Standard Cap and Molding Co., Inc.

National Labor Relations Board - Board Decisions

Jan 30, 1940

19 N.L.R.B. 1070 (N.L.R.B. 1940)

In the Matter Of STANDARD CAP AND MOLDING Co., INC. and CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. C-1469.-Decided January 30, 1940
Paper Molding Industry-Settlement: stipulation providing for compliance
with the Act, including reinstatement of five persons with back pay, disestab-
lishment of and abrogation of"contract with company-dominated union-Order:
entered on stipulation.
Mr. Charles Y. Latimer, for the Board.
Rome & :Rome; by Mr. Nathan Hamburger, of Baltimore, Md., for
the respondent.
Mr. Frank J. Bender, of Baltimore, Md., for the Union.
Mr. Edward Scheunemann, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
.Upon charges and amended charges duly filed by Congress of In,
dustrial Organizations, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Fifth, Region (Baltimore, Maryland) issued its complaint
dated October 11, 1939, against Standard Cap and Molding Co., Inc.,
herein called respondent, alleging that respondent had engaged in
and was engaging in unfair labor practices affecting commerce 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. Copies of the complaint and notice of hearing thereon were
duly served upon respondent and the Union. On November 17, 1939,
the Board, by its Regional Director, issued its amended complaint,
copies of which with a notice of hearing thereon were duly served
upon respondent, the Union, and the Baltimore Plastic Closure
Workers Industrial Union, a labor organization alleged to have been
dominated by respondent.
The amended complaint alleged in substance (1) that respondent
discriminated in regard to hire and tenure of employment of Robert
Schwar, Milton Ayres, Walter Kress, Howard Colgin, and Minnie
19 N. L. R. B., No. 111.
1070
STANDARD CAP AND MOLDING COMPANY, INC. 1071.
Peterson; (2) that respondent dominated, interfered with, and con-
tributed support to the formation and administration of Baltimore
Plastic Closure Workers In Union; (3) that on August 2,
1939, and at all times thereafter, respondent refused and continues to
refuse to bargain collectively with the Union, the exclusive represent-
ative of the employees in' an appropriate unit; and (4) that by its
afore-mentioned acts, and by urging, warning, and threatening em-
ployees to refrain from becoming or remaining members of the
Union, respondent interfered with, restrained, and coerced its
employees in the exercise of rights guaranteed in Section 7 of the Act.
On October 23, 1939, respondent filed its answer to the complaint,
and on November 30, 1939, its answer to the amended complaint
denying that it had engaged in or was engaging in the unfair labor
practices alleged in the complaint or amended complaint.
Pursuant to notice, and notices of postponement, a hearing' was
begun on November 30, 1939, at Baltimore, Maryland, before Guy
Van Schaick, the Trial Examiner duly designated by the Board.
On January 12, 1940, respondent, the Union, and Charles Y.
Latimer, attorney for the Board, entered into a stipulation in settle-
ment of the case. ' The stipulation provides as follows:
It is hereby stipulated and agreed by and between the Stand-
ard Cap and Molding Co., Inc. (hereinafter called the respond-
ent), by Sidney Lowry, its President, the Congress of
Industrial Organizations (hereinafter called the union), by
Frank J. Bender, Regional Director for the State of Maryland,
and Chas. Y. Latimer, Attorney, National Labor Relations
Board, Fifth Region (hereinafter called the Board) that:
1. The respondent is and has been since 1936 a corporation
duly organized and existing under and by virtue of the laws
of the State of Maryland, having its principal office and place
of business at 307 S. Eaton Street, in the City of Baltimore,
State of Maryland, and is now and has continuously been en
gaged at its plant in Baltimore, Maryland, in the business of
manufacturing, selling and distributing plastics, molded bottle
tops and other molded products. The raw materials used in the
manufacture of its products consist principally of bakelite, durez
resinox and lining material. Raw materials during the fiscal
year of 1938 amounted to approximately 240,000 lbs. with a
value of approximately $28,800.00, of which approximately 98
percent is purchased and transported to its plant in Baltimore,
Maryland, from states other than the State of Maryland. The
finished products for the fiscal year 1938 amounted to approxi-
mately 240,000 lbs., with .a value of approximately $94,000.00,
of which approximately 98 percent is sold and transported to
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
states other than the State of Maryland. All shipments to and
from respondent's plant are made by rail, water and truck.
The officers of the respondent are :
Sidney Lowry, President.
Collins M. Crowther, 1st Vice-President.
David H. de Villiers, 2nd Vice-President.
George W. Walker, Secretary.
P. M. Vadala, Treasurer.
The respondent hereby agrees that it comes within the juris-
diction of the National Labor Relations Act.
2. The Congress of Industrial Organizations is a labor organ-
ization within the meaning of Section 2, subdivision (5) of the
National Labor Relations Act.
3. The Baltimore Plastic Closure Workers Industrial Union
is a labor organization within the meaning of Section 2, sub-
division (5) of the National Labor Relations Act.
4. Pursuant to formal service upon the respondent and the
union of the Sixth Amended Charge, Amended Complaint and
Notice of Hearing, and Answer filed by respondent to the
Amended Complaint, a hearing was held before a Trial
Examiner of the National Labor Relations Board in Baltimore,
Maryland, on November 30, December 1, and December 4, 1939.
No further testimony was taken after December 4, 1939, the
parties hereto having entered into this stipulation.,
5. All parties hereto, provided this stipulation is approved,
waive their right to further hearing and to the making of find-
ings of fact and conclusions of law by the National Labor
Relations Board.
6. All parties hereto agree that this stipulation may be filed
with the Chief Trial Examiner of the National Labor Relations
Board, Washington, D. C., and when so filed and approved, shall
be made part of the record in this case.
7. The parties hereto agree that the Board, upon the pleadings
and evidence adduced at the hearings on November 30, Decem-
ber 1, and December 4, 1939, and upon this stipulation, may
make the necessary findings of fact to establish jurisdiction.
8. Upon the basis of this stipulation, if approved by the Na-
tional Labor Relations Board, and pursuant to Section 10 (c)
of the National Labor Relations Act, an Order may forthwith
be entered by the said Board providing as follows :
ORDER
The respondent, its officers, agents and such successors and
assigns as may operate the business of the company at the
present plant at 307 S. Eaton Street, Baltimore, Maryland, shall :
STANDARD CAP AND HOLDING COMPANY, INC. 1073
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 activity for the purposes 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 Congress of Industrial
Organizations, or any other labor organization of its em-
ployees, or encouraging membership in the Baltimore Plastic
Closure Workers Industrial Union, or any other labor organiza-'
tion of its employees, by discharging or refusing to reinstate
any of its employees, or in any other manner discriminating in
regard to their hire and tenure of employment or any term or
condition of their employment;
(c) Dominating or interfering with the administration of the
Baltimore Plastic Closure Workers Industrial Union, or
dominating or interfering with the formation or administration
of any other labor organization of its employees, or contributing
support to any such labor organization;
(d) Recognizing the Baltimore Plastic Closure Workers In-
dustrial Union as the representative of any of its employees
for the purposes of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employ-
ment, or other conditions of employment; and
(e) Giving effect to or performing any contract now existing,
and from entering into, renewing or extending any contract
whereby the Baltimore Plastic Closure Workers Industrial
Union is recognized as the bargaining agency for any of its
employees.
2. Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Offer to Robert Schwar, Milton Ayres, Walter Kress,
Howard Colgin and Minnie Peterson full reinstatement to their
former positions, or if such positions are unavailable, to positions
substantially equivalent thereto, without prejudice to any rights
and privileges previously enjoyed by them.
(b) Make whole Robert Schwar, Milton Ayres and Walter
Kress for any loss of pay they have suffered by reason of re-
spondent's discrimination in regard to hire and tenure of. em-
ployment, by- paying to each of them a sum of money equal to
that which they would normally have earned as wages from
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
August 28, 1939, to December 7, 1939, the date of offer of re-
instatement, less his net earnings during said period, deducting,
however, from the amount otherwise due to each of the said
employees monies received by said employees during said period
for work performed on Federal, State, county, municipal or
other work-relief projects, and pay over the amount so deducted
to the appropriate fiscal agency of the Federal, State, county,
municipal or other government or governments which supplied
the funds for said work-relief projects;
(c) Make whole Minnie Peterson for any loss of pay she has
suffered by reason of respondent's discrimination in regard to
hire and tenure of employment, by paying to her a sum of
money equal to that which she would normally have earned as
wages from September 25, 1939, to December 7, 1939, the date
.of offer of reinstatement, less her net earnings during said
period ;
(d) Make whole Howard Colgin for any loss of pay he may
have suffered by reason of respondent's discrimination in regard
to hire and tenure of employment, by paying to him a sum of
money which he would normally have earned as wages from
August 28, 1939, to November 7, 1939, less his earnings during
said period and less any indebtedness to the company;
(e) Withdraw and continue to withhold all recognition of
the Baltimore Plastic Closure Workers Industrial Union as a
representative of any of its employees for the purpose of collec-
tive bargaining with the respondent' in respect to rates of pay,
wages, hours of employment and other terms or conditions of
employment, and completely disestablish the Baltimore Plastic
Closure Workers Industrial Union as such representative;
(f) Post immediately in conspicuous places throughout its
plant, and maintain for a period of sixty (60) consecutive work-
ing days, copies of this Order; and
(g) Notify the Regional Director for the Fifth Region of the
National Labor Relations Board within a period of ten (10)
days after the entry of this Order what steps have been taken to
comply with said Order.
9. The respondent hereby consents to the entry by an appro-
priate United States Circuit Court of Appeals, upon application
by the Board, of a decree enforcing an Order of the Board as
herein set forth, and hereby waives further notice of the appli-
cation for such decree. The union expressly waives any right
or privilege to contest the entry of this decree by an appropriate
United States Circuit Court of Appeals, and hereby waives
further notice of application for entry thereof.
STANDARD CAP -AND MOLDING COMPANY, INC. 1075
10. It is further stipulated and agreed by and between the
parties that on or after the approval of this stipulation up to the
date of the election referred to below, the respondent will obtain
from the union all new employees required with the exception of
supervisory, clerical and temporary employees. It is understood
that the words "temporary employees" shall mean any and all
employees whose services are required for a period not exceeding
48 hours. If any position originally considered "temporary"
becomes permanent, it shall be filled through the union.
It. It is further understood and agreed that within a period
of sixty (60) working days from the date of the approval of this
stipulation, an election shall be held to determine whether or not
the eligible employees, as specified below, desire to be represented
by the union as their exclusive representative for the purposes of
collective bargaining with the company with respect to rates of
pay, wages, hours of employment and other conditions of
employment.
12. Said election shall be conducted by the Regional Director
for the Fifth Region of the National Labor Relations Board,
and shall be pursuant to the National Labor Relations Act and
to rules, regulations and decisions of said Board, except that the
Regional Director shall rule upon objections to the conduct of
this election. The election- shall be conducted in a place and on
a date to be determined by the Regional Director.
13. All employees, except supervisory and clerical, of the com-
pany on the payroll as of the payroll date immediately preceding
the date of the election, including those temporarily absent for
illness or other cause, and excluding all who have since volun-
tarily quit or who have been .discharged for cause, shall be eligible
to vote in said election. Any dispute concerning the eligibility .
of a particular- employee and challenged ballots shall be deter-
mined by the Regional Director.
14. The respondent and the union shall cooperate fully with
the Regional Director in the conduct of said election. The
respondent shall cooperate to the extent requested by the Regional
Director, in furnishing facilities for the election and other sup-
plies, services and materials. The respondent shall furnish the
payroll lists and other information required by the Regional
Director in the conduct of said election. Employees will not lose
pay for the time spent in voting or in serving as authorized
observers.
15. If the union receives a majority of the ballots in said
election, the respondent agrees to recognize the union as the
exclusive representative of all employees, except those engaged
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in a supervisory and clerical capacity, for the purposes of collec-
tive bargaining with it in respect to rates of pay, wages, hours of
employment and other conditions of employment.
16. The respondent and the union further agree to accept as
final the determination of the Regional Director following his
complete investigation of any questions raised in connection with
this election.
17. This stipulation shall be subject in all respects to the
approval of the Board, and shall become effective immediately
upon approval by the Board. If this stipulation is not approved
by the Board it shall be of no force and effect, and shall not be
used as evidence against the parties hereto in any subsequent
proceeding herein, and the respondent shall have the complete
right, without prejudice, to proceed with its defense in the pend-
ing case before the Board (Case No. V-C-753).
18. The entire agreement between all parties hereto is con-
tained within the terms of this stipulation, and there is no verbal
agreement of any kind which varies, alters, or adds to said
stipulation in any respect, and that compliance by the respondent
with the foregoing Order shall be a final and complete disposition
of all allegations set forth in the Amended Complaint in the
above-entitled matter.
19. The respondent enters into this stipulation with the under-
standing that. the allegations contained in the Amended Com-
plaint are not admitted by it.
On January 12, 1940, the Board issued its order approving the above
stipulation, making it a part of the record herein, and transferring
the proceeding to the Board for the purpose of entry of a decision
and order herein pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Standard Cap and Molding Co., Inc., is a Maryland corporation
with its principal office and place of business in Baltimore, Maryland.
It is engaged in the manufacture and sale of plastics, molded bottle
tops, and other molded products. In 1938 respondent purchased ma-
terials valued at approximately $28,800, and obtained approximately
98 per cent in value of such materials from.States other than Mary-
land. During the same period it manufactured products valued at
approximately $94,000, and it shipped approximately 98 per cent in
STANDARD 'CAP AND MOLDING CD&I'PANY, INC. 1077
value of such products to States other than Maryland. Respondent
admits that it is subject to the jurisdiction of the Act.
We find that the above-described operations of respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
ORDER
Upon the basis of the above findings of fact and stipulation and
pursuant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that Standard Cap
and Molding Co., Inc., Baltimore, Maryland, its officers, agents and
such successors and assigns as may operate the business of respondent
at. the present plant at 307 S. Eaton Street, Baltimore, Maryland,
shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing it's
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
activity for the purposes 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 Congress of Industrial
Organizations, or any other labor organization of its employees, or
encouraging membership in the Baltimore Plastic Closure Workers
Industrial Union, or any other labor organization of its employees,
by discharging or refusing to reinstate any of its employees, or in
any other manner discriminating in regard to their hire and, tenure
of employment or any term or condition of their employment;
(c) Dominating or interfering with the administration of the
Baltimore Plastic Closure Workers Industrial Union, or dominating
or interfering with the formation or administration of any other
labor organization of its employees, or contributing support to any
such labor organization ;
(d) Recognizing the Baltimore Plastic 'Closure Workers Industrial
Union as the representative of any of its employees for the purposes
of dealing with the respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other conditions
of employment ; and
(e) Giving effect to or performing any contract now existing, and
from entering into, renewing or extending any contract whereby the
Baltimore Plastic Closure Workers Industrial Union is recognized
as the bargaining agency for any of its employees.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
289030-41-vol. 19--69
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Offer to Robert Schwar, Milton Ayres, Walter Kress, Howard
Colgin and Minnie Peterson full reinstatement to their former posi-
tions, or if such positions are unavailable, to positions substantially
equivalent thereto, without prejudice to any rights and privileges
previously enjoyed by them;
(b) Make whole Robert Schwan*, l'Xilton Ayres and Walter Kress
for any loss of pay they have suffered by reason of respondent's dis-
crimination in regard to hire and tenure of employment, by paying
to each of them a sum of money equal to that which they would
normally have earned as wages from August 28, 1939, to December
7, 1939, the date of offer of reinstatement, less his net earnings during
said period, deducting, however, from the amount otherwise due, to
each of the said employees monies received by said employees during
said period for work performed on Federal, State, county, municipal
or other work-relief projects, and pay over the amount so deducted
to the appropriate fiscal agency of the Federal, State, county, munici-
pal or other government or governments which supplied the funds
for said work-relief projects;
(c) Make whole Minnie Peterson for any loss of pay she has
suffered by reason of respondent's discrimination in regard to hire
and tenure of employment, by paying'to her a sum of money equal
to that which she would normally have earned as wages from Sep-
tember 25, 1939, to December 7, 1939, the date of offer of reinstate-
ment, less her net earnings during said period;
(d) Make whole Howard Colgin for any loss of pay he may have
suffered by reason of respondent's discrimination in regard to hire
and tenure of employment, by paying to him a sum of money which
he would normally have earned as wages from August 28, 1939, to
November 7, 1939, less his earnings during said period and less any
indebtedness to the company;
(e) Withdraw and continue to withhold all recognition of the
Baltimore Plastic Closure Workers Industrial Union as a representa-
tive of any of its employees for the purpose of collective bargaining
with the respondent in respect to rates of pay, wages, hours of em-
ployment and other terms or conditions of employment, and com-
pletely disestablish the Baltimore Plastic Closure Workers Industrial
Union as such representative;
(f) Post immediately in conspicuous places throughout its plant,
and maintain for a period of sixty (60) consecutive working days,
copies of this Order; and
(g) Notify the Regional Director for the Fifth Region of the Na-
tional Labor Relations Board within a period of ten (10) days after
the entry of this Order what steps have been taken to comply with
said Order.