Freed Heater and Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 20, 1938

8 N.L.R.B. 961 (N.L.R.B. 1938)

In the Matter of FREED HEATER AND MANUFACTURING COMPANY and
STEEL WORKERS ORGANIZING COMMITTEE
Case No. C-556.-Decided August 930, 1938
Heater anti Boiler Manufacturing Industry-Settlenvent. stipulation pro-
viding for withdrawal of recognition of company-dominated union-O, der.
entered on stipulation.
Mr. Samuel.G. Zack, for the Board.
Mr. Isaac Ash, of Philadelphia, Pa., for the respondent.
Mr. M. H. Goldstein, of Philadelphia, Pa., for the S. W. 0. C.
Mr. Langdon Vest, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed on behalf of Lodge
No. 1847 of Amalgamated Association of Iron, Steel and Tin Workers
of North America, herein called the Amalgamated, by Steel Workers
Organizing Committee, herein called the S. W. 0. C., the National
Labor Relations Board, herein called the Board, by John E. Johnson,
Acting Regional Director for the Fourth Region (Philadelphia,
Pennsylvania), issued its complaint dated April 19, 1938, against
Freed Heater and Manufacturing Company, Collegeville, Pennsyl-
vania, 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) and (2) 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 upon the respondent and the S. W. 0. C.
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 and administration of a labor organization among its
employees known as Independent Mutual Beneficial Association,
herein called the Association; and that the respondent, by the afore-
mentioned acts and by threats, interfered with, restrained, and co-
n N L Il R., No 117
961
962 NATIONAL LABOR RELATIONS BOARD
creed its employees in the exercise of the rights guaranteed in. Section
7 of the Act.
Thereafter counsel for the respondent, counsel for the S. W. O. C.,
and counsel for the Board entered into a stipulation in settlement of
the case in which, inter alia, the respondent waived its right to a
hearing on the complaint and agreed to the entry of a consent order
by the Board, upon its approval of the stipulation. On April 26,
1938, by agreement of the parties, the stipulation, the charge,
amended charges, complaint, and National Labor Relations Board
Rules and Regulations-Series 1, as -amended, were filed with the
Chief Trial Examiner of the Board at Washington, D. C., and
thereby became part of the record.
On April 27, 1938, pursuant to Article II, Section 37, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
the Board issued its order transferring the proceeding to the Board.
This order erroneously stated that a hearing had been held in the
case; on July 12, 1938, the Board issued an amendment to the order
correcting the error which had appeared therein. The Board hereby
approves the stipulation referred to.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a Pennsylvania corporation, is engaged in the
manufacture of heaters, boilers, and castings, with its office and
place of business in Collegeville,, Pennsylvania. The raw materials
used in the respondent's operations are pig and scrap iron, coke, coal,
hardware, and firebricks, of which about 80 per cent are shipped to
respondent's plant from points outside the State of Pennsylvania.
During the year 1937 the respondent manufactured finished products
valued at approximately $150,000, of which about 40 per cent were
shipped to points outside the State of Pennsylvania.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States. -
II. THE BASIS FOR THE SETTLEMENT
The above-mentioned stipulation provides as follows :
It is hereby stipulated by and between the Freed Heater and
Manufacturing Company, respondent herein, Steel Workers Or-
1 The complaint and the stipulation describe the location of the respondent 's plant as
being at Collegeville , Pennsylvania. The respondent ' s office is located at Collegeville, and
the foundry , at which the employees involved in this case work , is located at Oakes, Penn-
sylvania. which is contiguous to Collegeville
DECISIONS AND ORDERS 963
ganizing Committee, for Lodge No. 1847 of the Amalgamated
Association of Iron, Steel and Tin Workers of North America,
a party herein, and the National Labor Relations Board that :
I. Upon charges duly filed by the Steel Workers Organizing
Committee, for Lodge No. 1847 of the Amalgamated Association
of Iron, Steel and Tin Workers of North America, the National
Labor Relations Board by the Regional Director for the Fourth
Region, acting pursuant to authority granted in Section 10 (b)
of the National Labor Relations Act (49 Stat. 449) and its Rules
and Regulations, Series 1, Article 4, Section 1 issued its com-
plaint on the 19th day of April 1938, against the Freed Heater
and Manufacturing Company, respondent herein.
II. Respondent, Freed Heater and Manufacturing Company,
is and has been since 1931, a corporation organized and existing
by virtue of the laws of the Commonwealth of Pennsylvania,
having its office and place of business in the Town of College-
ville, Commonwealth of Pennsylvania, and is now and has con-
tinuously been engaged at its place of business in the Town of
Collegeville, Commonwealth of Pennsylvania, (hereinafter called
the Collegeville Plant) in the manufacture, sale and distribution
of heaters, boilers, castings and necessary parts thereto.
III. The respondent, Freed Heater and Manufacturing Com-
pany, in the course and conduct of its business at its College-
ville Plant uses, among other things, the following materials :
pig iron, scrap iron, coke, coal, hardware and firebrick; and
acquires about 80 per cent of these materials in States of the
United States other than the Commonwealth of Pennsylvania,
and in the course and conduct of its business causes and has con-
tinuously caused approximately 80 per cent of its raw materials
to be transported in interstate commerce from and through States
of the United States other than the Commonwealth of Penn-
sylvania to its Collegeville Plant in the Commonwealth of
Pennsylvania and there these raw materials are manufactured by
the respondent into the products enumerated in paragraph II
above.
IV. The respondent, Freed Heater and Manufacturing Com-
pany, manufactures the products set forth above in paragraph
II at its Collegeville Plant and causes and has continuously
caused approximately 40 per cent of these products produced by
it to be sold and transported in interstate commerce from its
Collegeville Plant to, into and through States of the United
States other than the Commonwealth of Pennsylvania. The
total volume in dollars of shipments of the finished products for
the year 1937 amounted to approximately $150,000. The respond-
t 1-7213-39-vol. 8---62
964 NATIONAL LABOR RELATIONS BOAUD
ent maintains showrooms and sales offices in Philadelphia, Penn-
sylvania, New York City, New York, Chicago, Illinois, Boston,
Massachusetts, San Francisco, California, Baltimore, Maryland
and New Haven, Connecticut.
V. Respondent, Freed Heater and Manufacturing Company.
is engaged in interstate commerce within the meaning of the
National Labor Relations Act and decisions of the United States
Supreme Court thereunder.
VI. The respondent, Freed Heater and Manufacturing Com-
pany, in the course and conduct of its business at its Collegeville
Plant employs approximately 40 employees who are engaged in
production.
• VII. The Steel Workers Organizing Committee, for Lodge No.
1847 of the Amalgamated Association of Iron, Steel and Tin
Workers of North America, is a labor organization affiliated with
the Committee for Industrial Organization, admitting to its
membership employees of the respondent.
VIII. The Independent Mutual Beneficial Association is an
unaffiliated labor organization. It admits to its membership
employees of the respondent.
IX. The respondent, Freed Heater and Manufacturing Com-
pany, waives its right to a hearing as set forth in Sections 10 (b)
and 10 (c) of the National Labor Relations Act.
X. This stipulation together with the charge, complaint, no-
tice of hearing and Rules and Regulations of the National Labor
Relations Board may be introduced as evidence by filing them
with the Chief Trial Examiner of the National Labor Relations
Board at Washington, D. C.
XI. Upon this stipulation, if approved by the National Labor
Relations Board, an order may forthwith be entered by the
said Board and by the appropriate Circuit Court of Appeals,
providing as follows :
1. Respondent, Freed Heater and Manufacturing Company,
a corporation, its officers, agents, successors and assigns, will
cease and desist
(a) from in any manner interfering with, restraining, or co-
ercing its employees in the exercise of their right to self-organi-
zation, 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 purposes of collective bar-
gaining or other mutual aid or protection, as guaranteed under
Section 7 of the National Labor Relations Act.
(b) from threatening its employees with discharge, or threat-
ening the closing down of its plant or production if they en-
DECISIONS AND ORDERS 965
gaged in union activities in general, and membership in Lodge
1847 of the Amalgamated Association of Iron, Steel and Tin
Workers of North America, affiliated with the Committee for
Industrial Organization, in particular, and from in any manner
inducing and causing its supervisory and other employees to in-
terfere with, restrain, or coerce its employees in the exercise of
the rights guaranteed in Section 7 of the National Labor Rela-
tions Act, and from discouraging by any means membership in
Lodge 1847 of the Amalgamated Association of Iron, Steel
and Tin Workers of North America or any other organization of
its employees' choosing. -
(c) from in any manner dominating or interfering with the
administration of the Independent Mutual Beneficial Associa-
tion, or any other labor organization of its employees; from
contributing aid or support to said organization ; from recogniz-
ing or dealing in any manner with the Independent Mutual
Beneficial Association or any person or group of persons pur-
porting to represent said organization; or from forming or
maintaining any person or group of persons or designating any
individuals to act as the representatives of the employees for
the purposes of collective bargaining respecting any of the terms
or conditions of employment.
XII. It is further stipulated that the Board may order the
respondent to take the following affirmative action to effectuate
the purposes of the National Labor Relations Act :
That the respondent shall:
(a) withdraw all recognition from the Independent Mutual
Beneficial Association as the representatives of its employees or
any of them for the purpose of dealing with the respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment.
(b) post notices in conspicuous places about its plant in Oakes,
Pennsylvania, stating :
(1) that the respondent will cease and desist as aforesaid,
(2) that the Independent Mutual Beneficial Association is
disestablished as the representative of its employees or any of
them for the purpose of collective bargaining and that the re-
spondent will not extend any recognition to such organization ;
that membership in the Independent Mutual Beneficial Asso-
ciation is not necessary or essential as a condition of employment
or tenure of employment; the said notices to remain posted for
at least thirty (30) consecutive days from the date of posting.
(c) personally inform in writing the officers of the Independ-
ent Mutual Beneficial Association that the organization has
966 NATIONAL LABOR RELATIONS BOARD
been formed and administered in violation of the National Labor
Relations Act and that it will not in any manner deal with, or
recognize such organization.
(d) inform all of its officials and agents, including superin-
tendents, foremen and other supervisory employees, that they
shall not in any manner approach employees concerning, or dis-
cuss with the employees, the question of their labor affiliation, or
threaten employees in any manner because of their membership
in any labor organization in general, or Lodge 1847 of the Amal-
gamated Association of Iron, Steel and Tin Workers of North
America in particular.
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 Freed Heater and Manufacturing Company, Col-
legeville, Pennsylvania, and its officers, agents, successors, and assigns,
shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining, or coercing
its employees in the exercise of their right 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 under Section 7 of the
National Labor Relations Act;
(b) From threatening its employees with discharge, or threatening
the closing down of its plant or production if they engaged in union
activities in general, and membership in Lodge 1847 of the Amalga-
mated Association of Iron, Steel and Tin Workers of North America,
affiliated with the Committee for Industrial Organization, in particu-
lar, and from in any manner inducing and causing its supervisory
and other employees to interfere with, restrain, or coerce its employees
in the exercise of the rights guaranteed in Section 7 of the National
Labor Relations Act, and from discouraging by any means member-
ship in Lodge 1847 of the Amalgamated Association of Iron, Steel
and Tin Workers of North America or any other labor organization
of its employees' choosing;
(c) From in any manner dominating or interfering with the ad-
ministration Qf the Independent Mutual Beneficial Association, or
any other labor organization of its employees; from contributing aid
or support to said organization; from recognizing or dealing in any
manner with the Independent Mutual Beneficial Association or any
DE(JISIONS AND ORDERS 967
person or group of persons purporting to represent said organization;
or from forming or maintaining any person or group of persons or
designating any individuals to act as the representatives of the em-
ployees for the purposes of collective bargaining concerning any of
the terms or conditions of employment.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Withdraw all recognition from the Independent Mutual Ben-
eficial Association as the representative 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;
(b) Post notices in conspicuous places about its plant in Oakes,
Pennsylvania, stating (1) that the respondent will cease and desist as
aforesaid; (2) that the Independent Mutual Beneficial Association is
disestablished as the representative of its employees or any of them for
the purpose of collective bargaining and that the respondent will not
extend any recognition to such organization; that membership in the
Independent Mutual Beneficial Association is not necessary or essen-
tial as a condition of employment or tenure of employment; the said
notices to remain posted for at least thirty (30) consecutive days from
the date of posting;
(c) Personally inform in writing the officers of the Independent
Mutual Beneficial Association that the organization has been formed
and administered in violation of the National Labor Relations Act
and that it will not in any manner deal with, or recognize such organ-
ization ;
(d) Inform all of its officials and agents, including superintend-
ents, foremen and other supervisory employees, that they shall not in
any manner approach employees concerning, or discuss with em-
ployees, the question of their labor affiliation, or threaten employees
in any manner because of their membership in any labor organization
in general, or Lodge 1847 of the Amalgamated Association of Iron,
Steel and Tin Workers of North America in particular.