General Cable Corp.

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 647 (N.L.R.B. 1942)

In the Matter of GENERAL CABLE CORPORATION and UNITED STEEL-
WORKERS OF AMERICA
Case No. C-23,33.-Decided September 30, 1942
Jurisdiction : cable manufacturing industry. '
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. William W. Ward, for the Board.
Mr. M. A. Kent, of New York City, for the Company.
111r. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by United Steelworkers of
America, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Fourteenth, Region (St. Louis, Missouri), issued its complaint dated
August 14, 1942, against General Cable Corporation, St. Louis, Mis-
souri, herein called the respondent, alleging that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce, 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, accompanied by notices of
hearing, were duly, served upon the respondent, the Union, Cable
Craft Union, herein called Cable Craft, a labor organization alleged
in the complaint to have been dominated and supported by the re-
spondent until its dissolution, and American Federation of Labor,
herein called the A. F. of L., a labor organization alleged in the com-
plaint to be supported by the respondent.
Concerning the unfair labor practices, the complaint alleged in
substance that the respondent (1) on or about September 22, 1937,
initiated, formed, and sponsored Cable Craft,.and assisted, dominated,
contributed to the support of, and interfered with the administration
of said Cable Craft; (2) on or about March 6,1942, caused the dissolu-
tion of Cable Craft and from on or about said date to the date hereof,
urged, warned, and_ threatened its employees to join and assist the
A. F. of L., permitted and encouraged officers and others identified
44N L.R.B,No 118.
647
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with Cable,Craft to solicit membership for A.'F. of L. in the plant
during working hours, while denying such rights and privileges,to
the Union, and did otherwise foster and promote the growth of
A. F. of L. as successor to Cable Craft to bargain for its employees;
and (3) by the foregoing acts interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7
of the Act.
On or about August 25, 1942, the respondent filed its answer to the
complaint which denied that respondent had engaged in the alleged
unfair labor practices. On September 8, 1942, before a hearing was
held, the respondent and counsel for the Board entered into a stipula-
tion in settlement of the case, subject to the approval of the Board.
This stipulation provides as follows :
It it hereby stipulated and agreed by and between the General
Cable Corporation, hereinafter called the respondent, and Wil-
liam W. Ward, Attorney, National Labor Relations Board, that :
I
I
Upon second amended charges duly filed by United Steelwork-
ers of America, CIO, hereinafter called the CIO, through an
accredited agent and representative for that purpose, the Na-
tional Labor Relations Board, hereinafter called the Board, by
its Regional Director for the Fourteenth Region (St. Louis,
Missouri), hereinafter called the Regional Director, acting pur-
suant to authority granted by the National Labor Relations Act,
49 Stat. 449, hereinafter called the Act, and pursuant to the
Board's,Rules and Regulations, Series 2, as amended, duly issued
a Complaint and Notice of Hearing thereon, dated August 14,
1942, against the respondent. True and correct copies' of the
,complaint, second amended charge, and notice of hearing were
duly served upon the respondent, the CIO and American Federa-
tion of Labor Local Union, hereinafter called the AFL. On
August 21, 1942, respondent duly filed a Motion for Continuance
with the Regional Director. An order of the Regional Director
duly issued and served upon the parties hereto, dated August 25,
1942, granted continuance of the hearing to September 10, 1942.
Under date of, August 25, 1942, respondent duly filed with the
Regional Director its answer denying said amended charges and
the allegations in said Complaint based thereon.
II
All the parties hereto expressly waive hearing, taking of testi-
mony, intermediate report of trial examiner, the filing of excep-
GENERAL CABLE CORPORATION 649
tions, and arguing orally before a trial examiner or the Board, the
making of findings of fact or conclusions of law by the' Board,
and all further and other procedure before the Board to which
respondent may be entitled under the Act or the rules and regu-
lations of the Board.
III
All the parties hereto expressly agree that the record in this
matter shall consist of the documents referred to in Paragraph I
hereof and this stipulation and agreement. This record shall be
filed with the Board by transmitting the same to the Chief Trial
Examiner of the Board at Washington, D. C.
IV
The respondent is, and has been at all times material hereto,
a corporation existing under and by virtue of the laws of the
State of New Jersey, having its principal office in New York,
New York. In the course and conduct of its business, the respond-
ent owns and operates a plant in St. Louis, Missouri, hereinafter
called the plant, and the respondent is now, and has been at all
times herein mentioned, engaged at the plant in the manufacture,
sale, and distribution of cables. During the period January 1,
1942, through April 30, 1942, respondent purchased materials con-
sisting of copper, varnish, cloth, paper, cotton, lead and oil, valued
in excess of $100,000, over 50% of which was purchased and trans-
ported from points outside the State of Missouri to.the plant.
During the same period, respondent sold and transported finished
products valued in excess of $2,000,000, over 50/0 of which was
shipped from the plant to points outside the State of Missouri.
For the purposes of this proceeding, respondent admits that
it is engaged in interstate commerce within the meaning of the
Act.
V
The CIO and AFL are labor organizations within the mean-
ing of Section 2 (5) of the Act.
Cable Craft Union, during the period of its existence was a
labor organization within the meaning of Section 2 (5) of the Act.
VI
All parties hereto expressly agree and consent that the National
Labor Relations Board may forthwith enter an order as follows :
Respondent, General Cable Corporation, its officers, agents, suc-
cessors, and assigns :
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Shall not:
(a) ' Dominate or interfere with the administration of Cable
Craft Union, or with the formation or administration of any
other labor organization of its employees , or contribute financial
or other support to Cable Craft Union or to, any other labor organ-
ization of its employees;
(b) Foster or promote the American Federation of Labor Local
Union (AFL), or any other labor organization of its employees,
as successor to Cable Craft Union, or as the collective bargain-
ing representative of its employees;
(c) Urge, warn or threaten its employees to join or assist the
American Federation of Labor Local Union (AFL), or any other
labor organization of its employees , or to refrain from joining
or assisting the United Steelworkers of America (CIO), or any
other labor organization of its employees;
(d) In any other manner interfere with, restrain, or coerce
its 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, anti to engage in
concerted activities for the purposes of collective bargaining or
other mutual aid or protection.
2. Shall take the following affirmative action to effectuate the
policies of the Act :
(a) Refrain from recognizing the Cable Craft Union; if it
should ever return to active existence , as a representative of any
of its employees for the purpose of dealing with respondent with
respect to grievances , labor disputes , wages , rates of pay , hours of
employment, or other conditions of employment;
(b) Post immediately in conspicuous places throughout its
plant at St . Louis, Missouri, and maintain for a period of at least
sixty (60) consecutive days from date of posting, notices in the
form set forth in Appendix A, attached hereto and made a part
hereof;'
(c) Notify the Regional Director for the Fourteenth Region,
in writing, within ten (10) days from the date of this Order, what
steps the respondent has taken to comply herewith.
VII
Upon application by the Board, any appropriate United States
Circuit Court of Appeals may enter its decree enforcing the
order of the Board as set forth in Paragraph VI hereof, and all
parties hereto expressly waive any right to contest the entry, of
1 The notice is set forth as Appendix "A" to this Decision and Order.
GENERAL CABLE CORPORATION 651
such decree , or to 'receive further notice of the application for.
or entry of such decree.
VIII -
The entire stipulation and agreement is contained within the
terms hereof , and there is , no agreement of any kind which varies,
alters, or adds to this stipulation and agreement.
IX
This stipulation and agreement is subject to the approval of
the Board and shall become effective immediately upon receipt of
notice granting such approval by the Board.
On September 16, 1942, the Board- issued its order approving the
above -stipulation ,, making it a part of the record in the case, and
pursuant to Article IT, Section 36, of National Labor Relations Board
Rules and Regulations-Series 2,' as amended, transferring the pro-
ceeding to the Board for the purpose of entry of a Decision and Order
by the Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
General Cable Corporation , a New Jersey corporation , having its
principal office in New York City and a plant in St . Louis , Missouri,
is engaged in the manufacture , sale, and distribution of cables. Dur-
ing the period of January 1 through April 30, 1942, the respondent
purchased raw materials consisting of copper , varnish, cloth, paper,
cotton, lead, and oil, valued in excess of $100,000 , 50 percent of which
was transported to the plant from points outside the State of Missouri.
During the same period , the Company sold and transported finished
products valued in excess of $2,000,000, over 50 percent of which was
shipped from the plant to points outside the State of Missouri. The
respondent admits that it is engaged in commerce within the meaning
of the Act. - ,
We find that the above-described operations constitute a contin-
uous flow of trade , traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of •thd
National Labor Relations Act, the National Labor Relations Board •
652 DECISIONS -OF NATIONAL LABOR.- RELATIONS BOARD,
hereby orders that General Cable • Corporation, St. Louis, Missouri,
its officers, agents, successors, and assigns :
1. Shall not :
(a) Dominate or interfere with the administration of Cable Craft
Union, or with the formation or administration of any other labor
organization of its employees, or contribute financial or other sup-
port to Cable Craft Union or to any, other labor organization of its
employees ;
(b) Foster or promote the American Federation of Labor Local
Union (AFL), or any other labor organization of its employees, as
successor to Cable Craft Union,, or as the collective bargaining rep-
resentative of its employees ;
(c) Urge, warn or threaten its employees to join or assist the
American. Federation of Labor Local Union (AFL); or any other
labor organization of its employees, or to refrain from joining or
assisting -the United Steelworkers of America (CIO), or any other
tabor organization of its employees;
(d) In any other manner interfere with, restrain, or coerce its
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, and to engage in concerted
activities for the purposes of collective bargaining or other mutual
aid or protection.
2. Shall take the following affirmative action to' effectuate the
policies of the Act :
(a) Refrain from recognizing the, Cable Craft Union, if it should
ever return to active existence, as a representative of -any of its
employees for the purpose of dealing with respondent with respect
to grievances, labor disputes, wages, rates of pay, hours of employ-
ment, or other conditions of-employment;
. (b) Post immediately in conspicuous places throughout its plant
at St. Louis, Missouri, and maintain for a period of at least sixty
-(60) consecutive days from date of posting, notices in the form, set
forth in Appendix A, attached hereto and made, a part hereof;
'(c) Nbtify the, Regional Director for the Fourteenth Region, in
writing, within ten (10) days from the date of this Order, what
steps the respondent hats taken to comply herewith.
APPENDIX "A"
NOTICE TO E1rPLOYEEs
General Cable Corporation, its officers, - agents and representatives
will not : -
1. Dominate or interfere with the, administration of Cable Craft
Union, or with the formation or administration of any other labor
GENERAL CABLE CORPORATION 653
organization of its employees, or contribute financial or other support
to Cable Craft Union or to any other labor organization of its
employees ;
2. Recognize the Cable Craft Union, if it should ever return to active
existence, as a representative of any of its employeeS for the purpose
of dealing with respondent with respect to grievances, labor disputes,
wages, rates of pay, hours of employment, or other conditions of
employment ;
3. Foster or promote the American Federation of Labor Local Union
(AFL), or any other labor organization of its employees, as successor
to Cable Craft Union, or as the collective bargaining representative of
its employees; N
4.' Urge, warn or threaten its employees to join or assist the American
Federation of Labor Local Union (AFL), or any other labor, organi-
zation of its employees, or to refrain from joining or assisting the
United Steelworkers of America (CIO), or any other labor organiza-
tion of its'employees;
5. In any other manner interfere with, restrain, or coerce its em-
ployees in the exercise of the right to self-organization; to form, join,
or assist labor organizations, to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities for
the purposes of collective bargaining or other mutual aid, or protection.
September 8, 1942.
GENERAL CABLE CORPORATION,
By (s) M . A. KENT,
M. A. Kent,
Its Vice-President and Director of ]llanu f acturing.