Leach Co.

National Labor Relations Board - Board Decisions

Jun 27, 1940

24 N.L.R.B. 1027 (N.L.R.B. 1940)

In the Matter of LEACH COMPANY and INTERNATIONAL UNION, UNITED
AUTOMOBILE `oRKERs. OF AMERICA, LOCAL No. 291 -(CIO)
Case No. C-1311
ORDER VACATING ORDER
AND
SUBSTITUTING MODIFIED ORDER
June 27,1940
On April, 20,.1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in this matter.' On
June 12, 1940, 'Leach Company, herein called the respondent, and
counsel for the Board entered into the following stipulation :
STIPULATION -
The 'National Labor Relations Board, hereinafter called the
Board, having, on April 20, 1940, issued its Order in the above-
entitled matter, and it being the desire of. the parties hereto to
dispose of the matters involved by mutual. agreement,
IT IS HEREBY STIPULATED AND AGREED by. and between the parties
hereto : V
I
The. United States Circuit Court of Appeals for the Seventh
Circuit may, upon application of the Board, enter . a Decree
modifying the aforesaid Order, of the Board as follows:
DECREE
The National Labor Relations Board, hereinafter referred to
.as the Board, pursuant to the authority conferred upon it by an
Act of Congress approved July 5, 1935 (49 Stat. 449; C. 372, 29
U. S. C. A., Sec. 151, et seq.), known as the National Labor Rela-
tions Act, having on----------------- 1940, petitioned this Court
for the enforcement of a certain order issued by the Board in a
proceeding by it against respondent, Leach Company, said pro-
ceeding being known upon the records of the Board as Case No.
C-1311, the title thereof being "In the Matter of Leach Conte
122 N. L. R. B. 1168.
24 N, L. R. B., No. 113. 1027 ,
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany and International Union, United Automobile Workers of
America, Local No. 291 (CIO),,"
IT IS HEREBY ADJUDGED, ORDERED AND DECREED , by consent of the
parties hereto, that the Order of the Board dated April 20, 1940,
be and hereby, is modified to read as follows :
ORDER
Upon the basis of the above findings of fact and conclusions
of law, and pursuant to Section 10 (c) of the National Labor
Relations Act, the National Labor Relations Board hereby orders
that the respondent, Leach Company, Oshkosh, Wisconsin, and
its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in United Automobile Workers
of America, Local No. 291, or in any other labor organization
of its employees, by discharging, laying off, or refusing to rein-
state any of its employees, or in any other manner discriminat-
ing in regard to their hire and tenure of employment or any
term or condition of their employment;
(b) In any other manner interfering with, restraining, or
coercing its employees in the, exercise of the right to self-
"organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
or to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection, as guaranteed in
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) Pay immediately and directly to each 'of the following
seven, employees the sum stated next to his name, such sum being
equal to that which he would normally have earned as wages
from the date of his discharge to May 1, 1940, less his net earn-
ings, and less his receipts for work performed upon work relief
projects of the Works Progress Administration, during the said
period
1. William Foust___________________ $990.00
2. Frank Curd------------------------------------ 1,355.09,
3. Henry Millard__________________________________ 247.50
4. Robert Millard _________________________________ 198.00
5. Eugene Hetzel__________________________________ 1,434.24
6. Leo C. Miller----------------------------------- 608.87
7. William Beson _________________________________ 1,521.77
LEACH COMPANY 1029
(b) Hold in a special account the total of the sums stated next
to the name of each of the following four employees, totalling
$3,129.85, each such sum being equal to the amount received by
the respective employee for work performed upon work-relief
projects of the Works Progress Administration, from the date of
his. discharge to May 1, 1940; and pay to the Works Progress
Administration the said,-sum of $3,129.85 in the event that the
United States Supreme Court shall, in the case of Republic Steel
Corporation vs. National Labor Relations Board, or in any other
case, rule that the National Labor Relations Board may direct the
deduction of monies received for work performed upon govern-
mental relief projects, from back pay duly awarded, and the pay-
ment of such monies to the appropriate governmental agency; but
close the said special account and retain the said $3,129.85 for its
own use, in the event that the United States Supreme Court shall,
in any such case, rule that the National Labor Relations Board
may not so direct :
1. Frank Curd -------------------------------------- $821.40.
2. Henry Millard ___________________________________ 940; 66
3. Robert Millard___________________________________ 484.32
4. Eugene Hetzel---------------------------------- _ 883.47
(c) Post immediately in conspicuous places at its plant, and
maintain for a period of at least sixty (60) consecutive days from
the day of posting, the following Notice :
"To THE EMPLOYEES OF LEACH COMPANY : .
"The Leach Company will not engage in the conduct from which
it is ordered to cease and desist in the Order of the National Labor
Relations Board of April 20, 1940, as follows :
"(a) It will not discourage membership in United Automobile
Workers of America, Local No. 291,. or in any other. labor organi-
zation of its employees, by discharging, laying off, or refusing to
reinstate any of its employees, or in any other manner discrimi-
nating in regard to their hire and tenure of employment or any
term or condition of their employment;
"(b) It will not in any other manner interfere with, restrain,
or, coerce its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, 'or to.
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection, as guaranteed in Section
7 of the National Labor Relations Act.
283035-42-vol. 24--GC
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"William Foust, Frank Curd, Henry Millard, Robert Millard,
Eugene Hetzel, Leo Miller and William Beson have waived their
right_to reinstatement and have been paid the losses incurred by
them by reason of their discharge from the employment of this
company.
"The employees of the Leach Company are free to become or
remain members of the United Automobile Workers of America,
Local No. 291, or in any other labor organization of its employees.
The Company will not discriminate against any employee because
of membership or activities in such organizations.
"This notice will remain posted for a period of sixty days.
"LEACH COMPANY."
.(d) Notify the Regional Director for the Twelfth Region, in
writing, within ten (10) days from the date of this Order what
steps the respondent has taken to comply-herewith.
IT IS FURTHER ADJUDGED, ORDERED, AND DECREED, by consent of the
parties hereto, that the Board's Order as so modified is hereby
affirmed and enforced. -
II
Respondent hereby waives its right to contest the entry of such
Decree by the aforesaid Court, and waives its right to receive
notice of the Board's application for the, entry of such Decree.
III
This Stipulation is subject to the approval of the Board and
shall become effective immediately upon the granting of such,
approval.
IV
The execution of this Stipulation by the parties thereto and the
approval of the Board shall' conclude all matters arising in this
proceeding, but shall not preclude the-taking-of any steps necessary
to procure the_entry- of the aforesaid Decree in the aforesaid Court.
V
This Stipulation contains the entire agreement of the parties,
and there is no verbal agreement of any kind which varies, alters,
or adds to, this Stipulation. .
On June 19, 1940, the Board approved said stipulation and ordered
it made part of the record-herein.
Upon the basis of the above stipulation, the pleadings, and the entire
record in the case; and pursuant to Section 10 (c) and (d) of the
LEACH COMPANY 1031
National Labor Relations Act, 49 Stat. 449, the National tabor Re-
lations Board hereby orders that its Order issued on April 20, 1940,
be, and it hereby is, vacated and further orders that a modified order
be substituted therefor, to read as follows :
ORDER
Upon the basis of the above findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Re-
lations Act, the National Labor Relations, Board hereby orders
that the respondent, Leach Company, Oshkosh, Wisconsin, and its
officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in United Automobile Workers
of America, Local No. 291, or in any other labor organization of
its employees' 'by discharging, laying off, or refusing to reinstate
any of its employees, or in any other manner discriminating in
regard to their hire and tenure of employment or any term or
condition of their employment;
(b) In any other manner interfering with, restraining, or coerc-
ing its 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, or to engage in
concerted activities for- the purposes of collective bargaining or
other mutual aid or protection, as guaranteed in 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) Pay immediately and directly to each of the following seven
employees the sum stated next to his name, such sum being equal to
that which he would normally have earned as wages from the date
of his discharge to May 1, 1940, less his net earnings, and less his
receipts for work performed upon work relief projects of the
Works Progress Administration, during the said period :
1. William Foust ------------------------ I . $990.00
2. Frank Curd------------------------------------- 1,355.09
3. Henry Millard ---------------------------------- 247.50
4. Robert Millard---------------------------------- 198.00
5. Eugene Hetzel - --------------------------------- 1, 434.24
6. Leo C. Miller------------------------------------ 608.87
7. William Beson ---- ------------------------------ 1, 521.77
(b) Hold in a special account the total of the sums stated next
to the name of each of the following four employees, totalling
$3,129.85, each such sum being-equal to the-amount received by the
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respective employee for work performed upon work relief projects
of the Works Progress Administration from the date of his dis-
charge to May 1, 1940; and pay to the Works Progress Admin-
istration the said sum of $3,129.85 in the event that the United
States Supreme Court shall, in the case of Republic Steel Corpora-
tion vs. National Labor Relations Board, or in any other case, rule
that the National Labor Relations Board may direct the deduction
of monies received for work performed upon governmental relief
projects, from back pay duly awarded, and the payment of such
monies to the appropriate governmental agency; but close the said
special account and retain the said $3,129.85 for its own use, in
the event that the United States Supreme Court shall, in any such,
case, rule that the National Labor Relations Board may not so
direct:
1. Frank Curd------- ------------------------------ $ 821.40
2. Henry Millard ----------------------------------- 040.66
3. Robert Millard ------------------ ----------------- 484.32
4. Eugene Hetzel ----------------------------------- . 883.47
(c). Post immediately in conspicuous places at its plant, and
maintain for a period of at least. sixty (60) consecutive days from
the day of posting, the following Notice:.
"TO THE EMPLOYEES OF LEACH COMPANY :
"The Leach Company will not engage in the conduct from
which it is ordered to cease and desist in the Order of the National
Labor Relations Board of April 20, 1940, as follows :
"(a)' It will not discourage membership in United Automobile
Workers of America, Local No. 291, or in any other labor.organi-
zation of its employees, by discharging, laying off, or refusing to
reinstate any of its employees, or in any other manner discrimi-
nating in regard to their hire and tenure of employment or any
term or condition of their employment;
"(b) It will not in any other manner interfere with, restrain, or
coerce its employees in the exercise of the right to self -organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, or to
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection, as guaranteed in Section
7 of the National Labor Relations Act.
"William Foust, Frank Curd, Henry Millard, Robert Millard,
Eugene Hetzel,..Leo Miller and William Beson have waived their
right to reinstatement and have been. paid the losses incurred by
them by reason of their discharge from the employment of this
company.
LEACH COMPANY 1033
"The employees of the Leach Company are free to become or
remain members of the United Automobile Workers of America,
Local No.. 291, or in .any other labor organization of its employees.
The Company will not discriminate against any employee because
of membership or activities in such organizations.
"This notice will remain posted for a period of sixty days.
LEACH COMPANY."
(d) Notify the Regional Director for the Twelfth Region, in
writing, within ten (10) days from the date of this Order what
steps the respondent has taken to comply herewith.
Mx. EDWIN S . SMITH took no part in the consideration of the above
Order, Vacating Order and Substituting Modified Order.'