Robert S. Green, Inc.

National Labor Relations Board - Board Decisions

Aug 7, 1941

33 N.L.R.B. 1184 (N.L.R.B. 1941)

In the Matter of ROBERT S. GREEN, INCORPORATED and UNITED CON-
STRUCTION WORKERS ORGANIZING CO31MITTEE
Case No. C-1907.-Decided August 7, 1941
Jurisdiction : sale of building materials and supplies.
Unfair Labor Practices : employer refused to bargain collectively, contending
that its business does not fall within the jurisdiction of the Act-Board found
jurisdiction and a refusal to bargain collectively.
Remedial Orders : order to bargain collectively.
Unit Appropriate for Collective Bargaining : chauffeurs, helpers, and yardmen.
Mr. Lester M. Levin and Mr. Allan R. Rosenberg, for the Board.
Mr. Albert A. Sapero, of Baltimore, Md., for the respondent.
Mr. Frank J. Bender, of Baltimore, Md., for the Union.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge 11 duly filed by the United Construction
Workers Organizing Committee ,2 herein called the, Union, the Na-
tional Labor Relations Board, herein called the Board, by William
M. Aicher, Regional Director for the Fifth Region (Baltimore,
Maryland), issued its complaint dated May 9, 1941, against Robert
S. Green, Incorporated, Baltimore, Maryland, herein called the re-
spondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce, within the mean-
ing of Section 8 (1) and (5) and Section 2 (6) and (7) of the Na-
tional 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 Union.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent (1) from on or about September 1,
1940, interfered, with, restrained, and coerced its employees in the
exercise of their rights as guaranteed in Section 7 of the Act, and
1 The original charge was filed on April 7, 1941 ; the amended charge upon which complaint
issued was filed on May 9, 1941.
2 The Union is affiliated with the Congress of Industrial Organizations.
33 N. L. R. B., No. 200.
1184
ROBERT S . GREEN, INCORPORATED 1 1185
(2) on and after April 5, 1941, refused to bargain collectively with
the Union as the exclusive bargaining representative of its em-
ployees in an appropriate unit consisting of all chauffeurs, helpers,
and yardmen of the respondent, in its Baltimore plant, and thereby
interfered with, restrained, and coerced its employees in the exercise
of their rights as guaranteed in Section 7 of the Act. On May 20,
1941, the respondent filed its answer wherein it admitted that it had
refused to bargain collectively with the Union, but denied that it had
committed unfair labor practices within the meaning of the Act since
"its activities are not within the meaning of the interstate commerce
clause" of the Act.
Pursuant to notice, a hearing was held on May 22, 1941, at Balti-
more, Maryland, before Gustaf B. Erickson, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board, the
Union, and the respondent were represented by counsel and partici-
pated in the hearing. All parties were afforded full opportunity to be
heard, to examine, 'find cross-examine witnesses, and to introduce
evidence bearing upon the issues. During the course of the hearing
the Trial Examiner made a number of rulings on objections 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 of the Trial Examiner are hereby affirmed.
On June 17, 1941, the Trial Examiner issued his Intermediate
Report, copies of which were duly served upon the respondent and the
Union. The Trial Examiner found that the respondent had engaged
in and was engaging in unfair labor practices affecting commerce,
within the meaning of Section.8 (1) and (5) and Section 2 (6) and
(7) of the Act. He recommended that the respondent cease and
desist from its unfair labor practices and that, upon request, it bar-
gain collectively with the Union as the exclusive representative of all
chauffeurs, helpers, and yardmen in the respondent's Baltimore plant.
The respondent filed no exceptions to the Intermediate Report, and
made no request for oral argument. On July 16, 1941, the respondent
filed a brief, which the Board has considered.
Upon the entire record in the case, the Board 'makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Robert S. Green, Incorporated, is a Maryland corporation with
its principal place of business at Baltimore, Maryland, where it is
engaged in the business of selling ,building supplies and materials
at wholesale and retail. During 1939 the respondent purchased for
resale materials valued at about $580,700, approximately $503,319
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of which, by value, were shipped to it from points outside the State
of Maryland. Its purchases for the year 1940, with a few excep-
tions, were substantially the same as for the year 1939, and the
sources of its purchases were substantially the same. During 1939
and 1940 the respondent sold products. valued at about $715,000
and $730,000 respectively. Less than 1 per cent of these amounts
represents goods sold by it to points outside of Maryland.
II. THE ORGANIZATION INVOLVED
United Construction Workers Organizing Committee is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership chauffeurs, helpers, and yardmen of the
respondent in its Baltimore plant.
III. THE UNFAIR LABOR PRACTICES
The refusal to bargain collectively
At the hearing of this case, the parties entered into the following
stipulation :
"1. The record in the Matter of R. S. Green, Inc. (Case No.
R-2274), including the transcript of testimony, the exhibits, the deci-
sion and direction of election of the National Labor Relations Board,
issued February 21, 1941, and the Certification of Representatives,
issued March 29, 1941, shall be made a part of the record of the
above-entitled proceeding.
"2. R. S. Green, Inc., in Case No. R-2274, is the same company
as Robert S. Green, Incorporated; in 'the above-entitled proceeding.
"3. The unit appropriate for the purposes of collective bargaining
now is, and on and after March 31, 1941, has been the unit designated
by the Board in its decision and direction of election issued February
21, 1941, and its Certification of Representatives, issued March 29,
1941, in Matter of R. S. Green, Inc., Case No. R-2274.
"4. The United Construction Workers Organizing Committee is
a labor organization, within the meaning of Section 2, (5) of the
National Labor Relations Act, and that the said union now repre-
sents and on and after March 31, 1941, has at all times up to the
present represented, for the purposes of collective bargaining, a
majority of .the employees of Robert S. Green, Incorporated, in the
aforesaid unit.
i`5. Robert S. Green, Incorporated has at all times since March 31,
1941, refused to bargain with United Construction Workers Organiz-
ing Committee, although requested to do so, on the sole ground that
its business does not fall within the jurisdiction of the National Labor
Relations Act. (49 Stat. 449)"
ROBERT S. GREEN, INCORPORATED 1187
In addition to the above stipulation, the Board introduced in evi-
dence a letter dated March 31, 1941, from the Union to the respond-
ent, wherein the Union requested a conference for the purpose of
negotiating an agreement covering wages, hours of employment,
working conditions, and other conditions of employment, for April
8, 1941 at 10 a. in., in the office of the respondent. By letter, dated
April 5, 1941, respondent's.counsel advised the Union that the respond-
ent "cannot under the circumstances agree to enter into negotiations
as you suggested. Clients feel that the N. L. R. B. has no jurisdic-
tion in the premises and for that reason cannot accept your proposal."
1. The appropriate unit
In accordance with our previous determination as to the appro-
priate unit ,3 and upon the basis of the foregoing stipulation, we find
that all chauffeurs, helpers, and yardmen of the respondent in its
Baltimore plant at all times material herein constituted and that
they now constitute a unit appropriate for the purposes of, collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment, and that said unit insures to
the respondent's employees the full benefit of their right to self-
organization and collective bargaining and otherwise effectuates the
policies of the Act.
2. Representation by the Union of the majority in the
appropriate unit
On March 29, 1941, we certified the Union as the exclusive repre-
sentative of the employees in the above-defined unit' The parties
stipulated at the hearing that the Union is still such representative.
We find that on March 29, 1941, and at all times thereafter, the Union
was, and that it is, the duly designated representative of a majority
of the employees of the respondent in the aforesaid appropriate
unit.
3. The refusal to bargain collectively
The respondent has at all times, since April 5, 1941, refused to bargain
collectively with the Union although requested so to do, on the sole
ground that its business does not fall within the jurisdiction of the
Act. Since we have found, and herein find, that the respondent's
business does come within the jurisdiction of the Act,, we find-that
3Matter of R S. Green Inc and United Construction Workers Organizing Committee, 29
N L. R. B 1004
4 Matter of R . S. Green, Inc . and United Construction Workers Organizing Committee, 30
N. L R B 690 -
5 Newport News Shipbuilding & Dry Dock Co . v. National Labor Relations Board, 101
F. (2d) 841 (C C. A. 4), aff'd 308 U. S . 241; National Labor Relations Board v. Bradford
Dyeing A88 'n, 310 U. S 318.
450122-42-vol 33-76
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the respondent, on April 5, 1941, and at all times thereafter, refused
to bargain collectively with the Union as the exclusive representative
of its employees in the appropriate unit, and that it thereby interfered
with, restrained, and coerced its employees in the exercise of their
rights guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find that the activities of the respondent set forth in Section III,
above, occurring in connection with the operations of the respondent
described in Section I, above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and,
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE REMEDY
Since we have found that the respondent has engaged in certain
unfair labor practices we shall order the respondent to cease and
desist therefrom and take certain affirmative action which we find will
effectuate the policies of the Act.
Upon the basis of the foregoing findings of fact, and upon the
entire record in the case, the Board makes the following :
CONCLUSIONS, OF LAW
1. United Construction Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, is a labor organization
within the meaning of Section 2 (5) of the Act.
2. Chauffeurs, helpers, and yardmen of the respondent in its Balti-
more plant at all times material herein constituted and now constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
3. United Construction Workers Organizing Committee was on
March 29, 1941, and at all times thereafter has been, the exclusive
representative of all employees in such unit, for the purposes of col-
lective bargaining within the meaning of Section 9 (a) of the Act.
4. By refusing on April 5, 1941, and at all times thereafter, to bar-
gain collectively with the Union as the exclusive representative of its
employees in the appropriate unit, the respondent has engaged in
and is engaging in unfair labor practices within the'meaning of, Sec-
tion 8 (5) of the Act.
5. By interfering with, restraining, and coercing -its employees in
the exercise of the rights guaranteed in Section 7 of the Act, the.
respondent has engaged in and is engaging in unfair labor practices
within the meaning of Section 8 (1) of the Act.
ROBERT SL. GREEN, n OORPO'RAT'E'D 1189
6. The aforesaid unf air labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of law,
and pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that Robert S.
Green , Incorporated , Baltimore, Maryland , and its officers , agents,
successors , and assigns , shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with United Construction
Workers Organizing Committee as the exclusive representative of all
chauffeurs , helpers, and yardmen of the respondent in its Baltimore
plant;
(b) Engaging in any like or related acts or conduct 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 purpose of collective bar-
gaining and other mutual aid and protection , as guaranteed in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request bargain collectively with United Construction
Workers Organizing Committee, affiliated with the Congress of Indus-
trial Organizations , as the exclusive representative of all its chauffeurs,
helpers, and yardmen in its Baltimore plant, in respect to rates of pay,
wages, hours of employment , or other conditions of employment;
(b) Post immediately in conspicuous places throughout its Balti-
more plant and maintain such notices for a period of at least sixty (60)
consecutive days, notices to its employees stating ( 1) that the respond-
ent will not engage in the conduct from which it is ordered to cease
and desist in paragraphs 1 (a) and ( b) of this Order; and (2) that
the respondent will take the affirmative , action set forth in paragraph
2 (a) of this Order;
(c) Notify the Regional Director for the Fifth Region at Balti-
more, Maryland , within ten ( 10) days from the date of this Order
what steps the respondent has taken to comply herewith.
CHAIRMAN HARRY A. MILLis took no part in the consideration of the
above Decision and Order.