Kirkham Engineering and Manufacturing Corp.

National Labor Relations Board - Board Decisions

Jan 2, 1940

19 N.L.R.B. 9 (N.L.R.B. 1940)

In the Matter Of KIRKHAM ENGINEERING AND MANUFACTURING CORPO-
RATION and LOCAL 661 AIRCRAFT, UNITED AUTOMOBILE WORKERS OF
AMERICA, C. I. O.
Case No. C-1441.=Decided January 2, 1940
Aircraft and Engine Parts Manufacturing Industry-Settlement : stipulation
providing for compliance with Act, including back pay-Order: entered on
stipulation.
Mr. Will Maslow, for the Board.
Liebman, Robbins, Pressman c Leider, of New York City, for the
Union.
Bainton, McNaughton c6 Douglas, of New York City, for the re-
spondent.
Mr. Ray Johnson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 661 Aircraft,
United Automobile Workers of America, C. I. 0., 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 on October 4, 1939, against Kirkham Engineering
and Manufacturing Corporation, Farmingdale, New York, 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) and (3) and Section 2 (6) and (7) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint and notice of hearing thereon were duly served
upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that since April 1939, the respondent, by persuading
and warning its employees to refrain from becoming or remaining
members of the Union, by threatening its employees with discharge
and other reprisals if they became or remained members of the Union,
by engaging in surveillance of the Union's activities and meetings, by
19 N. L. R. B., No. 2.
9
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
endeavoring to initiate , form, and sponsor a labor organization among-
its employees ; and by other acts, interfered with, restrained , and co-
erced its employees in the exercise of the rights guaranteed in Section.
7 of the Act, and ( 2) that on April 14, 1939, the respondent dis-
charged George Seitz, Fritz Kroger, and Charles Froberg because they
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.
On November 8, 1939, the respondent , the Union , and counsel for
the Board , entered into an agreement , and on November 21, 1939, a.
supplemental agreement , in settlement of the case . The agreement,
of settlement and the supplemental agreement of settlement provide
as follows :
AGREEMENT OF SETTLEMENT
Agreement made this 8th day of November , 1939 , by and among
the following parties :
Kirkham Engineering and Manufacturing Corporation , ( here-
inafter referred to as the employer).
Will Maslow, Attorney , National Labor Relations Board.
Local 661 Aircraft , United Automobile Workers of America,.
C. I. 0., (hereinafter referred to as the Union).
Whereas a second amended charge in the above -captioned pro-
ceeding was duly filed by the Union with the National Labor Re-
lations Board , (hereinafter referred to as the Board ), on July
6, 1939, and
Whereas a complaint in the above -captioned proceeding was
duly issued and served by the Board on August 22 , 1939, and
Whereas the parties desire to dispose of the issues created by
said complaint without the necessity of further proceedings,
Now, therefore , it is agreed by all of the undersigned parties :
1. The parties hereby waive their rights to the filing of answers,
to further proceedings before the Board, and to the making of
.findings of fact and conclusions of law by the Board.
2. The parties hereby agree to the issuance by the Board, with-
out further notice or proceedings , of an order , a copy of which is
annexed hereto as Schedule A and made part hereof , which order
shall have the same force and effect as if made after full hearing,
presentation of evidence and the making of findings of fact and
conclusions of law thereon.
3. The parties hereby consent to the - entry by an appropriate
United States Circuit Court of Appeals, without notice of the
application therefor , of an enforcement order embodying the
terms of the Board order set forth in Schedule A.
KIRKHAM- ENGINEERING AND MANUFACTURING CORPORATION 11
4. Neither the-execution of this Agreement, nor the order of
the Board, nor the order of the United States Circuit Court of
Appeals, shall be considered an admission or an adjudication that
Kirkham Engineering and Manufacturing Corporation has vio-
lated the National Labor Relations Act, or any other law of the
land.
5. This Agreement of Settlement and all pleadings in this pro-
ceeding shall be filed with the Chief Trial Examiner. of the Board
at Washington, D. C., and when so filed, shall become a part of
the record in the above-captioned proceeding.
6. The employer admits, for the purpose of this proceeding
alone, that it is engaged in commerce within the meaning of Sec-
tion 2, subdivisions (6) and (7) of the National Labor Rela-
tions Act, and likewise admits as fact the allegations in Schedule
B, annexed hereto and made a part hereof.
7. This Agreement shall not go into effect unless and until it
has received the approval of the Board.
8. The entire Agreement of Settlement is contained within the
terms of this instrument and there is no understanding of any
kind which varies, alters or adds to the terms of this Agreement
of Settlement.
SCHEDULE A
The respondent, Kirkham Engineering and Manufacturing
Corporation, its officers, agents, successors and assigns, shall:
1. Cease and desist from :
(a) In any manner discouraging membership in Local 661
Aircraft, United Automobile Workers of America, C. I. 0., or
any other labor organization, by discrimination against em-
ployees with regard to hire, tenure, or any condition or incident
of employment;
(b) Urging, persuading and warning its employees not to
become or remain members of Local 661 Aircraft, United Auto-
mobile Workers of America, C. I. 0., or any other labor organi-
zation of their own choosing;
(c) In any manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization,
to bargain collectively through representa)tides of their own
choosing, and 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) Pay to George Seitz the sum of Fifty-six ($56.00) Dollars,
to Charles Froberg the sum of One hundred and twelve ($112.00)
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dollars, and to Fritz Kroger the sum of Three hundred and
sixty-four ($364.00 ) Dollars;
(b) Immediately post copies of the following notice in con-
spicuous places in its plant at Farmingdale , New York, and
maintain such notices for a period of 30 consecutive days :
"NOTICE TO OUR EMPLOYEES
"The National Labor Relations Board having instituted a pro-
ceeding against Kirkham Engineering and Manufacturing Cor-
poration upon the complaint of Local 661 , Aircraft, United Auto-.
mobile Workers of America, C . I. 0., and Kirkham Engineering
and Manufacturing Corporation being desirous of settling said
proceeding and in the interest of harmonious relationship
with its employees , although it expressly denies that it has com-
mitted any violation of the National Labor Relations Act,
announces :
"1. That Kirkham Engineering and Manufacturing Corpora-
tion recognizes the right of its employees to self-organization,
to form, join or assist labor organizations , to bargain collectively
through representatives of their own choosing , and to engage in
other concerted activities for the purpose of collective bargain-
ing or other mutual aid or protection as guaranteed in Section 7
of the National Labor Relations Act.
"2. That Kirkham Engineering and Manufacturing Corpora-
tion will not in any manner interfere with, restrain or coerce its
employees in the exercise of the above rights."
(c) Notify in writing the Regional Director of the Board for
the Second Region, within 10 days of the receipt of a copy of
this order , setting forth in detail the steps the respondent has
taken to comply with the foregoing requirements.
SCHEDULE B
STIPULATION AND COMMERCE
1. Kirkham Engineering and Manufacturing Corporation,
hereinafter referred to as the respondent , is and has been since
November 14, 1932, a corporation duly organized under and
existing by virtue of the laws of the State of New York, having
its principal office and place of business at Farmingdale , County
of Nassau , State of New York.
2. Respondent is engaged in the manufacture , distribution and
sale of aircraft , engine parts and related products.
KIRKHAM ENGINEERING AND MANUFACTURING CORPORATION 13
3. The principal raw materials purchased for use by the re-
spondent in the manufacture of the products described above in
paragraph Q are aluminum , alloys and steel. .
4. During the first half of the year 1939, which is a repre-
sentative period in respondent 's business , approximately $40,000
or 80 per cent . of the total raw materials purchased in said period
by the respondent were shipped to the respondent 's plant in
Farmingdale , New York, from points outside the State of New
York.
5. During the first half of the year 1939, which is a repre-
sentative period in respondent 's business , 90 per cent . by value
of the total finished products manufactured and sold by respond-
ent were delivered to manufacturers within the State of New
York but for eventual use outside the State of New York.
6. Respondent is engaged in commerce within the meaning of
Section 2 , subdivisions ( 6) and ( 7) of the National Labor Rela-
tions Act.
SUPPLEMENTAL AGREEMENT OF SErrLEMENT
It is hereby stipulated and agreed by and among the following
parties that the agreement of settlement in the above captioned
proceeding , made the 8th day of November 1939, shall be and
hereby is corrected as follows :
1. By striking paragraph 4 of the agreement of settlement and
substituting in its place the following paragraph , likewise to be
known as paragraph 4:
"Neither . the execution of this Agreement , nor the order of the
Board, nor the order of the United States Circuit Court of
Appeals, shall be considered an admission that Kirkham Engi-
neering and Manufacturing Corporation has violated the Na-
tional Labor Relations Act, or any other law of the land."
II. By striking paragraph 5 of Schedule B and substituting
in its place the following paragraph, which shall likewise be
known as paragraph 5:
"During the first half of the year 1939, which is a representa-
tive period in respondent 's business , $333,421 .00, or about 90 per
cent. by value of the total finished products manufactured and
sold by respondent were delivered to manufacturers within the
State of New York but for eventual use outside the State of
New York."
On December 9, 1939, the Board issued its order approving the
agreement of settlement and the supplemental agreement . of settle-
ment, making them part of the record , and transferring the proceed-
ing to the Board for the purpose of a decision and order by the Board.
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the above agreement of settlement arid the supplemental
agreement of settlement, and the entire record in the -case, the Board
makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
- Kirkham Engineering and Manufacturing Corporation, a New
York corporation, has its principal office and place of business at
Farmingdale, New York, where it is engaged in the manufacture, dis-
tribution, and sale of aircraft, engine parts, and related products.
During the first half of 1939, the respondent purchased raw materials
valued at approximately $50,000, approximately 80 per cent of which,
amounting to $40,000 in value, were shipped to the respondent's plant
from points outside the State of New York. During the first half
of 1939, approximately 90 per cent of the products manufactured and
sold by the respondent were delivered to manufacturers within the
State of New York for eventual delivery- outside the State of New
York. The respondent admits that it 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.
ORDER
Upon the basis of the above findings of fact, agreement of settle-
ment, and supplemental agreement of settlement, and pursuant to
Section 10 (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that Kirkham Engineering and
Manufacturing Corporation, Farmingdale, New York, and its officers,
agents, successors, and assigns shall :
1. Cease and desist from :
(a) In any manner discouraging membership in Local 661 Aircraft,
United Automobile Workers of America, C. I. 0., or any other labor
organization, by discrimination against employees with regard to
hire, tenure, or any condition or incident of employment;
(b) Urging, persuading and warning its employees not to become
or remain members of Local 661 Aircraft, United Automobile Workers
of America, C. I. 0., or any other labor organization of their own
choosing;
(c) In any manner interfering with, restraining, or coercing its em-
ployees in the exercise of their rights to self-organization, to bargain
collectively through representatives of their own choosing, and engage
in concerted activities for the purpose of collective bargaining or other
mutual aid or protection.
KIRKHAM ENGINEERING AND MANUFACTURING CORPORATION 15
2. Take the following affirmative action which will effectuate the
policies of the Act:
(a) Pay to George Seitz the sum of Fifty-six ($56.00) Dollars, to
Charles Froberg the sum of One hundred and twelve ($112.00) Dol-
lars, and to Frifz Kroger the sum of Three hundred and sixty-four
($364.00) Dollars;
(b) Immediately post.copies of the following notice in conspicuous
places in its plant at Farmingdale, New York, and maintain such
notices for a period of 30 consecutive days :
NOTICE TO OUR EMPLOYEES
The National Labor Relations Board having instituted a pro-
ceeding against Kirkham Engineering and Manufacturing Cor-
poration upon the complaint of Local 661, Aircraft, United
Automobile Workers of America, C. I. 0., and Kirkham Engi-
neering and Manufacturing Corporation being desirous of
settling said proceeding and in the interest of harmonious rela-
tionship with its employees, although it expressly denies that it
has committed any violation of the National Labor Relations Act,
announces :
1. That Kirkham Engineering and Manufacturing Corporation
recognizes the right of its employees to self-organization to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in other
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.
. 2. That Kirkham Engineering and Manufacturing Corpora-
tion will not in any manner interfere with, restrain or coerce its
employees in the exercise of the above rights.
(c) Notify. in writing the Regional Director of the Board for the
Second Region, within 10 days of the receipt of a copy of this order,
setting forth in detail the steps the respondent has taken to comply
with the foregoing requirements.