The Maico Co., Inc.

National Labor Relations Board - Board Decisions

May 27, 1942

41 N.L.R.B. 342 (N.L.R.B. 1942)

In the Matter of THE MAICO COMPANY, INCORPORATED and UNITEb
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. C-2189.-Decided May 27,1942
Jurisdiction : hearing aids manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Russell Packard, for the Board.
Mr. R. D. Peck, for the Independent.
Mr. Reuben A. Carlson, for the C. 1. 0.
Mr. Kenneth M. Owen, for the respondent.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND.
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Electrical,
Radio and Machine Workers of America, affiliated with the Congress
of Industrial Organizations, herein called the C. I. 0., the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Eighteenth Region (Minneapolis, Minnesota), issued
its third amended complaint, dated April 24, 1942, against The Maico
Company, Incorporated, Minneapolis, Minnesota, 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), (2), 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 and accompanying notice of hearing
were duly-served upon the respondent, the C. I. 0., and Maica Com-
pany Employees' Association, herein called the Independent, a labor
organization alleged in the complaint to be dominated by the re-
spondent. Concerning the unfair labor practices, the complaint al-
leged in substance (1) that the respondent on and after January
1941 advised, urged, threatened, and warned its employees to refrain
from becoming or remaining members of any labor organization;
41 N. L. R. B., No. 73.
342
THE MAICO COMPANY, INCORPORATED 343
(2) that the respondent discharged the following employees on or
about the respective dates appearing after their names and there-
after failed and refused to reemploy them because they were mem-
bers of and active in the C. I. 0.-: Willard Hein, September 25, 1941;
Romain Averill, September 26, 1941; Leland Severson, September
26, 1941; and Howard Peterson, September 26, 1941; (3) that the
respondent on or about September 26, 1941, discharged Edward
.Briscoe and failed and refused to reemploy him until about October
13, 1941, because he was a member of and active in the C. I. 0.;
(4) that on or about October 1941, and at all times thereafter, re-
spondent dominated and interfered with the formation and admin-
istration of the Independent, a labor organization of its employees,
and has contributed financial and other support to it; and (5) that
by the foregoing and -other acts, the respondent interfered with, re-
strained, and coerced its employees in the exercise of the rights
'guaranteed in Section 7 of the Act.
On May 6, 1942, prior to a hearing, the respondent, the Inde-
pendent, the C. I. 0., and the Regional Attorney for the Eighteenth
Region entered into a stipulation, subject to approval by the Board,
for settlement of the case. The stipulation provides as follows:
STIPULATION AND AGREEMENT
It being the mutual desire of all parties hereto amicably to
adjust any differences that may have arisen between them and
to conclude all proceedings before the National Labor Relations
Board in this matter,
IT IS HEREBY STIPULATED AND AGREED by and between The Maico
Company, Inc., hereinafter called the Respondent, by its attorney;
United Electrical, Radio and Machine Workers of America,
C. I. 0., hereinafter called the Union, by its representative; Maico
Company Employees' Association, hereinafter called the Associa-
tion, by its attorney; and Russell Packard, attorney for the
National Labor Relations Board:
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter called the
Board, by the Regional Director for the Eighteenth Region,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act and Article'IV, Section 1, of the
National Labor Relations Board Rules and Regulations-Series 2,
as amended, duly issued its Complaint and Notice of Hearing
on April 24, 1942, against Respondent, alleging that Respondent
344 DECISIONS OF NATIONAL: LABOR RELATIONS BOARD
had engaged in, and was engaging in, unfair labor practices
affecting commerce within the meaning of Section 8 (1), (2),,
and (3), and Section 2 (6) and (7) of the Act. ,
II
All parties hereto acknowledge due and timely service of
the Complaint, Notice of Hearing; and Third Amended Charge,
and expressly waive further pleadings, hearing, and the making
of findings of fact and conclusions of law by the Board.
III
Respondent is a corporation organized under and existing by
virtue of the laws of the State of Minnesota, having its principal
office and place of business in Minneapolis, Minnesota, where it
is engaged in the manufacture, sale, and distribution of hearing
aids, group hearing equipment, and related specialty items. In
the course and conduct of its business, Respondent causes, and
has continuously caused,. large quantities of raw materials to
be purchased and transported in interstate commerce from, into,
and through various and several of the United States other than
the State of Minnesota, to Respondent's place of business within
the State of Minnesota. During the first 8 months of the calendar
year 1941, the total purchases * of such raw materials by Re-
spondent amounted to approximately $115,000,' of which sum
more than 50 per cent represents items purchased and transported
from places'outside the State of Minnesota to Respondent's place
of business within the State of Minnesota. Respondent, in the
course and conduct of its business, causes, and has continuously
caused, large quantities of finished products to'be'sold and trans-
ported in interstate commerce from its place of business at Minne-
apolis in the State of Minnesota to, through, and into States of
the United States other than the State of Minnesota. During
the first 8 months of the calendar year 1941, the total sales of
such products by Respondent amounted to approximately $195,-
000, of which sum more than 50 per cent represents finished
products sold and transported in interstate commerce from Re-
spondent's place of business in the State of Minnesota to points
outside the State of Minnesota. Respondent concedes that its
operations affect commerce within the meaning of Section 2 (6)
and (7) of the Act.
IV
The Union and the Association are labor organizations within
the meaning of Section 2 (5) of the Act.
THE MAICO COMPANY, INCORPORATED 345
V
The Respondent asserts its denial that it has committed any
unfair labor practices as alleged in the Complaint and that no-
finding has been made by the Board, or is herein made, that the
,Respondent has committed the unfair labor practices, or any of
them, as alleged in the Complaint.
VI
This Stipulation and Agreement, together with the Third
Amended Charge, the Complaint, Notice of Hearing, and the
proof of service of the Complaint, Third Amended Charge, and
Notice of Hearing may be filed with the Chief Trial Examiner
of the. Board at Washington, D. C., and when so filed shall
constitute the entire record in the case.
VII
Upon the entire record, as set forth in Paragraph VI above, an
order may be forthwith entered by the Board providing as
follows: The Maico Company, Inc., its officers, agents, suc-
cessors, and assigns, shall :
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 activities for their mutual aid and protection, as
guaranteed in Section 7 of the National Labor Relations Act.
(b) Discouraging membership in United Electrical, Radio
and Machine Workers of America, C. I. 0., or any other labor
organization of its employees by discriminating with respect to
their hire or tenure of employment or any tenure or conditions
of employment.
(c) In any manner dominating or interfering with the admin-
istration of the Maico Company Employees' Association, or the
formation or administration of any other labor organization of
its employees, or contributing financial or other, support to said
Association or to any other labor organization of its employees.
(d) Giving effect to any oral or written contract or agreement
executed with the Maico Company Employees' Association, as
well as to any extension, renewal, modification, or supplement
thereof, and any superseding contract with the said Maico Com-
pany Employees' Association which may now be in effect.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from the Maico Company Em-
-ployees' Association as representative of any of its employees for
the purpose of dealing with Respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
other conditions of employment, and to completely' disestablish
the Maico Company Employees' Association as such representa-
tive.
(b) Notify the Maico Company Employees' Association in
writing that its contract with said organization is void and of
no effect.
(c) Make whole Willard Hein, Romain Averill, Leland Sever-
son, and Howard Peterson, and each of them, for any loss of
pay they may have suffered by reason of their discharge, by
payment to each of them of a sum of money equal to the amount
which he would normally have earned as wages during the period
from date of discharge to the date hereof, less his net earnings
during such period. Make whole Edward Briscoe for any loss
of pay he may have suffered by reason of his layoff from Sep-
tember 26, 1941 to October 13, 1941, by payment to him of the
sum of twenty dollars ($20.00).
(d) Post immediately upon entry of this order by the Na-
tional Labor Relations Board , and maintain for a period of at
least sixty (90) consecutive days from the date of posting in
conspicuous places at Respondent 's plant in Minneapolis , notices
stating :
(1) That Respondent will not engage in conduct-from which
it is ordered to cease and desist in Paragraph 1 (a) through
(d)-, inclusive;
(2) That Respondent will take the affirmative action set forth
in Paragraph 2 (a) through (c), -inclusive, of this order; and
(3) That Respondent 's employees are free to become or remain
members of the United Electrical, Radio and Machine Workers
of America, C. I. 0., or any other bona fide labor organization
of its employees, and that Respondent will not discriminate
against any employee because of membership or activity in such
organizations.
(e) Notify the Regional Director for the Eighteenth Region
within ten (10) days of the date of entry of this order by the
National Labor Relations Board of the steps which Respondent
has taken to- comply herewith.
THE MASCO COMPANY, INCORPORATED 347°
VIII
The parties hereby consent to the entry by any appropriate
United States Circuit Court of Appeals, upon application by
the Board thereto, of a decree enforcing the order of the Board
in the terms set forth above, and waive their rights to contest
the entry of such decree, and further, waive any and all require-
ments of notice of the filing of such application by the Board,
provided that a copy of said decree shall be served upon the
,Respondent after its entry.
IX
This Stipulation and Agreement is subject to the approval
of the Board and shall become effective immediately upon the
granting of such approval.
X
The entire agreement is contained within the terms of this
Stipulation, and there is no verbal agreement which varies or
alters the terms of this Stipulation.
On May 15, 1942, the Board issued an order approving the stipu-
lation, making it a part of the record and, pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceedings to the
Board, for the purpose of entry, of a decision and order, pursuant to
the provisions of said stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Respondent is a Minnesota corporation with its principal office
and place of business in Minneapolis, Minnesota, where it is engaged
in the manufacture, sale, and distribution of hearing aids, group
hearing equipment, and related specialty items. During the first 8
months of 1941 it purchased raw materials valued at approximately
$115,000, of which more than 50 percent was shipped to the respond-
ent's plant in Minnesota from points outside the State. During the
same period it sold products valued at approximately '$195,000, of
which more than 50 percent was shipped to points outside the State
of Minnesota. The respondent admits for the purpose of this pro-
ceeding that it is engaged in commerce within the meaning of the
Act.
348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the operations of the respondent constitute a con-
tinuous flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, the stipulation and
agreement, 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, The Maico Com-
pany, Incorporated, Minneapolis, Minnesota, its officers, agents, suc-
cessors, and assigns, shall:
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
activities for their mutual aid and protection, as guaranteed in Sec-
tion 7 of the National Labor Relations Act.
(b) Discouraging membership in United Electrical, Radio and
Machine Workers of America, C. I. 0., or any other labor organiza-
tion of its employees by discriminating with respect to their hire
or tenure of employment or any tenure or-conditions of employment.
_ (c) In any manner dominating or interfering with the adminis-
tration of the Maico Company Employees' Association, or the forma-
tion or administration of any other labor organization of its em-
ployees, or contributing financial or other support to said Association
or to any other labor organization of its employees.
(d) Giving effect to any oral or written contract or agreement
executed with the Maico Company Employees' Association, as well as
to any extension, renewal, modification, or supplement thereof, and
any superseding contract with the said Maico Company Employees'
Association which may now be in effect.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from the Maico Company Employees'
Association as representative of any of its employees for the' purpose
of dealing With respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or other conditions of
employment, and to completely disestablish the Maico Company
Employees' Association as such representative. -
(b) Notify the Maico Company Employees' Association in writing
that, its contract with said organization is void and of no effect.
(c) Make whole Willard Hein, Romain Averill, Leland Severson,
and Howard Peterson, and each of them, for any loss of pay they
THE MAICO COMPANY, INCORPORATED 349
may have suffered by reason of their discharge, by payment to each,
of them of a sum of money equal to the amount which he would
normally have earned as wages during the period from date of dis-
charge to the date hereof, less his net earnings during such period.
Make whole Edward Briscoe for any loss of pay he may have suffered
by reason of his layoff from September 26, 1941 to October 13, 1941,
by payment to him of the sum of twenty dollars ($20.00).
(d) Post immediately upon entry of this order by the National
Labor Relations Board, and maintain for a period of at, least sixty
(60) consecutive days from the date of posting in conspicuous places
at respondent's plant in Minneapolis, notices stating:
(1) That respondent will not engage in conduct from which it is
ordered to'cease and desist in Paragraph 1 (a) through (d), inclusive;
(2) That respondent will take the affirmative action set forth in
Paragraph 2 (a) through (c), inclusive, of this order; and '
(3) That respondent's employees are free to become or remain
members of the United Electrical, Radio and Machine Workers- of
America, C. I. 0., or any other bona fide labor organization of its
employees, and that. respondent will not discriminate against any
employee because of membership or activity in such organizations.
(e) Notify the Regional Director for the Eighteenth Region within
ten (10) days of the date of entry of this order by the National
Labor Relations Board of the steps which respondent has taken to
comply herewith.