Dent Hardware Co.

National Labor Relations Board - Board Decisions

Aug 6, 1940

26 N.L.R.B. 139 (N.L.R.B. 1940)

In the Matter of DENT HARDWARE COMPANY and METAL POLISHERS,
BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION, LOCAL
'#71
Case No. C-1637.Decided August 6, 1940
Jurisdiction : ' hardware manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Order : entered on stipulation.
Mr. Geoffrey J. Cuniff, for the Board.
Mr. Julius M. Rapaport and Mr. Edwin K. Kline, of Allentown,
Pa., for the respondent.
Mr. Alfred J. Thurston, of New York City, for the Union.
Mr. George A. Rupp, of Allentown', Pa., for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Metal Polishers, Buffers, Platers and
Helpers International Union, Local #71, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fourth Region (Philadelphia, Pennsylvania),
issued its complaint dated June 18, 1940, against Dent Hardware Com-
pany, Fullerton, Pennsylvania, 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
notices of hearing attached thereto were duly served upon the re-
spondent, the Union, and upon Metal Polishers, Buffers, Colorers and
Helpers Shop Union of the Dent Hardware Company, herein called
the Independent, a labor organization alleged to have been dominated
by the respondent.
Concerning the unfair labor practices, the complaint alleged, in
substance: (1) that the respondent dominated and interfered with
26 N. L. R. B , No. 18.
139
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the formation and administration of the Association and gave it
financial and other support; (2) that the respondent, on or about
September 9, 1939, and at all times thereafter, refused and has refused
to bargain collectively with the Union as the exclusive representative
of the employees of the respondent in a unit appropriate for collective
bargaining, although the Union was on September 9, 1940, and at all
times thereafter has been the duly designated representative of the
majority of the employees in such unit; (3) that the respondent
terminated the employment of Charles Hartzell for the reason that
he had joined and assisted the Union; (4) that the respondent urged,
persuaded, and warned its employees to refrain from becoming or
remaining members of the Union, urged and persuaded members of the
Union to cease their membership in and activity in behalf of the Union,
disparaged and criticized the Union and its leaders, and bargained
individually with its employees after it had been notified by the
Union that it represented a majority of its employees; and (5) that by
these and other acts, the respondent interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in Section
7 of the Act. On July 1, 1940, the respondent filed an answer denying
the alleged unfair labor practices.
Pursuant to notice duly served upon all the parties, a hearing was
held on July 11 and 12, 1940, at Fullerton, Pennsylvania, before
Samuel H. Jaffee, the Trial Examiner duly designed by the Board.
The Board, the respondent, and the Independent were represented by
counsel, the Union by its representative, and all participated in the
hearing. At the commencement of the hearing, the Trial Examiner
granted a motion to intervene filed by the Independent.
On July 12, 1940, during the course of the hearing, the respondent,
the Union, the Independent, and counsel for the Board entered into a
stipulation. The stipulation provides as follows:
STIPULATION
It is hereby stipulated and agreed between the Dent Hardware
Company, hereinafter referred to as the Respondent, Metal
Polishers, Buffers, Platers and Helpers International Union
Local #71, hereinafter referred to as the Union, Metal Polishers,
Buffers, Colorers, Platers and Helpers Shop Union of the Dent
Hardware Company, hereinafter referred to as the Association,
Intervenor, and Geoffrey J. Cuniff, Attorney for the National
Labor Relations Board, that:-
I. On charges duly filed by the Metal Polishers, Buffers,
Platers, and Helpers International Union, Local #71, the Na-
tional Labor Relations Board by the Regional Director for the
Fourth Region acting in pursuance to authority granted in
Section 10 (b) of the National Labor Relations Act, 49 Statutes
DENT HARDWARE COMPANY 1 141
449, and its rules and regulations Series 2, as amended, Art. IV
Section 1, issued its complaint on the 18th day of June, 1940,
against the Dent Hardware Company, Respondent herein.
H. Respondent, the Dent Hardware Company, is and has been
since September 3, 1895, a corporation organized and existing by
virtue of the laws of the State of Pennsylvania, having its princi-
pal office and place of business in the Village of Fullerton, State
of Pennsylvania, and is now and has continuously been engaged
in its -plant in the Village of Fullerton, State of Pennsylvania,
hereinafter called the Fullerton plant, in the manufacture and
sale of hardware and refrigerator fittings and kindred products.
III. The Respondent, in the course and conduct of its business
at its Fullerton plant, uses, among other things, the following
raw materials: iron, coal, brass, bronze, oil, sand, nickel and
chemicals, and in the fiscal year of July 1, 1938, to June 30, 1939,
of the said raw materials during the said fiscal year set forth
above, the Respondent purchased approximately $45,000.00, and
of this amount approximately 55% was purchased and trans-
ported into the State of Pennsylvania from other States of the
United States. In the fiscal year set forth above, the Respond-
ent's sales totalled approximately $160,000.00. Of this amount
approximately 60% was represented by sales in States of the
United States other than the State of Pennsylvania, and 15% was
delivered to the United States Naval Department.
IV. It is further agreed and stipulated by and between the
parties hereto that the business of the Respondent for the fiscal
year July 1, 1939, to June 30, 1940, is approximately the same as
the business for the previous fiscal year, as set forth in the preced-
ing paragraph.
V. The Respondent is engaged in inter-state commerce within
the meaning of the National Labor Relations Act and 'the deci-
sions of the United States Supreme Court therein.
- VI. This stipulation, together with the charge, complaint,
notice of hearing and rules and regulations of the National Labor
Relations' Board, may be introduced in evidence.
VII. The taking of further testimony or the submission of
further evidence before a Trial Examiner, as well as the making of
findings of fact and conclusions by the Board pursuant to the
provisions- of, the National Labor Relations Act are hereby
expressly waived by the Respondent and the Association herein,
and the Board's order as herein provided shall have the same force
and effect as if made after a full hearing, presentation of evidence
and the making of findings thereon.
VIII. The Union is a labor organization within the meaning-of
Sectioii 2 Sub-Division 5 of the National Labor Relations Act.
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IX. The Association is a labor organization within the meaning
of Section 2, Sub-Division 5 of the National Labor Relations Act.
X. Upon this stipulation and the complaint an order may forth-
with be introduced by said Board providing as follows:-The
Respondent, its officers, agents, successors and assigns shall:
1. Cease and desist:
a. From 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
with 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 Na-
tional Labor Relations Act.
b. From discouraging membership in the Union or any other
labor organization of its employees by discriminating against
employees in regard to hire or tenure of employment, or any
condition of employment or in any other manner.
c. From in any manner dominating or interfering with the
administration of the Association or with the formation or admin-
istration of any other labor organization of its employees or from
contributing aid or support to said organization; or from recog-
nizing or dealing in any manner with the Association, or any
successor, thereto, or from forming or maintaining any groups or
designating any individuals to act as the representatives of the
employees for the purposes of collective bargaining regarding any
of the terms and conditions of employment.
2. Take the following affirmative action in order to effectuate
the purposes of the Act:-
a. Withdraw all recognition from the Association as the
representative of its employees, or any of them, for the purpose
of dealing with Respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other condi-
tions of employment; and dis-establish said Association as the
representative of its employees.
b. Inform all of its officers, agents, foremen or other super-
visory employees that they shall not threaten or otherwise inter-
fere with their employees in any manner because of their mem-
bership in any labor organization.
c. Offer re-instatement immediately, and if re-instatement is
accepted, immediately give re-instatement to Charles Hartzell
to his former position at the prevailing rates of pay of employees
doing a• similar kind of work at its Fullerton plant without loss of
seniority and without prejudice to rights or privileges previously
enjoyed by him.
DENT HARD WARE COMPANY 143
d. Make whole the said Charles Hartzell by the payment to
him of the sum of $550.00.
e. Post immediately in conspicuous places and maintain for a
period of at least sixty (60) days, notices stating:-
1. That Respondent will not engage in the conduct from
which it is ordered to cease and desist in Paragraph X 1 (a) (b)
(c),
2. That Respondent will take the affirmative action set forth in
Paragraph X 2 (a) (b) (c) (d) (e) of this order, and
3. That Respondent's employees are free to become or remain
members of the Metal Polishers, Buffers, Platers and Helpers
International Union, Local #71, or any other labor organization,
and Respondent will not discriminate against any employee
because of membership or activity in that organization, or any
other such organization.
f. Notify the regional director of the fourth region in writing
within ten (10) days from the date of the order of the National
Labor Relations Board what steps have been taken to comply
therewith.
XI. The complaint may be dismissed insofar as it alleges that
the Respondent failed to bargain collectively with the Union as
the representative of its employees in the polishing and plating de-
partment of its Fullerton plant on matters of wages, hours, work-
ing conditions and other conditions of employment.
XII. It is stipulated and agreed that the appropriate United
States Circuit Court of Appeals may upon application of the
National Labor Relations Board enter a decree enforcing the
aforesaid order of the Board, Respondent hereby expressly waiv-
ing its right to contest the entry of such decree in the appropriate
United States Circuit Court of Appeals, and further expressly
waiving its right to receive notice of the filing by the National
Labor Relations Board of an application for the entry of such a
decree.
XIII. This stipulation contains the entire agreement of the
parties and there is no verbal agreement of any kind which varies,
alters or modifies this stipulation.
XIV. This stipulation is subject to the approval of the National
Labor Relations Board.
On July 18, 1940, the Board issued an order approving the above
stipulation, making it a part of the record, and, pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the case to the Board for the
purpose of entry of a decision and order pursuant to the provisions
of the stipulation. On the basis of the above stipulation and the
entire record in the case, the Board makes the following:
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
Dent Hardware Company is a Pennsylvania corporation having
its principal office and place of business in the Village of Fullerton,
Pennsylvania, where it is engaged in the manufacture and sale of
hardware and refrigerator fittings. During the respondent's fiscal
year from July 1, 1938, to June 30; 1939, the respondent purchased
raw materials valued at approximately $45,000, 55 per cent of which
were shipped to it from points outside the State of Pennsylvania.
'During the same period, the respondent sold products valued at
approximately $160,000, 60 percent of which were shipped by it to
points outside the State of Pennsylvania. The respondent admits
that it is 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.
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 National
Labor Relations Act, the National Labor Relations Board hereby
orders that Dent Hardware Company, Fullerton, Pennsylvania, its
officers, agents, successors, and assigns shall:
1. Cease and desist:
(a) From 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 with represent-
atives of their own choosing and to engage in concerted activities for
the purpose of collective bargaining or other mutual aid and protection
as guaranteed in Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the Union or any other labor
organization of its employees by discriminating against employees in
regard to hire or tenure of employment, or any condition of employ-
ment, or in any other manner;
(c) From in any manner dominating or interfering with the adminis-
tration of the Association or with the formation or administration of
any other labor organization of its employees or from contributing aid
or support to said organization; or from recognizing or dealing in any
manner with the Association, or any successor thereto, or from forming
or maintaining any groups or designating any individuals to act as the
representatives of the employees for the purposes of collective bargain-
ing regarding any of the terms and conditions of employment.
2. Take the following affirmative action in order to effectuate the
purposes of the Act:
DENT HARDWARE COMPANY 145
(a) Withdraw all recognition from the Association as the represen-
tative of its employees, or any of them, for the purpose of dealing
with the respondent concerning grievances, labor disputes, wages, rates
of pay, hours of employment, or other conditions of employment; and
disestablish, said Association as the representative of its employees;
(b) Inform all of its officers, agents, foremen, or other supervisory
employees that they shall not threaten or otherwise interfere with
their employees in any manner because of their membership in any
labor organization;
(c) Offer reinstatement immediately, and if reinstatement is ac-
cepted, immediately give reinstatement to Charles Hartzell to his
former position at the prevailing rate of pay of employees doing a
similar kind of work at its Fullerton plant, without loss of seniority and
without prejudice to rights and privileges previously enjoyed by him;
(d) Make whole the said Charles Hartzell by the payment to him
of the sum of $550;
(e) Post immediately in conspicuous places and maintain for a
period of at least sixty (60) consecutive days notices stating: (1) that
the respondent will not engage in the conduct from which it is ordered
to cease and desist in paragraph 1 (a), (b), and (c); (2) that the
respondent will take the affirmative action set forth in paragraph
2 (a), (b), (c), (d), and (e) of this Order; and (3) that the respondent's
employees are free to become or remain members of the Metal Pol-
ishers, Buffers, Platers and Helpers International Union, Local #71,
or any other labor organization, and the respondent will not dis-
criminate against any employee because of membership or activity
in that organization, or any other such organization;
(f) Notify the Regional Director for the Fourth Region of the
National Labor Relations Board in writing within ten (10) days from
the date of this Order what steps the respondent has taken to comply
herewith.
IT IS FURTHER ORDERED that the complaint be, and it hereby is,
dismissed in so far as it alleges that the respondent has engaged in
unfair labor practices within the meaning of Section 8 (5) of the Act.
MR. WILLIAM M. LEISERSON took no -part in the consideration of
the above Decision and Order.