Machinery Builders, Inc.

National Labor Relations Board - Board Decisions

Oct 19, 1942

44 N.L.R.B. 1324 (N.L.R.B. 1942)

In the Matter of MACHINERY BUILDERS , INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS , DISTRICT 15, A. F. OF L. '
In the Matter Of MACHINERY BUILDERS , INC. and LOCAL 1227 OF THE
UNITED ELECTRICAL, RADIO, & MACHINE WORKERS OF AMERICA,
C.I.O.
Cases Nos. C-330 and C-9331, respectively.Decided October 19,19 42
Jurisdiction : machinery parts manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Miss Helen F. Humzphrey, for the Board.
Mr. John F. Hughes and.Breed, Abbott ct Morgan, by Mr. Thornton
C. Land, and Mr. Arthur P. Lawler, of New York City, for the re
spondent. J'
Mr. Jerome Y. Sturm, of New York City, for the A. F. L.
Mr. Frank Scheiner, of New York City, for the C. I. O.
Mr. Harold Korn f eld, of New York- City, for the Independent.
Miss Mary E. Perkins, of counsel to the Board.
DECISION -
AND
ORDER
STATEMENT OF THE CASES
Upon charges and amended charges duly filed by International
Association of Machinists, District 15, A. F. of L., herein called the
A. F. L., and Local 1227 of the United Electrical, Radio, & Machine.
Workers of America, C. I. 0., herein called the C. I. 0., the National
Labor Relations Board herein called the Board, by the,Regional Direc-
tor for the Second Region, issued its complaint, dated May 30, 1942,
its supplemental complaint, dated June 11, 1942, and its amended and
supplemental complaint, dated July 6, 1942, against Machinery Build-
ers, Inc., herein called the respondent, alleging that the respondent
had engaged and was engaging in unfair labor practices affecting
44 N L. R B., No. 249.
1324
MACHINERY BUILDERS, INC. 1325
commerce, within the meaning of Section 8 (1), (2), and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. The several complaints and notices of
hearing thereon were duly served upon the respondent, the A. F. L.,
the C. I. 0., and, Independent Union of the Employees of Machinery
Builders, Inc., a labor organization alleged to be dominated `by the
respondent and herein called the Independent.
With respect to the unfair labor practices, the complaint, as amended,
alleged in substance that the respondent (1) about September 19,
1941, initiated, formed, and sponsored the Independent and thereafter
assisted and dominated it, contributed to its support, and interferred
with its administration; (2) from about September 1941, expressed
disapproval of the A. F. L. and the C. I. 0., and interrogated its
employees concerning their union affiliations; urged, persuaded, and
warned its employees to refrain from assisting or becoming or re-
Inaining members of the A. F. L. or the C. 1. 0.; and urged, persuaded,
and warned its employees to become or remain members of the Inde-
pendent; (3) about September 18,1941, discharged Oswald Salas, about
November 24, 1941, discharged Angelo Garcia, about May 15, 1942,
discharged Joseph Carco and Richard Peckjian, and about Jurie 23,
1942, discharged Fred Selling, and has since failed and refused to
reinstate these employees, because they joined or assisted the A. F. L.,
the C. I. 0., or the Independent, or engaged in concerted activities
for the purposes of collective bargaining or other mutual 'aid or pro-
tection. The respondent filed no answer and stated at the hearing
that it had no intent to do so.
Pursuant to notice, a hearing was held from July 6 through 11,
1942, at New York City, before Carl Wheaton, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board, the re-
spondent, the A. F. L., the C. 1. 0. and Independent appeared and were
represented by counsel. ' All parties participated in the hearing. A
motion of the Independent to intervene in the proceedings was granted
without objection at the beginning of the hearing.
Thereafter, the Trial Examiner filed his Intermediate Report, dated
September 15, 1942, copies of which were duly served upon all the
parties. He found that the respondent had engaged in, unfair labor
practices affecting commerce, within the meaning of Section 8 (1), (2),
and (3) and Section 2 (6) and (7) of the Act. He recommended that
the respondent cease and desist from the unfair labor practices found,
from recognizing the Independent as the representative of any of its
employees, 'and from giving effect to an agreement of June 18, 1942,
with the Independent. He further recommended that the respondent
offer reinstatement to the five employees named in the complaint and
make them whole for any loss of pay they may have suffered; and that
°1326 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
it take certain other affirmative action designed to effectuate the poli-
cies of the Act. On September 16, the Board issued its order trans-
ferring the cases to the Board and continuing them- before it.
' On October 6, 1942, the respondent, the A. F. L., the C. I. 0., the
Independent, and the Acting Regional Director for the Second Region
entered into a stipulation in settlement of the cases, subject to approval
of the Board. The stipulation provides as follows :
Upon charges and amended charges filed by International Asso-
ciation of Machinists, District 15, affiliated with the American
Federation of Labor, herein called the A. F. L., and charges filed
by Local 1227, of the United Electrical, Radio & Machine Workers
of America, C. I. 0., hereinafter called the C. I. O. the National
Labor Relations Board,'hereinafter called the Board, by the Re-
gional Director for the Second Region issued its complaint dated
May 30, 1942 and its supplemental complaint dated June 11, 1942
against Machinery Builders, Inc., hereinafter called the Respond-
ent, alleging that the Respondent had engaged in and was engag,
ing in unfair labor.practices affecting commerce within the mean-
ing of Section 8 (1), (2) and (3),and Section 2,(6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act';
a hearing having; been held, upon the complaint from July 6
through July 11, 1942 at New York City before Carl Wheaton,
the Trial Examiner duly designated by the Chief Trial Exam-
iner, and all parties to this stipulation having participated'in this
hearing by counsel or otherwise and on June 1, 1942 (sic) said
Trial Examiner issued his intermediate report and it being the
desire of the parties in the interest of national defense to adjust,
settle and dispose of all the issues outstanding in this proceeding,
IT IS HEREBY STIPULATED AND AGREED by and between the Re-
spondent,.the C. I. 0., the A. F. L., the Independent Union of the
Employees of Machinery Builders, Inc., hereinafter called the
Independent, and Alan F. Perl, Acting Regional Director for the
National Labor Relations Board, Second Region :
1. The parties hereby waive the right to file exceptions to the
above-mentioned intermediate report.
II. The Respondent is a New York corporation with its prin-
cipal office and place of business at 5-17 46th Road, Long Island
City, New, York .where it is engaged in the manufacture, sale and
distribution of metal machinery parts and related products.
During the 6-month period prior to June 1942, approximately
40 percent of the half -finished castings, cold steel, and other ma-
terials, which were used in the manufacture of machinery parts
and which the respondent purchased as raw material, was shipped
MACHINERY BUILDERS , INC. 1327
to the respondent's plant in the State of New York from places
outside of that State . During the same period the. respondent
'shipped from its plant in the State of New York approximately
75 to 80 percent of its finished products , valued at over $50,000, to
• place 's outside of that State.
III: Respondent concedes that it is engaged in,interstate com-
merce within 'the meaning of Section 2, subdivision ( 6) and (7) of
the National Labor Relations Act.
IV. The C. I. 0., the A. F.L. and the Independent are each
labor organizations within the meaning of Section 2 , subsection
'(5) of the Act.
V. All parties hereto waive any and all ' rights to any further
hearing in this - proceeding by or before the Board and waive
their rights to the making of findings of fact and conclusions of
law by the Board except as hereinafter set forth.
VI. It is hereby agreed by and between the parties that without
further- and other procedure before the Board to which the parties
may be entitled under the National Labor. Relations Act or the
Rifles and Regulations of the Board that the Board,may upon
the basis of the entire record in the case and this stipulation make
findings of fact and conclusions of law and issue an order sub-
stantially in the following form :
ORDERED
Respondent , its officers , agents, successors and assigns shall :
1. Cease and desist from :
(a) Dominating or interfering with the administration of In-
dependent Union of the Employees of Machinery Builders, Inc.,
or with the formation or administration of any other labor organi-
zation, and from contributing support to said labor organization,
or to any other labor organization;
(b) Recognizing the Independent Union of the Employees of
Machinery Builders , Inc., as the representative of any of its em-
ployees for the purpose of dealing with the respondent concerning
grievances , labor disputes , wages, rates of pay, hours of employ-
ment, or other conditions of employment;
(c) Giving effect to the agreement of June 18 , 1942, with the
Independent Union of the Employees of Machinery Builders,
Inc., or to any extension , renewal, modification , or supplement
thereof, or to any superseding contract which may now be in
force;
(d) Discouraging membership in International Association of
Machinists , District 15, A. F . L., Local 1227 of the United Elec-
trical, Radio & Machine Workers of America , C. I. 0., or any
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other labor organization of its employee, 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;
(e) In any other manner 'interfering with, restraining, or
coercing its employees in the exercise of the right to self-organi-
zation, to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or^ protection as guaranteed in
Section 7 of the Act.
2. Take the following affirmative action to effectuate the poli-
cies and purposes of the National Labor Relations Act :
(a) Withdraw all recognition from Independent Union of the
Employees of Machinery Builders, Inc., as representative of any
of its 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 com-
pletely disestablish Independent Union of the Employees of
Machinery Builders, Inc., as such representative;
(b) Offer to Joseph Carco, Angelo Garcia, Richard. Peckjian,
Oswald Salas, and Fred Selling immediate and full reinstate-
ment to their former or substantially equivalent positions with-'
out- prejudice to their seniority and other rights and privileges
and make them whole for any loss of pay they may have suffered
by reason of the respondent's discrimination against them, by
payment to each of them of a,sum of money equal to that which
he normally would have earned as wages from the date of his
discharge or lay-off to the date of the offer of reinstatement, less
,his net earnings during said period;
(c) Post immediately in conspicuous places in its plant at
5-17 46th Road, Long Island City, New York, and maintain
for a period of at least sixty (60) consecutive days from the date
of posting, notices to its employees stating : (1) that the re-
spondent will not engage in conduct from which it, is recom-
mended that it cease and desist in paragraph 1 (a), (b), (c),
(d), and (e) of these recommendations; (2) that the respondent
will take the affirmative action set forth in paragraph 2 (a) and
(b) of these recommendations, and that its employees are free
to remain or become members of the International Association
of Machinists, District 15, A. F. of L. and Local 1227 of the
United Electrical, Radio and Machine Workers of America,
C. I.. O. and that the respondent will not discriminate against
any employee because of 'membership or activity in those organi-
zations. '
MACHINERY BUILDERS, INC. 1329
(d) Notify the Regional Director for the Second Region in;
writing, within twenty ( 20) days of the date of this Order what
steps the respondent has taken to comply therewith. -
VII. The parties hereto consent to the entry by the United''
States Court of Appeals for the Second Circuit of a Decree en-
forcing the Board's Order substantially in the form hereinabove
set forth.
It is further agreed that the parties hereto hereby waive notice
of the application by the National Labor Relations Board to the
said Circuit Court of Appeals for said aforementioned Decree
and waive all rights to contest the entry of said Decree.
VIII . The entire agreement between the parties is contained
within the terms of this instrument and there is no verbal agree-
ment of any kind , which varies , alters or adds to this stipulation.
This stipulation is subject to the approval of the National Labor
Relations Board and shall become effective immediately upon
such approval.
' On October 8,1942, the Board issued its order approving the stipula,
tion and making it a part of the record in the cases.
On the basis of the stipulation and the entire record in the cases, the.
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Machinery Builders , Inc., is a New York corporation with its princi-
pal office and place of business at Long Island City ,' New York, where
it is engaged in the manufacture , sale, and distribution of metal ma-
chinery parts and related products . During the 6-month period prior
to June 1942 , approximately 40' percent of the half-finished castings,
cold steel , and other raw materials which the respondent purchased
for use in the manufacture of machinery parts was shipped to the.
respondent ''s plant in the State of New York from places outside
of that State . During the same period , the respondent shipped from
its plant in the State of New' York al proximately 75 percent of its,
finished products , valued at $50 ,000, to places outside of that State.
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, stipulation, and the
entire record in the cases , and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board hereby-
487498-42-vol 44--84
1330 DECISIONS OF' `NATIONAL LABOR' RELATIONS BOARD
orders that the respondent, Machinery Builders, Inc., its officers; agents,
-'successors, and assigns shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration' of Inde-
-pendent Union of the Employees of Machinery Builders, Inc., or with
'the formation or administration of any other labor organization, and
from contributing support to said labor organization, or to any other
labor organization;
- (b) recognizing the Independent Union of the Employees of Ma-
"chinery Builders, Inc., as the representative of any of its employees
for the purpose of dealing with the respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or other con-
ditions of employment; ,
(c) Giving effect to the agreement of June 18, 1942, with the Inde-
pendent Union of the Employees of Machinery Builders, Inc., or to
any extension, renewal, modification, or supplement thereof,, or to any,
superseding contract which may now be in force ;
(d) Discouraging membership in International Association of Ma-
chinists, District 15, A. F. L., Local 1227 of the United Electrical,
-Radio & Machine Workers of America, C. I. 0., or 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;
(e) 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 bargain collectively through
-representatives of their own choosing, and to engage in concerted
activities for the purposes of collective bargaining or other mutual aid
,,or protection as guaranteed in Section 7 of the Act.
2. Take the'following affirmative action to effectuate the policies and
-purposes of the .National Labor Relations Act :
(a) Withdraw all recognition from Independent Union of the Em-
ployees of Machinery Builders, Inc., as representative of any of its
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 completely disestablish In-
dependent Union of the Employees of Machinery Builders, Inc., as
such representative;
(b) Offer to, Joseph Carco, Angelo Garcia, Richard Peckjian,
'Oswald Salas, and Fred Selling immediate and full reinstatement to
their former or substantially equivalent positions without prejudice
-to their seniority and other rights and privileges and make them whole
for any loss of pay they may,have suffered by reason of the respondent's
discrimination against them, by payment to each of them of a sum
MACHINERY BUILDERS, INC. 1331
aof money equal to that which he normally would have earned as wages
from the date of his discharge or lay-off to the date of the offer of
reinstatement, less his net earnings during said period ;
(c) Post immediately in conspicuous places in its plant at 5-17
'46th Road, Long Island City, New, York, and maintain for a period
of at least sixty (60) consecutive days from the date of posting, notices
to its employees stating : (1) that the respondent will not engage in
the conduct from which it is ordered to cease and desist in paragraph 1
(a), (b), (c), (d), and (e) of this Order; (2) that the respondent will
take the affirmative action set forth in paragraph 2 (a) and (b) of this
Order; and (3).that its employees are free to remain or become mem-
bers of the International Association of Machinists, District 15,
A. F. of L. and Local 1227 of the United Electrical, Radio and Machine
Workers' of America, C. I. O. and that the respondent will not dis-
,criminate against any employee because of membership or activity in
.those organizations. '
(d) Notify the Regional Director for the Second Region in writing,
within twenty (20) days of the date, of this Order. what steps_ the
respondent has taken to comply therewith.