Herman Nelson Corp.

National Labor Relations Board - Board Decisions

Aug 15, 1941

34 N.L.R.B. 294 (N.L.R.B. 1941)

In the Matter Of HERMAN NELSON CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMERICAN FED-
ERATION OF LABOR
Case No. C-1939.-Decided August 15, 1941
Jurisdiction : heating, ventilating, and air conditioning equipment manufactur-
ing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Russell Packard, for the Board.
Mr. Richard H. Nelson, of Moline, Ill., for the respondent.
Mr. L arl P. Hogan, of Minneapolis, Minn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by International Association of Machinists,
affiliated with the American 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, Illi.
nois), issued its complaint dated July 7, 1941, against Herman Nel-
son Corporation, Moline, Illinois, herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce, within the meaning of Section
8 (1) and (3) and Section 2 (6) and (7) of the National Labor Re] a-
tions Act, 49 Stat. 449, herein called the Act. Copies of the complaint
and notices of hearing thereon were duly served upon the respondent
and the Union. On July 17, 1941, the Regional Director issued an
order continuing the hearing.
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, that the respondent discharged Kenneth W. Johnson for the
reason that he joined and assisted the Union and engaged in concerted
activities with other employees of the respondent for the purposes of
collective bargaining and other mutual aid and protection and that by
these acts the respondent interfered with, restrained, and coerced its
34 N. L . R. B., No. 4&
294
HERMAN NELSON CORPORATION 295
employees in the exercise of the rights guaranteed in Section 7 of the
Act. On July 16,1941, the respondent filed an answer to the complaint
denying the allegations of unfair labor practices contained therein.
Prior to a hearing, the respondent, the Union, and counsel for the
Board entered into a stipulation dated July 25, 1941. The Stipulation
provides as follows :
It is hereby stipulated and agreed by and between the Herman
Nelson Corporation, hereinafter referred to as the "respondent",
the International Association of Machinists (A. F. of L.), herein-
after referred to as the "union", and Russell Packard, attorney,
National Labor Relations Board, hereinafter referred to as the
"Board", that :
I
Upon a Charge filed by the union, the Board, by Charles A.
Graham, Regional Director for the Thirteenth Region, Chicago,
Illinois, acting pursuant to authority granted in Section 10 (b)
of the National Labor Relations Act, hereinafter referred to as
the "Act", and acting pursuant to its Rules and Regulations, Series
2, as amended, issued its Complaint and Notice of Hearing on
July 7, 1941, against the respondent. Thereafter, on July 17,
1941, the Board, through the Regional Director, issued an Order
continuing the hearing until July 28, 1941.
III
Respondent and the union acknowledge service of the Com-
plaint, Notice of hearing, Charge, Order continuing Hearing,
and a copy of the Board's Rules and Regulations, Series 2, as
amended, and expressly waive further pleadings, hearing, and the
making of findings of fact and conclusions of law by the Board.
III
Respondent is an Illinois corporation and has its principal
office and place of business in Moline, Illinois.
IV -
Respondent is engaged in the manufacture, sale and distribution
of heating, ventilating and air conditioning equipment. During
the first quarter of the year 1941 respondent purchased raw mate-
rials valued at approximately $179,000.00, of which sum approxi-
mately seventy five per cent (75%) were shipped from points
outside the State of Illinois to respondent's plant in the State of
Illinois. During the same period respondent sold and distributed
products of its plant valued at approximately $232,000.00, of
296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which sum approximately $205,000.00 worth was sold and trans.
ported from respondent's plant in the State of Illinois to points
outside the State of Illinois.
V
Respondent concedes that its operations affect commerce within
the meaning of Section 2 (6) and (7) of the Act.
VI
The union is a labor organization within the meaning of Section
2 (5) of the Act.
VII
This Stipulation, together with the Charge, Complaint, Notice
of Hearing, Order continuing Hearing, Answer, and a copy of the
Board's Rules and Regulations, Series 2, as amended, may be filed
with the Chief Trial Examiner of the Board at Washington, D. C.,
and when so filed shall constitute the entire record in the proceed-
ings herein.
VIII
It is further stipulated that upon the entire record in this case,
as set forth in paragraph 7 hereof, an Order may be forthwith
entered by the Board, providing as follows :
1. The respondent, Herman Nelson Corporation, its officers,
agents, successors, and assigns, shall cease and desist from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of their right to self-organi-
zation, to form, join, or assist labor organizations, to bar-
gain 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;
(b) Discouraging membership in the International Associa-
tion of Machinists or any other labor organization of its
employees by discharging or laying off or refusing to re-
instate any of its employees because of membership or
activity in any such labor organization, or because of
the exercise by any of its employees of their right to
engage in concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection.
2. The respondent, its officers, agents, successors and assigns
shall take the following affirmative action to effectuate the
policies of the Act :
HERMAN NELSON CORPORATION 297
(a) Make whole Kenneth W. Johnson for any loss of pay he
may have suffered by reason of the discrimination against
him, by payment to him of a sum of money equal to the
amount which he would normally have earned as wages
during the period the respondent discriminated against
him, less his net earnings during such period;
(b) Post immediately in conspicuous places throughout its
plants and maintain for a period of at least sixty (60)
consecutive days, notices that the respondent will cease
and desist in the manner aforesaid, and will take the
aforesaid affirmative action.
(c) Notify the Regional Director for the Thirteenth Region,
Chicago, Illinois, in writing, within ten (10) days from
the date of this Order what steps the respondent has taken
to comply herewith.
IX
The parties hereto consent to the entry by any United States
Circuit Court of Appeals of an enforcement order embodying the
terms of the Board's order agreed to above, and all parties hereby
waive further notice of the application for and the entry of such
Court order.
X
All stipulations herein made are subject to the approval of the
Board and shall become effective immediately upon the granting
of such approval.
XI
Respondent admits only such allegations of the Complaint as
are admitted in its Answer and is entering into this stipulation
only for the purpose of bringing about a speedy and amicable
conclusion to all proceedings before the Board in this case. It
is further stipulated and agreed that no finding has been made
or is herein made that respondent has committed the unfair labor
practices alleged in the Complaint,' or any of them; the parties
hereto having herein expressly agreed to waiving the making of
findings of fact and conclusions by the Board.
XII
It is further stipulated that the words "cease and desist" here-
inbefore used in the order to be entered, shall not be construed
as an admission by respondent that the unfair labor practices
alleged in the Complaint were committed.
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
XIII
It is further agreed that this stipulation is entered into only
for use in the above entitled proceeding and is to be in no wise
binding upon or used to the prejudice of the parties hereto in any
proceeding or proceedings other than the one herein involved,
except that it may be used in any subsequent enforcement, con-
tempt, or other litigation arising out of the above entitled
matter.
XIV
This stipulation contains the entire agreement between the
parties, there being no agreement of any kind, verbal or other-
wise, which varies, alters, or adds to this stipulation.
On August 4, 1941, 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 Regu-
lations-Series 2, as amended, transferring the proceeding to the
Board for the purpose of entry of a decision and order 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
I. THE BUSINESS OF THE RESPONDENT
Herman Nelson Corporation is an Illinois corporation with its
principal office and place of business at Moline, Illinois, where it is
engaged in the manufacture, sale, and distribution of heating, venti-
lating, and air conditioning equipment. During the first quarter
of 1941, the respondent purchased raw materials valued at about
$179,000, about 75 per cent of which were shipped to it from points
outside the State of Illinois. During the same period, the respond-
ent sold and distributed finished products valued at about $230,000,
about $205,000 worth of which were shipped by it to points outside the
State of Illinois. The respondent admits that its operations affect
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
HERMAN NELSON CORPORATZON 299
National Labor Relations Act, the National Labor Relations Board
hereby orders that-Herman Nelson Corporation, Moline, Illinois, its
officers, agents, successors, and assigns shall :
1. Cease and desist from : _
(a) 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 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;
(b) Discouraging membership in International Association of
Machinists or any other labor organization of its employees by dis-
charging or laying off or refusing to reinstate any of its employees
because of membership or activity in any such labor organization, or
because of the exercise by any of its employees of their right to
engage in concerted activities for the purpose of collective bargaining
or other mutual aid or protection.
2. Take the following affirmative action which will effectuate the
policies of the Act :
(a) Make whole Kenneth W. Johnson for any loss of pay he may
have suffered by reason of the discrimination against him, by pay-
ment to him of a sum of money equal to the amount which he nor-
mally would have earned as wages during the period the respondent
discriminated against him, less his net earnings during such period ;
(b) Post immediately in conspicuous places throughout its plant
and maintain for a period of at least sixty (60) consecutive days,
notices that the respondent will cease and desist in the manner afore-
said and will take the aforesaid affirmative action;
(c) Notify the Regional Director for the Thirteenth Region, Chi-
cago, Illinois, in writing, within ten (10) days from the date of this
Order what steps the respondent has taken to comply herewith.
MR. EvwiN S. SMITH took no part in the consideration of the above,
Decision and Order.