Burgess Battery Co.

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1237 (N.L.R.B. 1942)

In -the Matter of BURGESS BATTERY COMPANY AND BURGESS -PARR COM-
PANY and INTERNATIONAL ASSOCIATION OF MACHINISTS ,' LODGE No.
1096 , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-20092.-Decided February 16, 1942
Jurisdiction : battery manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr..I. S. Dorfman and Mr. Lester Asher, for the Board.
Sidley, McPherson, Austin, and Burgess, by Mr. Howard Neitzert,
of Chicago, Ill., for the respondents.
Mr. J. W. Ramsey, of Rockford, Ill., for the Union.
Mr. William B.,Basile, of Chicago, Ill., for the Association.
Mr. George A: Koplowi, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Association of Machinists, Lodge No. 1096, affiliated with the Ameri-
can Federation of Labor, herein called the Union, the National Labor
Relations Board , herein called the Board, by the Regional Director
for the Thirteenth Region (Chicago, Illinois), issued its complaint
dated ,January 9, 1942, against Burgess Battery Company and
Burgess-Parr Company, Freeport, Illinois, herein collectively called
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), (2), 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 were duly served upon
the respondents, the Union, and Burgess Employees Association,
herein called the Association, a labor organization alleged in the
complaint to be dominated by the respondents.
Concerning the unfair labor practices, the complaint alleges in
substance that the respondents (1) by their officers and agents initi-
38 N. L. R. B., No. 221.
1237 "
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ated, formed, and sponsored the Association and in various ways
assisted, dominated, contributed to the support of, and interfered with
the administration of the Association; (2) on or about November
5, 1941, and at all times thereafter, refused to bargain collectively with
the Union as the exclusive representative of their employees, said
Union having been duly designated by the majority of the employees
in an appropriate collective bargaining unit; and (3) warned and
discouraged their employees against affiliation with or activities on
behalf of the Union, interrogated employees concerning their union
affiliation, disparaged and expressed disapproval of the Union, and
urged, persuaded, and warned their employees to assist, become mem-
bers of, and remain members of the Association.
On or about January 21, 1942, the respondents filed separate an-
swers admitting certain allegations of the complaint with regard to
the nature and extent of their businesses but denying the allegations
of unfair labor practices. On or about January 22, 1942, the Associa-
tion filed a motion to intervene and an answer denying the allegations
of unfair labor practices insofar as they concerned said Association.
On January 26, 1942, the Regional Director issued and duly served
upon the parties an order continuing the hearing, and on J'anuary
27, 1942, an order advancing the hearing.
On February 3, 1942, prior to the scheduled hearing in the case, the
respondents, the Union, the Association, and counsel for the Board
entered into a stipulation and agreement in settlement of the case.
The stipulation and agreement provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between Burgess
Battery Company, hereinafter called the respondent Burgess Bat-
tery, and Burgess-Parr Company, hereinafter called the respond-
ent Burgess-Parr, and hereinafter collectively called the respond-
ents; International Association of Machinists, Lodge No. 1096,
affiliated with the American Federation of Labor, hereinafter
called the Machinists; Burgess Employees Association, herein-
after called the Association ; and I. S. Dorfman, regional attorney,
and Lester Asher, attorney, for the Thirteenth Region of the
National Labor Relations Board, that :
I
Upon charges and amended charges duly filed by the Machin-
ists, the National Labor Relations Board, hereinafter called the
Board, by the Regional Director for the Thirteenth Region, issued
its complaint, dated January 9, 1942, against 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), (2) and (5) and Section 2 (6) and (7) of the
BURGESS BATTERY COMPANY 1239
National Labor Relations Act, 49 Stat. 449, hereinafter called
the Act. The complaint, accompanied by notice of hearing, and
subsequent orders of continuance and advancement of the hearing
were duly served upon the respondents, the Machinists, and the
Association.
II
The respondents and the Association, without admitting and
expressly denying that the unfair labor practices alleged in the
complaint against the respondents have been committed, now join
in this Stipulation, and Agreement to the end that this matter may
be amicably settled.
III
The respondent Burgess Battery is a corporation organized and
existing under the laws of the State of Delaware. The respond-
ent Burgess Battery has its principal place of business at Free-
port, Illinois, hereinafter called the Freeport plant; a branch
plant in Niagara Falls, Ontario; warehouses in New Jersey and
in Chicago, Illinois; and a retail store in Chicago, Illinois. The
respondent Burgess Battery is engaged at the Freeport plant in
the manufacture and sale of dry batteries and in the sale of bat-
tery-using devices. Materials used in the manufacture of its
products at the Freeport plant include zinc, manganese ore, car-
bons, sal ammoniac, zinc chloride, Shawinigan Black, solder,
paper cartons, and printed paper. During the year 1941 the
respondent Burgess Battery used at its Freeport plant approxi-
mately $780,000 worth of such materials, in excess of 90 per cent
of which were shipped to the plant from points outside the State
of Illinois. During the same year the respondent Burgess Battery
sold about $2,500,000 worth of products manufactured at its Free-
port plant, approximately 85 per cent of which were shipped to
customers outside the State of Illinois.
The respondent Burgess-Parr is a corporation organized and
existing under the laws of the State of Delaware. The respond-
ent Burgess-Parr has its principal place of business located
within the confines of the Freeport plant. The respondent Bur-
gess-Parr is engaged at the Freeport plant in the manufacture
and sale of illium. Materials used in the manufacture of its prod-
ucts at the Freeport plant include nickel, chromium, copper and
molybdenum. During the year 1941 respondent Burgess-Parr
used at its Freeport plant approximately $11,000 worth of such
materials, about 99 per cent of which were shipped to the plant
from points outside the State of Illinois. During the same year
the respondent Burgess-Parr sold about $50,000 worth of prod-
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ucts manufactured at its Freeport plant, approximately 69 per
cent of , which were shipped to customers outside the State of
Illinois.
The respondents , and each of them , admit that their operations
occur in commerce within the meaning of Section 2 (6) and (7)
of the Act.
IV
The Machinists , affiliated with the American Federation of
Labor, and the Association , unaffiliated , are labor organizations
within the meaning of Section 2 (5) of the Act.
V
This Stipulation and -Agreement, together with the charges
and amended charges, complaint and notice of hearing , order of
continuance , order advancing hearing, affidavits of service, an-
swer of respondent Burgess Battery, answer of respondent Bur-
gess-Parr, and answer of the Association shall constitute the entire
record in this proceeding and may be filed with the Chief Trial
Examiner of the Board in Washington. '
VI
The parties hereto expressly waive the right to a hearing herein
and to the making of findings of fact and conclusions of law in
this proceeding by the Board.
VII
• -Upon the basis of the record herein and this Stipulation and
'Agreement, if approved by the Board, an Order may forthwith
be entered by the Board providing as follows :
The respondents Burgess ' Battery Company and Burgess-
Parr' Company, jointly and severally, and their respective
officers, agents ,' successors and assigns , shall:
1. Cease and desist from :
(a) Dominating or interfering with the formation or ad-
ministration of Burgess Employees Association , or with the for-
mation, or administration of any other labor organization of
their employees, and from contributing support to the Burgess
Employees Association or any other labor organization of their
employees ;
(b) Recognizing Burgess Employees Association as the repre-
sentative of any of their employees for the purpose of dealing
N
BURGESS BATTERY COMPANY 1241
with the respondents concerning grievances, labor disputes,
rates of pay, wages, hours of employment, or other conditions
of employment; '
(c) In any other manner interfering with, restraining, or
coercing their employees in the exercise of the right to self-
organization, to' form, join, or assist labor organizations, to
bargain collectively through representatives of their own choos-
ing, or to engage in concerted activities for the purposes of col-
lective bargaining or other-mutual'aid or protection, as guar-
anteed in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the
policies of the Act : ,
(a) Withdraw and withhold from Burgess Employees As-
sociation all recognition as the representative of any of its
employees for the purpose of dealing with the respondents con-
cerning grievances, labor disputes, rates of pay, wages, hours
of employment, or other conditions of employment, and com-
pletely disestablish Burgess Employees Association as such
representative; '
(b) Post immediately in conspicuous places throughout their
Freeport, Illinois, plant, and maintain for a period of sixty
(60) consecutive days, notices to their employees stating: (1)
that the respondents will not engage in the conduct from which
they are ordered to cease and desist in paragraphs 1 (a), (b),
and (c) of this Order; and (2) that the respondents will take
the affirmative action set forth in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Thirteenth Region,
in writing, within ten (10) days from the date of this Order
what steps the respondents have taken to comply herewith.
VIII
After the entry of the Order by the Board, as provided in this
Stipulation and Agreement, the United States Circuit Court of
Appeals for the Seventh Circuit may, upon application by the
Board, and without notice to the respondents, enter a Decree en-
forcing in full the said Order of the Board, and each of the par-
ties hereto hereby consents to the entry of such Decree and hereby
waives any and all requirements of notice of the filing of such
application by the Board.
IX
This Stipulation and Agreement is subject to and shall become
effective upon approval by the Board.
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
X
Upon approval of -this Stipulation and Agreement by the
Board, the Machinists will withdraw the charges that the respond-
ents have engaged in unfair labor practices within the meaning
of Section 8 (5) of the Act. Upon compliance by the respondents
,with the provisions of this Stipulation and, Agreement, the
Regional Director will withdraw the complaint herein in, so far
,,as it alleges that the respondents have engaged in unfair labor
practices within the meaning of Section 8 (5) of the Act.
XI
There is no oral understanding or agreement,which varies from
or adds to this Stipulation and Agreement. The respondent
Burgess Battery and the Machinists' have this day entered into
an Agreement for Consent Election, a copy of which is attached
hereto as Appendix A and expressly made a part hereof., The
respondent Burgess-Parr and the Machinists have this day en-
,tered,into an Agreement for Consent Election, a copy of which
is attached hereto as Appendix B and expressly made, a part
hereof.
On February 9, 1942, the Board issued an order approving the
above stipulation, making it apart, of the record,, and pursuant to
Article, II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the proceeding to
the Board for the purpose of entering a Decision and Order pursuant
to the provisions of the Stipulation and Agreement.'
On the basis of the, above stipulation and agreement and upon
the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF-THE RESPONDENTS
Burgess Battery Company, a Delaware corporation, has its prin-
cipal place 'of business at Freeport, Illinois, and a branch plant,
warehouses, and a retail store in various parts of the country. It is
engaged at ,the Freeport plant, the only phase of its operations in-
volved in this proceeding, in the manufacture and sale of dry batteries
and in the sale of battery-using devices. During 1941 it used approx-
imately $780,000 worth of raw materials, including zinc, manganese
ore, carbons, sal ammoniac, Shawinigan Black, solder, paper cartons,
i Appendix A and Appendix B, the Agreements for Consent Elections entered into by the
parties, are not set forth in this Decision and Order.
BURGESS BATTERY COMPANY 1243
and printed paper, of which materials more than 90 percent were
shipped from outside the-State of Illinois. During the same year it
sold approximately $2,500,000 worth of products, approximately 85
percent of which were shipped outside the State of Illinois.
Burgess-Parr Company, a Delaware corporation with its principal
place of business located within the confines of Burgess Battery Com-
pany's' Freeport plant, is engaged in the manufacture and sale of
illium'. During '1941 it used approximately' $11,000 worth of raw
materials, including nickel, chromium, copper, and molybdenum, about
99' percent of which were shipped from outside the State of Illinois.
During^the same'year'it sold about $55;000 worth'of products, approx-
imately 69 percent 'of which were shipped outside the State of Illinois.
The respondents, and each of them, admit that their operations
occur in comm'erce' within the meaning of'the Act. We find that the
above-described operations of the respondents, and each of them,
constitute a continuous flow of trade, traffic, and commerce among-the
several States.
ORDER
Upon the basis of the above findings of fact, 'the stipulation and
agreement, and the entire record in the case, - and pursuant to Sec-
tion 10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that Burgess Battery Company and
Burgess-Parr Company, Freeport, Illinois, jointly and severally, and
their respective officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering with the formation or administra-
tion of Burgess Employees Association, or with the formation or
administration of any other labor' organization of their employees,
and from contributing support to the Burgess Employees Associa-
tion or any other labor organization of their employees;
(b) Recognizing Burgess Employees Association as the repre-
sentative of any of their employees for the purpose of dealing with
the respondents concerning grievances, labor disputes, rates of pay,
wages, hours of employment, or other conditions of employment;
(c) In any other manner interfering with, restraining, or coercing
their employees in the exercise of the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, or 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 to effectuate the policies
of the Act :
1244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Withdraw and withhold from Burgess Employees Association
all recognition as the representative of any. of their employees for
the purpose of dealing with the respondents concerning grievances,
labor disputes, rates of pay, wages, hours of employment, or other
conditions of employment, and completely disestablish Burgess
Employees Association as such representative;
(b) Post immediately in conspicuous places throughout their
Freeport, Illinois, plant, and maintain for a period of sixty (60)
consecutive days, notices to their employees stating : (1) that the
respondents will not engage in the conduct from which they are
ordered to cease and desist in paragraphs 1 (a), (b), and (c) of-this
Order; and (2) that the respondents will take the affirmative action
set forth in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Thirteenth Region, in
writing, within ten (10) days from the date of this Order what
steps the respondents have taken to comply herewith. `'
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