Owens Yacht Co.

National Labor Relations Board - Board Decisions

Jun 30, 1942

41 N.L.R.B. 1504 (N.L.R.B. 1942)

In the Matter of C. J. OWENS, NORMAN G. OWENS, JOHN B. OWENS,
AND WILLIAM C. OWENS, INDIVIDUALLY AND AS CO-PARTNERS TRADING
AS OWENS YACHT COMPANY and SHIP CARPENTERS LOCAL UNION No.
1773, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA,
AFFILIATED WITH THE A. F. OF L.
Case No. C-2228.Decided June SO. 191112
Jurisdiction : shipbuilding industry
Settlement : stipulation providing for compliance with the Act
Remedial Orders : enteied on stipulation
111r. Earle K. Sh(ve, Mr. Jacob Blum»,, and Mr. Albert P. Wheatley;
for the Board.
Mr. William B. Macmillan, of Baltimore, Md., for the respondents.
Mr. Edward F. Rupp, of Baltimore, Md., for the Union.
11Ir. Fred A. Dewey, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Ship Carpenters
Local Union No. 1773, United Brotherhood of Carpenters & Joiners
of America, affiliated with the A. F; of L., )ierem called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fifth Region (Baltimore, Maryland), issued
its complaint, dated May 6, 1942, against C. J. Owens, Norman G.
Owens, John B. Owens, and William C. Owens, individually and as
co-partners trading as Owens Yacht Company, Stansbury Road,
Dundalk, Baltimore County, Maryland, herein called the respondents,
alleging that the respondents had engaged in and were engaging in
unfair labor practices affecting commerce within the meaning of Sec-
tion 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 com-
plaint were duly served upon the Union and the respondents.
Concerning the unfair labor practices, the complaint alleged in,sub-
stance that the respondents (1) on or about June 25, 1941, discharged
employee Robert Alley and on or about July 26, 1941, discharged
41 N L. R. B, No 2.54
1504
C. J. OWENS 1505
employee Edward Alley, and have at all times since said dates refused
to reinstate said employees for the reason that they engaged in con-
certed activities with other employees for the purposes of collective
bargaining and because they assisted the Union; (2) on or about
August 8, 1941, discharged William A. Weidner and thereafter re-
fused to reinstate him because he engaged in concerted activities with
other employees for the purposes of collective bargaining and because
of his activity and membership in the Union; (3) on or about August
8, 1941, discharged certain employees and thereafter for varying
periods of time refused to reinstate said employees because of their
union membership and activities; (4) on or about August 11, 1941,
locked out and discharged and thereafter refused to reinstate a num-
ber of employees because of their union membership and activities;
(5) on or about August 11, 1941, locked out and discharged a number
of employees and thereafter for a period of time refused to reinstate
said employees because of their union membership and activities; and
(6) by urging, persuading, and warning their employees not to engage
in concerted activities for the purposes of collective bargaining or to
become or remain members of the Union, by making disparaging and
derogatory remarks about the Union and its members, by threatening
their employees with discharge or other reprisals if they became or
remained members of the Union, by questioning their employees con-
cerning their union activities, by keeping under surveillance the union
activities of their employees, by interfering with the administration
of a labor organization of their employees, by locking out and re-
fusing to permit employees to work because of their union member-
ship and activities, have interfered with, restrained, and coerced their
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
On May 19, 1942, prior to the date of the scheduled hearing in the
case, the respondents, the Union, and counsel for the Board entered
into a stipulation in settlement of the case. The stipulation provides
as follows :
It is hereby stipulated and agreed by and among C. J. Owens,
Norman G. Owens, John B. Owens and William C. Owens, indi-
vidually, and as co-partners, trading as Owens Yacht Company,
hereinafter referred to as the Respondents, the Ship Carpenters
Local Union No. 1773, United Brotherhood of Carpenters &
Joiners lof America, affiliated with the A. F. of L., hereinafter
referred to as the union, and Earle K. Shawe, Regional Attorney
and Jacob Blum and Albert P. Wheatley, attorneys, National
Labor Relations Board, 5th Region :
1. That the respondents, C. J. Owens, Norman G. Owens, John
B. Owens and William C. Owens, are co-partners, doing business
463892-42-vo1 41-95
1506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
under the name and style of, Owens Yacht Company, with their
principal office and place of business at Stansbury Road, Dundalk,
Baltimore County, Maryland, where they are engaged in the build-'
ing, sale and distribution of yachts and other power-driven boats :
and appurtenances thereto. .
2. That the principal' r'aw'materials used by the respondents'
in their aforesaid business are lumber, motors and hardware and
that approximately $200,000 worth of said materials are pur-
chased annually from states of the United States other than the
State of Maryland. . 1
3. That the principal product of the respondents is cabin-
cruisers, and during the calendar year 1941 the respondents sold
approximately $500,000 worth of said cruisers, of which approxi-
mately $450,000 worth were sold and delivered to persons or con-
terns located in states of the United States other than the State
of Maryland.
4. That the company at present is engaged in building power-
boats for the United States government.
5. That the Respondents admit the allegations of paragraphs
1 and 2 of the complaint heretofore issued in this niatter and
that they are engaged in interstate commerce within the meaning
of the National Labor Relations Act.
6. That the Respondents and the union hereby waive their right
of a hearing in this cause and all further or other procedure
provided by the National Labor Relations Act or the Rules and
Regulations or Amendments thereto, of the National Labor
Relations Board, including the making of findings of fact's and
conclusions of law.
7. That the following papers may be introduced into the record
in this proceeding by filing them with the Chief Trial Examiner
of the National Labor Relations Board in Washington, D. C., and
when said papers have been so filed they shall constitute the entire
record herein:
(1) This Stipulation.
(2) The Complaint heretofore issued herein on May 6;1942.
(3) The Second Amended Charge filed herein on April 23,
1942.
(4) Notice of Hearing heretofore issued herein on May 6, 1942.
(5) Affidavit as to Service of a copy of the aforesaid Complaint
and Notice of Hearing, and of the Rules and Regulations of the
National Labor Relations Board, Series 2, as amended.
8. That the union is a labor organization within the meaning
of Section 2, Subsection 5 of the National Labor Relations Act.
9. That this Stipulation shall not be considered as an admission
that the Respondents or their agents have engaged in or are
C. J. OWENS, 1507
engaging in the unfair labor practices alleged in the Complaint
heretofore issued in this matter.
10. That Edward Alley, Robert Alley, William McCawley and
.Patrick J. Kennedy have secured other employment and do not
desire reinstatement and that the company shall not be required
to offer employment to any of said employees.
11. That on the basis of this Stipulation and the record herein
as described above in paragraph 7, the National Labor Relations
Board may forthwith or at any future time issue an- order in the
following form in the above-entitled matter.
ORDER
Upon the record herein, including a Stipulation dated May
19, 1942, the National Labor Relations Board hereby orders that
the Respondents, C. J. Owens, Norman G. Owens, John B.
Owens and William C. Owens , doing business under the name
and style of Owens Yacht Company , and their officers, agents.'
successors or assigns, shall
1. Cease and desist:
(a) From interfering with, restraining or coercing their em-
ployees in the exercise of their rights to self-organization ; by
urging, persuading or warning employees not to engage in con-
certedactivities for the purpose of collective bargaining and
not to become or remain members of Ship Carpenters Local
Union No. 1773, United Brotherhood of Carpenters & Joiners
of America, affiliated with the A. F. of L.; by making disparag-
ing or derogatory remarks about the Ship 'Carpenters Local
Union No. 1773, United Brotherhood of Carpenters & Joiners
of America, affiliated with the A. F. of L., and its members; by
threatening employees' with discharge or other reprisals be-
cause of their concerted activities for tha purpose of collective
bargaining or other mutual aid or protection or because of their
activities in or on behalf of labor organizations; by questioning
employees concerning their concerted activities for the purpose
of collective bargaining or other mutual aid or protection or
concerning activities in or on behalf of labor organizations; by
keeping under surveillance employees engaged in concerted ac-
tivities for the purpose of collective bargaining or other mutual
aid or protection or the activities of employees in or on behalf
of labor organizations; by initiating, fostering, dominating or
interfering with or attempting to initiate, foster, dominate or
interfere with the organization or administration of labor or-
ganizations of their employees; by locking out and refusing to
permit employees to work because they engage in concerted
1508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
activities for the purpose of collective bargaining or other mu-
tual aid or protection or because of their activities in or on be-
half of labor organizations.
(b) From in any manner discouraging membership in Ship
Carpenters Local Union No. 1773, United Brotherhood of Car-
penters & Joiners of America, affiliated with the A. F. of L., or
any other labor organization of their employees by discrimi-
nating in regard to their hire or tenure of employment because
of their membership in or activities on behalf of any such labor
organization.
(c) From in any other manner interfering with, restraining
or coercing employees in the exercise of their right to self-or-
ganization to form, join or assist labor organizations to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective
bargaining, or other mutual aid or protection as guaranteed
under Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the
policies of the National Labor Relations Act :
(a) Offer to William A. Weidner, James Maxwell and Wil-
liam Gaither immediate and full reinstatement to their former,
or substantially equivalent positions without prejudice to their
seniority and any other rights and privileges- previously en-
joyed by said William A. Weidner, James Maxwell and William
Gaither.
(b) Pay to the Regional Director of the National Labor
Relations Board, 5th Region, the sum of Eighteen Hundred
and Seventy-Five ($1875.00) -Dollars to be distributed by said
Regional Director to the employees named below in the amounts
set forth opposite the names of said employees :
Robert Alley------------------------------------ $109.04
Thomas Knott----------------------------------- 10.79
George Lindenburg------------------------------- 45.76
Joseph Neidzialkowski--------------------------- 455.76
Patrick Kennedy--------------------------------- 157.17
William McCawley--_---- ------------------------ 484.36
James Maxwell---------------------------------- 329. 77
Sam Griffey, Jr---------------------------------- 205.63
Harry Noel-------------------------------------- 65.00
Edward Rupp------------------------------------ 157 34
Herbert Townsend------------------------------- 179.52
William Uphoff---------------------------------- 83.96
(c) Post immediately in conspicuous places throughout their
place of business at Dundalk, Maryland, and maintain for a
C. J. OWENS 1509
period of at least sixty (60) consecutive days, notices stating
that
(1) C. J. Owens, Norman G. Owens, John B. Owens and Wil-
liam C. Owens, doing business under the name and style -of
Owens Yacht Company will not engage in the conduct from
which they are ordered to cease and desist in paragraphs 1 (a)
through 1 (c) of this Order;
(2) That the Respondents will take the affirmative action
set forth in paragraphs 2 (a) and (b) of this Order.
(d) Notify the Regional Director of the National Labor
Relations Board, Fifth Region, within.ten (10) days from the
date of this Order what steps Respondents have taken to comply
herewith.
12. That the parties hereto hereby consent to the entry, by the
United States Circuit Court of Appeals for the appropriate cir-
cuit, upon application by the National Labor Relations Board,
of a consent decree enforcing an order of the Board in the form
hereinabove set forth and hereby waive further notice of the
application for such decree.
13. That the entire agreement among the parties hereto is con-
tained within the terms of, this Stipulation, and there is no verbal
agreement of any kind which varies, alters or adds to this Stipula-
tion.
14. That it is understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall become effective immediately upon the granting of such
approval.
On June 16, 1942, the Board issued an order approving the above
stipulation, making it a part of the record, and pursuant to Article
II, Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferred the proceeding to the Board
for the purpose of entering a decision and order pursuant to the
provisions of the stipulation.
On the basis of the above stipulation and upon the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
C. J. Owens, Norman G. Owens, John B. Owens, and William C.
Owens are co-partners, doing business under the name and style of
Owens Yacht Company, with their principal office and place of business
at Stansbury Road, Dundalk, Baltimore County, Maryland, and- are
engaged in the building, sale, and distribution of yachts and other
1510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
power-driven boats. The respondents are presently building power-
boats for the United States Government. The respondents annually
use raw materials of the approximate value of $200,000 which are pur-
chased in States other than the State of Maryland and transported to
their place of business in Maryland. The principal product of the
respondents' business is cabin-cruisers. During the year 1941 the
respondents sold cabin-cruisers, the approximate value of which ,was
$500,000, of which approximately $450,000 worth was sold and deliv-
ered to persons or concerns at points outside the State of Maryland.
The respondents admit that they are engaged in commerce within the
meaning of the Act.
We find that the above-described operations of the respondents con-
stitute a continuous flow of trade, traffic, and commerce among the sev-
eral States.
ORDER
Upon the record herein, including a Stipulation dated May 19, 1942,
the National Labor Relations Board hereby orders that the Respond-
ents, C. J. Owens, Norman G. Owens, John. B. Owens and William C.
-Owens, doing-business under the name and style of Owens Yacht Com-
pany, and their officers, agents, successors or assigns, shall
1. Cease and desist:
,(a) From interfering with, restraining or coercing their employees
in the exercise of their rights to self-organization; by urging, persuad-
ing or warning employees not to engage in concerted activities for the
purpose of collective bargaining and not to become or remain members
of Ship Carpenters Local Union No. 1773, United Brotherhood of Car-
penters & Joiners of America, affiliated with- the A. F. of L.; by making
disparaging or derogatory remarks about the Ship Carpenters Local
Uiiion No. 1773, United Brotherhood of Carpenters & Joiners of*Aner-
ica, affiliated with the A. F. of L., and its members; by threatening
employees with discharge or other reprisals because of their concerted
activities for the purpose of collective bargaining or other mutual aid
or protection or because of their activities in or on behalf of labor or-
ganizations; by' questioning employees concerning their concerted
activities for the purpose of collective bargaining or other mutual aid
or protection or concerning activities in or on behalf of labor organi-
zations; by keeping under surveillance employees engaged in concerted
activities for the purpose of collective bargaining or other mutual aid
or protection or the activities of employees in or on behalf of labor
organizations; by initiating, fostering, dominating or interfering-with
or attempting to initiate, foster, dominate or interfere with the organ-
ization or administration of•labor organizations of their employees; by'
locking out and refusing to permit employees to work because they,
engage in concerted activities for the purpose of collective bargaining
C. J. OWENS
,or other mutual aid or protection or because of their activities in or on
behalf of labor organizations ;
(b) From in any manner, discouraging membership in Ship Car-
penters Local Union No. 1773, United Brotherhood of Carpenters &
Joiners of America, affiliated with the A. F. of L., or any other labor
organization of their employees by discriminating in regard to their
hire or tenure of employment because of their membership in or
activities on behalf of any such labor organization;
(c) From in any other manner interfering with, restraining or
coercing employees in the exercise of their 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 purpose of collective bargaining or other mutual aid
,or protection as guaranteed under Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act:
(a) Offer to William A Weidner, James Maxwell and William
Gaither immediate and full reinstatement to their former or substan-
tionally equivalent positions without prejudice to their seniority and
any other rights and privileges previously enjoyed by said William A.
Weidner, James Maxwell and William Gaither;
(b) Pay to the Regional Director of the National Labor Relations
Board, 5th Region, the sum of Eighteen Hundred and Seventy-Five
($1875.00) Dollars to be distributed by said Regional Director to the
employees named below in the amounts set forth opposite the names
,of said employees-:
Robert Alley------------------------------------------- $109.04
Thomas Knott----------------------------------------- 10 79
George Lindenburg-------------------------------------- 45.76
Joseph Neidzialkowski---------------------------------- 45.76
Patrick Kennedy--------------------------------------- 157.17
William McCawley------------------------------------- 484.36
James Maxwell_________________________________________ 329 77
Sam Griffey, Jr---------------------------------------- 205 63
Harry Noel-------------------------------------------- 65.90
Edward Rupp------------------------------------------ 157.34
Herbert Townsend------------------------------------- 179.52
William Uphoff---------------------------------------- 83.96
(c) Post immediately in conspicuous places throughout their place
,of business at Dundalk, Maryland, and maintain for a period of at
least sixty (60) consecutive days, notices stating that
(1) C. J. Owens, Norman G. Owens, John B. Owens and William
C. Owens, doing business under the name and style of Owens Yacht
1512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company will not engage in the conduct from which they are ordered
to cease and desist in paragraphs 1 (a) through 1 (c) of this Order;
(2) That the Respondents will take the affirmative action set forth
,in paragraphs 2 (a) and (b) of this Order.
(d) Notify the Regional Director of the National Labor Relations
Board, Fifth Region, within ten (10) days from the date of this
Order what steps Respondents have taken to comply herewith.