Muncie Gear Works, Inc.

National Labor Relations Board - Board Decisions

Dec 13, 1938

10 N.L.R.B. 612 (N.L.R.B. 1938)

In the Matter of MUNCIE GEAR WORKS, INC. and UNITED AurOMOBILE
WORKERS OF AMERICA, LOCAL No. 459, AFFILIATED WITH THE C. I. O.
Case No. C-1035.-Decided December 13, 19,38
Machinery and Equipment Manufacturing Industry-Settlement : stipulation
providing for reinstatement and back pay, withdrawal of recognition of company-
dominated union-Order: entered on stipulation
Mr. Walter B. Chel f, for the Board.
Mr. Gideon W. Blain, of Muncie, Ind., for the respondent.
Mr. Earl Heaton, of Anderson, Ind., for the United.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended charges duly filed by United Automobile
Workers of America, Local No. 459, affiliated with the Committee for
Industrial Organization, herein called the United, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Eleventh Region (Indianapolis, Indiana), issued its com-
plaint dated November 2, 1938, against Muncie Gear Works, Inc.,
Muncie, Indiana, herein called the respondent, alleging that the re-
spondent had engaged in and was engaging in unfair labor practices
affecting 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 complaint and notice of hearing
thereon were duly served upon the respondent and the United. The
respondent did not file an answer to the complaint.
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent dominated and interfered with the
formation and administration of a labor organization among its em-
ployees known as the Muncie Gear Employees Association; that the
respondent terminated the employment of and refused to reinstate
two named employees because they assisted the United and engaged
in concerted activities with other employees of the respondent for the
purposes of collective bargaining and other mutual aid and protec-
10 N L R. B., No. 45.
612
DECISIONS AND ORDERS 613:
tion; and that the respondent, by the aforesaid acts and by dissemi-
nating anti-union literature, spying on union meetings, threatening
its employees with reprisals for joining or remaining members of the-
United, 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 November 4, 1938, the respondent, the United, 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 the under-
signed parties to this proceeding, subject to the approval of the-
National Labor Relations Board, that :
1. The Respondent is and has been since January 3, 1934, a
corporation duly organized under and existing by virtue of the
laws of the State of Indiana, having its principal office and place
of business in the City of Muncie , County of Delaware, State of
Indiana.
2. The Respondent is engaged in the production and sale of
machinery , tools, equipment , fixtures and appliances.
3. The raw materials used in the manufacturing operatiohs of
Respondent consist of gray iron castings , forgings , sheet steel,
die castings and steel tubing. During the year 1937 the total
cost of said raw materials amounted to approximately $750,000.00,
50 percent of which were shipped to it from points and places
outside the State of Indiana. During the year 1937 the annual
output of the Company in terms of dollars and cents was ap-
proximately $1,000,000.00 . 90 percent of its finished products
were shipped from the Company to its customers located outside
the State of Indiana . Said shipments go to every State in the
United States, to Canada and to a number of foreign countries.
Said products are crated and shipments are principally made by
railroad facilities. However, a large number of shipments are
made through the medium of trucking agencies.
4. Respondent issues to the trade, illustrated , descriptive liter-
ature, and it advertises through the medium of several publica-
tions having a nation-wide circulation.
5. Respondent, hereby waives its right to a hearing in this cause
and all parties expressly agree that this stipulation, the complaint
with notice of hearing, amended charge, and National Labor
Relations Board Rules and Regulations attached , issued in this
matter and duly served on the Respondent, may be introduced in
the record in this proceeding by filing with the Chief Trial
Examiner of the National Labor Relations Board at Washing-
ton, D. C.
147841-39-vol 10--40 '
614 NATIONAL LABOR RELATIONS BOARD
6. The Respondent admits the allegations of paragraphs 1, 2,
3, 4 and 14 of the complaint hereinabove mentioned.
7. It is further stipulated and agreed by and between the
respective parties hereto that the National Labor Relations
Board may make findings of fact and conclusions of law and
forthwith enter an order in the above entitled cause to the
following effect :
A. Respondent, Muncie Gear Works, Inc., and its officers,
agents, successors and assigns, shall:
(1) Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their
rights in self-organization to form, join or assist labor organiza-
tions, 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 National Labor Relations Act.
(2) Cease and desist from discriminating against any em-
ployee because of his membership in or activities in behalf of the
United Automobile Workers of America, Local No. 459, affiliated
with the C. I. 0.
(3) Cease and desist from discouraging membership in the
United Automobile Workers of America, Local No. 459, affiliated
with the C. I. 0., or any labor organization of its employees, or
-encouraging membership in the Muncie Gear Employees Asso-
ciation or any other labor organization of its employees by dis-
-criminating against employees with regard to hire or tenure of
employment or any term or condition of employment.
(4) Cease and desist from dominating or interfering with or
-lending encouragement to the formation of or administration
of the Muncie Gear Employees Association, or with the forma-
tion or administration of any other labor organization of its
'employees, and from contributing financial or other support to
-the Muncie Gear Employees Association or any other labor or-
ganization of its employees.
B. Respondent, Muncie Gear Works, Inc., and its officers,
agents, successors and assigns, shall take the following affirma-
tive action to effectuate the policies and purposes of the Na-
tional Labor Relations Act :
(1) Post notices in conspicuous places in its plant in the City
of Muncie, Indiana, for a period of forty (40) days, stating that
it will cease and desist in the manner aforementioned.
(2) Withdraw recognition from the Muncie Gear Employees
Association as a representative of its employees for the pur-
poses of dealing with the Respondent concerning grievances,
DECISIONS AND ORDERS 615
labor disputes, wages, rates of pay, hours of employment, and
other conditions of employment, and disestablish the Muncie
Gear Employees Association as such representative.
(3) Pay the stated sum of $200.00 to Donald Dykens and
$150.00 to Joe Menard, Sr., which stated sums approximate the
loss of pay suffered by the said individuals and each of them by
reason of their discharge.
(4) Offer to Donald Dykens and Joe Menard, Sr., full and
immediate reinstatement to their former positions without preju-
dice to the rights and privileges previously enjoyed by them.
(5) Notify the Regional Director for the Eleventh Region in
writing, within ten (10) days from the date of the approval
of the stipulation by the National Labor Relations Board, as to
steps Respondent has taken to comply with said order.
(6) It is further stipulated and agreed by and between the
respective parties in this cause and the Respondent expressly con-
sents to the entry by any United States Circuit Court of Appeals
of a decree enforcing an order of the National Labor Relations
Board in the above form and waives its right to contest any
application by the National Labor Relations Board for the entry
of such a decree ; and further waives any and all requirements of
notice and the filing of such application by the National Labor
Relations Board before any United States Circuit Court of
Appeals.
On November 8, 1938, pursuant to the terms of the stipulation, the
complaint with notice of hearing, the amended charge, National
Labor Relations Board Rules and Regulations-Series 1, as amended,
and the stipulation were filed with the Chief Trial Examiner of the
Board at Washington, D. C., and thereby became part of the record
in the case.
On November 14, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring
the proceeding to the Board for the purpose of entry of a decision
and order by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, an Indiana corporation, is engaged in the produc-
tion and sale of machinery, tools, equipment, fixtures, and appliances
with its principal office and place of business at Muncie, Indiana.
The raw materials used in the manufacturing operations of the re-
spondent consist of gray iron castings, forgings, sheet steel, die
616 NATIONAL LABOR RELATIONS BOARD
castings, and steel tubing. During the year 1937 the total cost of
these materials amounted to approximately $750,000, of which 50°
per cent were shipped to its plant from points outside the State of
Indiana. During the same year the finished products produced by
the respondent amounted in value to approximately $1,000,000 of
which 90 per cent were shipped from its plant to States other than
the State of Indiana, and to foreign countries.
We find the above-described operations constitute a continuous flow
of trade, traffic, and commerce among the several States and with
foreign countries.
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 Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that Muncie Gear Works, Inc., Muncie, Indiana, and its
officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights 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 National Labor
Relations Act;
(b) Discriminating against any employee because of his member-
ship in or activities in behalf of the United Automobile Workers of
America, Local No. 459, affiliated with the C. I. 0.;
(c) Discouraging membership in the United Automobile Workers
of America, Local No. 459, affiliated with the C. I. 0., or any labor
organization of its employees, or encouraging membership in the
Muncie Gear Employees Association or any other labor organization
of its employees by discriminating against employees with regard to
hire or tenure of employment or any term or- condition of em-
ployment; - -
(d) Dominating or interfering with or lending encouragement to
the formation of or administration of the Muncie Gear Employees
Association, or with the formation or administration of any other
labor organization of its employees, and from contributing financial
or other support to the Muncie Gear Employees Association or any-
other labor organization of its employees.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
DECISIONS AND ORDERS 617
(a) Post notices in conspicuous places in its plant in the city of
Muncie, Indiana, for a period of forty (40) days, stating that it
will cease and desist in the manner afore-mentioned ;
(b) Withdraw recognition from the Muncie Gear Employees As-
sociation as a representative of its employees for the purposes of
dealing with the respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment, and other conditions of
employment, and disestablish the Muncie Gear Employees Associa-
tion as such representative;
(c) Pay the stated sum of $200 to Donald Dykens and $150 to
Joe Menard, Sr., which stated sums approximate the loss of pay suf-
fered by the said individuals and each of them by reason of their
discharge;
(d) Offer to Donald Dykens and Joe Menard, Sr., full and imme-
diate reinstatement to their former positions without prejudice to
the rights and privileges previously enjoyed by them;
(e) Notify the Regional Director for the Eleventh Region in writ-
ing, within ten (10) days from the date of the Order, as to steps the
respondent has taken to comply with the said Order.