Servel, Inc.

National Labor Relations Board - Board DecisionsMar 25, 1940

21 N.L.R.B. 1025 (N.L.R.B. 1940)

In the Matter of SERVEL , INC. and UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA , LOCAL No. 1002 Case No. C-488 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER March 25, 1940 On March 25, 1939, the National Labor Relations Board'. herein called the Board, issued its Decision and Order in the above-entitled case." Thereafter, on March 11, 1940, Servel, Inc., the respondent herein, and counsel for the Board entered into a certain stipulation and agreement for the disposition of 'matters involved herein,' as therein set forth. On March 12, 1940, the Board issued its order approving the stipulation and agreement and making it part of the record herein. Now, therefore, upon said stipulation and agreement and upon the entire record in the case, IT IS ORDERED that the Order of the Board herein issued March 25. 1939, be, and same hereby is, vacated and set aside, AND IT IS FURTHER ORDERED i n lieu of said Order, its follows: 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 the respondent, Servel, Inc., and its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of Serve" Workers' Council, or the formation or administration of any other labor organization of its employees, and contributing support to Servel Workers' Council or to any other labor organization of its employees; '11 N L R. B. 1295. 21 N. L. R. B., No 97. 1025 1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Discouraging membership in United Electrical , Radio and Machine Workers of America , Local No. 1002, or any other labor organization of its employees by discriminating in regard to hire and tenure of employment or any term or condition of employment; (c) In any other manner interfering with, restraining ,, or coercing its employees in the exercise of the 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 and protection , as guaranteed in Section 7 of the Act. 2. Take the following affirmative . action, which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from Servel Workers' Council as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances , labor disputes, wages, rates of pay , hours of employment , or other conditions of employ- ment ; (b) Offer to Roy Brents, Merton McCool , Myron Leachman, Har- old Moore , and, James Deckard , and each of them, immediate and full reinstatement to their respective former positions , or if such positions be not available , then to substantially equivalent positions, without prejudice to their seniority or other rights or privileges; and make them whole for any loss of pay they have suffered by reason of their respective discharges or termination of their , employment by the respondent by payment of the sum of $500 to each of them; (c) Make whole Earl Brammer , Roddie Delany, George Grimm, Fred Schmidt, Thomas Vinson, and Earl Rhoades , and each of them, for any loss of pay they have suffered by reason of their re- spective discharges or termination of employment by the respondent by payment of the sum of $1,000 to each of them ; (d) Post, immediately notices in conspicuous places throughout its plant and maintain such notices for a period of thirty (30) consecu- tive days, stating that the respondent will not engage in any of the acts or practices set forth in paragraph 1 (a), (b), and (c) of this Order , and that it will take the affirmative action set forth in para- graph 2 ( a), (b), and ( c) of this Order; (e) Notify the Regional Director for the Eleventh Region in writ- ing within ten (10 ) days from the date of this Order what steps the respondent has taken to comply herewith. AND IT Is FURTHER ORDERED that the complaint , as amended, in so far as it alleges that the respondent has engaged in unfair labor practices in respect to the employees listed in Appendix "A", and Herschel Hopper, be, and it hereby is , dismissed. SERVEL INCORPORATED 1027 APPENDIX "A" Charles Carson William Cavis John Gibson Marion Grubb Gladys Hays Allen Hullett Thurlow Jones Ray Kanzler Gladys Kennada William Kennada Jessee Likens Lloyd Long George Ludwig John McIntosh Arthur Mundy John Pascoe Joseph Payne James Rogers Leroy Rounder Russell Stultz Jesse Sweet Harry Wingerter MR. WILLIAM M. LEISERSON took no part in the consideration of the above Order Vacating Order and Substituting Modified Order.