The Gerstenslager Co.

National Labor Relations Board - Board Decisions

Oct 2, 1942

44 N.L.R.B. 726 (N.L.R.B. 1942)

In the Matter ,of THE GERSTENSLAGER COMPANY and FRED ANDERSON
(INDIVIDUAL)
Case No. C=23.44.1.Decided October 2,194
Jurisdiction : automobile truck body manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Messrs. George H. O'Brien and John W. Coddaire, for the Board.
Mr. Marion F. Graven, of Wooster, Ohio, for the respondent.
Mr. P. A. Trant, of Cleveland, Ohio, for the A. F. of L.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Fred Anderson an individual, the Na-
tional Labor Relations Board, herein called the Board, by the Regional
Director for the Eighth Region (Cleveland, Ohio), issued its amended
complaint dated September 2, 1942, against The Gerstenslager Coin-
pany, Wooster, Ohio, herein called the respondent, alleging 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 National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the amended complaint, charge, and
.notice of hearing were duly served upon the respondent, the employee,
and American Federation of Labor, a labor organization.
Concerning the unfair labor practices, the amended complaint al-
leged in substance that the respondent discouraged membership in Fed-
eral Labor Union No. 22365, affiliated with the American Federation of
Labor, herein called the Union, by discharging Anderson on or about
November 22, 1941, and at all times since said date failing and refusing
to reinstate him to his employment in its plant, because he had joined,
and, assisted the Union and had engaged in other concerted activities
for the purpose of collective bargaining or other mutual aid or pro-
tection, thereby interfering with, restraining, and coercing its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act.
44 N. L. R. B., No. 135.
726
THE GERSTENSLAGER COMPANY 727
On September 17, 1942, after the beginning of the scheduled hearing
in the case, the respondent, Anderson, the Union and counsel for the
Board entered into an Agreement of Settlement with respect to the
present case, subject to the approval of the Board. The Agreement of
Settlement provides as follows :
Agreement made this 17th day of September, 1942, by and
among, the following parties : Gerstenslager Company, herein
called the Respondent ; Fred Anderson, herein called the employee ;
Federal Labor Union 22365 of the American Federation of Labor,
herein called the union; and George H. O'Brien, attorney for the
National Labor Relations Board.
Witnesseth; whereas, a charge was duly filed by Fred Anderson
on February 4, 1942, with the Eighth Regional office of the Na-
tional Labor Relations-Board, herein called the Board, and
Whereas, the Regional Director of the said Regional office is-
sued an Amended Complaint based upon said charge on Septem-
ber 2, 1942, and
Whereas, all the parties hereby admit due and timely service
of said complaint and the accompanying Notice of Hearing, and
Whereas, Will Maslow was- duly designated as Trial Examiner
by the acting Chief Trial Examiner, and
Whereas, said hearing was duly commenced on September 17,
1942, and,
Whereas, the parties desire amicably to dispose of all the issues
raised by this complaint without the necessity of further proceed-
ings by or before the Board, although the employer specifically
denies that it has violated the National Labor Relations Act or
any other law of the land.
Now, therefore, it is mutually agreed as follows:
1. The Respondent is engaged in commerce within the meaning
of the National Labor Relations Act and subject to the jurisdic-
tion of the Board. S
2. The Respondent is an Ohio corporation operating a plant in
Wooster, Ohio, where it manufactures automobile truck bodies.
During the year 1941, which was a representative year in the
Respondent's business, it purchased wood and steel worth ap-
proximately two hundred fifty thousand dollars, about ten per
cent of which was shipped to its Wooster plant from points
located outside the State of Ohio. During the same period
Respondent manufactured truck bodies valued at approximately
six hundred fifty thousand dollars, about sixty per cent of which
was shipped in interstate commerce from its Wooster plant to
points outside the State of Ohio.
72S DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. Federal Labor Union 22365 of the American Federation of
Labor, herein called the Union, is a labor organization within the
meaning of Section 2, Subdivision 5, of the Act.
4. The parties waive further proceedings by or before the Board
and waive the making of findings of fact or conclusions of law
by the Board based upon the issues in this proceeding.
The parties agree to the entry by the Board without further
proceedings of an order in substantially the form set forth in
Appendix A.1
5. The parties agree to the entry by an appropriate United States
Circuit Court of Appeals upon application of the Board and with-
out further notice to the Respondent of a decree enforcing the order
of the Board set forth in Appendix A.
6. The original charge filed February 4, 1942, Notice of Hearing
dated September 8, 1942, the Amended Complaint dated Septem-
ber 2, 1942, the Answer of the Respondent dated September 17,
1942, and this Agreement of Settlement shall constitute the entire
record in this case and shall be filed with the Chief Trial Examiner,
National Labor Relations Board, Washington, D. C.
7. Fred Anderson hereby waives reinstatement to his former or
substantially equivalent employment.
8. The Agreement of Settlement disposes of all the issues created
by the Amended Complaint issued September 2, 1942.
9. The entire Agreement of Settlement is contained within this
instrument, ,and there is no oral agreement of any kind, which
modifies, alters, or varies this Agreement.
10. This entire Agreement is subject to the approval of the Board
and shall become effective immediately upon the granting of such
approval.
On September 24, 1942, the Board issued an Order approving the
above Agreement of Settlement, making it a part of the record, and
pursuant to Article II, Section 36, of National Labor Relations Board
Rules and Regulations-Series 2 as amended, transferring the proceed-
ing to the Board for the purpose of entering a decision and order pur-
suant to the provisions of the Agreement'of Settlement.
On the basis of the above Agreement of Settlement and ' upon the
entire record in-the case,.the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Gerstenslager Company, an Ohio corporation has a place of
business and plant, the only one involved in this proceeding, at Wooster,
i The order referred to in Appendix "A" is set forth as the Order in this Decision.
THE GERSTENSLAGER COMPANY 729
Ohio, where it is engaged in the manufacture, sale, and distribution
ofautomobile truck bodies. During the year 1941, the respondent
purchased for its Wooster, Ohio, plant raw materials including wood
and steel valued at approximately $250,000, of which approximately
10 percent was shipped to the plant from points outside.the State of
Ohio. During the same period, the respondent manufactured at its
Wooster, Ohio, plant products valued at approximately $650,000, of
which approximately 60 percent was shipped to points outside the State
of Ohio.
The respondent admits that it is engaged in commerce within the
meaning of the Act.' We find that the above-described operations of the
respondent constitute a continuous flow of trade, traffic, and commerce
among the several States.
ORDER
Upon the basis of the above findings of fact, the Agreement of
Settlement , and the entire record in the case, and pursuant to Section
10 -(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. The respondent , The Gerstenslager Company, its officers, agents,
successors , and assigns, shall not :
(a) Discriminate in regard to the hire or tenure of employment or
any term or condition of employment in order to encourage or discour-
age membership in any labor organization;
(b) In any other manner interfere with, restrain , or coerce employees
in the exercise of their rights to self-organization , to form, join, or
assist labor organizations , to bargain collectively through representa-
tives of their 'own choosing, and to engage -in concerted activities for the
purpose of collective bargaining or other mutual aid or protection.
2. The respondent , The Gerstenslager Company, its officers, agents,
successors and assigns , shall take the following affirmative action which
will effectuate the policies of the Act :
(a) Make whole Fred Anderson for any loss of pay he may have
suffered by reason of his discharge by payment to him of the sum of
$712.50;-
(b) Post notices in its plant at Wooster , Ohio, to its employees and
maintain such notices there for a period of sixty (60) consecutive days
from the date of posting stating, (1) that the respondent will not
engage in the conduct which it has been ordered to refrain from in
paragraphs 1 (a) and 1 (b) of this Order, and (2) will take the affirma-
tive action directed in paragraphs 2 (a) and 2 (b) of this Order;
(c) Notify the Regional Director of the Board of the Eighth Region
within ten (10) days of the issuance of this Order what - steps the
respondent has taken to comply therewith.