H.L. Robinson Co.

National Labor Relations Board - Board Decisions

Dec 17, 1940

28 N.L.R.B. 644 (N.L.R.B. 1940)

In the Matter of H. L. ROBINSON COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 48, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR -
Case No. C-1749.-Decided December 17, 1940
Jurisdiction : neon sign manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. 0. A. Rieman, of San Francisco, Calif., for the Union.
Mr. C. X. Bollenback, of Portland, Oreg., for the respondent.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Brotherhood of Electrical Workers, Local No. 48, 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 Nineteenth Region (Seattle, Washington), issued
its complaint, dated November 7, 1940, against H. L. Robinson, doing
business under the firm name and style of H. L. Robinson Company,
Portland, Oregon, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices Within the meaning of Section 8 (1) and (3) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act.
The complaint alleged in substance that (1) the respondent de-
moted Bruce Calhoun, an employee, to a less desirable position on
or about May 13, 1940, discharged him on July 26, 1940, and there-
after refused to reinstate him, because he joined and assisted the
Union; (2) since February 1940 the respondent has warned his em-
ployees that the plant would close if they joined or assisted the
Union, questioned them regarding their union affiliation, and dis-
28 N. L. R. B.. No. 95.
644
H. L. ROBINSON COMPANY 645
garaged labor organizations; and (3) by these and other acts the
respondent interfered with, restrained, and coerced his employees in
the exercise of rights guaranteed in Section 7 of the Act. -
On November 19, 1940, the respondent filed an answer to the com-
plaint, admitting certain allegations regarding the nature and scope
of his business, but denying that he had engaged in the alleged unfair
labor practices.
Pursuant to notice, a hearing was held on November 28 and 29,
1940, at Portland , Oregon, before Peter F. Ward, the Trial Examiner
duly designated by the Board. The Board and the respondent were
represented by counsel, the Union by a representative. Shortly after
its commencement , the hearing was recessed to permit the parties to
attempt to settle the case without further hearing . On November
29, 1940, the parties entered into a stipulation proposing settlement of
the case. This stipulation was introduced into evidence and the hear-
ing was adjourned indefinitely pending the Board's approval thereof.
The stipulation provides as follows :
It is hereby stipulated by and between H . L. Robinson , doing -
business under the assumed business name of H. L. Robinson
Company, hereinafter referred to as respondent , by and through
his attorney , C. X. Bollenback ; International Brotherhood of
Electrical Workers, Local No. 48 , hereinafter referred to as the
union, by and through its International Representative, O. A.
Rieman ; and Thomas P. Graham, Jr., attorney for the National
Labor Relations Board, Nineteenth Region. Whereas, upon
charges and amended charges duly filed by the union , the Na-
tional Labor Relations Board, hereinafter referred to as the
Board by the Regional Director for the Nineteenth Region,
pursuant , to authority granted in Section 10 (b) the National
Labor Relations Act (49, statute 449) and its rules and regula-
tions Series 2 as amended , Article 4 , Section 1, on the seventh
day of November , 1940 issued its complaint against the respond-
ent, alleging that the respondent had committed unfair labor
practices in violation of Section 8, Subsection 1 and 3 of the
National Labor Relations Act.
I
The respondent is engaged in the manufacture , leasing and
servicing of neon signs and does business under the assumed
business name of H. L. Robinson Company. The principal place
of business and office of the respondent are located in Portland,
Oregon.
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II
The respondent has approximately 1250 neon signs which the
respondent manufactured in the State of Oregon, 900 of which
are leased by the respondent to customers in the State of Oregon
and has approximately 350 neon signs which the respondent has
leased to customers in the State of Washington.
III
During the year 1939 the respondent manfactured approxi-
mately 350 neon signs and during the first nine months of the
year 1940 the respondent manufactured approximately 270 neon
signs. Of the signs manufactured by the respondent each year
approximately 25 % of the signs are sold or leased to customers
located in states other than the State of Oregon. The annual
valuation of the products manufactured by the respondent is
approximately $100,000.00. The respondent owns and operates
five trucks, which are used in the maintenance and servicing of
neon signs. The maintenance employees travel in these trucks
from Portland, Oregon to other parts of Oregon and to and
into the State of Washington for the purpose of installing and
maintaining neon signs. The respondent has about four main-
tenance employees who spend approximately 50% of their work-
ing time in the State of Oregon and 50% of their working time
in the State of Washington.
IV
The respondent uses annually approximately 7,200 lbs. of glass
tubing which is manufactured in Corning, New York. The
respondent uses annually approximately 35 liters of gas manu-
factured in Chicago, Illinois and Buffalo, New York, and approxi-
mately $200.00 of electrodes which are manufactured in Chicago,.
Illinois and Newark, New Jersey. These materials are all pur-
chased from the'Decla Sales Company in Portland, Oregon. The
Decla Sales Company is an international distributing company.
The respondent uses approximately 2 tons of sheet metal annually.
The sheet metal is manufactured in states other than the State of
Oregon and is purchased by the respondent in Portland, Oregon.
V
The respondent employs approximately 18 employees, 4 of
whom are engaged in office work and 14 in production and main-
tenance work.
H. L. ROBINSON COMPANY
VI
647
The respondent, solely for the purpose of this proceeding, admits
that he is engaged in commerce within the meaning of the Act
and the decisions of the Supreme Court thereunder.
VII
International Brotherhood of Electrical Workers, Local 48,
affiliated with the American Federation of Labor, is a labor organ-
ization within the meaning of the Act.
VIII
This stipulation, together with the various pleadings, the tran-
script of the proceedings taken and the exhibits introduced in
evidence, shall constitute the record in this case upon which the
Board may enter its order and upon which any Circuit Court of
the United States may enforce the order which the Board may
enter.
IX
The taking of testimony in this proceeding and the making of
findings of fact and the conclusions of law by the Board pursuant
to the provisions of the Act are hereby expressly waived by the re-
spondent and the union, and the Board's order as herein provided
shall have the same force and effect as if made after a full hearing
on presentation of evidence in the making of findings thereon.
X
While denying that he has violated in the past any of the pro-
visions of the Act, the respondent expressly consents that upon
this stipulation and the record herein an order may forthwith be
made and entered by the Board as follows :
Respondent, H. L. Robinson, his agents, officers, successors and
assigns, shall
1. Cease and desist from :
(a) In any manner interfering with, restraining; or coerc-
ing his employees in the exercise of the right to self organiza-
tion, 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 Local 48, chartered by the
International Brotherhood of Electrical Workers, affiliated,
648 DECISIONS OF NATIONAL LABOR RELATIONS 130ARD
with the American Federation of Labor, or in any other labor
organization of its employees, by demoting, discharging or
threatening to discharge, or refusing to reinstate any of his
employees, or in any other manner discriminating in regard
to his employees' hire and tenure of employment or any term
or condition of their employment, for joining or assisting said
Local 48 or any other labor organization of his employees;
(c) Permitting his foremen or other supervisory employees
to urge, pursuade or warn his employees for the purpose of
influencing or coercing them in their choice of a labor
organization.
2. Take the following affirmative action in order to effectuate
the policies of the Act :
(a) Post immediately and keep posted in, a conspicuous
and prominent place in his Portland, Oregon factory and
maintain for a period of at least 60 consecutive days from
the date of posting a notice to his employees stating (1) that
the respondent will 'not engage in the conduct from which
he is ordered to cease and desist in Paragraph 1 (a), (b) and
(c) of this order and .(2) that the respondents employees are
free to become or remain members of Local 48 and that the
respondent will not discriminate against any employee be-
cause of membership or activity in that organization ;
(b) Notify the Regional Director for the Nineteenth Region
in writing within ten days from the date of, the order of the
Board what steps have been taken to comply therewith.
XI
It is further stipulated that the appropriate United States
Circuit Court of Appeals may upon application of the Board
enter a decree enforcing the aforesaid order of the Board, all
parties expressly waiving their right to contest entry of such
decree in the appropriate United States Circuit Court of Ap-
peals and further expressly waiving their right to receive notice
of the filing by the Board of an application for the entry of
such decree.
XII
It is further stipulated and agreed that Bruce Calhoun 'has
received substantially equiyalent employment elsewhere and is
not desirous of being reemployed by the respondent at his for-
mer position, and it is further stipulated that Paragraph VI of
the complaint shall be dismissed.
H. L. ROBINSON COMPANY 649
XIII
This stipulation is subject to the approval of the Board after
submission of the same to the Board at Washington , D. C. If,
this stipulation is not approved by the Board, it shall be with-
out prejudice and shall not be used as evidence against any
of the parties.
XIV
This stipulation contains the entire agreement- of the parties,
and there are no verbal agreements which violate, alter or modify
this stipulation.
On December 9, 1940 , the Board issued and duly served on the
parties an order approving the stipulation , making it a part of the
record in this case , and, in accordance with Article II, Section 36,'
of National Labor Relations Board Rules and Regulations-Series
2, as amended , transferring the case to and continuing it before the
Board for the purpose of entry of a decision and order pursuant to
the provisions of the stipulation.
Upon the basis of the stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
The respondent , H. L. Robinson , is an individual doing business
under the firm name and style of H. L. Robinson Company, and
his office and principal place of business is in Portland, Oregon.
He is engaged in the manufacture , leasing, and , servicing of neon
signs, and he-employs approximately 18 employees . The respondent
uses annually approximately 7,200 pounds of glass tubing , approxi-
mately 35 liters of gas, electrodes valued at approximately $200, and
two tons of sheet metal , all of which are manufactured outside Ore-
gon and are purchased by the respondent from distributing agencies
located in Portland . The respondent manufactures annually neon
signs valued at approximately $100,000, about 25 per cent of which
are sold or leased to customers outside Oregon. The respondent owns
approximately 1,250 signs, of which about 350, or 28 , per cent, are
,leased to persons outside Oregon. The respondent employs about
four maintenance employees who spend approximately 50 per cent
of their working time installing and maintaining signs outside Ore-
gon, using for these purposes five trucks owned by the respondent.
The respondent admits, for the purpose of this proceeding , that he
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.'
650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact, the 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 the respondent, H. L. Robinson, his agents,
officers, successors and assigns, shall
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing his
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 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 Local 48, chartered by the Inter-
national Brotherhood of Electrical Workers, affiliated with the
American Federation of Labor, or in any other labor organization
of its employees, by demoting, discharging or threatening to dis-
charge, or refusing to reinstate any of his employees, or in any other
manner discriminating in regard to his employees' hire and tenure
of employment or any term or condition of their employment, for
joining or assisting said Local 48 or any other labor organization of
his employees;
(c) Permitting his foremen or other supervisory employees to urge,
persuade or warn his employees for the purpose of influencing or
coercing them in their choice of a labor organization.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(6-) Post immediately and keep posted in a conspicuous and prom-
inent place in his Portland, Oregon factory and maintain for a period
of at least 60 consecutive days from the date of posting a notice to
his employees stating (1) that the respondent will not engage in the
conduct from which he is ordered to cease and desist in Paragraph
1 (a), (b) and (c) of this order and (2) that the respondent's
employees are free to become or remain-members of Local 48 and that
the respondent will not discriminate against any employee because of
membership or activity in that organization;
(b) Notify the Regional Director for the Nineteenth Region in
writing within ten days from the date of the order of the Board
what steps have been taken to comply therewith.
AND IT IS FURTHER ORDERED that paragraph VI of the complaint be,
and it hereby is, dismissed.