Metal Door & Trim Co., a Corporation

National Labor Relations Board - Board Decisions

Apr 27, 1939

12 N.L.R.B. 530 (N.L.R.B. 1939)

In the Matter of METAL Doon & TRIM Co., A CORPORATION and LODGE
1690, AMALGAMATED ASSOCIATION OF IRON , STEEL ANDI TIN WORKERS
OF NORTH AMERICA , THROUGH STEEL WORKERS ORGANIZING COM-
MITTEE, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS and HOLLOW METAL WORKERS UNION , PARTY TO THE CONTRACT
Case No. C-1934.0.Decided April 27,1939
Fabricated Metal Manufacturing and Assembling Industry-Settlement: stipu-
lation providing for compliance with Act, including disestablishment of and
abrogation of contract with company-dominated union-Order : entered on
stipulation.
Mr. Robert R. Rissman, for the Board.
Mr. Kenneth D. Osborn, of La Porte, Ind., for the respondent.
Mr. John Brownlee, of Chicago, Ill., for the Union.
Mr. Lawrence Pelis, of La Porte, Ind., for the H. M. W. U.
Mr. F. Hamilton Seeley , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Lodge 1690,
Amalgamated Association of Iron, Steel and Tin Workers of North
America, through Steel Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Thirteenth Region (Chicago, Illi-
nois), issued its complaint dated March 8, 1937, against Metal Door
& Trim Co., a corporation, La Porte, Indiana, 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), (2), and (5) 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 on the respondent, the Union, and upon the Hollow Metal
Workers Union (Independent), herein called the H. M. W. U., a
labor organization allegedly dominated and supported by the re-
12 N. L. R. B., No. 63.
530
METAL DOOR & TRIM CO. 531
spondent. On March 15, 1939, pursuant to Article II, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, the Regional Director withdrew the complaint. Upon
second amended charges duly filed by the Union, the Board, by its
Regional Director, issued its amended complaint dated March 15,
1939, against 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) and (2) and Section 2
(6) and (7) of the Act. Copies of the amended complaint and notice
of hearing thereon were duly served on respondent, the Union, and
the H. M. W. U. On March 16, 1939, the respondent filed its answer
to the complaint in which it admitted the allegations concerning the
nature and scope of its business but denied the allegations of unfair
labor practices.
Concerning the unfair labor practices, the amended complaint
alleged, in substance, that the respondent dominated and interfered
with the formation and administration of the H. M. W. U.; that
the respondent threatened its employees with closing of the plant
if they remained members of the Union; and that the respondent by
the above-mentioned activities, and by urging, persuading, and warn-
ing its employees to refrain from becoming or remaining members
of the Union, and by other acts, interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act.
On March 16, 1939, the respondent, the Union, the H. M. W. U.,
and counsel for the Board entered into a stipulation in settlement
of the case. This stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between METAL
DooR & TRIM Co., a corporation, hereinafter called respondent,
LODGE 1690, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN
WORKERS OF NORTH AMERICA, THROUGH STEEL WORKERS ORGAN-
IZING COMMITTEE, AFFII.LATED WI r'r THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS, hereinafter called the union, HoLLow METAL
WORKERS UNION, hereinafter called H. M. W. U., and Robert
R. Rissman, Attorney, National Labor Relations Board, that :
I
Upon amended charges duly filed by the union, the National
Labor Relations Board, hereinafter called the Board, by G. L.
Patterson, Regional Director for the Thirteenth Region, (Chi.,
cago, Illinois) hereinafter called the Regional Director, issued its
Complaint and Notice of Hearing thereon, dated March 8, 1939,
against respondent, alleging that respondent had engaged in and
169134-39-vol. 12-35
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was engaging in unfair labor practices within the meaning of
Section 8, Subdivisions (1), (2), and (5), and Section 2, Sub-
divisions (6) and (7) of the National Labor Relations Act, 49
Stat. 449, hereinafter called the Act. On March 9, 1939, copies
of the Complaint, Amended Charge, Notice of Hearing and
National Labor Relations Board Rules and Regulations, Series 1,
as amended, were duly served upon respondent, the union and
H. M. W. U. Hearing was scheduled for 10: 00 A. M. March 20,
1939, in the Little City Court Room, City Offices, Masonic Temple,
La Porte, Indiana. On March 15, 1939, pursuant to Article II,
Section 8 of the National Labor Relations Board Rules and Regu-
lations, Series 1, as amended, the Regional Director withdrew
the Complaint. Upon second amended charges duly filed by
the union, the Board, by the Regional Director, issued its Amended
Complaint and Notice of Hearing thereon, dated March 15, 1939,
against respondent, alleging that respondent had engaged in and
was engaging in unfair labor practices within the meaning of
Section 8, Subdivisions (1) and (2) and Section 2, Subdivisions
(6) and (7) of the Act. ' On March 16,1939, copies of the Amended
Complaint, Second Amended Charge, Notice of Hearing and
National Labor Relations Board Rules and Regulations, Series
1, as amended, were duly served upon respondent, the union and
H. M. W. U. Hearing was scheduled for 10: 00 a. m., March 22,
1939, in the Little City Court Room, City Offices, Masonic Temple,
La Porte, Indiana. On March 16, 1939, respondent filed its
Answer to the Amended Complaint, admitting some of the alle-
gations, but denying that it had engaged or was engaged in unfair
labor practices as alleged.
II
1. Respondent is and has been since February 26, 1926, a cor-
poration organized under and existing by virtue of the laws of
the State of Illinois, licensed to do business in the State of In-
diana and having its principal office and place of business in
the City of La Porte, County of La Porte, State of Indiana.
Respondent maintains a sales office in New York City, New York.
Respondent owns and operates a plant in the City of La Porte,
County of La Porte, State of Indiana, hereinafter called the
plant, where it is now and has been at all times mentioned in
the Amended Complaint engaged in the design, manufacture,
assembly, sale and distribution of hollow metal doors, trim, rolled
steel door frames, bases, mouldings and other fabricated sheet
steel products. Approximately 200 persons are employed by re-
spondent during periods of normal business operations.
METAL DOOR & TRIM CO. 533
2. In the course and conduct of its business and in the opera-
tion of the plant, respondent causes and has continuously caused
approximately .60 per centum of the raw materials used by it
in the manufacturing process, consisting of sheet steel, paint,
lumber, asbestos, nuts, bolts, screws, hardware, and miscellane-
ous parts and supplies to be purchased and transported in inter-
state commerce from and through States of the United States
other than the State of Indiana.
Hollow metal doors, frames, and trim are designed and manu-
factured at the plant according to architects' drawings and speci-
fications, for installation in schools, hospitals, hotels, and office
and apartment buildings. In most of the larger jobs installa-
tion at the building site is by respondent. Approximately 90
per centum of respondent's total annual production is on special
order.
In the course and conduct of its business and in the operation
of the plant, respondent causes and has continuously caused
approximately 93 per centum of the finished products manufac-
tured at the plant to- be sold and transported in interstate com-
merce from the plant in the State of Indiana to, into, and
through States of the United States other than the State of
Indiana.
For the year ending December 31, 1938, respondent's aggre-
gate sales were approximately $646,000. Raw materials and fin-
ished products move in and out of the plant over common carrier
railroad and truck lines. The plant is serviced by spur tracks
of the New York Central Railroad and the New York, Chicago
& St. Louis Railroad.
Respondent admits that it is engaged in interstate commerce
and that the above described operations affect commerce within
the meaning of Section 2, Subdivisions (6) and (7) of the Act.
III
1. Lodge 1690, Amalgamated Association of Iron, Steel and
Tin Workers of North America, Through Steel Workers Organ-
izing Committee, Affiliated with the Congress of Industrial Or-
ganizations, is a labor organization within the meaning of Sec-
tion 2, Subdivision (5) of the Act.
2. Hollow Metal Workers Union is a labor organization within
the meaning of Section 2, Subdivision (5) of the Act.
IV
The parties hereto waive their right to a hearing in this cause
and the making of Findings of Fact and Conclusion of Laws
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Board, pursuant to the provisions of the Act, and all
parties agree that this Stipulation and Agreement, Complaint,
Notice of Hearing, Amended Charge, Amended Complaint,
Second Amended Charge, National Labor Relations Board Rules
and Regulations, Series 1, as amended, issued in this matter and
served upon the parties, together with affidavits of service, Order
withdrawing Complaint, and Answer of Respondent to Amended
Complaint, may be introduced in the record in this proceeding
by filing same with the Chief Trial Examiner of the National
Labor Relations Board at Washington, D. C.
V
IT IS FURTHER STIPULATED AND AGREED , by and between the
parties hereto, that upon this Stipulation and Agreement, if
approved by the Board, an Order may forthwith be entered by
the Board and by the appropriate United States Circuit Court
of Appeals, the parties hereto expressly waiving further notice
of the application therefor, providing as follows :
Respondent, Metal Door & Trim Co., a corporation, its officers,
agents, successors and assigns, shall:
1. Cease and desist from :
(a) Dominating and interfering with the administration of
Hollow Metal Workers Union, or the formation or administra-
tion of any other labor organization of its employees, or giving
other support to Hollow Metal Workers Union, or to any other
labor organization of its employees;
(b) Recognizing Hollow Metal Workers Union as the repre-
sentative of any of the employees for the purpose of dealing
with respondent concerning grievances, labor disputes, wage`s,
rates of pay, hours of employment, or conditions of work;
(c) Giving effect to, or in any manner enforcing or recog-
nizing the certain agreement dated March 17, 1938, or any re-
newals or supplements thereto, between Metal Door & Trim Co.,
and Hollow Metal Workers Union;
(d) Discouraging membership in Lodge 1690, Amalgamated
Association of Iron, Steel and Tin Workers of North America,
Through Steel Workers Organizing Committee, Affiliated with
the Congress of Industrial Organizations, or any other labor
organization of its employees, by urging, persuading or warning
its employees to refrain from becoming or remaining members
of said organizations;
(e) In any other manner interfering with, restraining or co-
ercing its employees in the exercise of the right to self -organiza-
tion, to form, join , or assist labor organizations , to bargain col-
METAL DOOR & TRIM CO. 535
lectively 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 in Sec-
tion 7 of the Act.
2. Take the following affirmative action in order to effectuate
the policies of the Act :
(a) Withdraw all recognition from Hollow Metal Workers
Union as the representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor
disputes, wages, rates of pay, hours of employment or other con-
ditions of employment; and completely disestablish said Hol-
low Metal Workers Union as such representative;
(b) Post immediately upon receipt of notice of the Board's
approval of this Stipulation and Agreement, in conspicuous
places in each department of the plant notices stating: (1) that
respondent will cease and desist as provided in paragraphs 1
(a), (b), (c), (d), and (e) of the Order; (2) that respondent
withdraws all recognition from the Hollow Metal Workers Union
as a representative of any of its employees, and completely dis-
establishes it as such representative;
(c) Maintain such notice for a period of at least sixty (60)
consecutive days from the date of posting;
(d) Notify the Regional Director for the Thirteenth Region,
in writing, within ten (10) days from the date of the Board's
approval of this Stipulation and Agreement what steps respond-
ent has taken to comply therewith.
It is further stipulated and agreed that this Stipulation and
Agreement is subject to the approval of the National Labor
Relations Board.
On April 4, 1939, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Metal Door & Trim Co., an Illinois corporation, having its
principal office and place of business in the city of La Porte, Indiana,
is engaged in the design, manufacture, assembly, sale, and distribution
of hollow metal doors, trim, rolled steel door frames, bases, mouldings,
and other fabricated sheet steel products. In the course and conduct
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of its business, the respondent causes and has continuously caused
approximately 60 per cent of the raw materials used by it in the
manufacturing process, consisting of sheet steel, paint, lumber, asbes-
tos, nuts, bolts, screws, hardware, and miscellaneous parts and supplies,
to be purchased and transported in interstate commerce from and
through States other than the State of Indiana.
For the year ending December 31, 1938, the respondent's aggre-
gate sales were approximately $646,000. Approximately 93 per cent
of the finished products were sold and distributed outside the State
of Indiana.
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 case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Metal Door & Trim Co., a corporation, its officers,
agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Dominating and interfering with the administration of Hol-
low Metal Workers Union, or the formation or administration of any
other labor organization of its employees, or giving other support
to Hollow Metal Workers Union, or to any other labor organization
of its employees;
(b) Recognizing Hollow Metal Workers Union as the representative
of any of the employees for the purpose of dealing with respondent
concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work;
(c) Giving effect to, or in any manner enforcing or recognizing
the certain agreement dated March 17, 1938, or any renewals or supple-
ments thereto, between Metal Door & Trim Co., and Hollow Metal
Workers Union;
(d) Discouraging membership in Lodge 1690, Amalgamated Asso-
ciation of Iron, Steel and Tin Workers of North America, through
Steel Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, or any other labor organization of its
employees, by urging, persuading, or warning its employees to refrain
from becoming or remaining members of said organizations;
(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 con-
METAL DOOR & TRIM CO. 537
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(a) Withdraw all recognition from Hollow Metal Workers Union
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 conditions of
employment; and completely disestablish said Hollow Metal Workers
Union as such representative;
(b) Post immediately upon receipt of notice of the Board's
approval of this Stipulation and Agreement, in conspicuous places
in each department of the plant notices stating: (1) that respondent
will cease and desist'as provided in paragraphs 1 (a), (b), (c), (d),
and (e) of the Order; (2) that respondent withdraws all recognition
from the Hollow Metal Workers Union as a representative of any
of its employees, and completely disestablishes it as such repre-
sentative;
(c) Maintain such notice for a period of at least sixty (60) con-
secutive days from the date of posting;
(d) Notify the Regional Director for the Thirteenth Region, in
writing, within ten (10) days from the date of the Board's approval
of this Stipulation and Agreement what steps respondent has taken
to comply therewith.