The Lees-Bradner Co.

National Labor Relations Board - Board Decisions

May 5, 1942

40 N.L.R.B. 1173 (N.L.R.B. 1942)

In the Matter of THE LEES-BRADNER COMPANY and MECHANICS
EDUCATIONAL SOCIETY OF AMERICA , LOCAL No. 19 ( UNAFFILIATED)
Case No. C-2170.Decided May 5, 1942
Jurisdiction : threadmillers manufacturing industry
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation
Mr. Max TV. Johnstone and Mr. George H. O'Brien, for the Board.
Mr. C. H. Shun, of Cleveland, Ohio, for the respondent.
Mr. William L. Brooker, of Cleveland, Ohio, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Mechanics Educational Society of
America, Local No. 19 (Unaffiliated), herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Eighth Region (Cleveland, Ohio), issued
its complaint, dated March 27, 1942, against The Lees-Bradner Com-
pany, Cleveland, Ohio, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices 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 complaint, accom-
panied by a notice of hearing, -were duly served upon the respondent
and the Union.
Concerning' the unfair labor practices, the complaint alleged, in
substance, that the respondent (1) discouraged membership in the
Union by discharging Stephen Brooker, on or about November 15,
1941, and thereafter refusing to reinstate him, and by discharging
Emil Voytovich, on or about November 15, 1941, and upon reinstating
said employee, refusing to compensate him for his losses by reason of
said wrongful discharge and refusing to pay him his proper wages
at the rate of his earnings prior to said unlawful discharge, because
40 N L R. B, No 201.
1173
1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Brooker and Voytovich had joined and assisted the Union; (2) by its
officers, agents, and supervisory employees, stated to employees (a)
that because of their union activities they would not receive wage
increases, (b) that the names of some of them were on the respond-
ent's blacklist, (c) that the Union would not work to their advantage,
(d) that the respondent knew the names of leaders of organizational
activities among them, and (e) that it intended to get rid of "trouble-
makers"; (3) transferred employees to work with which they were
unfamiliar, and unjustly criticized the work of certain employees
because of their suspected union' activities and in order to discourage
membership in the Union ; (4) threatened to recall its request for
the deferment from Army service of certain of its employees in
order to discourage membership in the Union; (5) interrogated em-
ployees regarding their union membership and activities; (6) engaged
in surveillance of the Union's meeting places and scrutinized individ-
uals entering and leaving said meeting\,places; (7) characterized,
to its employees, union organizers in abusive and derogatory termi-
nology; (8) declined to ask Selective Service department for employees
affiliated with the Union while requesting deferment for employees
of no union affiliation; (9) deferred wage increases to employees of
known or suspected affiliation with the Union; and (10) by the fore-
going acts interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the ,Act.
Pursuant to notice, a hearing was held on April 9, 10, 13, 14, 15,
and 16, 1942, at Cleveland, Ohio, before Horace A. Ruckel, the Trial
Examiner, duly designated by the Chief Trial Examiner. The re-
spondent, the Union, and the Board were represented and partici-
pated in the hearing. During the course of the hearing, on April
16, 1942, the,respondent, the Union, and counsel for the"Board entered
into a 'stipulation in settlement, of the case. This stipulation provides
as follows :
It is hereby stipulated and agreed by and among The Lees-
Bradner Company, hereinafter, sometimes called the Respondent,
and Mechanics Educational Society of America, Local No. 19
(Unaffiliated), hereinafter sometimes called the Union, and
George H. O'Brien, Attorney for the Eighth Regional Office of
the National Labor Relations Board, and Max W. Johnstone,
Regional Attorney for the Eighth Regional Office of the National
Labor Relations Board, as follows :
1. Upon a charge duly filed by the Union, Hugh E. Sperry,
Regional Director for the Eighth Region of the National Labor
Relations Board, hereinafter sometimes referred to as the Board,
as agent for the Board, acting pursuant to authority granted in
Section 10 (b) of the National Labor Relations Act, hereinafter
THE LEES-BRADNER COMPANY 1175
sometimes referred to as the Act, and acting pursuant to the
Board's Rules and Regulations, Series 2, as amended, issued its
Complaint and Notice of Hearing on the 27th day of March,
1942, against the Respondent.
Thereafter, the Respondent filed an answer to the Complaint
issued herein on April 6, 1942, which answer contained various
general and specific denials to the allegations of the Complain,.
The Respondent hereby withdraws said answer referred to herein,
but does not admit by so doing the allegations of the Complaint
specifically or generally denied in said answer.
2. Thereafter, on April 9, 1942, a hearing in the matter com-
menced before a Trial Examiner of the Board pursuant to the
Complaint and Notice issued heretofore.
On the second day of the hearing, said hearing was recessed
for the purpose of considering a possible settlement in the case.
3. The Respondent is a corporation organized under and ex-
isting by virtue of the laws of the State of Ohio. It was incorpo-
rated in 1909. The Respondent operates plants in the City of
Cleveland, State of Ohio, for the manufacture of threadmillers.
The raw materials used by the Respondent in the manufacture of
its finished products are, for the most part, steel, forgings, bronze,
iron castings, roller bearings, and ball bearings. Raw materials
to the approximate value of $750,000 are purchased by the Re-
spondent annually for the production of its finished products.,
Approximately 20 per cent of such raw materials are purchased
from suppliers located outside the State of Ohio. Finished ma-
chine tools to the approximate value of $2,100,000 annually, are
produced by the Respondent. Of these finished products, ap-
proximately 90 per cent in value are shipped to customers of the
Respondent located outside the State of Ohio. Practically all
of the finished products manufactured by the Respondent are
absorbed by the United States Government. The Respondent is
engaged in commerce within the meaning of the Act.
4. The Union is a labor organization within the meaning of
Section 2 (5) of the Act.
5. The Respondent discharged one of its employees, Stephen
Broocker, on or about November 15, 1941, and has at all times
since failed and refused to reinstate the said Stephen Broocker.
The Respondent discharged another of its employees, one Emil
Voytovich, on or about November 15, 1941. and later on or about
December 5, 1941, the Respondent reinstated the said Emil Voy'
tovich to his employment with the, Respondent, except that the
Respondent did not reinstate the said Emil Voytovich to his
employment with the same rate of pay to which the said Emil
1 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Voytovich was entitled at, the time of his discharge by the
Respondent on November 15, 1941.
6. The Board, in taking further action lirovided by this Stipu-
lation, may disregard the testimony and other evidence taken
at the hearing in this matter heretofore.
7. Nothing contained herein detracts from the Respondent's
right to hire and discharge its employees for good cause, except
that the Respondent may not discriminate against any employee
because of his membership in or activity on behalf of any labor
organization or because of engaging in concerted activities, as
contemplated by the Act.
8. All parties hereto hereby consent to the entry of an Order,
by the Board providing that on the basis of the Charge filed by
the Union, the Complaint, and the Notice of Hearing, all referred
to above, and this Stipulation, pursuant to Section 10 (c) of the
National Labor Relations Act, the Respondent, its officers, agents,
successors, and assigns, shall:
I. Cease and desist from :
(a) Discouraging membership in Mechanics Educational So-
ciety of America, Local No. 19, unaffiliated, or any other labor
organization of its employees, by discharging or refusing to rein-
state any of its employees, or in any other manner discriminating
in regard to their hire or tenure of employment;
(b) In any other 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 bar-
gain 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.
II. Take the following affirmative action to effectuate the
policies of the Act :
(a) Immediately offer to Stephen Broocker full reinstatement
to his former or a substantially equivalent position without prej-
udice to his seniority and other rights and privileges;
(b) Make whole the said Stephen Broocker for any loss of
pay he has suffered by reason of the Respondent's discriminatory
discharge of the said Stephen Broocker, by payment to him of the
sum of Six Hundred Twenty Dollars and Ninety-two Cents
($620.92) ;
(c) Make whole the said Emil Voytovich for any loss or pay
he has suffered by reason of the Respondent's discriminatory dis-
charge of the said Emil Voytovich and failure to pay the said
Emil Voytovich his proper rate of pay upon reinstatement by
THE LEES-BRANDER COMPANY 1177
the Respondent of the said Emil Voytovich, by payment to him
of the sum of One Hundred Ten Dollars ($110.00), and restore
to the said Emil Voytovich his seniority and all other rights and
privileges;
(d) Immediately post in conspicuous places in and about its
West Side Plant in Cleveland, Ohio, and maintain for a period
of at least Sixty (60) consecutive days from the date of posting,
notices to its employees stating: (1) that the Respondent will
not engage in the conduct from which it is ordered to cease and
desist in Paragraphs I (a) and (b) ; (2) that it will take the
affirmative action set forth in Paragraphs II (a), (b), and (c)
of this Order; and (3) that the Respondent's employees are free
to become or remain members of the Mechanics Educational So-
ciety of America, Local No. 19, unaffiliated, and that the Re-
spondent will not discriminate against any employee because of
membership or activity in that organization;
(e) Notify the Regional Director for the Eighth Region, in
writing within Ten (10) days from the date of this Order, what
steps the Respondent has taken to comply herewith.
9. All parties hereto expressly waive further hearing herein
and the making of Findings of Fact and Conclusions of Law
by the Board.
10. All parties hereto acknowledge service of the Complaint,
Notice of Hearing, Charge, and a copy of the Board's Rules
and Regulations, Series 2, as amended, all issued herein.
11. This Stipulation, together with the Complaint, Notice of
Hearing, Charge, and the Board's Rules and Regulations, Series
2, as amended, all issued herein, may be filed with the Chief Trial
Examiner of°the Board in Washington, D. C., and when so,filed
shall constitute the record in this case.
12. Upon application by the Board, the United States Circuit
Court of Appeals for the Sixth Circuit, or any appropriate
Circuit Court of Appeals of the United States, may enter its
decree enforcing the Order of the Board as set forth in Para-
graph 8, above. All parties expressly waive all right and privi-
lege to receive further notice of the filing of an application for the
entry of such decree or to contest the entry of such decree.
13. This Stipulation contains the entire agreement among all
the parties hereto and there is no other agreement of any kind,
verbal or otherwise, which varies, alters, adds to, or detracts from
this Stipulation.
14. This Stipulation is subject to the approval of the National
Labor Relations Board.
1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 24. 1942, the-Board issued its order approving the above
stipulation, making it a part of the. record in the case, and pursuant
to Article II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the proceeding
to the Board for the purpose of entry of a decision and order by the
Board 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
1. THE BUSINESS OF THE RESPONDENT
The Lees-Bradner Company, an Ohio corporation, is engaged in
the manufacture of threadmillers in Cleveland, Ohio. The respond-
ent purchases raw materials annually, valued at approximately
$750,000, approximately 20 percent of which is shipped to the re-
spondent from points outside the State of Ohio. The respondent
manufactures, annually, finished products valued at approximately
$2,100,000, approximately 90 percent of which is 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 constitute a continuous
flow of trade, traffic, 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 Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent , its officers , agents, successors, and
assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in Mechanics Educational Society
of America, Local No. 19, unaffiliated , 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 or tenure of employment;
(b) In any other manner interfering with, restraining , or coercing
its employees in the exercise of their riglits to self -organization, to
form, join ; or assist labor organizations , to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection , as guaranteed in Section 7 of the National
Labor Relations Act:
THE LEWS -BRADNEIR COMPANY 1179
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Immediately offer to Stephen Broocker full reinstatement to
his former or a substantially equivalent position without prejudice
to his seniority and other rights and privileges;
(b) Make whole the said Stephen Broocker for any loss of pay
he has suffered by reason of the Respondent's discriminatory dis-
charge of the Said Stephen Broocker, by payment to him of. the
-sum of Six Hundred Twenty Dollars and Ninety-two Cents
($620.92) ;
(c) Make whole the said Emil Voytovich for any loss or pay he
has suffered by reason of the Respondent's discriminatory discharge
of the said Emil Voytovich and failure to pay the said Emil Voyto-
vich his proper rate of pay upon reinstatement by the Respondent
of the said Emil Voytovich, by payment to him of the sum of One
Hundred Ten Dollars ($110.00), and restore to the said Emil
Voytovich his seniority and all other rights and privileges;
(d) Immediately post in conspicuous places in and about its West
Side Plant in Cleveland, Ohio, and maintain for a period of at least
Sixty (60) consecutive days from the date of posting, notices to its
employees stating: (1) that the Respondent will not engage in the
conduct from which it is ordered to cease and desist in Paragraphs
1 (a) and (b) ; (2) that it will take the affirmative action set forth
in Paragraphs 2 (a), (b), and (c) of this Order; and (3) that the
Respondent's employees are free to become or remain members of the
Mechanics Educational Society of America, Local No. 19, unaffiliated,
and that the Respondent will not discriminate against any employee
because of membership or activity, in that organization;
(e) Notify the Regional Director for the Eighth Region, in writing,
"within ten (10) days from the date of this Order, what steps the
J Respondent has taken to comply herewith.