Schacht Rubber Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 18, 1938

8 N.L.R.B. 366 (N.L.R.B. 1938)

In the Matter Of SCHACHT RUBBER MANUFACTURING COMPANY and
UNITED RUBBER WORKERS OF AMERICA, LOCAL No. 130
Case No. C-615-Decided July 18, 1938
Rubber Goods Manufacturing Industry-Settlement: stipulation providing
for reinstatement and payment of back pay-Order. entered on stipulation.
Mr. Colonel C. Sawyer, for the Board.
Bowers, Feightner cE Bowers, by Mr. Lee M. Bowers and Mr..
Eben Lesh, of Huntington, Ind., for the respondent.
Mr. Floyd Robinson, of Mishawaka, Ind., for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
United Rubber Workers of America, Local No. 130, herein called
the Union, on June 8, 1937, filed a charge and, on January 11, 1938,
filed an amended charge with the Regional Director for the Eleventh
Region (Indianapolis, Indiana), alleging that Schacht Rubber Man-
ufacturing Company, Huntington, Indiana, herein called the re-
spondent, had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act.
On February 8, 1938, the National Labor Relations Board, herein
called the Board, pursuant to Article II, Section 37 (b), of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
issued its order consolidating this case and Matter of Schacht Rubber
Company and United Rubber Workers of America, Local No. 138
(case No. C-616). On March 15, 1938, the Board revoked its Order
of Consolidation, dated February 8, 1938, because a typographical
error appeared therein, and duly issued another order of consolida-
tion in these same two proceedings.
On March 19, 1938, the Board, by the said Regional Director, is-
sued and duly served its complaints and accompanying notices of
hearing against the respondent and the Schacht Rubber Company,
alleging that they had engaged in and were engaging in unfair labor
8 N. L R B, No. 39.
366
DECISIONS AND ORDERS 367
practices affecting commerce within the meaning of Section 8 (1)
and (3) and Section 2 (6) and (7) of the Act.
On March 29, 1938, the said Regional Director granted the re-
spondent's motion, filed on March 23, 1938, to sever the proceedings
for the purposes of hearing. The Board, by order dated May 14,
1938, severed the proceedings.
On March 29, 1938, the Board, by the said Regional Director, is-
sued and duly served its amended complaint and notice of hearing
thereon against the respondent, alleging that the respondent had
engaged in and was engaging in unfair labor practices within the
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
Act.
With respect to the unfair labor practices, the amended complaint
alleged, in substance, that the respondent, by threats, by circulating
antiunion petitions among its employees, by spying on union meet-
ings, and by other acts, interfered with, restrained, and coerced its
employees in the exercise of their rights guaranteed in Section 7 of
the Act ; and that the respondent terminated the employment of six
named employees and at all times thereafter refused to reinstate two
of them because they were members of the Union and had engaged
in concerted activities for the purposes of collective bargaining and
other mutual aid or protection.
Pursuant to notice, a hearing was held at Huntington, Indiana,
on March 31 and April 1, 1938, before William P. Webb, the Trial
Examiner duly designated by the Board. All parties participated in
the proceeding. The Board and the respondent were represented
by counsel and the Union by its international representative. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to produce evidence bearing upon the issues was afforded all parties.
During the hearing, by agreement of the parties, the respondent
filed its answer to the amended complaint, in which it admitted the
allegations concerning the nature and scope of its business but de-
nied the allegations of unfair labor practices.
On March 31, 1938, counsel for the Board and counsel for the re-
spondent and the representative of the Union entered into a stipula-
tion setting forth the facts concerning the nature and scope of the
respondent's business and the terms of an order which the Board
could enter in the case upon its approval of the stipulation. On
April 1, 1938, this stipulation was admitted and made part of the
record in the case without objection from any party. Thereupon
(he hearing was closed.
During the course of the hearing the Trial Examiner made several
rulings on motions in addition to those mentioned above. The Board
has reviewed the rulings made by the Trial Examiner and those made
368 NATIONAL LABOR RELATIONS BOARD
by the Regional Director prior to the hearing and finds that no
prejudical errors were committed. The rulings are hereby affirmed.
On May 21, 1938, the Trial Examiner filed his Intermediate Re-
port, in which he recommended that the Board approve the above-
mentioned stipulation and issue the order provided for therein. On
May 23, 1938, after having duly considered the provisions of the
said stipulation, the Board issued its order approving the said stipu-
lation and transferring the case to the Board for the purpose of
entry of a decision and order by the Board pursuant to the said
stipulation.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is an Indiana corporation, having its principal
office and place of business in Huntington, Indiana. It is engaged
in the manufacture, sale , and distribution of mechanical rubber
goods.
All raw materials used by the respondent in the operation of its
business during the year 1937, which were valued at $266,256.89, were
shipped from points outside the State of Indiana. During the same
year the respondent produced mechanical rubber goods valued at
approximately $750,000, about 95 per cent of which were shipped
to customers located outside the State of Indiana.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
H. THE BASIS OF SETTLEMENT
The above-mentioned stipulation provides as follows :
It is hereby stipulated and agreed by and between Schacht
Rubber Manufacturing Company, by Lee M. Bowers of the
firm of Bowers, Feightner & Bowers of Huntington, Indiana,
representing the Respondent herein and the Regional Director of
the Eleventh Region of the National Labor Relations Board by
Colonel C. Sawyer, trial attorney for said region, if approved by
the National Labor Relations Board, as follows :
1. Schacht Rubber Manufacturing Company operating a rub-
ber goods manufacturing plant at Huntington, Indiana, is an
Indiana corporation, incorporated 'October 11, 1909, and doing
business in said State of Indiana.
2. Schacht Rubber Manufacturing Company is engaged in
the manufacture, sale and distribution of mechanical rubber
goods at its said plant in the City of Huntington, Indiana.
DECISIONS AND ORDERS 369
3. Schacht Rubber Manufacturing Company purchased all raw
materials used during the past year in the manufacture of said
mechanical rubber goods, a total of $266,256.89, from outside
the State of Indiana. Said raw materials are all purchased from
jobbers, manufacturers and brokers in various parts of the
United States, and are shipped to said Schacht Rubber Manufac-
turing Company by truck, railroad freight and express.
4. Approximately 95 per cent of the mechanical rubber goods
so manufactured by Schacht Rubber Manufacturing Company
in the approximate sum of $750,000 is sold and shipped to cus-
tomers outside of the State of Indiana. The remaining 5 per cent
is sold and shipped to customers in the State of Indiana.
5. Approximately 10,000 to 15,000 pounds of mechanical rubber
goods are shipped daily from the plant at Huntington, Indiana,
to customers, by truck, railroad freight and express.
6. Sales are made by mail order, no salesmen being employed.
Sales are made directly to the customers. No advertising medium
is used by Schacht Rubber Manufacturing Company.
It is stipulated and agreed by all the parties, that neither of
the parties to this stipulation are to be precluded from proving
or introducing evidence as to the other or additional facts con-
cerning any and all matters relating to commerce hereinabove
stipulated.
It is further agreed and stipulated by the parties hereto that,
if approved by the National Labor Relations Board, an order
may forthwith be entered by said Board as follows :
1. Respondent, Schacht Rubber Manufacturing Company, will
cease and desist :
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of the rights to self-
organization, to form, join or assist labor organizations, to
bargain collectively through representatives of their own choos-
ing and to engage in concerted activities for the purpose of col.
lective bargaining or other mutual aid or protection, as guaran-
teed in Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the United Rubber
Workers of America, Local No. 130 or in any other labor or-
ganization of its employees; by discharging, threatening, or
refusing to reinstate any of its employees for joining any labor
organization of its employees;
(c) From in any other manner discriminating against any of
its employees in regard to hire and tenure of employment or
any term or conditions of employment for joining any labor
organization of its employees.
370 NATIONAL LABOR RELATIONS BOARD
2. Respondent, the Schacht Rubber Manufacturing Compan},
will take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Harry Swartz and Dick Erickson immediate and
full reinstatement, to their former positions without prejudice
to any rights and privileges previously enjoyed by them.
(b) Make whole the following employees by paying them for
loss of time suffered by reason of their discharge, said loss of
time shown opposite their respective names, as follows :
flours
Harry Swartz------------------------------------------ 350
James Barton------------------------------------------ 216
Herman Simon----------------------------------------- 168
Arthur Rudig------------------------------------------ 168
Raymond Emley --------------------------------------- 250
Dick Erickson ----------------------------------------- 80
That payment for the time lost as above set out shall be at
the hourly rate in force when said employees were discharged.
(c) Post and keep visible, on the bulletin board in respondent's
plant, for a period of thirty (30) days after acceptance of this
stipulation by the National Labor Relations Board a notice
stating :
(1) That the respondent will cease and desist in the manner
aforesaid;
(2) That the respondent's employees are free to join or
assist any labor organization for the purpose of collective bar-
gaining with the respondent and the respondent's employees are
free to join or assist the United Rubber Workers of America,
Local No. 130.
(3) That the respondent will not discriminate against any
member of any labor organization of its employees or any per-
son assisting such labor organizations.
(d) File with Regional Director of the Eleventh Region,
within ten (10) days after acceptance of this stipulation by the
National Labor Relations Board, a report in writing, setting
forth in detail the manner and form in which the respondent
has complied with the foregoing requirements.
It is understood and agreed by and between the parties hereto
that, on acceptance of this stipulation by said National Labor
Relations Board, this shall be and constitute a full and complete
settlement and adjustment of any and all complaints, charges
and any and all other matters between the United Rubber Work-
ers of America, Local No. 130, and this respondent to the date
of this stipulation.
DECISIONS AND ORDERS
ORDER
371
Upon the basis of the above findings of, fact and stipulation and
upon 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 Schacht Rubber Manufacturing Company,
Huntington, Indiana, its officers, agents, successors, and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees-in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other mutual aid
or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the United Rubber Workers of
America, Local No. 130, or in any other labor organization of its
employees, by discharging, threatening, or refusing to reinstate any
of its employees for joining any labor organization of its employees;
(c) From in any other manner discriminating against any of its
employees in regard to hire and tenure of employment or any term
or condition of employment for joining any labor organization of
its employees.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Offer to Harry Swartz and Dick Erickson immediate and full
reinstatement, to their former positions without prejudice to any
rights and privileges previously enjoyed by them;
(b) Make whole the following employees by paying them for loss
of time suffered by reason of their discharge, said loss of time shown
opposite their respective names, as follows :
Hours
Harry Swartz---------------------------------------------- 350
James Barton----------------------------------------------- 216
Herman Simon--------------------------------------------- 168
Arthur Rudig----------------------------------------------- 168
Raymond Emley-------------------------------------------- 250
Dick Erickson---------------------------------------------- 80
Payment for the time lost as above set out shall be at the hourly rate
in force when said employees were discharged;
(c) Post and keep visible, on the bulletin board in respondent's
plant, for a period of thirty (30) days after acceptance of this
stipulation by the National Labor Relations Board a notice stating
(1) that the respondent will cease and desist in the manner afore-
117213-39-vol. 8-25
372 NATIONAL LABOR RELATIONS BOARD
said; (2) that the respondent's employees are free to join or assist any
labor organization for the purpose of collective bargaining with
the respondent and the respondent's employees are free to join or
assist the United Rubber Workers of America, Local No. 130; (3)
that the respondent will not discriminate against any member of any
labor organization of its employees or any person assisting such labor
organizations ;
(d) File with the Regional Director of the Eleventh Region, within
ten (10) days after acceptance of this stipulation by the National
Labor Relations Board, a report in writing, setting forth in detail the
manner and form in which the respondent has complied with the
foregoing requirements.