $60.00 Rose Westgate -------- $60. 00
William Mitchell ---------- 170. 00 A. J Pacheco --------- 75.00
William Smith ------------ 60.00 Henry Roderick ------- 75 00
William Durfee----------- 75 00 Joseph Amaral________ 75.00
Lionel Beaupre___________ 75. 00 Thomas St Germain___ 75. 00
Albert DeForge----------- 75.00 Albert Pflug ---------- 75.00
Arnold Sylvia ------------- 75.00 Maurice Langevin_____ 75. 00
Manuel DeTerra---------- 75.00 Norman Morse -------- 75 00
Alfred Foisy-------------- 75.00 Ada Pittsley ----------- 60 00
Sarah LeBaron ----------- 60. 00 Arthur Rishton_______ 7a 00
George Rebello------------ 75.00 Ernest Camara_______ 75.00
Mary Gloria______________ 00 00 Elisco Albertini_______ 75 00
Maisie Ellis______________ 60.00 Ella Denham --------- 60.00
Alexander LeBoeuf_______ 75.00
(f) Offer to reemploy when work is available, on a preferential
basis , the following :
Norman Morse Ernest Camara
Ada Pittsley Elisco Albertini
Arthur Rishton Ella Denham
The respondent shall, when and if such work becomes available, give
preference to said persons in calling back employees to their former
positions or to other positions which in the judgment of the respond-
ent any of said persons (not already reemployed by the respondent)
are capable of performing until such time as they can be reinstated to
their 'former 'positions, said persons, when so employed, to be paid
at the prevailing rate for the work which they are employed to
perform ;
(g) Upon request recognize the Union as the sole bargaining agent
and exclusive representative of all employees of the respondent at
the Fairhaven plant, except executives, office workers, supervisory
employees and tack makers for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act, and reduce to writ-
ing and sign any and all understandings reached by and between the
respondent and the Union in negotiations in regard to wages, hours,
working conditions, and other conditions of employment;
(h) Immediately post notices, signed for and in behalf of the
respondent, by its duly authorized officer or agent, in conspicuous
places throughout respondent's plant, and maintain such notices for a
period of thirty (30) consecutive days, incorporating paragraph 5
(a), (b), and (c) hereof, and notify the Regional Director for the
First Region (Boston, Massachusetts), in writing within ten (10)
days from this date of its compliance with this order.
134068-39-vol Ix--9
116 NATIONAL LABOR RELATIONS BOARD
And it is further ordered that the complaint, in so far as it per-
tains to the cases of Earl Robinson, Frank DeSouza, Joseph Hick-
man, George Barrett, Winifred Andrews, Bernard Schatz, John
Haywood, and Laura Correia, be, and it hereby is, dismissed.
MR. DONALD WAKEFIELD SMrrx took no part in the consideration
of the above Decision and Order.