Radio Condenser Co.

National Labor Relations Board - Board Decisions

May 13, 1941

31 N.L.R.B. 845 (N.L.R.B. 1941)

In the Matter of RADIO CONDENSER COMPANY, A CORPORATION and
UNITED ELECTRICAL, RADIO, AND MACHINE WORKERS OF AMERICA,
FOR LOCAL 109, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Case No. C-1327.-Decided May 13, 1941
Jurisdiction : air condenser manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation; stipulated order not to be construed
as to require employer to violate its obligation under its contract with rival
union.
Mr. Sa'inuel'G. Zack, Mr. Jack Davis, and Mr. Weldon P. Monson,
for the Board.
Mr. Elmer G. Van Name, of Camden, N. J., and Drinker, Biddle
ct Reath, by Mr. Henry S. Drinker and Mr. Lewis H. Van Dusen, Jr.,
of Philadelphia, Pa., for respondent.
Mr. Saul C. Waldbaum, of Philadelphia, Pa., for the United.
Brown & Williams, by Mr. Ira Jewell Williams and Mr. Ira Jewell
Williams, Jr., of Philadelphia, Pa., and Mr. Isaac Lobe Straus, of
Baltimore, Md., for the Brotherhood. -
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Electrical,
Radio and Machine Workers of America on behalf of Local 109,
affiliated with the Congress of Industrial Organizations, herein called
the United, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Fourth Region (Philadelphia,,
Pennsylvania), issued its complaint dated June 14, 1939, against
Radio Condenser Company, Camden, New Jersey, 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) and (3) and Section 2 (6) and (7) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. A copy of the complaint, accompanied by notice of hearing,
was duly served upon the respondent and the United.
31 N. L. R. B., No 141. -
845
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, that from about March 1937 to February 18, 1938, the respond-
ent dominated and interfered with the formation and administration
of a labor organization among its employees known as Radio Con-
denser Union, Inc. ; that although the United was, from about April 6,
1937, to June 23, 1937, the designated bargaining agent of a majority
of the respondent's, employees in an appropriate unit, the respondent
refused to bargain collectively with the United as the exclusive repre-
sentative of all employees in the alleged appropriate unit; that the
respondent terminated the employment of and refused to reinstate
three named employees because they were members of the United and
were active in behalf of the United-; that as a result of certain of
the respondent's afore-mentioned activities and other activities, certain
of the respondent's employees who were members of the United went
on strike; that on June 16, 1937, pursuant to the terms of an agree-
ment entered into by the United and the respondent under which the
United, agreed to terminate the aforesaid strike and the respondent
agreed to reinstate the strikers without discrimination, the United
terminated, said strike, but the respondent failed 'to- comply with its
part of the agreement and terminated the employment of and refused
to reinstate certain named employees who had been strikers, except
on condition that they become members of Radio Condenser Union,
Inc., because they were members of the United and engaged in other
concerted activities with other employees of the respondent; and that
the respondent, by the afore-mentioned activities, by urging and
warning its employees to refrain from becoming members of the
United, by urging and warning its employees to join and assist
Radio Condenser Union, Inc., by instigating and directing a "back-
to-work" movement among its employees during the said strike, by
maintaining a "black-list" of the employees who participated in the
said strike, and by other acts, interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in Sec-
tion 7 of the Act. Thereafter the respondent filed its answer dated
June 21, 1939, in which it denied that it had engaged in unfair labor
practices but admitted the allegations concerning its corporate struc-
ture and that it delivered and received substantial portions . of its
goods by shipment across State lines.
Pursuant to notice, a hearing was held at Camden, New Jersey, on
June 29 and July 6, 1939, before George Bokat, the Trial Examiner
duly designated by the Board. The Board, the respondent, and the
United participated in the proceedings and were represented by
counsel. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues was
afforded all parties.
RADIO CONDENSER COMPANY 847
On June 29, 1939, during the hearing, the Trial Examiner re-
ceived in evidence without objection a stipulation which was entered
into on June 27, 1939, by counsel for the Board and counsel for the
respondent, setting forth facts concerning the respondent's business.
Thereupon the hearing was adjourned to permit counsel for all- the
parties to enter into negotiations looking toward a settlement of the
case. On July 6, 1939, the Trial Examiner again convened the hear-
ing and received in evidence without objection a stipulation in
settlement of the case entered into by all parties on July 1, 1939. The
Trial Examiner also granted without objection the motion made by
counsel for the Board to dismiss the complaint in so far as it alleged
the discriminatory discharge of certain named employees.- There-
after the hearing was closed.
The settlement stipulation entered into by the parties provides
as follows :
It is hereby stipulated by and between the Radio Condenser
Company, respondent herein; United Electrical, Radio and Ma-
chine Workers of America, for Local 109, affiliated with Congress
of Industrial Organizations, a party herein; and Weldon P.
Monson and Jack Davis, attorneys for the National Labor Re-
lations Board, that: -
I. Upon a Second Amended Charge duly filed' by, the United
Electrical, Radio and Machine Workers of America, for Local
109, affiliated with Congress of Industrial Organizations, the
'National Labor Relations Board by the Regional Director for
the Fourth Region, acting pursuant to authority granted in
Section 10 (b) of the National Labor Relations Act, 49 Stat. 449,
and its Rules and Regulations, Series 1, as amended, Article 4,
Section 1, issued its Complaint containing a Notice of Hearing
on the 14th day of June, 1939, against the . Radio Condenser
Company, respondent herein;
II. The taking of further testimony or evidence before the
Trial Examiner in this matter and the making of findings of -
facts and conclusions by the Board pursuant to the provisions of
the National Labor Relations Act, are hereby expressly waived
by the respondent herein ;
III. The United Electrical, Radio and Machine Workers of
America, for, Local 109, affiliated with Congress of Industrial
Organizations, is a labor organization as, defined in Section 2,
Subsection "(5) of the Act; ,
'Alva Asquith,- Andrew Barrett, Joe Dalengow ski, Ed Corbett, W Cannon, Earl Green,
Sarah Kaszkcka, Raymond King, Jean Koneck, Z Kuzynski, Eddie Maguire, Louis J - ntali-
nowski, Anna Pietrzyk, Bernard Tracy, Victor Player, Jr , William Samalonis. Stanley
Smith, Buddy (John) Stang, Jean Stens, Karl A Tozer, Alfred Volpe, Raymond Wetter,
William Watson, Russell W. Wood , (listed in complaint as Russel' I' Wood), and Erma
Schulke.
848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the pleadings, which includes the
complaint and the answer denying the allegations of the com-
plaint, together with the stipulation on commerce marked
"Board Exhibit 3," an order may forthwith be entered by said
Board and by the appropriate United States Circuit Court of
Appeals, without further notice of the application for enforce-
ment thereof, providing as follows :
The respondent, Radio Condenser Company, and its officers,
agents, successors, and assigns, shall:
1. Cease and desist from :
(a) in any manner interfering with, restraining or coercing its
employees of its Camden plant, 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 purpose of
collective bargaining or other 'mutual aid or protection, as
guaranteed, in Section 7' of the Act;
(b) discouraging membership in the United Electrical, Radio
and Machine Workers of America, Local 109, affiliated with
Congress of Industrial Organizations, or any other labor organ-
ization of its employees, by discharging or refusing to reinstate
its employees of its Camden plant, or in any manner discrimi-
nating in regard to their hire and tenure of employment or any
term or condition of employment because of their membership
in or assistance in behalf of the United Electrical, Radio and
Machine Workers of America, Local 109, affiliated with Congress
of Industrial Organizations, or any other labor organization.
2. Take the following affirmative action which the Board finds
will effectuate the purpose of the Act;
(a) Offer, as hereinafter stated, to each of the employees
named in Appendices "A", "B", and "C" 2 annexed hereto and
made a part hereof, on or before July 14, 1939, July 28, 1939
and September 1, 1939, respectively, full and unconditional rein-
statement to their former positions or substantially equivalent
positions, except as hereinafter stated, without loss of seniority
and without prejudice to any other rights and privileges pre-
viously enjoyed by them. The said offer shall be made by
registered mail to each of said employees within five (5) days of
the approval of this stipulation by the National Labor Relations
Board; in the absence of an acceptance of said offer within ten
(10) days from the date of the receipt thereof, said offer shall
be deemed rejected. The employees whose names appear on
See Appendices "A," "B," and "C" of the Order, infra.
RADIO CONDENSER COMPANY . 849
Appendices "A", "B", and "C" whose jobs have been eliminated
or substantially altered since June 17, 1937, shall be placed, or
retained in other jobs which they can perform; should any
abolished positions be re-established hereafter, said employees
shall have first preference thereto.
(b) The amount of credit on seniority of said employees from
June 17, 1937, until each employee is reinstated, (in addition
to their seniority prior to June 17, 1937 shall be limited and de-
termined in accordance with the average number of weeks of
employment per man in the department into which each em-
ployee is placed during the respective periods in question, which
shall-be computed by adding the number of weeks the persons
have worked in each department and dividing that total by the
number of persons who worked in each of said departments from
June 17, 1937, to the dates of reinstatement of said employees.
'(c) Grant to each of the employees named in Appendix "D",3
annexed hereto and made a part hereof, who have already been
reinstated to their former positions or substantially equivalent
positions by the respondent, the same rights ' and privileges
granted to the employees named in Apendices "A", "B" and "C',
including those as set forth in paragraphs 2 (b) and 2 (f) hereof;
the rates of pay of these employees, however, as specified in para-
graph 2 (f) hereof shall take effect as of July 17, 1939;
(d) The employees on Appendices "A", "B", "C" and "D", an-
nexed hereto and made a part hereof, who accept the respondent's
offer as aforesaid, shall be guaranteed one hundred (100) days'
'employment during the fifteen (15) months next following the
dates ofitheir respective reinstatements, after deducting from the
said one'hundred (100) days the number of days of employment
which each said employee has had with the respondent herein
since June 17, 1937 to date of this stipulation;
(e) Make whole each of the persons named in Appendix "E" 4
annexed hereto and made a part hereof for the loss of pay suf-
fered by reason of their discharge, by payment to them of the
sum of $12,000.00, each to receive the sum set forth following
his or her name, which sum is in full payment for the amount
which each would have earned as wages from June 17, 1937,
to said date of payment, .said payment to be made in six equal
monthly installments, the first installment to be made within one
week after the approval of this stipulation by the National Labor
Relations Board and monthly thereafter until each employee has
received payment in the entire amount set forth following his
or her name;
' See Appendix "D" of the Order , infra.
' See Appendix "E" of the Order , infra.
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(f) The employees named in Appendices "A", "W" and ."C"
shall be paid at the basic rates now prevailing at the respondent's
plant without diminution from said basic rates because of their
unemployment since June 17, 1937;
(g) Post and keep visible in prominent places in each depart-
ment of respondent's plant, for a period of sixty (60) days after.
receipt, copies of the order entered by the National Labor Rela-
tions Board and notice stating that the respondent will cease
and desist in the manner aforesaid, and respondent will take
the affirmative action as aforesaid;
(h) Notify the Regional Director for the Fourth Region, in
writing, of compliance with the foregoing order within sixty
(60) days from the date of its entry by the Board.
V. It is further stipulated and agreed that this stipulation, is
subject to the approval of the National Labor Relations Board.
VI. No charges will be filed by United Electrical Radio and
Machine Workers of America, for Local 109, affiliated with
Congress of Industrial Organizations, on account of matters
occurring'prior to the date hereof. -
VII.' It is further stipulated and agreed that the entire agree-
ment is contained within the terms of this stipulation and that
there is no verbal agreement of any kind which varies, alters,
or adds to this stipulation. -
On July 6, 1939, International Brotherhood of Electrical, Workers,
affiliated with the American Federation of Labor, herein called the
Brotherhood, filed with the Board a written protest against the
Board's approval of the stipulation on the ground, inter alia, that
the stipulation affected its rights under a "closed, shop" contract
dated March,8, 1939, between its local union, Local B-987, and' the
respondent, covering wages, hours of employment, and other working
conditions, and also requested a hearing thereon. , ,
On July 14, 1939, the Board issued its order approving the afore-
said stipulation and transferring the proceeding to the Board for
the purpose of entry of a decision and order by the Board. On July
31,.1939, the Board issued and served upon the parties its Decision
and Order 5 based upon the stipulation.
On August 3, 1939, the Brotherhood in its own name and in the
name of Local B-987, filed with the United States Circuit Court of Ap-
peals for the Third Circuit, herein called the Court, a petition to
review, and set aside the Board's Order of July 31, 1939. On Sep-
tember 1, 1939, the respondent filed a petition with the Court to
intervene in the proceeding initiated by' the Brotherhood's aforesaid
13 N. L R. B. 1291.
RADIO CONDENSER COMPANY 851
petition and a request for a declaratory judgment as to the effect of
the' Board's order of July 31 on the respondent's rights and duties
under the aforesaid contract. Thereafter, on November 27, 1939, the,
Board notified the respondent and the United that, on December 1,
1939, unless sufficient cause to the contrary should appear, the Board
would set aside its Decision and Order of July 31, 1939, and that
on the same date the Board also would receive objections to and hear
oral argument on its proposed action.6 On November 30, 1939, the
Brotherhood filed a written motion with the Court to require the
Board, within 5 days thereafter, either to, certify to the Court a
transcript of the record in this proceeding or to vacate its Order
of July 31, 1939. On or about December 1, 1939, the Board- filed
with the Court an affidavit in opposition to the Brotherhood' s afore-
said motion, in which it advised the Court of its intention to set aside
its Order of July 31 unless good cause to the contrary should appear.
Thereafter, Oil Decemer 4, 1939, the Court denied the Brotherhood's
motion.7 On December 5, 1939, pursuant to notice, oral argument
was had before the Board, at which the respondent and the United -
were represented. On December 6, 1939, the Board issued and duly
served upon the respondent and the United its order setting aside
the Decision and Order of July 31, 1939.
On December 20, 1939, the Board issued its order granting a lim-
ited intervention in this proceeding to the Brotherhood on the issue
raised by the Brotherhood's protest to the Board's approval of the
stipulation. On the same date the Board issued its order reopening
the record,, referring the case to the Regional Director for the Fourth
Region for the purpose of providing for a further hearing to afford
the parties an opportunity to present evidence concerning the exist-
ence of the aforesaid contract and the effect of the stipulation on
the contract. -
Pursuant to notice, a,further hearing was held at Camden, New
Jersey, on February 1 and 2, 1940, before James C' - -Batten, the Trial
Examiner duly designated by the Board. The respondent, the
United, the Brotherhood, and the Board were represented by counsel
and all participated in the hearing. Full opportunity to be heard,
to examine and to cross-examine witnesses, and to introduce evidence
bearing on the issues as limited by the Board's order of December
20, 1939, was afforded all parties. During the course of the hearing
the Trial Examiner made various rulings on motions and on objec-
9 On November 29, 1939, the Board notified the respondent and the United that the pro-
posed action and oral argument thereon were Postponed to December 5, 1939.
' On March 29, 1940, the Brotherbood ! s petition to review and set aside the Board 's Order
of July 31, 1939, and the respondent 's petition for a declaratory judgment were dismissed
by the Court on motion of the Board.
441343-42-vol 31-55
852 DECISION'S OF NATIONAL LABOR RELATIONS, BOARD,
tions to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no' prejudicial errors
were committed. The rulings are hereby affirmed.
Pursuant to procedure agreed to by the parties at the hearing,
the Brotherhood on February 7, 1940,$ filed with the Trial Examiner
its written offer of proof in which it offered to produce testimony and
other evidence to show the nature and extent of the effect that the
respondent's compliance with the stipulated order in the past had
had on the Brotherhood's rights and those. of its members under the
contract. '
On February 5, 1940, the United filed with the Trial Examiner
an offer of proof in which it offered to produce testimony in' rebuttal
of any further testimony which the Brotherhood or the respondent
were permitted to introduce; to produce testimony by way of cross-
examination of J. B. Thompson, who testified at the hearing on behalf
of the Brotherhood; and to produce testimony concerning the inten-
tion and understanding of the respondent and the Brotherhood as
to the meaning of the phraseology "a valid judgment, order or decree"
appearing in Section 24 of the contract. On the' same date the re-
spondent filed with the Trial Examiner a document captioned "Con-
tingent Offer of Proof," in which, after stating that it did not desire
to have the record reopened for the purpose of taking any further
testimony, the respondent set forth several offers of proof which it
desired to make if the record were reopened at the instance of one
of the other- parties to the proceeding. For reasons which herein-
after appear, it is unnecessary for us to consider'in more detail the
respondent's contingent offer of proof.
On February 12, 1940, the Trial Examiner ruled inadmissible the
said offers of proof made by the parties and also denied ,the request
of the Brotherhood for subpenas in support of its offer of proof.
On February 24, 1940, the Brotherhood filed exceptions to the, Trial
Examiner's rulings on its request for subpenas and,its offer of proof.
We hereby affirm these rulings of the Trial Examiner, and overrule the
exceptions thereto. -
On March 1, 1940, the Brotherhood filed with the Board a motion,
that the Board state in any order it enters in this proceeding whether,
and to what extent, the respondent is required to disregard the terms
of the contract in carrying out such order. The Board hereby grants
this motion in the manner set forth below.
On March 29, 19,40, ,the Board duly notified the respondent, the
United, and the Brotherhood that a hearing would be held 'on April
9, 1940, for the purpose of oral 'argument. On April 3, 1940, the
8 The Trial Examiner noted his receipt of this document as of "1/7/40" ; this date, how-
ever, obviously should have been February 7, 1940.
r
RADIO 'CONDENSER COMPANY 853
Board issued its order cancelling the notice of oral argument, di-
recting that no Intermediate 'report be issued, directing, that Pro-
posed Findings of Fact, Proposed Conclusions of Law, and Proposed
Order be issued, and notifying the jjarties-of their right to file excep-
tions, to request oral argument before the Board, and to file briefs.,
On March 19; and on April 5, 1940, the respondent and the
Brotherhood, respectively, filed briefs with the Board. The 'Board
has considered the Brotherhood 's exceptions to the ' rulings' of the
Trial Examiner and its brief in support thereof and the respondent's
brief, and in so far as the exceptions are inconsistent with the find-
ings, conclusions, and order below, finds them to be without merit.
On June 6, 1940, the Board issued its Proposed Findings, Pro-
posed Conclusions of Law, and Proposed Order, copies-of which
were duly served upon the parties. On June 21, June 25, and July
1, 1940, the United, the Brotherhood , and the respondent, respec-
tively, filed their exceptions to the proposed decision . On August
20, 1940, the Brotherhood filed a brief in support of its exceptions.
Pursuant to notice duly served on,all the 'parties, a hearing was
held before the Board in Washington, D. C., on August 20, 1940,
for the purpose of oral argument. The respondent, the United, and
the Brotherhood were represented at and 'participated in the hearing.
The Board has considered all the exceptions to the Proposed
Findings of Fact, Proposed Conclusions of Law, and Proposed
Order, and-the brief submitted by the Brotherhood in support of
its exceptions, and finds the exceptions to be without merit save as,
they are consistent with the findings of fact, conclusions of law,
and order set forth below.
Upon the entire record in the case , the Board makes the following :
F-INDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a New Jersey corporation with its principal office
and' place of business at Camden, New Jersey, is engaged in the
manufacture , sale, and distribution of variable air condensers. The
principal materials used by the respondent in its operations are sheet
and strip aluminum, sheet and strip steel, steel and brass rod, bakelite
insulation , isolantite insulation , ball bearings , screws and other mis-
cellaneous hardware„ rivets, rod and strip nilvar silver, plating
material, and packing and shipping supplies. During the year
1938 the respondent purchased materials amounting to $295,323.50,
approximately 92 per cent of which" were purchased and caused to
be shipped by the respondent from points outside the State of New
Jersey to its Camden plant. During the same year the respondent
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
produced 1,455,424 variable air condensers, having a total value
of $1,232,790,, approximately 85 - per, cent of which, by number, were
caused to be sold and shipped by the respondent from its Camden
plant to purchasers located outside 'the State of New Jersey. The
respondent admitted that it was engaged in interstate commerce
within the meaning of the Act as interpreted in recent decisions of
the- Supreme Court of the United States..
We find that the above-described operations constitute a con-
tinuous flow of trade, traffic, and commerce among the several States.
II. THE ORGANIZATIONS INVOLVED -
United Electrical, Radio and Machine Workers of America, Local
109, affiliated with the Congress of Industrial Organizations, Inter-
national Brotherhood of Electrical Workers, and International
Brotherhood of Electrical Workers, Local B-987, affiliated with the
-American Federation of Labor,, are labor organizations, within the
meaning of the Act.
III. THE STIPULATED ORDER-THE CONTRACT
The contract between the Brotherhood and the respondent, dated
March 8, 1939, covers wages, hours, and working conditions, pro-
viding, inter alia, for a closed shop, a seniority system, and wage
rates. As we have heretofore noted, the stipulation provides for
the entry ,of a Board order requiring the respondent to cease and
desist from specified unfair labor practices and to restore in the
manner hereinabove set forth the status quo' of the employees who
were alleged to have been discriminatorily discharged by the
respondent.
The validity of the contract between the Brotherhood and the
respondent is not in issue in this proceeding and we therefore
assume its validity under the Act. Since the purpose of the Act
is, to encourage collective bargaining,-and since the Brotherhood
contract is the result of collective bargaining, we are of the opinion
that in order to effectuate the policies of the Act the respondent
should not be compelled to take or''refrain from taking any action
which, by its contract with the Brotherhood, it promised, respec-
tively, to refrain from taking or to take. Accordingly, we hereby
rule and find that the stipulated order shall not be construed so as
to require the respondent to violate its obligations under its con-_
tract with the Brotherhood .9 We find, further, that the entry of
9 Section 24 of the contract provides as follows • "This agreement is subject to any and
all valid judgments , orders, or decrees of the courts or any legally constituted tribunal of
competent jurisdiction." Assuming that by this clause the parties subjected their contract
to our order , we are of the opinion, nevertheless , that, for the reasons stated , we should,
as a-matter of sound policy, construe the order as stated in the text.
RADIO CONDENSER COMPANY 855
the stipulated order, as thus construed, will effectuate the policies
of the Act 10
Upon the basis of the foregoing findings of fact and upon the
,entire record in the case, the Board makes the following :
Coxc usioNs OF LAW
1. The operations of the respondent, Radio Condenser Company,
Camden, New Jersey, occur in commerce, within the meaning of
Section 2 (6) and (7) of the Act.
2. United Electrical, Radio and Maclaine Workers of America,
Local 109, affiliated with' the Congress of Industrial Organizations,
and International- Brotherhood of Electrical Workers, and Inter-
natioliiil Brotherhood, of Electrical Workers, Local B-987, both-
affiliated with the American Federation of Labor, are labor organi-
zations, within the meaning of Section 2 (5) of the Act.
ORDER,
Upon the basis of the above findings of fact, conclusions of law,
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 Radio Condenser Company,
Camden, New Jersey, and its officers, agents, successors, and assigns
shall :
1: Ceast and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees of its Camden plant, 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 purpose of collective
bargaining or other mutual aid or protection, as guaranteed in
Section 7 of the Act;
(b) Discouraging membership in the United Electrical Radio and
Machine Workers of America, Local 109, affiliated with Congress
of Industrial Organizations, or any other labor organization of- tts
employees, by discharging or refusing to reinstate its employees of its
Camden plant, or in any manner discriminating in regard to their
hire and tenure of employment or any term or condition of employ-
ment because * of their membership in or assistance in behalf of the
United Electrical, Radio and Machine Workers of America, Local
109, affiliated with Congress of Industrial Organizations, or any
other labor organization. -
10 Of course , our order herein does not require the respondent to repeat such affirmative
action as it may have taken already in compliance with our order,'
856, DECISION'S OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board finds will
effectuate the purposes of the Act:
(a) Offer as hereinafter stated, to each of the employees named
in Appendices "A," "B," and "C" annexed hereto and made a part
hereof, on or before July 14, 1939, July 28, 1939, and September 1,
1939, respectively, full and unconditional reinstatement to' their
former positions or substantially equivalent positions, except as here-
inafter stated, without loss of seniority and without prejudice to
any other rights and privileges previously enjoyed by them. The
said offer shall be made by registered mail to each of said employees
within five (5) days of the approval of the aforesaid stipulation
by the National Labor Relations Board; in the absence of an accept-
ance of said offer within ten (10) days from the date of the receipt
thereof, said offer shall be'deemed rejected. The employees whose
names appear on Appendices "A," "B," and "C" whose jobs have
been eliminated or substantially altered since June 17, 1937, shall
be placed or retained in other jobs which they can perform; should
any abolished positions be reestablished hereafter, said employees
shall have first preference thereto;
(b) The amount of credit on seniority of said- employees from
June 17, 1937, until each employee is reinstated (in addition to their
'seniority- prior to June 17, 1937), shall be limited and determined
in accordance with the average number of weeks of employment
per man in the department into which each employee is placed dur-
ing the respective periods in question , which shall be computed by
adding the number of weeks the persons have worked in each depart-
ment and dividing that total by the number of persons who worked
in each of said departments from June 17, 1937, to the dates of
reinstatement of said employees;
(c) Grant to each of the employees named in Appendix "D,"
annexed hereto and made a part hereof, who have already been
reinstated to their former positions or substantially equivalent posi-
tions by the respondent, the same rights and privileges granted to
the employees named in Appendices "A," "B," and "C," including those
as set forth in paragraph 2 (b) and 2 (f) hereof; the rates of pay of
these employees, however, as specified in paragraph 2 (f) hereof,
shall take effect as of July 17, 1939;
(d), The employee on Appendices "A," "B," "C," and "D,"
annexed hereto and made a part hereof, who accept the respondent's
offer of aforesaid, shall be guaranteed one hundred (100) days'
employment during the fifteen (15) months net following the
dates of their respective reinstatements, after deducting from the
said one hundred (100) days the number of days of employment
which each said employee has had with the respondent herein since
June 17, 1937, to date of this aforesaid stipulation;
RADIO CONDENSER COMPANY 8,57
(e) Make whole each of the persons named in Appendix "E,"
annexed hereto and made a part hereof, for the loss of pay suffered
by reason of their discharge, by payment, to them of the slim of
$12,000, each to receive the sum set forth following his or her name,
which sum is in full payment for the amount which each would have
earned as wages from June 17, 1937, to said date of payment, said
payment to be made in six equal monthly installments , the first
installment to be made within 1, week after the approval of the afore-
said stipulation by the National Labor Relations Board, and monthly
thereafter , until each employee has received payment in the entire
amount set forth following his or her name;
(f) The employees named in Appendices "A," ' "B," and "C" shall
be paid at the basic rates now prevailing at the respondent 's plant
without diminution front said basic , rates because of their
unemployment since June 17, 1937; -
(g) Post and keep visible in prominent places in each department
of the respondent's plant, for a period of sixty (60) days after
receipt, copies of this Order and a notice stating that the respondent
will cease and desist in the manner aforesaid , and respondent will
take the affirmative action as aforesaid;
(h) Notify the Regional Director for the Fourth Region, in
writing, of compliance with this Order within sixty (60) days from
the date hereof. k f
MR. WILLIAM M. LEISERSON took no part in the consideration of
above Decision and Order.
APPENDIX A
Mary Bobson
Ethel Brimfield
Doris Daniels,
Stanley Domeracki
Edward L. Drozd
Lillian Dunn
Goldie Fields
Ed Fillman
Earl W. Fox, Jr,
Meyer Albert
Joseph Corbett
Grace Daniels
William Dunn
Frank Fiumano
Thomas F. Goodway
Stella Helhowska (Corbett)
Paul B . Mathews
Mary Murtha
Joseph Sikorski
Howard Starts
Marne Stang
Michael Sweeten
Wm. Williard Wilson
APPENDIX B
James Fiumano
Leroy Garrison
Effie Harker
Nellie King
James Pacifico
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dale E: Powell
Albert E. Richardson 11
Earnest Villano
Arthur Watson
Carl Wells
W. C. Wilent
Alfred J. Arensberg
APPENDIX C
Julius Arensberg
Elizabeth Behm
Edith Bozarth
Ed Butcher
Mary Cianfarra (Leone)
William T. Cooper
Elizabeth Cramer (Lucas)
James F. 'Dalton
Dorothy Jones
,Theodore W. Kimic
Bernard Nugent
Edward Piotrowski
Harry Porch
Walter Ramowski
Henry Schwiering
Stanley Swiacki
Raymond Williams
Raymond Dean
John Gormley
Harry Marlowe
Henry, Leiner
William Lobley
Chester Lowan 12
Anthony Mielock
Charles Melchert
APPENDIX D
Adolph Arensberg
Natalie Arenberg
Elizabeth Basara
Ruth Beath
Martha Bembas (Kmiec)
- Margaret Knust Biwald
Estabula Brewin
Helene Burrichther
James E. Cahill
,Lillian T. Chromiec
Oscar Clouser
Francis Costello
Lillian Winner Cunningham
Felix Dabkowiski
Edward Deets
Anna DeSantis
Ruth DiPilla (on leave)
Edward -John Drozd
David Dunn '
Genevieve Dutkiewicz
Anna Evans (on leave)
Daniel Fitzpatrick
Angeline Frank
Eleanor Giles
Mary A. Gillespie
Mary Gormley
Margaret Hall
Eleanor Herneker
Mrs. H . P. Iwanowski ( Pierce)
Walter Jaconski
Blanche Jaskiewicz
Steve Karpiak
11 Listed in the complaint as Albert C. Richardson.
32 Listed in the complaint as Joseph Lowan.
RADIO CONDENSER COMPANY
Adam Kasycki
Helen H. Kawczak
Edward Kinsley
Jo Lavery, Jr.
`Joseph Malinowski ( Miller)
Grace Anne Martin
John Mazola
Marie McDonnell
George McGroarty
Henrietta McHenry
Amelia Melchert
Vernetta A. Miller
Grace Monczewski
Ada Morris
Harry Morris
Linnie Morris
Beatrice Nacey
Dorothy A. Neal
Frank Nelson
Rose Fiumano
Josephine Villano
John O'Keefe
Marte Onesty
859
William J. Otto
Hester Partridge
'George Peel
`Jennie Peel (on leave)
Charles Poore
Dorothy Prader
Louise Phillips
Paul Redheffer
Henry Roginski "
Dorothy Sauter
Frances Schaeffer
Arlene Simons,
Roy Snyder
Harry Stang
Helena Sinavage Stolarski,
Josephine Tomlin
Kay Troxell (O'Shaughnessy)
Celia Urbanowicz
Eleanor E. Ulmer
Helen Unitis
Florence Vogt
Mary Zemmis ( Zuchowiecz)
860 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
APPENDIX E
Meyer Albert_______________ $145 00 Josephine Tomlin ----------- $130.00
Adolph Arensberg----------- 195.00 Helen Unitis________________ 78. 00
Natalie Arensberg-------- 156. 00 Ernest Villano-------- ------ 130.00
Mary Bobson --------------- 204.00 Josephine Villano__--____-- 91.00
Martha Bembas_____________ 172.00 Arthur Watson------------- 195.00
Ed Butcher_________________ 110.00 Frank Fiumano------------- 305'. 00
James E. Cahill_____________ 159.00 James Fiumano_____________ 236. 00
Lillian Chromiec------------ 146.00 Rose Fiumano-------------- 195.00
Oscar Clouser--------------- 156.00 Stanley Jack Gabriel -------- 120 00
Joseph Corbett______________ 117.00 Eleanor Giles--------------- 78.00
Elizabeth Cramer (Lucas) -__ 130.00 Mary A. Gillespie --------- _- 104. 00
Lillian Winner Cunningham- 95.00 Thomas F. Goodway-------- 169.00
Doris Daniels--------------- 156. 00 John Gormley_______________ 101.00
Grace Daniels------------- 156. 00 Marie Gormley (Kepner)____ 156.00
Leonard Wm. Dastick------- 104.00 Stella Helhouska (Corbett) -- 156.00
Anna De Santis------------- 156.00 1Eleanor Herneker--__------- 78.00
Ruth Di Pilla---------------
Stanley Domeracki-----------
182.00
208.00
Stephanie Harker-----------
Mrs. H. P. Iwanowski
170.00
Edward L. Drozd------------ 143.00 (Pierce) ----------------- 13.00
David Dunn---------------- 92 00 Dorothy R. Jones ------------ 125.00
Lillian Dunn ( Smith ) ------- 156.00 Steve Karpiak-------------- 178.00
William Dunn- ____-_____-- 156.00 Adam Kaszycki------------- 156 00
Genevieve Dutkiewics-_----_ 196.00 Theodore W. Kimic---------- 169.00
Anna Evans________________ 143.00 Nellie King_________________ 202 00
,Daniel Fitzpatrick ---------- 182.00 Helen H. Kawaczak --------- 104.00
Vera Marie Marlowe-------- -65.00 Edward Kinsley ------------ 52. 00
Paul B. Mathews --------- --- 221.00 Walter Kwoka ------------- 117.00
Amelia Melchert------------ 143.00 Harry Marlowe_____________ 156.00
Vernetta A. Miller ----------- 39.00 Carl Wells ----------------- 195.00
Grace Monezewski---------- 49. 00' William W. Wilson---------- 195.00
Charles Melchert------------ 65,00 Raymond Williams---------- 39.00
Marte, Onesty --------------- 65 00 Raymond Dean_____________ 117. 00
William J. Otto------------- 91.00 William Lobley_____________ 150.00
James E. Pacifico----------- 130.00 Chester Lowan -------------- 140.00
Hester Partridge ----------- 156. 00 Joseph Malinowski---------- 100. 00
George Peel ________________ 198.00_ Marie McDonnell----------- 105.00
Jennie. Peel_________________ 156.00 Ann McGovern-------------- 105.00
Edward Piotrowski --------- 169.00 Anthony Mielock------------ 50.00
Dorothy Sauter------------- 91.00 Ada Morris----------------- 40.00
Ellis : Schlett---------------- 195.00 Linnie Morris--------------- 25.00
Henry Schwiering---------- 141. 00 Mary Murtha_______________ 105. 00
Joseph Sikorski------------- 85 00 Walter Ramowski ----- -------- 35.00
Arlene Simons-------------- 104.00 Paul Redheffer`°------------- 40.00
Roy Snyder----------------- 130.00 i Henry Roginski------------- 40.00
Howard Starts------------- 156.00 Michael Sweeten ------------ 85.00
nM St 156 00ame a g---------------- .
Stanley Swiacki------------- 250.00 Total_________________ 12,000'
ie Listed in the complaint as Joseph Lowan.