Stoner Manufacturing Corp.

National Labor Relations Board - Board Decisions

Sep 16, 1940

27 N.L.R.B. 264 (N.L.R.B. 1940)

In the Matter of STONER MANUFACTURING CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 1202, INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 461,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLE-
MEN & HELPERS UNION OF AMERICA, LOCAL No. 423, AND METAL
TRADES DEPARTMENT OF THE AMERICAN FEDERATION OF LABOR,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-1472-Decided September* 16, 1940
Jurisdiction : vending machines and toys manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Hyman A. Schulson and Mr. Abraham J. Harris, for-the
Board.
Mr. Barnabas F. Sears, of Aurora, Ill., for the respondent.
Mr. Herbert S. Thatcher, of Washington, D. C., and Mr. Daniel D.
Carmell, of Chicago, Ill., for the Unions.
Mr. Robert D. Allen, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Association of Machinists, Local No. 1202, International Brother-
hood of Electrical Workers, Local No. 461, International Brotherhood
of Teamsters,. Chauffeurs, Stablemen & Helpers Union of America,
Local No. 423, and Metal Trades Department of the American Feder-
ation of Labor, affiliated with the American Federation of Labor,
herein sometimes collectively called the Unions, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Thirteenth Region (Chicago, Illinois), issued its complaint
dated June 2,1939, against Stoner Manufacturing Corporation, Aurora,
Illinois, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices affecting
27 N. L. R. B., No. 67. _
264
1
STONER MANUFACTURING CORPORATION 265
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 together with
notice of hearing were duly served upon the respondent and the
Unions.
Concerning the unfair labor practices, the complaint, as amended,
alleged"in substance (1) that on or about April 12, 1939, and at all
times thereafter, the respondent refused to bargain collectively with
the Unions as the exclusive representative of a majority of the re-
spondent's employees in an appropriate unit consisting of all, pro-
duction employees, but excluding clerical and office workers and
supervisory employees; (2) that in July 1937 and on certain named
dates thereafter, the respondent laid off and discharged and there-
after refused to reinstate certain named employees for the reason
that they had joined and assisted the Unions and engaged in con-
certed activities for the purposes of collective bargaining and other
mutual aid and protection; 1 (3) that from on or about February
27, 1939, to the date of the filing of the second amended complaint,
the respondent advised, urged, and warned its employees to refrain
from joining or retaining membership in the Unions, interrogated
its employees regarding union affiliation, and advised its employees
that the respondent would never sign a contract with a labor organ-
ization; and (4) that by said acts and other acts the respondent
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act. Thereafter the
respondent filed its answer to the complaint, as amended, denying
the material allegations thereof with respect to the unfair labor
practices. In its answer the respondent admitted certain of the
allegations of the complaint, as amended, concerning the nature of
its business.
Pursuant to notice. a hearing was held from July 6 to August 4,
1939, at Aurora, Illinois, before Whitley P. McCoy, the Trial Exam-
iner duly designated by the Board. The Board and the respondent
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties. At the close of the hearing the parties were given permission
to and did argue orally before the Trial Examiner and thereafter the
respondent filed a brief with the Trial Examiner.
I The following employees were alleged to have been discriminatorily discharged ; John
George Tschannen , Matthew wollwert, Louis Fabian , Alice Dwiggins , Theodore Adams,
Ernest Breese , George Clark , John Franzen , Edward Ginther , Francis Flaake, Harold Holt,
Henry Flotopp , James Ingraham , Peter Kramer, John N Kramoski , Carl Maier, Steve Martin,
Ann Murphy , Harry Parker , Donald ' Rosentreter , Fred Snyder , Virginia Stegmann, Nicholas
Tolian, Edward wagoner, and Peter woliwert.
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 15, 1940, the Trial Examiner issued his Intermediate
Report, copies of which were duly served upon all the parties, wherein
he found 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 Act. He
recommended that the respondent cease and desist from interfering
with, restraining, or coercing its employees in the exercise of the
rights guaranteed in Section 7 of the Act, cease and desist from
discouraging membership in the Unions or any other labor organiza-
tion by discriminating in regard to -hire or tenure of employment,
and that the respondent take certain affirmative action in order to
effectuate the policies of the Act. He recommended the dismissal
of that portion of the complaint charging a violation of Section 8
(5) of the Act. Thereafter, the respondent and the Unions filed
their exceptions to the Intermediate Report and the record in the
case, together with briefs in support of such exceptions. Pursuant
to request therefor by the respondent and the Unions oral argument
before the Board was scheduled for August 20, 1940, and notice
thereof was given to all parties. At the opening of such oral argu-
ment the respondent and the Unions announced that they had arrived
at a settlement of the case. On September 4, 1940, the respondent,
the Unions, and counsel for the Board entered into a stipulation in
settlement of the case. This stipulation provides as follows :
STIPULATION
IT IS HEREBY STIPULATED by and between Stoner Manufacturing
Corporation, respondent herein, International Association of
Machinists, Local No. 1202, herein called the Machinists, Inter-
national Brotherhood of Electrical Workers, Local No. 461,
herein called the I. B. E. W., International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers Union of Amer-
ica, Local No. 423, herein called the I. B. T., Metal Trades De-
partment of the American Federation of Labor, herein called
the Metal Trades Department, and herein collectively called the
Unions, and Abraham J. Harris, attorney for the National Labor
Relations Board, that
I. Upon charges and amended charges duly filed by the Unions,
the National Labor Relations Board, by the Regional Director
for the Thirteenth Region (Chicago, Illinois), acting pursuant
to authority granted in Section 10 (b) of the National Labor
Relations Act, 49 Stat. 449, and its Rules and Regulations, issued
its complaint dated June 2, 1939, its amended complaint dated
June 13, 1939, and its second amended complaint dated Jude 29,
STONER MANUFACTURING CORPORATION 267
1939, against Stoner Manufacturing Corporation, respondent
herein.
II. Pursuant to notice to all parties, a hearing was held before
Whitley P. McCoy, the Trial Examiner duly designated by the
Board, from July 6 to August 4, 1939. On January 15, 1940,
the Trial Examiner issued his Intermediate Report herein, copies
of which were duly served upon the parties. On April 29, 1940,
and on May 6, 1940, respectively, the Unions and the respondent
filed their exceptions to the Intermediate Report of the Trial
Examiner.
III. Respondent Stoner Manufacturing Corporation is a,cor-
poration organized under the laws of the State of Illinois, with
its office and place of business at Aurora, Illinois. The respond-
ent is engaged in the design, manufacture, and sale of coin oper-
ating machines, vending machines, amusement games, and toys.
The Stoner Corporation was incorporated in 1934 under the laws
of the State of Illinois and is a subsidiary of the respondent
acting as agent, broker, and factor in the purchase and sale of
the products manufactured by the respondent. , In the conduct
of its business during the year 1938, the respondent purchased
raw materials consisting of steel, lumber, brass, paint, bakelite,
glass, and other materials of the value of $51,385.40, and me-
chanical gadgets and electrical step-ups of the value of $56,833.88.
Twenty-seven per cent of the raw materials used are purchased
in States other than the State of Illinois and are transported
to the respondent's plant in interstate commerce. During 1938
the respondent's sales amounted to $309,956.47, of which $234,-
006.59 represent , sales made to the Stoner Corporation, and
$135,949.88 represent sales to other customers. During 1938 the
Stoner Corporation caused finished products of the value of
$194,225.48 to be sold and transported from the plant in Illinois
to States other than the State of Illinois. In 1938 the respondent
sold and shipped to States other than the State of Illinois fin-
ished products of the value of $126,211.62. The respondent
admits that its operations affect commerce within the meaning
of Section 2 (6) and (7) of the Act. The respondent employs
about 200 persons.
IV. This stipulation may be introduced as evidence by filing
it with the Chief Trial Examiner of the National Labor Relations
Board at Washington, D. C.
V. Oral argument before the National Labor Relations Board
at Washington, D. C. is hereby expressly waived by the re-
spondent and the Unions herein. The respondent and the
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unions hereby withdraw their respective exceptions to the In-
termediate Report. ,
VI. Upon this stipulation, the Intermediate Report, and upon
the record herein, an order may forthwith be entered by the
National Labor Relations Board without further notice and
proceedings, providing as follows :
The respondent Stoner Manufacturing Corporation, Aurora,
Illinois, and its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Interfering with, restraining, or coercing its employees
in the exercise of their right to self-organization, to form, join,
or assist the International Association of Machinists, Local
No. 1202, International Brotherhood of Electrical Workers,
Local No. 461, International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers Union of America, Local
No. 423, and Metal Trades Department of the American Fed-
eration of Labor, Affiliated with the American Federation of
Labor, or any other labor organization, and to engage in con-
certed activities for the purposes of collective bargaining or
other mutual aid and protection; and
(b) Discouraging membership in the International Asso-
ciation of Machinists, Local No. 1202, International Brother-
hood of Electrical Workers, Local No. 461, and International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers
Union of America, Local No. 423, or any other labor organi-
zation, by discrimination in regard to, hire or tenure of em-
ployment.
2. Take the following affirmative action in order to effectuate
the policies of the Act :
(a) Post immediately in conspicuous places in its plant at
Aurora, Illinois, and maintain for a period of at least sixty
(60) consecutive days, notices to its employees stating that the
respondent will cease and desist in the manner aforesaid;
(b) Offer to Ernest Breese, Francis Haake, Henry Hotopp,
James Ingraham, Carl Maier, Steve Martin, Donald Rosen-
treter, Edward Wagener, John Franzen, Pete Woliwert, John
Kramoski, and Virginia Stegmann immediate and full rein-
statement to their former positions without prejudice to their
seniority and other rights and privileges;
(c) Upon application, offer to those of its employees who
were employed by the respondent on April 17, 1939, though
on strike and who subsequently remained on strike, and who
have not obtained other and substantially similar employment,
except those as to whom the complaint is herein, dismissed,
STONER MANUFACTURING CORPORATION 269
immediate and full reinstatement to their former positions
without prejudice to their seniority or other rights and privi-
leges, dismissing if necessary all persons hired to perform their
work since April 17, 1939; and
(d) File with the Regional Director for the Thirteenth
Region on or before twenty (20) days from the, date of the
entry of this Order, a report in writing setting forth in detail
the manner and form in which it has complied with the
foregoing.
It is further ordered that the complaint as amended, in so
far as it alleges that respondent has engaged in unfair labor
practices within the meaning of Section 8 (5) of the Act, be
and it hereby is dismissed.
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 within the meaning of Section 8 (3) of the
Act, by laying off and discharging Matthew Wollwert, Louis
Fabian, Jr., Alice Dwiggins, Nicholas Tolian, Edward Ginther,
Theodore Adams, George Clark, Harold Holt, Ann Murphy,
Harry Parker, Peter Kramer, and Fred Snyder, be and it
hereby is dismissed.
VII. It is stipulated and agreed that the United States Circuit
Court of Appeals for the Seventh Circuit may, upon application
by the National Labor Relations Board, enter a decree enforcing
the aforesaid Order of the Board, the respondent and the Unions
hereby expressly waiving any right to contest the entry of said
decree, and further, said application may be made at any time
convenient to said Board and without further notice, to the
respondent or the Unions of the application for entry of such
decree.
VIII. It is further stipulated, understood, and agreed that
the execution of this stipulation and said consent decree by the
parties hereto and compliance therewith shall conclude all mat-
ters arising in this proceeding, but shall not preclude the taking
of any steps necessary to procure the entry of said consent decree
in the United States Circuit Court of Appeals for the Seventh
Circuit.
IX. It is further understood and agreed that this stipulation em-
bodies the entire agreement between the parties concerning this
proceeding and that there is no verbal agreement of any kind
which varies, alters or adds to the stipulation.
X. It is further understood and agreed that this stipulation
is subject to the approval of the National Labor Relations Board
270' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and shall- become effective and binding iiiimediately upon such
approval.
On September 4, 1940, the Board issued its order approving the
above stipulation and making it part of the record in the case.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Respondent , Stoner Manufacturing Corporation , is an Illinois cor-
poration with its office and principal place of business at Aurora, Illi-
nois, where it is engaged in the design, manufacture , and sale of coin-
operating machines, vending machines, amusement games, and toys.
During 1938 , the respondent purchased raw materials consisting of
steel, lumber, brass , paint, bakelite, glass, and other materials of a
total value of $51 ,385.40 and mechanical gadgets and electrical step-ups,
of a value of $56,833.88 . Approximately 27 per cent in value of such
raw materials were purchased in States other than Illinois and trans-
ported to the respondent 's plant in interstate commerce. During the
year 1938, the respondent 's sales of finished products amounted to
$309,956.47 . Of such finished products more than 86 per cent in value
were sold either directly by the respondent or through the medium of
the Stoner Corporation , a subsidiary corporation which acts as the
respondent 's sales agent , to purchasers in States other than the State
of Illinois . The respondent employs approximately 200 persons.. It
admits that its operations affect commerce within the meaning of
Section 2 ( 6) and (7) of the Act.
We find that the above -described operations of the respondent con-
stitute a continuous flow of trade , traffic, transportation , and commerce
among the several States.
ORDER
Upon the basis of the above findings of fact, 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 the respondent , Stoner Manufacturing Corporation , Aurora, Illi-
nois, and its officers, agents , successors , and assigns , shall :
1. Cease and desist from :
(a) Interfering with, restraining, or coercing its employees in the
exercise of their right to self-organization , to form, join, or assist the
Initernational Association of Machinists , Local No. 1202, International
Brotherhood of Electrical Workers, Local No. 461 , International
Brotherhood of Teamsters, Chauffeurs , Stablemen and Helpers Union
STONER -MANUFACTURING CORPORATION 271
of America, Local No. 423, and Metal Trades Department of the Amer-
ican Federation of Labor, Affiliated with the American Federation of
Labor, or any other labor organization, and to -engage in concerted
activities for the purposes of collective bargaining or other mutual
aid and protection ; and
(b) Discouraging membership in the International Association of
Machinists, Local No. 1202, International Brotherhood of Electrical
Workers, Local No. 461, and International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers Union of America, Local No. 423,
or any other labor organization, by discrimination in regard to hire or
tenure of employment.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(a) Post immediately in conspicuous places in its plant at Aurora,
Illinois, and maintain for a period of at least sixty (60) consecutive .
days, notices to its employees stating that the respondent will cease
and desist in the manner aforesaid;
(b) Offer to Ernest Breese, Francis Haake, Henry Hotopp, James
Ingraham, Carl Maier, Steve Martin, Donald Rosentreter, Edward
Wabener, John Franzen, Pete Wollwert, John Kramoski, and Virginia
Stegmann immediate and full reinstatement to their former positions
without prejudice to their seniority and other rights and privileges;
(c) Upon application, offer to those of its employees who were
employed by the respondent on April 17, 1939, though on strike and
who subsequently remained on strike, and who have not obtained other
and substantially similar employment, except those as to whom the
complaint is herein dismissed, immediate and full reinstatement to
their former positions without prejudice to their seniority or other
rights and privileges, dismissing if necessary all persons hired to per-
form their work since April 17, 1939; and
(d) File with the Regional Director for the Thirteenth Region on
or before twenty (20) days from the date of the entry of this Order, a
report in writing setting forth in detail the manner and form in which
it has complied with the foregoing.
It is further ordered that the complaint as amended, in so far as it
alleges that respondent has engaged in unfair labor practices within
the meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed.
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
within the meaning of Section 8 (3) of the Act, by laying off and
discharging Matthew Wollwert, Louis Fabian, Jr., Alice Dwiggins,
Nicholas Tolian, Edward Ginther, Theodore Adams, George Clark,
Harold Holt, Ann Murphy, Harry Parker, Peter Kramer, and Fred
Snyder, be, and it hereby is, dismissed.