Ox Fibre Brush Co., Inc.

National Labor Relations Board - Board Decisions

Sep 19, 1938

8 N.L.R.B. 1147 (N.L.R.B. 1938)

In the Matter of Ox FIBRE BRUSH COMPANY, INC., and INDIANA Ox
FIBRE BRUSH Co. and BRUSH MAKERS UNION No. 21158
Case No. C-808.-Decided September 19, 1938
Brush J1Ianufacturiag Industi y-Settlement: agreement to comply with the
Act-Order: entered on stipulation.
Mr. Lawrence Hunt, for the Board.
Root, Clar/c, Buckner ct Ballanr ne, by Mr. John E. F. Wood, of
New York City, for the respondent.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CAST.
Upon charges and amended charges duly filed by Brush Makers
Union No. 21158, herein called the Union, the National Labor Re-
lations Board, herein called the Board, by the Regional Director for
the Eleventh Region (Indianapolis, Indiana), issued its complaint
dated March 9, 1938, against Ox Fibre Brush Company, Inc., Fred-
erick, Maryland, and Indiana Ox Fibre Brush Co., Seymour, Indiana,
herein called the respondents, alleging that the respondents had en-
gaged in and were engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1), (3), and (5) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. A copy of the complaint and the notice of
hearing thereon were duly served upon the respondents and the
Union.
Concerning the unfair labor practices, the complaint, in sub-
stance, alleged that the respondents locked out their employees at the
Seymour plant from August 26 to 30, 1937, because they joined and
assisted the Union; that about September 15, 1937, and thereafter,
the respondents, jointly and severally, refused to bargain collectively
with tha Union as the representative of the employees at the Sey-
mour plant although on September 7, 1937, a majority of the em-
ployees at the Seymour plant had designated the Union their rep-
resentative for such purposes within a unit appropriate therefor;
SN L 11. B, No 141,
1147
1148 -NATIONAL LABOR RELATIONS BOARD
that following a strike at the respondents' Seymour, Indiana, plant.
brought about by the aforesaid refusal to bargain collectively, and
by the other unfair labor practices listed below, the respondents re-
fused to reinstate 68 named employees because they joined and
assisted the Union; and that the respondents, by all the actions listed
above and, in addition, by threatening their employees with reprisals
for joining or remaining members of the Union, by spying on union
meetings, and by other acts, interfered with, restrained, and coerced
their employees in the exercise of the rights guaranteed in Section 7
of the Act.
On March 14, 1938, the Regional Director granted the respondents
an extension of time in which to file their answer. On March 16,
1938, the Regional Director issued his order postponing the hearing.
On March 19, 1938, the respondents filed their answer to the
complaint.
On Augeist 10, 1938, counsel for the respondents and counsel for
the Board entered into a stipulation in settlement of the case, in
which, inter ilia, the respondents admitted the allegations of the com-
plaint and agreed to the entry of a consent order by the Board, upon
its approval of the stipulation. This stipulation provides as follows :
Whereas, charges having been filed in this proceeding by the
Brush Makers Union No. 21158 and a complaint having been
issued thereon by the Regional Director for the Eleventh Region
on March 9, 1938, which complaint was, together with notice of
hearing, duly served upon the respondents, and the said hearing
having been postponed at the request of respondents with a view
to settlement of this proceeding,
It is hereby stipulated and agreed by and between Ox Fibre
Brush Company, Inc. and Indiana Ox Fibre Brush Co. (herein-
after called the respondents) and the National Labor Relations
Board that :
1. The allegations of fact in the said complaint dated March
9, 1938 are expressly made a part of this stipulation, and upon
such facts the Board shall enter an Order in this case.
2. Said Order shall provide as follows :
Pursuant to Section 10, subdivision (c) of the National
Labor Relations Act, the National Labor Relations Board
hereby orders that the respondents and their officers and agents
shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coerc-
ing their employees in the exercise of their right to self-or-
ganization, to form, join, or assist labor organizations, to bar-
'A
DECISIONS AND ORDERS 1149
gain collectively with the representatives of their own choos-
ing, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act;
(b) In any manner discouraging membership in Brush
Makers Union No. 21158, or any other labor organization of
their employees, by discrimination in regard to hire or tenure
of employment or any term or-condition of employment;
(c) Refusing to bargain collectively with the Brush Makers
Union No. 21158 as the exclusive representative of all of the
employees in the respondents' Seymour, Indiana plant, ex-
clusive of clerical and supervisory employees.
2. Take the following affirmative action which the Board
finds will effectuate the policies of the Act.
(a) Offer to each and every one of their employees who
went out on strike at the said Seymour plant on October 21,
1937, and who shall not have obtained regular and substan-
tially equivalent employment elsewhere, full reinstatement
when the said plant reopens and as work is available, to their
former positions, without prejudice to their seniority or other
rights and privileges previously enjoyed and before any new
employees are hired.
(b) Offer to each and every ,one of their employees who
went out on strike at the said Seymdur, Indiana plant on
October 21, 1937, and who have not obtained regular and sub-
stantially equivalent employment elsewhere, employment at
the respondents' Frederick, Maryland plant in positions the
same as, or the equivalent of, the positions formerly held by
each of such employees at the said Seymour, Indiana plant,
to the extent that such positions in the Frederick plant are
now filled by employees hired for the first time since Novem-
ber 5, 1937. Said offers shall be made to the employees of
the respondents' Seymour plant in the order of seniority of
such employees, and shall continue to be made in the said
order until sufficient acceptances of such offer have been re-
ceived to fill any and all positions which have been or shall
be created since November 5, 1937 at their Frederick, Mary-
land plant. In carrying out this portion of the order the
respondents shall, if necessary, discharge any employees hired
by them since November 5, 1937 at the Frederick, Maryland
or the Seymour, Indiana plants. Any employees at their
Seymour, Indiana plant who wish employment at Frederick,
Maryland, and for whom, under this Section of the Order no
positions are available, shall be placed on a preferential list
for employment at the Frederick, Maryland plant, subject to
1150 NATIONA L "AJ OR RELATIONS BOARD
the provisions of Section 2 (c), to be offered employment at
the Frederick; 'Maryland plant .before any new employees are
hired. If any ,employee. declines an offer of employment at
the: Frederick, 'Maryland, plant, no fu Yther offer of such em-
ploymentneed be, made to such employee at, the said Frederick
plant
(o) Furnish. to such employees, as accept the said offer of
employment at the said Frederick, Maryland plant, and to
their families, railroad, transportation from their homes' to
the said Frederick, Maryland, plant.
(d) Pay, asbackwages, to those employees who went on
strike it the said Seymour .plant on October 21, 1937, and who
are entitled to :,positions at the Frederick plant under the
provisions of subdivision (b) hereof, the amounts earned in
those positions between November 5, 1937 and May 15th, 1938,
,by ishe employees who ,filled. them, less any sums earned in the
meantime; whether or not the offer of. employment in the
Trederick.:plant, be accepted; provided that no two or more
Seym,o,iu;r em;ployees shall receive, back wages in respect of the
same position,,
(e) Upon,. i.'ecluest, bargain collectively with the. Brush
Makers Union No. 21158 as the exclusive representative of all
of the employees in the said, Seymour plant, exclusive of
clerical and supervisory employees, with respect to rates of
pay, wages, hours of employment, and other conditions of
employment.
(f) Post immediately in two (2) conspicuous places on the
outside of the said Seymour, Indiana plant and maintain for
a period of at least thirty (30) consecutive clays from the date
of posting,: and from the date when the plant reopens, notices
stating that the respondents will cease and desist as provided
above, and notify the Brush Makers Union No. 21158 that
respondents will cease and desist as aforesaid.
(g) Notify, in writing, the Regional Director for the
Eleventh Region, within twenty (20) days from the service
of this Order what steps they have taken to comply herewith.
3. The respondents agree that the order above set outanay,
upon application by the National Labor Relations Board, be
embodied in a decree of any United States Circuit Court of
Appeals, and waive their rights to contest the entry of any
such decree by any United States Circuit Court of Appeals,
and further waive their right to notice of. an application by
the National Labor Relations Boafcl for the entry of any such
decree.
DL+'CIS[ONS AND ORDERS 1151
On August 10, 1938, pursuant to Article II, Section 37, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, the Board issued its order approving the stipulation and
embodying it in the record of the case and also transferring the pro-
ceeding to the Board for the purpose of entry of a decision pursuant
to the provisions of the above stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
OxzFibre Brush Company , Inc., a Delaware corporation , is engaged
in the manufacture, sale, and distribution of fibre brushes, with its
principal office and place of business at Frederick, Maryland. It
also maintains a plant at Seymour , Indiana.
The Indiana Ox Fibre Brush Co., a Delaware corporation, is
engaged in the manufacture, sale, and distribution of fibre brushes,
with its principal office and place of business at Seymour, Indiana.
A substantial amount of the materials and products used by the
respondents in the course and conduct of their business at the Sey-
mour, Indiana, plant is shipped to their Seymour , Indiana, plant from
points outside the State of Indiana and a substantial part of the
products manufactured, sold, and distributed by them is shipped
from their Seymour plant to points outside the State of Indiana.
All the operations of Indiana Ox Fibre Brush Co., including its
labor policies, are wholly dominated and controlled by Ox Fibre Brush
Company, Inc. This case concerns the respondents' Seymour,
Indiana, plant.
We find that the above -described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
H. THE ORGANIZATION INVOLVED
Brush Makers Union No. 21158 is a labor organization admitting
1 o membership employees of the respondents at the Seymour plant.
III. TIIE APPROPRIATE UNIT
We find that all of the employees of the respondents at their Sey-
mour plant, exclusive of clerical and supervisory employees, con-
stitute a unit appropriate , for the purposes of collective bargaining
and that such unit insures to the employees the full benefit of their
right to self -organization and collective bargaining and otherwise
effectuates the policies of the Act.
1152 NATIONAL LABOR' RKLATIONS BOARD
IV. REPRESENTATION OF A MAJORITY WITHIN THE APF^,I?Orizpwrs, UNIT
We find that on or about September 7., 1937, and at all .tunes there-
after, a majority of the employees in the appropriate unlit, by hav-
ing joined the Union, designated it is then 'representative or the
purposes of collective bargaining; an4 at all times thereafter the
Union was the representative of a majority of resp ndents' ,employees
in the appropriate unit for the purposes of collective bargaining.
By virtue of Section 9-(a) of the Act, it was, therefore, the exclusive
representative of all the respondents' employees in the said unit for
the purposes of collective bargaining in respect of rates of pay,
wages, hours of employment, and other conditions of employment.
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 Ox Fibre Brush Company, Inc., of Frederick,
Maryland, and Indliana, Ox Fibre Brush Co., of Seymour, Indiana,
their officers, agents, successors, and assigns, shall
1. Cease and desist from :
(a) In any i'ianneY interfering with, restraining, or coercing their
;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 purposes of collective bargaining or other mutual
aid or protection as guaranteed in Section 7 of the National Labor
Relations Act;
(b) In any manner discouraging membership in Brush Makers
Union No. 21158, or any other labor organization of their employees,
by discrimination in regard to hire or tenure of employment or any
term or condition of employment ;
(c) Refusing to bargain collectively with the Brush Makers Union
No. 21158 as the exclusive, representative of all of the' employees in
the respondents' Seymour, Indiana, plant, exclusive of clerical and
supervisory employees.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Offer to each and every one -of their; employees who went out
on strike at the said Seymour plant on October 21, 1937, and who
shall not have obtained regular and substantially equivalent employ-
ment elsewhere, full reinstatement when the said plant reopens and
as work is available, to their former positions, without prejudice
DEUIS1ONS AND uuD1;1tS 1153
to their seniority or other rights and privileges previously enjoyed
and before any new employees are hired;
(b) Offer to each and every one of their employees who went out
on strike at the said Seymour, Indiana, plant on October 21, 1937, and
who have not obtained regular and substantially equivalent employ-
ment elsewhere, employment at the respondents' Frederick, Mary-
land, plant in positions the same as, or the equivalent of, the posi-
tions formerly held by each of such employees at the said Seyrriour,
Indiana, plant, to the extent that such positions in the Frederick
plant are now filled by employees hired for the first time since
November 5, 1937. Said offers shall be made to the employees of
the respondents' Seymour plant in the order of seniority of such
employees, and shall continue to be made in the said order until
sufficient acceptances of such offer have been received to fill any
and all positions which have been or shall. be created since November
5, 1937, at their Frederick, Maryland, plant. In carrying out this
portion of the order the respondents shall, if necessary, discharge
any employees hired by them since November 5, 1937, at the Fred-
erick, Maryland, or the Seymour, Indiana, plant. Any employees
at their Seymour, Indiana, plant who wish employment at Frederick,
Maryland, and for whom, under this section of the order no posi-
tions are available, shall be placed on It preferential list for employ-
ment at the Frederick, Maryland, plant, subject to the provisions of
section 2 (c), to be offered employment at the Frederick, Maryland,
plant before any new employees are hired. If any employee declines
an offer of employment at the Frederick, Maryland, plant no further
offer of such employment need be made to such employee at the said
Frederick plant;
(c) Furnish to such employees as accept the said offer of employ-
ment at the said Frederick, Maryland, plant, and to their families,
railroad transportation from their homes to the said Frederick,
Maryland, plant;
(d) Pay, as back wages, to those employees who went on strike at,
the said Seymour plant on October 21, 1937, and who are entitled to
positions at the Frederick plant under the provisions of subdivision
(b) hereof, the amounts earned in those positions between November
5, 1937, and May 15, 1938, by the employees who filled them, less an
sums earned in the meantime, whether or not the offer of employ-
ment in the Frederick plant be accepted; provided that no two or
more Seymour employees shall receive back wages in respect of the
same position ;
(e) Upon request, bargain collectively with the Brush Makers
Union No. 21158 as the exclusive representative of all of the ern-
nloyees in the said Seymour plant, exclusive of clerical and supervisory
1154 NATIONAL LABOR ItELA:P.IONS I30AI:t1)
employees, with respect to rates of pay, wages, hours of employment,
and other conditions of employment;
(f) Post immediately in two (2) conspicuous places on the out-
side of the said Seymour, Indiana, plant, and maintain for a period
of at least thirty (30) consecutive days fromn the date of posting,
and from the date when the plant reopens, notices stating that the
respondents will cease and desist as provided above, and notify the;
Brush Makers Union No. 21158 that respondents will cease and
desist as aforesaid;
(g) Notify, in writing, the Regional Director for the Eleventh
Region, within twenty (20) days from the service of this order what,
steps they have taken to comply herewith.
MR. EDWIN S. SMITH took no part in the consideration of the
above Decision and Order.