Hatfield Wire & Cable Company, Inc.

National Labor Relations Board - Board Decisions

Dec 21, 1938

10 N.L.R.B. 763 (N.L.R.B. 1938)

In the Matter Of HATFIELD WIRE & CABLE COMPANY , INC. and UNITED
ELECTRICAL , RADIO & MACHINE WORKERS, LOCAL No. 403
Case No. C-1042.-Decided December 21, 1938
Wire and Cable Products and Electrical Appliances Manufacturing Industry-
settlenaent : stipulation providing for reinstatement with back pay, preferential
employment list, and recognition of union-Order : entered on stipulation.
Mr. Albert Ornstein, for the Board.
Cohen di Klein, by Mr. Phillip Klein, Mr. Merritt Lane, by Mr. Eu-
gene F. Frey, of Newark, N. J., for the respondent.
Mr. Samuel L. Rothbard, of Newark, N. J., for the Union.
Mr. George Rose, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and two amended charges duly filed by the United
Electrical, Radio & Machine Workers of America, Local No. 403,
affiliated with the Committee for Industrial Organization, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Second Region (New
York City), issued its complaint dated March 25, 1936, an amended
complaint dated February 2, 1938, and a second amended complaint
dated November 3, 1938,1 against Hatfield Wire & Cable Company,
Inc., Hillside, New Jersey, 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),
(3)_, and (5) and Section 2 (6) and (7) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. The complaint, the
amended complaint and the second amended complaint and accom-
panying notices of hearing were duly served upon the parties.
Concerning the unfair labor practices, the complaint, as amended,
alleged in substance, that although on February 1, 1936, and there-
' The hearing on the complaint was postponed from time to time upon notice to the
parties.
10 N. L . R. B., No. 63.
763
764 NATIONAL LABOR RELATIONS BOARD
after, the Union represented a majority of the employees in an ap-
propriate unit at the Hillside plant, and on February 6, 1937, and
thereafter, the Union represented a majority at the Hackettstown
plant, the respondent refused to bargain collectively with the-Union,
as the exclusive representative of the respondent's employees; that,
following a strike of the respondent's employees, brought about by
the respondent's unfair labor practices, the respondent refused to re-
instate certain named employees, and terminated the employment of
and refused to reinstate certain other named employees, because they
joined and assisted the Union and engaged in concerted activities for
the purposes of collective bargaining and other mutual aid and pro-
tection ; and that the respondent, by all the acts mentioned above,
and by threats of reprisals, and other intimidating acts, interfered
with, restrained and coerced its employees in the exercise of their
rights guaranteed in Section 7 of the Act. On February 9, 1938, and
November 15, 1938, the respondent filed its answers to the amended
complaint, and the second amended complaint, respectively, in which
it admitted the allegations concerning the nature and scope of its
business and denied those concerning the alleged unfair labor
practices.
Pursuant to notice, a hearing was held on November 7, 1938, at
New York City, before Mapes Davidson, the Trial Examiner duly
designated by the Board. All parties participated in the hearing, the
Board, the respondent, and the Union being represented by counsel.
Full opportunity to be heard, to examine and cross-examine witnesses
and to introduce evidence bearing on the issues was afforded all
parties. On motions of counsel for the Board, the hearing was ad-
journed until November 10, 1938, and again until November 15, 1938,
in order to permit conferences with a view to settling the case.
On November 15, 1938, counsel for the Board, the respondent by its
counsel, and counsel for the Union entered into a stipulation in set-
tlement of the case, in which the respondent agreed to the finding of
certain facts and the entry of a consent order by the Board, upon its
approval of the stipulation. This stipulation was received in evi-
dence at the hearing without objection. The hearing was then closed.
The above-mentioned stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between the un-
dersigned that the provisions hereinafter set forth constitute a
settlement of all the issues arising from the alleged unfair labor
practices as complained of in the above-entitled proceeding, to
the date of this settlement,* said Hatfield Wire and Cable Co.,
Inc., however continuing its denial of liability in this cause, but
without prejudice to the entry of a consent decree order by the
appropriate C. C. A., as hereinafter provided.
DECISIONS AND ORDERS 765
IT IS HEREBY STIPULATED by and between the undersigned, that
Hatfield Wire & Cable Co., Inc., formerly known as the Hatfield'
Rubber Works, Inc., 605 Hillside Avenue, Hillside, New Jersey,
hereinafter called the Employer, and its officers, agents, successors
and assigns :
I. ADMITS that the facts stated in Appendix A,2 attached
hereto and incorporated herein, are true.
II. WAIVES the right to a hearing in' the above named proceed-
ing and waives the right to have the National Labor Relations
Board make findings of fact and issue conclusions of fact and of
law in the said proceeding based upon the original Complaint,
the Amended Complaint and the Second Amended Complaint,
dated respectively March 25, 1936, February 2, 1938 and Novem-
ber 3, 1938, and the respective Answers filed thereto and the
record 'herein and this Stipulation.
III. CONSENTS to the entry by the National Labor Relations
Board of a cease and desist order in the above-entitled proceed-
ing subject to and in accordance with the provisions of the Na-
tional Labor Relations Act and not otherwise in the following
terms :
The Employer shall:
1. Cease and desist from in any manner interfering with, re-
straining or coercing its employees in the exercise of their rights
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 pur-
pose of collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act;
2. Cease and desist from urging, persuading and warning its
employees to refrain from becoming or remaining members of
the United Electrical, Radio & Machine Workers, Local No. 403,
or of any other labor organization of its employees' choosing;
and from threatening said employees with discharge and other
reprisals if they became or remained members thereof;
3. Cease and desist from discouraging membership in the
United Electrical, Radio & Machine Workers Local No. 403, or
any other labor organization of its employees' choosing by dis-
criminating in regard to hire and tenure of employment or other
term or condition of employment;
4. Cease and desist from refusing to bargain collectively with
the United Electrical, Radio & Machine Workers, Local No. 403,
2 Appendix A has not been set forth in the Decision since the facts contained therein are
included in Section I, infra.
766 NATIONAL LABOR RELATIONS BOARD
as the exclusive representative -of an appropriate unit of -its em-
ployees consisting of all of its production and maintenance em-
ployees-in its Hillside Plant, exclusive of clerical and supervisory
employees in respect to rates of pay, wages, hours of employment
and other conditions of employment, so long as said union in
fact represents a majority of the employees of-the said appropri-
ate unit in said plant in accordance with the provisions of the
National Labor Relations Act.
5.. Cease and desist from refusing to bargain collectively with
the United Electrical; Radio &- Machine Workers, Local No. 403,
as the exclusive representative of an appropriate unit of its em-
ployees consisting of all of its production and maintenance em-
ployees in its Hackettstown Plant, exclusive of clerical and su-
pervisory employees, in respect to rates of pay, wages, hours of
employment and other conditions of employment;•so long as said
union in fact represents a majority of the employees of the said
appropriate unit in the said- plant- in accordance with the provi-
sions of the National Labor Relations Act.
(a) For the purposes of this entire Stipulation the unit set
forth in Paragraph 4, above, shall be a distinct and separate
bargaining unit from that set forth in Paragraph 5, above.
6. Take the following affirmative action to effectuate the poli-
cies and purposes of the National Labor Relations Act:
(a) Offer to the persons named in Appendix B,3 attached
hereto and made a part hereof, immediate and full reinstate-
ment at the Hillside Plant, within a reasonable time after this
Stipulation is approved by the National Labor Relations
Board, to positions substantially equivalent to those held by
each of,the persons named in Appendix B at the cessation of
said person's last employment with the Employer at said plant,
without prejudice to their seniority or other rights or
privileges;
(b) Offer to the persons named in Appendix C,4 attached
hereto and made a part hereof, immediate and full reinstate-
ment, within a reasonable time after this Stipulation is ap-
proved by the National Labor Relations Board, to the positions
held by them at its Hackettstown Plant immediately prior to
the date May 19, 1937, to the extent that said positions now
exist, without prejudice to their seniority or other rights or
privileges, discharging any and all persons hired after May 19,
E Appendix B of the Stipulation is identical with Appendix B of the Order.
' Appendix C of the Stipulation is identical with Appendix C of the Order.
DECISIONS AND ORDERS 767
1937, except those persons who were in the employ of the com-
pany at said plant at any time during the period of two weeks
prior to May 19, 1937, if such discharge is necessary to effectu-
ate the reinstatement of the employees named in Appendix C,
and placing those persons in Appendix C who are not immedi-
ately reinstated on a preferred list, to be hired in their order of
seniority to subsequent production positions substantially
identical with those held by such employees formerly, as open-
ings arise, before any other persons are employed; in the event
of said subsequent opening, the Employer is to give the first
five ranking persons on the seniority list reasonable notice to
fill said opening and is to have the right to select the person
with the greatest seniority of those notified to fill the opening
who appear in response to said notice within the- time men-
tioned in said notice.
(c) Upon approval of this Stipulation by the National
Labor Relations Board, immediately pay Fifteen Thousand
Dollars ($15,000.00) by checks to the Regional Director for the
Second Region, National Labor Relations Board, in full settle-
ment of all claims for back pay arising out of the complaints
in the above named proceeding; said Fifteen Thousand Dollars
($15,000.00) to be distributed by the Regional Director for the
Second Region on a basis and plan to be arranged and worked
out between the said Regional Director and the said union; no
further payments shall be due or payable by the Employer for
back pay or otherwise to the employees named or referred to in
said Second Amended Complaint.
(d) Bargain collectively upon request with the United
Electrical, Radio & Machine Workers, Local No. 403, as the
exclusive representative of its employees in its Hillside Plant
in the unit set forth in Section III, Paragraph 4, of this Stip-
ulation, so long as said union in fact represents a majority of
the employees of the said appropriate unit in_ said -plant, in
accordance with the provisions of the National Labor Relations
Act.
(e) Bargain collectively upon request with the United Elec-
trical, Radio & Machine Workers, Local No. 403, as the ex-
elusive representative of its employees in its Hackettstown
Plant in the unit set forth in Section III, Paragraph 5, of this
-Stipulation, so long as said union in fact represents a majority
of the employees of said appropriate unit in said plant, in
accordance with the provisions of the National Labor Relations
Act. _
768 NATIONAL LABOR RELATIONS BOARD
(f) Immediately post notices in conspicuous places in its
Hillside and Hackettstown Plants and maintain such notices
for a period of thirty (30) consecutive days stating:
That Hatfield Wire & Cable Co., Inc., will:
(1) Refrain from in any manner interfering with, restrain-
ing, 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 concerted activities for the pur-
poses of collective bargaining and other mutual aid or pro-
tection as guaranteed by Section 7 of the National Labor
Relations Act.
(2) Refrain from urging, persuading and warning its
employees in its said Hillside and Hackettstown Plants from
becoming or remaining members of the United Electrical,
Radio & Machine Workers, Local No. 403, or any other labor
organization , and from threatening said employees with
discharge and other reprisals - if they become members
thereof;
(3) Refrain from discouraging membership in the United
Electrical, Radio & Machine Workers, Local No. 403,` or any
other labor organization , by discriminating in regard to hire
and tenure of employment or term or condition of employ-
ment;
(4) Refrain from refusing to bargain collectively with the
United Electrical, Radio & Machine Workers, Local No. 403,
as the representative of appropriate units of its production
and maintenance employees at its said Hillside and Hacketts-
town Plants, exclusive of clerical and supervisory employees,
so long as said union in fact represents a majority of the
employees of said appropriate unit in each plant in accord-
ance with the provisions of the N. L. R. A.
_IV. IT IS FURTHER STIPULATED that the Employer consents to
the entry by the proper Circuit Court of Appeals of an enforce-
ment order embodying but limited to the terms of the Board's
order described in Section III, of this Stipulation; the form of
said order to be submitted to the parties hereto or their respec-
tive attorneys at least five (5) days prior to the presentation of
said order to said Court.
V. This Stipulation shall not go into effect unless and until
it has received the approval of the National Labor Relations
Board; if not approved by the National Labor Relations Board
this stipulation and all its parts shall be null and void and of
no effect and as if it had never been made; this Stipulation with
respect to the facts is made only for the purpose of this settle-
DECISIONS AND ORDERS 769
ment and is not to be used in this or any other proceeding except
as a basis for settlement as proposed by this Stipulation.
On November 19, 1938, the Board issued its order approving the
above stipulation, embodying it in the record in the case, and trans-
ferring the proceedings to the Board for the purpose of entry of a
decision and order by the Board pursuant to the provisions of the
above stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a New Jersey corporation with its principal
office in Hillside, New Jersey. It is engaged at Hillside and at
Hackettstown, New Jersey, in the manufacture, sale, and distribution
of wire and cable products, electrical appliances, and related articles.
The principal raw materials used in the production of these products
are copper, cotton, rayon, crude rubber, asbestos, filler, lead, steel,
fiber, and cord-set-supplies. The respondent purchased materials
during the period from January 1, 1936, to and including December
31, 1937, amounting to approximately $2,700,000, of which approxi-
mately 25 per cent were shipped to the respondent in New Jersey
from points located outside the State.
During the same period the respondent manufactured and proc-
essed goods at its New Jersey plants and sold goods for which it
received approximately $4,500,000. Of these goods, approximately
90 per cent were shipped to destinations located in States other than
the State of New Jersey.
We find that the aforesaid 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, pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Hatfield Wire & Cable Company, Inc., Hillside,
New Jersey , shall :
1. Cease and desist from :
(a) In 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 through
representatives of their own choosing and to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection as guaranteed in Section 7 of the National Labor
Relations Act;
770 NATIONAL LABOR RELATIONS BOARD
(b) Urging, persuading and warning its employees to refrain from
becoming or remaining members of the United Electrical, Radio &
Machine Workers of America, Local No. 403, or of any other labor
organization of its employees' choosing; and from threatening said
employees with discharge and other reprisals if they became or
remained members thereof;
(c) Discouraging membership in the United Electrical, Radio &
Machine Workers of America, Local No. 403, or any other labor
organization of its employees' choosing by discriminating in regard
to hire and tenure of employment or other term or condition of
employment;
(d) Refusing to bargain collectively with the United Electrical,
Radio '& -Machine Workers of America, Local No. 403, as the exclu-
sive representative of an appropriate unit of its employees consisting
of all of its production and maintenance employees in its Hillside-
plant, exclusive of clerical and supervisory employees in respect to
rates of pay, wages, hours of employment, and other conditions of
employment, so long as said Union in fact represents a majority of
the employees of the said appropriate unit in said plant in accord-,
ante with the provisions of the National Labor Relations Act;
(e) Refusing to bargain collectively with the United Electrical,
Radio & Machine Workers of America, Local No. 403, as the exclu-
sive representative of an appropriate unit of its employees consisting
of all of its production and maintenance employees in its Hacketts-
town plant, exclusive of clerical and supervisory employees, in re-
spect to rates of pay, wages, hours of employment, and other condi-
tions of employment, so long as said Union in fact represents a ma-
jority of the employees of the said appropriate unit in the said plant
in accordance with the provisions of the National Labor Relations
Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies and purposes of the National Labor Relations
Act :
(a) Offer to the persons named in Appendix B, attached hereto
and made a part hereof, immediate and full reinstatement at the
Hillside plant, within a reasonable time after this Stipulation is
approved by the National Labor Relations Board, to positions sub-
stantially equivalent to those held by each of the persons named in
Appendix B at the cessation of said person's last employment with
the employer at said plant, without prejudice to their' seniority or
other rights or privileges ;
(b) Offer to the persons named in Appendix C, attached hereto
and made a part hereof, immediate and full reinstatement, within
a reasonable time after this Stipulation is approved by the National
Labor Relations Board, to the positions held by them at its Hacketts-
DECISIONS AND ORDERS 7.71
town plant immediately prior to the date May 19, 1937, to the extent
that said positions now exist, without prejudice to their seniority or
other rights or privileges, discharging any and all persons hired
after May 19, 1937, except those persons who were in the employ
of the company at said plant at any timer during the period of 2
weeks prior to May 19, 1937, if such discharge is necessary to effectu-
ate the reinstatement of the employees named in Appendix C, and
placing those persons in Appendix C who are not immediately rein-
stated on a preferred list, to be hired in their order of seniority to
subsequent production positions substantially identical with those
held by such employees formerly, as openings arise, before any other
persons are employed; in the event of said subsequent opening, the
employer is to give the first five ranking persons on.the seniority list
reasonable notice to fill said opening and is to have the right to
select the person with the greatest seniority of those notified to fill
the opening who appear in response to said notice within the time
mentioned in said notice;
(c) Immediately pay fifteen thousand dollars ($15,000) by checks
to the Regional Director for the Second Region, National Labor Rela-
tions Board, in full settlement of all claims for back pay arising out
of the complaints in the above-named proceeding; said fifteen thou-
sand dollars- ($15,000) to be distributed by the Regional Director for
the Second Region on a basis and plan to be arranged and worked
out between the said Regional Director and the said Union; no fur-
ther payments shall be due or payable by the employer for back
pay or otherwise to the employees named or referred-to in said second
amended complaint;
(d) Bargain collectively upon request with the United Electrical,
Radio & Machine Workers of America, Local No. 403, as the exclu-
sive representative of its employees in its Hillside plant in the unit
set forth in this Decision, so long as said Union in fact represents a
majority of the employees of the said appropriate unit in said plant,
in accordance with the provisions of the National Labor Relations
Act ;
(e) Bargain collectively upon request with the United Electrical,
Radio & Machine Workers of America, Local No. 403, as the exclu-
sive representative of its employees in its Hackettstown plant in the
unit set forth in this Decision, so long as said Union in fact repre-
sents a majority of the employees of said appropriate unit in said
plant, in accordance with the provisions of the National Labor
Relations Act;
(f) Immediately post notices in conspicuous places in its Hillside
and Hackettstown plants and maintain such notices for a period of
thirty (30) consecutive days, stating:
772 NATIONAL LABOR RELATIONS BOARD
That Hatfield Wire & Cable Company, Inc., will :
(1) Refrain from in any manner interfering with, restraining, or
coercing its employees in the exercise of their right to self-organiza-
tion, to form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to engage
in concerted activities for the purposes of collective bargaining and
other mutual aid or protection as guaranteed by Section 7 of the
National Labor Relations Act;
(2) Refrain from urging, persuading, and warning its employees
in its said Hillside and Hackettstown plants from becoming or re-
maining members of the United Electrical, Radio & Machine Workers
of America, Local No. 403, or any other labor organization, and from
threatening said employees with discharge and other reprisals if they
become members thereof;
(3) Refrain from discouraging membership in the United Elec-
trical, Radio & Machine Workers of America, Local No. 403, or any
other labor organization, by discriminating in regard to hire and
tenure of employment or term or condition of employment;
(4) Refrain from refusing to bargain collectively with the United
Electrical, Radio & Machine Workers of America, Local No. 403, as
the representative of appropriate units of its production and main-
tenance employees at its said Hillside and Hackettstown plants, ex-
clusive of clerical and supervisory employees, so long as said Union
in fact represents a majority of the employees of said appropriate
unit'in each plant in accordance with the provisions of the National
Labor Relations Act.
APPENDIX "B"
Mary Manegold
Stella Palliwada
Harold Hoffman
Josephine Bauer
Peter Raymond
Michael Praschak
Mae Savage
Edward Rybaczwk
Vincent Brady
Julia Kirschbaum
John Severt
William Quandt
Agnes Kreshak
George Langs
Albert Zalis
Walter Lott
Nick Molinaro
Helen Praschak
Mary Quandt
Peter Marino
Winifred Graef
Ethel Ritchings
Louis Greene
William Pickford
Eugene Richardson
Ruth Alfieri
Ellis Cohen
Larry Galiano
Henry Balckum
David Langs
Simmie Green
Fred Cooper
Fred Mims
William Del Corsino
Kay Mulligan
Herbert Solomon
DECISIONS AND ORDERS
APPENDIX "C"
William Alberts
Victor Albanito
Edward Anderson
Harry Ayers
Clarence Beegle
Kenneth Beegle
Thomas Burke
Frank Coleman
Roger Coleman
Clarence Dickerson
John Gardner
Edward Heneck
Wilbur Huff
Ernest Johnson
Roland Keggan
Roy Kice
Thelman Krosen
Frank LeClair
Paul Linger
Jack Marlatt
Henry Mihalik
Fred Miller
Kenneth Morgan
Earnest Parks
William Partone
George Peppilo
Ruth Viccolo
Lifford Pierce
Franklin Raub
William Rivers
Fred Schmeal
Jacob Skinner
Joseph Skyler
John Stoddard
Robert Smith
John Turner
Ferdinand Young
Henry Young
Charles Zellers
Leon Perrine
Jacob Benz
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