Johnston Pump Co. Inc.

National Labor Relations Board - Board Decisions

Mar 16, 1940

21 N.L.R.B. 681 (N.L.R.B. 1940)

In the Matter Of JOHNSTON PUMP COMPANY INC. and AMALGAMATED
ASSOCIATION OF IRON , STEEL AND TIN WORKERS OF NORTH AMERICA,
LODGE No. 1819 , THROUGH STEEL WORKERS ORGANIZING COMMITTEE
(C. I. 0.)
Case No. 0-1365.-Decided March 16, 1940
Water Pamp Manufactiirwg Industry-Settlement: stipulation providing for
compliance with the Act, including disestablishment of company -dominated
union and agreement to bargain with outside union if it receives a majority
at a consent election-Order: entered on stipulation.
Mr. David Sokol, for the Board.
Howlett and MacLaren, by Mr. Elmer H. Howlett and Mr. Tow-
son T. MacLaren, of Los Angeles, Calif., for the respondent.
Mr. Ken Hunter, of Los Angeles, Calif., for Lodge No. 1819.
111r. Milton E. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Amalgamated Association of Iron,
Steel & Tin Workers of North America, Lodge No. 1819, through
Steel Workers Organizing Committee (C. I. 0.), herein called Lodge
No. 1819,1 the National Labor Relations Board, herein called the
Board, by its Regional Director for the Twenty-first Region (Los
Angeles, California), issued its complaint, dated April 28, 1939,
against Johnston Pump Company, Inc., Los Angeles, California,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1), (2), and (5) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. The complaint, containing a notice of hear-
ing, together with a copy of the second amended charge and National
Labor Relations Board Rules and Regulations-Series 1, as amended,
was duly served upon the respondent, upon Lodge No. 1819, upon
1 The original charge was filed by Steel Workers Organizing Committee , Lodge 1819,
C. I 0
21 N. L. R. B., No. 69.
681
682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Water Pump Workers, herein called the Pump Workers,
upon Central Labor Council, and upon Los Angeles Industrial
Union Council.
With respect to the unfair labor practices, the complaint alleges,
in substance, that the respondent (1) on or about June 23, 1937, and
on or about April 22, 1938, and at all times thereafter, refused to bar-
gain collectively with Lodge No. 1819 as the exclusive representative
of all the respondent's employees in a certain unit appropriate for the
purposes of collective bargaining at its plant located at Los Angeles,
California; (2) on or about July 15, 1938, and thereafter, dominated
and interfered with the formation and administration of, and con-
tributed financial and other support to, the Pump Workers, a labor
organization at the said plant; and (3) since June 1, 1937, urged,
persuaded, and warned its employees to refrain from joining Lodge
No. 1819 or remaining members thereof, threatened them with dis-
charge if they became or remained members thereof, urged its
employees to become members of the Pump Workers, engaged in
espionage, and otherwise interfered with, restrained, and coerced
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
The respondent thereafter filed its answer, denying that it had
engaged in any of the alleged unfair labor practices and affirmatively
alleging that the Board did not have jurisdiction in the premises.
Pursuant to notice, a hearing was held at Los Angeles, California,.
on May 11, 12, 15, and 16, 1939, before John T. Lindsay, the Trial
Examiner duly designated by the Board. The Board and the respond-
ent were represented by counsel, and Lodge No. 1819 was represented
by its international representative, and participated in the hearing.'
On September 18, 1939, the Trial Examiner filed his Intermediate
Report, copies of which were served on the respondent, on Lodge No.
1819, and on the Pump Workers, in which he found that the respond-
ent had engaged in the unfair labor practices alleged in the complaint
and recommended that the respondent cease and desist therefrom and
take certain affirmative action.'
2 At the opening of the hearing , Pattern Makers Association appeared by its business
manager, and International Association of Machinists by its business agent . These rep-
resentatives were severally advised by the Trial Examiner of their right to file a written
motion to Intervene , but they subsequently informed the Trial Examiner that they had
decided not to do so. These two organizations did not make any further appearance at
the hearing The Pump workers appeared by their secretary-treasurer throughout the
hearing, but did not tile a motion to nrterNene
3 The Intermediate Report also stated that the Trial Examiner gave the Punip workers
the privilege of intervening and of securing counsel, but that their secretary-treasurer
replied that it was not desired to do so. The Pump workers, although served with a copy
of the Intermediate Report, did not file any exceptions thereto
JOHNSTON PUMP COMPANY, INC. 683
On September 28, 1939, an order ivas issued, copies of which were
served on all parties, transferring the case to the Board.4
Pursuant to two extensions of time granted therefor, the respondent
on November 30, 1939, filed its Statement of Exceptions to the Inter-
mediate Report and other parts of the record.
On February 15, 1940, the respondent, Lodge No. 1819, and counsel
for the Board entered into the following stipulation in settlement
of this case:
STIPULATION
It is hereby stipulated and agreed, by and between Johnston
Pump Company, Inc., Respondent herein ; Amalgamated As-
sociation of Iron, Steel and Tin Workers of North America,
Lodge No. 1819, through Steel Workers Organizing Committee,
C. I. 0., party herein ; and Weldon P. Monson, Attorney for the
National Labor Relations Board, that :
I. Upon charges and amended charges filed by the Amalgam-
ated Association of Iron, Steel and Tin Workers of North
America, Lodge No. 1819, through Steel Workers Organizing
Committee, C. I. 0., sometimes hereinafter referred to as the
Union, the National Labor Relations Board, by the Regional
Director for the Twenty-first Region, acting pursuant to au-
thority granted in Section 10 (b) of the National Labor Rela-
tions Act, 49 Stat. 449, and its Rules and Regulations, Series I,
as amended, Article IV, Section I, issued its Complaint on the
Twenty-eighth day of April, 1939, against the Johnston Pump
Company, Inc.
II. On or about September 18, 1939, John T. Lindsay, Trial
Examiner, designated to conduct a hearing in the above case, duly
-rendered his Intermediate Report after a hearing in which all
parties were represented and afforded an opportunity to fully
participate and to be heard in the proceeding. Copies of said
Intermediate Report were duly served upon all parties to said
proceeding.
On or about November 28, 1939 , the Respondent, Johnston
Pump Company, Inc., filed Exceptions to said Intermediate
Report, which it hereby withdraws and stipulates further that
the record may be closed for the purpose of effectuating the terms
of this Stipulation.
III. Respondent, Johnston Pump Company, Inc., is and has
been for a long period of time a Corporation incorporated under
4 Copies of this order were also served on the Pump Workers , on Pattern Makers Asso-
ciation , on International Association of Machinists , on Central Labor Council, and on
Los Angeles Industrial Union Council.
684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the laws of the State of California, with a factory at Los Angeles,
California, and agencies in Kansas and New Mexico. It also has
a stock in Chicago and dealer in New York.5 Respondent's sales-
men operate out of Los Angeles and Tulare, California; Dodge
City, Kansas; and Rockwell, New Mexico. Respondent manu-
factures, sells and distributes water pumps and deep-well turbine
pumps for irrigation, municipal and industrial use. The raw
materials used by Respondent in the manufacture of its products
consist of steel, steel castings, brass, bronze, cast iron and pig iron.
The principal means used by Respondent in transporting its
products are by railroads and water.
(a) Between January 1, 1937 and January 1, 1938, the sales
of the Respondent amounted to approximately $873,165.12, of
which $466,658.53 was sold and shipped to States other than the
State of California and foreign countries.
(b) During the year 1937, Respondent purchased raw ma-
terials valued at $133,790.27, and for the first seven nionths of
1938, $30;204.69, and that of these total purchases approximately
ten percent is in the form of steel, which is purchased locally
from the Earle Jorgenson Company, but is cast outside of the
State of California and is brought into the State of California
by means of rail ; that further, of the total purchases of ma-
terials used in the manufacture, approximately 20 percent is
in the form of cast iron which is purchased locally from the
Dayton and Waldrip Company. However, the original source
of the pig iron is outside of the State of California; that of
the other materials used, brass comes from the Atlas Brass
Foundry, located in Los Angeles.
(c) The percentages of sales made in the State of California,
and outside the State of California during the year 1938 and
up to this date in 1940, have,been approximately the same per-
centages as 'the sales • made in California and, outside" the State
of California during the year 1937. Respondent sells and ships
some of its manufactured products to foreign countries.
(d) The Respondent sells its finished products through agents,
dealers and salesmen located in the State of California and
States other than the State of California. The Respondent
advertises its finished products in magazines having national
circulation. Respondent, Johnston Pump Company, Inc. is
engaged in interstate commerce within the meaning' of the
National Labor Relations Act.
6 Sic.
JOHNSTON PUMP COMPANY, INC. 685
IV. The Amalgamated Association of Iron, Steel and Tin
Workers of North America, Lodge No. 1819, through Steel
Workers Organizing Committee, and the United Water Pump
Workers are labor organizations within the meaning of the Act.
V. Upon this Stipulation, if approved by the National Labor
Relations Board, and all the proceedings heretofore had in this
matter, and on the record in this case, and the pleadings, an
Order may forthwith be entered by said Board, which Order
may be embodied in a Consent Decree, consent thereto being
hereby expressly given, and entered with the United States
Circuit Court of Appeals for the Ninth Circuit, providing as
follows :
The Respondent, Johnston Pump Company, Inc. and its offi-
cers, agents, successors and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in the Amalgamated Associa-
tion of Iron, Steel and Tin Workers of North America, Lodge
No. 1819, or any other labor organization; and from dominating
or interfering with the formation or administration of the
United Water Pump Workers, a labor organization, or any
other labor organization, and from contributing financial or
other support to said United Water Pump Workers, or any other
labor organization;
(b) In any other manner interfering with, restraining or coerc-
ing its employees in the exercise of the right of self organization,
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 purpose of collective bar-
gaining, or other mutual aid or protection, as guaranteed under
Section 7 of the National Labor Relations Act; ,
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from the United Water Pump
Workers as a representative of its employees for the purpose of
dealing with the Respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, and other condi-
tions of employment, and completely disestablish the above named
United Water Pump Workers;
(b) Post immediately in conspicuous places in its plant at
Los Angeles, California, and maintain for a period of at least
sixty (60) consecutive days, notices to its employees, stating:
(1) that Respondent will cease and desist in the manner afore-
said; (2) that Respondent has withdrawn all recognition from
686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the United Water Pump Workers as the representative of
Respondent's employees, for the purpose of dealing with the
Respondent, concerning grievances, labor disputes, wages, rates
of pay, hours of employment or other conditions of employment,
and that said United Water Pump Workers is completely dis-
established as such representative;
(c) File with the Regional Director for the Twenty-first
Region, within ten (10) days from the date of the entry of this
Order, a report in writing, setting forth in detail the manner
and form in which it has complied with the foregoing
requirements.
VI. It is further stipulated and agreed, that an election will
be conducted by the National Labor Relations Board, at any
time within 90 days from the date of the approval of this Stipu-
lation by the Board, upon request of the Union, and by consent
of the Respondent, for the purpose of determining exclusive
representatives for collective bargaining among the production
and maintenance employees, exclusive of clerical help, office
force, foremen, representatives and officials of said Compny,in
Respondent's Los Angeles plant.
(a) All of the Respondent's production and maintenance
employees, exclusive of clerical help, office force, foremen, repre-
sentatives and officials of said Company at its Los Angeles plant
shall constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act and only said production and maintenance
employees shall be eligible to participate and vote in said
election ;
(b) The Name of the "Amalgamated Association of Iron,
Steel and Tin Workers of North America, Lodge No. 1819, "here-
inbefore referred to as the Union, shall appear alone on a
"Yes"-"No" ballot at such election.
VII. It is further stipulated and agreed, that Respondent will
recognize the Union, in the event that it proves a majority repre-
sentation at such election; as the exclusive representative of its
employees in the unit described above, immediately upon the
certification of the results of the election herein provided by the
National Labor Relations Board, or its agents, and Respondent
will meet, deal, and negotiate in good faith with the represent-
atives of the Union duly designated for that purpose, concern-
ing rates of pay, wages, hours of employment, and other terms
and conditions of employment, as provided by the Act.
VIII. It is further stipulated and agreed that the United
States Circuit Court of Appeals, for the Ninth Circuit, may,
JOHNSTON PUMP COMPANY, INC. 687
upon application of the National Labor Relations Board, enter
a Decree, the form of which has heretofore been approved by
Respondent, enforcing the aforesaid Order of the Board.
Respondent hereby expressly waives its right to contest the entry
of said approved Decree in said Circuit Court of Appeals.
IX. It is further understood and agreed, that this Stipulation
embodies the entire agreement between the parties and that
there is no verbal agreement of any kind, which varies, alters
or adds to the Stipulation.
X. And it is further understood and agreed, that this Stipu-
lation is subject to the approval of the National Labor Relations
Board and shall become effective immediately upon the granting
of such approval.
On February 29, 1940, the Board issued an order approving the
foregoing stipulation and making it a part of the record.
Upon the foregoing stipulation and the entire record in the case,
the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a California corporation, and is engaged in the
manufacture, sale, and distribution of water pumps and deep-well
turbine pumps for irrigation and municipal and industrial uses.
The respondent maintains a factory at Los Angeles, California,
agencies in Kansas and New Mexico, stock in Chicago, Illinois, and
a dealer in New York City.
In the calendar year 1937, the respondent's sales totaled approxi-
mately $873,165.12, of which $466,658.53 represented products shipped
to points outside the State of California. Approximately the same
proportion obtains for the calendar years 1938 and 1939 and the
period of 1940 up to February 15, the date of the stipulation, but
the record does not disclose the total amounts of such sales. In the
calendar year 1937, the respondent purchased raw materials valued
at $133,790.27, and during the first 7 months of 1938 it purchased raw
materials valued at $30,204.69. Approximately 10 per cent of these
purchases are in the form of steel, and are made locally, although
the steel is cast outside the State of California; and approximately
20 per cent are in the form of cast iron, and are made locally,
although the original source of the pig iron is outside the State of
California.
The respondent stipulated and we find that it is engaged in coln-
inerce, within the meaning of the Act.
688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact, the entire record
and the stipulation, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent, Johnston Pump Company, Inc., Los
Angeles, California, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in the Amalgamated Association
of Iron, Steel and Tin Workers of North America, Lodge No. 1819,
or any other labor organization; and from dominating or interfering
with the formation or administration of the United Water Pump
Workers, a labor organization, or any other labor organization, and
from contributing financial or other support to said United Water
Pump Workers, or any other labor organization ;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right of 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 purpose of collective bargaining, or other
mutual aid or protection, as guaranteed under Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from the United Water Pump
Workers as a representative of its employees for the purpose of deal-
ing with the Respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment, and other conditions of
employment, and completely disestablish the above named United
Water Pump Workers;
(b) Post immediately in conspicuous places in its plant at Los
Angeles, California, and maintain for a period of at least sixty
(60) consecutive days, notices to its employees, stating: (1) that
Respondent will cease and desist in the manner aforesaid ; (2) that
Respondent has withdrawn all recognition from the United Water
Pump Workers as the representative of Respondent's employees, for
the purpose of dealing with the Respondent, concerning grievances,
labor disputes, wages, rates of pay, hours of employment or other
conditions of employment, and that said United Water Pump Work-
ers is completely disestablished as such representative;
(c) File with the Regional Director for the Twenty-first Region,
within ten (10) days from the date of the entry of this Order, a
report in writing, setting forth in detail the manner and form in,
which it has complied with the foregoing requirements.