Boyt Harness Co.

National Labor Relations Board - Board Decisions

Mar 5, 1942

39 N.L.R.B. 438 (N.L.R.B. 1942)

In the Matter of JOSEPH W. BoYT, HELEN F. BoYT, ARTHUR J. BOYT,
MARJORIE P. BOYT, PAUL A. BOYT, DOROTHY J. BOYT, BARBARA D.
BOYT, ELIZABETH M. BOYT, BERNARD B. QUINER, JOSEPH E. GREEN,
PETER J. KURTZ, DOING BUSINESS AS BoXT HARNESS COMPANY, A GEN-
ERAL PARTNERSHIP, AND JOSEPH W. BOYT, HELEN F. BOYT,'ARTHUR J.
BOYT, MARJORIE P. BOYT, PAUL A. BOYT, DOROTHY J. BoYT, BARBARA
D. BOYT, ELIZABETH M. BOYT, BERNARD B. QUINER, JOSEPH E. GREEN,
PETER J. KURTZ, DOING BUSINESS AS A GENERAL PARTNERSHIP, TOGETHER
WITH G. G. HERRICK, DOING BUSINESS AS BOYT HARNESS COMPANY, A
LIMITED PARTNERSHIP and CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. C-2118.-Decided March 5, 194.2
Jurisdiction : harnesses, belts; and kindred articles manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Clyde F. Waers, for the Board.
Mr. Joseph W. Boyt, of Des Moines, Iowa, for the respondents.
Mr. Ben Henry, of Des Moines, Iowii,,for the C. I. O.
Mr. George Hansen, Mr. Art Sheldon, Mr. Fred Dengle, Mr. G. M.
Knox, Mr. Joe Collins, Miss Jean Beyer, Miss Helen Phoenix, Miss
Pearl Carter, Mrs. Rose J. Cole, Miss Beatrice Crawford, of Des
Moines, Iowa, for the Association.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the Congress of
Industrial Organizations, herein called the C. I. 0., the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Eighteenth Region (Minneapolis, Minnesota) issued
its complaint, dated February 18, 1942, against Joseph W. Boyt,
Helen'F. Boyt, Arthur J. Boyt,,Marjorie P. Boyt, Paul, A. Boyt,
Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B.
39 N. L. R. B., No. 79.
438
BOYT HARNESS COMPANY 1 439
Quiner,, Joseph E: Green, Peter J. Kurtz, doing business as Boyt
Harness Company , a general partnership , and Joseph W. Boyt, Helen
F. Boyt, Arthur J. Boyt; Marjorie P. Bdyt, Paul A. Boyt, Dorothy J.
Boyt , Barbara D. Boyt, Elizabeth M. Boyt, Bernard B. Quiner, Joseph
E. Green, Peter J. Kurtz, doing business as a general partnership, to-
gether with G. G. Herrick , doing business as Boyt Harness Company,
a limited partnership ; Des Moines , Iowa, herein referred to as the
respondents , alleging that the respondents had engaged in and were
engaging in unfair ' labor practices affecting commerce within the
meaning of Section 8 ( 1) and (2) 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 respondents ( 1) instigated , suggested , and in-
augurated the formation of Boyt Employees Association , herein called
the Association ; dominated and interfered with the administration
of,the Association ; permitted the conduct of elections of the Associa-
tion on, the respondents ' premises during working hours and the use
of the respondent's property for Association meetings; suggested, ad-
vised , urged, and warned employees to join the Association; contrib-
uted financial' and other support to said organization and otherwise
actively fostered , promoted , and encouraged its growth ; (2) threatened
employees with discharge and physical eviction from the premises
unless said employees discontinued support of the C . I. 0.; attended
a -meeting of members of the C. I. O. on January 18, 1942 , to determine
which of their employees favored the C. I. O. and to coerce and intimi=
date such employees; and (3) by the foregoing acts interfered with,
'res'trained , and coerced the employees in the exercise of the rights guar-
anteed in Section 7 of the Act.
On February 18, 1942, the respondents, the C. I. 0., the Associa-
tion and representatives of the Board entered into a Stipulation which
provided as follows :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and
among Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie
P. Boyt, Paul A . Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza-
beth M . Boyt, Bernard B. Quint, Joseph E. Green and Peter J.
Kurtz, doing business as Boyt Harness Company,' a General Part-
nership , ( hereinafter referred to as the General Partnership) ;
Joseph W. Boyt, Helen F. -Boyyt, Arthur J. Boyt, Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza-
beth M. Boyt, Bernard B. Quiner, Joseph E. Green and Peter J.
Kurtz, doing business 'as Boyt Harness Company, a General Part-
nership , together with G. G. Herrick doing business as Boyt Har-
440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ness Company, a Limited Partnership, (hereinafter referred to
as the Limited Partnership) ; Congress of Industrial Organiza-
tions, ( hereinafter called the C. I. 0.), by its Regional Director,
Ben Henry ; Boyt Employees Association , ( hereinafter referred
to as the Association ), by members and officers of the Association
Men's Committee and Women's Committee ; Clyde F. Waers, Field
Examiner , and Robert R. Rissman , Regional Director for the
Eighteenth Region, National Labor Relations Board, (hereinafter
called the Board ) that:
1.
Upon charges and amended charges duly filed by the C. I. 0.,
the Board , by the Regional Director for the Eighteenth Region,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act, 49 Stat. 449, (hereinafter called the
Act), and pursuant to Article.IV, Section 1 of the National Labor
Relations Board Rules and Regulations-Series '2, as amended,
duly issued its Complaint on February 18, 1942 , alleging that the
General Partnership and the Limited Partnership had engaged
and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8 , subsections ( 1) and ( 2), and
Section 2 , subsections ( 6) and ( 7), of the Act.
H.
All parties hereto waive their rights to Notice of Hearing, to
the filing of an Answer to the Complaint, to a hearing, and to
the making of Findings of Fact and Conclusions of Law by the
Board herein , or to any other or further procedure before said
Board.
Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza-
beth M. Boyt, Bernard' B. Quiner, Joseph E. Green and Peter J.
Kurtz, doing business as Boyt Harness Company , a General Part-
nership, is and has been at all times since August 30 , 1941, on
which date a predecessor corporation was dissolved , a General
Partnership organized under and existing by virtue of the laws
of the State of Iowa. The principal office and place . of busi-
ness of said General Partnership is at 212 Court Avenue, Des
Moines, Iowa.
Joseph W. Boyt, Helen F. Boyt , Arthur J. Boyt, Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza-
beth M. Boyt, Bernard B. Quiner, Joseph E. Green and Peter J.
BOYT HARNESS COMPANY 441
Kurtz, doing business as Boyt Harness Company, a General
Partnership, together with G. G. Herrick doing business as
Boyt Harness Company, a Limited Partnership, is, and has been
at all times since August 30, 1941, at which date a predecessor
limited partnership was dissolved, a Limited Partnership organ-
ized under and existing by virtue of the laws of the State of
Iowa.
The Limited Partnership and the General Partnership use as
their principal offices and places of business the same quarters
at 212 Court Avenue, Des Moines, Iowa.
The General Partnership is engaged at its place of business
in Des Moines, Iowa, in manufacturing, selling and distributing
harness for horses and horse collars. At said place of business
in Des Moines, Iowa, the General Partnership uses raw materials
which include leather„ canvas and hardware and kindred mate-
rials. The total raw materials purchased by the General Part-
nership and its predecessor corporation and used in the place
of business at Des Moines, Iowa, during the fiscal year 1941,
amounted in value approximately to- One Hundred and Fifty,
Thousand and no/100 ($150,000) Dollars. Over eighty (80/0)
per cent of these materials were shipped to the General Part-
nership and its predecessor corporation from sources outside
the State of Iowa.
The products manufactured in the General Partnership's place
of business at Des Moines, Iowa, include harness for horses and
horse collars. During the fiscal year 1941, the General Partner-
ship and its predecessor corporation manufactured at the place
of business in Des Moines, Iowa, and sold products amounting in
value approximately to Three Hundred Thousand ($300.000.00)
Dollars. Of this total approximate amount of sales, products
amounting in value approximately to fifty (50%) per cent of
Three Hundred Thousand ($300,000.00) Dollars were sold and
shipped to purchasers outside the State of Iowa.
The business of the General Partnership affects commerce
within the meaning of the National Labor Relations Act, as
construed by the National Labor Relations Board and the Courts
of the United States, and ,is subject to the jurisdiction of the
National Labor Relations Board.
The Limited Partnership is engaged at its place of business
in Des Moines, Iowa, in manufacturing under contract such
articles for the National Defense program as haversacks, cart-
ridge belts, dispatch cases, machinegun belts, gun slings, and
'442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
kindred articles. At said place of business in Des Moines, Ioway
the Limited Partnership uses raw materials which include
leather, canvas, webbing, hardware and kindred materials. The
total raw materials purchased by the Limited Partnership and
its predecessor limited partnership and used in the place of
business at Des Moines, Iowa, during the fiscal year 1941,
amounted in value approximately to One Million ($1,000,000.00)
Dollars. Over ninety (900/0) per cent of these materials were
shipped to the Limited Partnership and its predecessor limited
partnership from sources outside the State of Iowa.
The products manufactured in the Limited Partnership's
place of business at Des Moines, Iowa, include haversacks, cart-
ridge belts, dispatch cases, machinegun belts, gun slings and
kindred articles. During the fiscal year of 1941, the Limited
Partnership and its predecessor limited partnership manufac-
tured in the place of business at Des Moines, Iowa, and sold
products amounting in value approximately to One and One-
Half Million ($1,500,000.00) Dollars. Of this total approximate
amount of sales, all were sold and shipped to purchasers outside
the State of Iowa.
The business of the Limited Partnership affects commerce
within the meaning of the National Labor Relations Act, as
construed by the National Labor Relations Board and the Courts
of the United States, and is subject to the jurisdiction of the
National Labor Relations Board.
IV.
(a) The Boyt Employees Association, unaffiliated, is a labor
organization within the meaning of Section 2 (5) of the National
Labor Relations Act. It admits to membership employees of
the General Partnership and the Limited Partnership.
(b) The Congress of Industrial Organizations is a labor
organization within the meaning of Section 2 (5) of the Na-
tional Labor Relations Act. It admits to membership employees
of the General Partnership and the Limited Partnership.
V.
This Stipulation, together with the Amended Charge and
Complaint, shall constitute the entire record in this case, and
may be filed with the Chief Trial Examiner of the Board at
Washington, D. •C.
BOYT HARNESS COMPANY
VI.
443
Upon this Stipulation and upon the record herein, an Order
may forthwith be entered by the National Labor Relations
Board as follows :
The General Partnership and the Limited Partnership, their
officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the ad-
ministration of the Boyt Employees Association, or with the for-
mation or administration of any other labor organizations of their
employees, and from contributing financial or other support to
Boyt Employees Association or to any other labor organization of
their employees;
(b) Recognizing Boyt Employees Association as a representa-
tive of any of their employees for the purposes of dealing with
the General Partnership and the Limited Partnership concerning
grievances,' labor disputes, wages, rates of pay, hours of employ-
ment; or any other conditions of employment;
(c) Giving effect to any agreement or understanding with
Boyt Employees Association or to any modification, extension, or
renewal thereof, or any other agreement regarding terms and con-
ditions of employment at any time made with the said Association
or any of its committees;
(d) In any other manner interfering with, restraining, or
coercing their employees in the exercise of the rights to self-
organization, to form, join, or assist labor organizations, to bar-
gain 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.
2. Take the following affirmative action, which will effectuate
the policies of the Act :
(a) Withdraw all recognition from Boyt Employees Associa-
tion as the representative of any of their employees for the pur-
poses of dealing with the General Partnership and the Limited
Partnership concerning grievances, labor disputes, rates of pay,
wages, hours of employment, or other conditions of employment,
and completely disestablish Boyt Employees Association as such
representative.
(b) Post immediately in conspicuous places throughout the
Des Moines, Iowa, plant, and maintain for a period of at least
sixty (60) consecutive' days, notices to its employees stating :
'(1) That the General Partnership and the Limited Partner-
ship will not engage in the conduct from which it is ordered to
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cease and desist in Paragraphs 1 (a), (b), (c), and (d) hereof;
and
(2) That the General Partnership and the Limited Partner-
ship will take the affirmative action set forth in Paragraph 2 (a)
hereof. -
(c) Notify the Regional Director for the Eighteenth Region,
in writing, within ten (10) days from the date of this Order, what
steps the General Partnership and the Limited Partnership have
taken to comply herewith.
VII.
The General Partnership and the Limited Partnership hereby
expressly consent and agree that upon application of the National
Labor Relations Board, the United States Circuit Court of
Appeals for the Eighth Circuit may enter its Decree enforcing
the Order of the National Labor Relations Board in the form and
terms hereinabove set forth, and hereby expressly waive further
notice of the application for such Decree. A copy of said Decree
shall be served upon the General Partnership and the Limited
Partnership after it has been entered.
VIII.
By entering into this Stipulation, the General Partnership and
the Limited Partnership do not hereby admit any of the allega-
tions in the Complaint, and this Stipulation does not constitute
and is not to be construed as an admission by the General Partner-
ship and the Limited Partnership of the commission of any unfair
labor practices.'
IX.
It is understood and agreed that this Stipulation comprises the
entire agreement between the parties, and there is no verbal agree-
ment of any kind which varies, alters, or adds to this Stipulation.
X.
This Stipulation is subject to the approval of the National
Labor Relations Board, and shall become effective immediately
upon notice to the parties of the granting of such approval.
Should the Board fail to approve this Stipulation within twenty-
one (21) days from the date hereof, this Stipulation shall be null
and void"and of no effect.
On February 26, 1942, the Board issued its Order approving the
above Stipulation and making it a part of the record in the case.
BOYT HARNESS COMPANY 445
Upon the above Stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
The respondents Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt,
Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt,
Elizabeth M. Boyt, Bernard B . Quiner, Joseph E. Green, Peter J.
Kurtz, doing business as Boyt Harness Company , are and since
August 30, 1941, have been a general partnership organized under
and existing by virtue of the laws of the State of Iowa ; the respond-
ents Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M.
Boyt, Bernard B. Quiner, Joseph E. Green, Peter J. Kurtz, doing
business as a general partnership , together with G. G. Herrick, doing
business as Boyt Harness Company, are and since August 30, 1941,
have been a limited partnership organized under and existing by
virtue of the laws of the State of Iowa. The respondents have their
office and principal place of business at 212 Court Avenue, Des
Moines, Iowa, where the general partnership is engaged in the manu-
facture, sale, and distribution of horse , harnesses and collars and
where the limited partnership is engaged in the manufacture under
defense contracts of haversacks , cartridge belts, dispatch cases,
machine-gun belts, gun slings , and kindred articles . During the
fiscal year of 1941 the general partnership and its predecessor pur-
chased raw materials for the manufacture of finished products valued
at approximately $150,000, over 80 percent of which were shipped to
it and its predecessor from sources outside the State; during this
period the general partnership and its predecessor manufactured and
sold products valued at approximately $300,000, 50 percent of which
were sold and shipped outside the State. During the fiscal year of
1941 the limited partnership and its predecessor purchased raw
materials for the manufacture of finished products valued at approxi-
mately $1 ,000,000, over 90 percent of which were shipped to it and
its predecessor from sources outside the State ; during this period
the limited partnership and its predecessor manufactured and sold
products valued at approximately $1,500,000, all of which were sold
and shipped outside the State.
The respondents admit that they are engaged in commerce within
the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade , traffic, and commerce among the several States.
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact, the 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 respondents, Joseph WT. Boyt, Helen F.
Boyt, Arthur J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J.
Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard B: Quiner,
Joseph E. Green, Peter J. Kurtz, doing business as Boyt Harness
Company, a general partnership, and' Joseph W. Boyt, Helen F.
Boyt, Arthur' J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J.
Boyt, Barbara D. Boyt, Elizabeth M. Boyt,' Bernard B. Quiner,
Joseph E. Green, Peter J. Kurtz, doing business as a' general partner-
ship, together with G. G. Herrick, doing business as Boyt Harness
Company, a limited partnership , Des Moines , Iowa, their officers,
agents, successors , and assigns , shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the adminis-
tration of the Boyt Employees Association, or with the formation or
administration of any other labor organizations of their employees,
and from contributing financial or other support to Boyt Employees.
Association or to any other labor organization of their employees;
(b) Recognizing Boyt Employees Association as a representative
of any of their employees for the purposes of dealing with the Gen-
eral Partnership and the Limited Partnership concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or, any
other conditions of employment;
(c) Giving effect to any agreement or understanding with Boyt
Employees Association or to any modification, extension, or renewal
thereof, or any other agreement regarding terms and conditions of
employment at any time made with the said Association or any of
its committees;
(d) In any other manner interfering with, restraining, or coercing
their employees in the exercise of the 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 purposes of collective bargaining or other
mutual aid or protection as guaranteed in Section 7 of the -National
Labor Relations Act.
2. Take the following affirmative action, which will effectuate the
policies of the Act :
(a) Withdraw all recognition from Boyt Employees Association
as the representative of any of their employees for the 'purposes of
dealing with the General Partnership and the Limited Partnership
concerning grievances, labor disputes, rates ofspay, wages, hours of
BOYT HARNESS COMPANY 447
employment, or other conditions of employment, and completely
disestablish Boyt Employees Association as such representative;
(b) Post immediately in conspicuous places throughout the Des
Moines, Iowa, plant, and maintain for a period of at least sixty (60)
consecutive days, notices to its employees stating :
(1) That the General Partnership and the Limited Partnership
will not engage in the conduct from which they are ordered to cease
and desist in Paragraphs 1 (a), (b), (c), and (d) hereof; and
(2) That the General Partnership and the Limited Partnership
will take the affirmative action set forth in Paragraph'2 (a) hereof;
(c) Notify the Regional Director for the Eighteenth Region, in
writing, within ten (10) days from the date of this Order, what steps
the General Partnership and the Limited Partnership have taken
to comply herewith.
448105-42-vol. 39-30