The Perry-Fay Co.

National Labor Relations Board - Board Decisions

May 28, 1940

23 N.L.R.B. 1294 (N.L.R.B. 1940)

In the Matter of THE PERRY-FAY COMPANY and LODGE No. 1282,
INTERNATIONAL ASSOCIATION OF MACHINISTS '
Case No. C 1576. Decided May 28, 1940
Screw Machine Products Manufacturing Industry-Settlement : stipulation
providing for compliance with the Act, including reinstatement with back pay
.and recognition of union-Order : entered on stipulation.
Mr. Max W. Johnstone, for the Board.
Mr. Glen 0. Smith, of Cleveland, Ohio, for the Company.
Mr. John J. Murphy, of Cleveland, Ohio, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Lodge No. 1282,
International Association of Machinists, 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 April 18, 1940, against The Perry-Fay Company,
Elyria, Ohio, herein called the respondent, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices affect-
ing 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 accompanying
notices of hearing thereon were duly served upon the respondent and
the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that the respondent at various times following Janu-
ary 26, 1938, refused to bargain collectively with the Union as the
exclusive representative of employees of the respondent in a unit
appropriate for collective bargaining, although the Union was on
January 26, 1938, and at all times thereafter has been, the duly desig-
nated representative of the majority of employees in such unit; (2)
that the respondent terminated the employment of three of its em-
23 N. L . R. B., No. 134.
1294
THE PERRY-FAY COMPANY 1295
ployees and refused to reinstate them because they were members of
the Union and engaged in concerted activities for their mutual aid
and protection; (3) that the respondent engaged in espionage designed
to discourage membership in and activity on behalf of the Union; and
'(4) that by these and .other acts, the respondent interfered with, re-
strained, and coerced its employees in -the exercise of rights guaranteed
in Section 7 of the Act.
Prior to a hearing, the respondent, the Union, and counsel for the
Board entered into a stipulation dated May 9, 1940. The stipulation
provides as follows :
STIPULATION
It is hereby stipulated and agreed by and among The Perry-
Fay Company, hereinafter called the Respondent, and Lodge
No. 1282, International Association of Machinists (American
Federation of Labor), hereinafter called the Union, and Oscar
S. Smith, Regional Director for the Eighth Region, National
Labor Relations Board, hereinafter called the Board, and Max
W. Johnstone, Attorney for the National Labor Relations Board,
as follows :
1. Upon a second amended charge duly filed by the Union,
Oscar S. Smith, Regional Director for the Eighth Region of the
National Labor Relations Board, as agent for the Board, acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, hereinafter 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
18th day of April, 1940 against the Respondent.
Thereafter, by a book telegram sent to the Respondent and to
the Union, the place of hearing was changed from 820 N. B. C.
Building, Cleveland, Ohio to Court Room No. 3, County Court
House, Elyria, Ohio.
2. The Respondent is a corporation organized under and exist-
ing by virtue of the laws of the State of Ohio. Respondent is
now and has continuously been engaged at its plant in the City
of Elyria, State of Ohio, in the manufacture and sale of screw
machine products. The Respondent, in the course and conduct
of its business, causes and has continuously caused a large part
of the raw materials used in the manufacture of its products to
be purchased and transported in interstate commerce from and
through States of the United States other than the State of
Ohio, to its plant in the City of Elyria, State of Ohio, and
causes and has continuously caused a large part of the screw
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
machine products manufactured by it to be sold and transported
in interstate commerce from its plant in the City of Elyria,
State of Ohio, into and through states of the United States
other than the State of Ohio.
The Respondent uses cold rolled steel and drawn steel in the
manufacture of its finished products . Respondent purchased
in the year 1939 cold rolled steel and drawn steel to the approxi-
mate value of eight hundred thousand dollars ($800,000.) Of
this amount some sixty percent (60%) came from sources out-
side the State of Ohio. The Respondent produced in the year
1939 , at its plant in Elyria in the State of Ohio, approximately
one million, two hundred and fifty thousand dollars ($1,250,000.)
in value of screw machine products. Approximately sixty per-
cent ( 60%) of the above amount of finished products was sold
and transported in interstate commerce outside , of the State, of
Ohio.
3. Respondent is engaged in commerce within the meaning of
Section 2 (6) of the Act.
4. International Association of Machinists and its affiliate,
Lodge No. 1282, are labor organizations within the meaning
of Section 2 (5) of the Act.
5. All the production and maintenance employees, exclusive
of clerical and supervisory employees, employed at the Elyria,
Ohio plant of Respondent constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (b) of the Act. On December 16, 1937 the Board, in a repre-
sentation proceeding (being Case 8-323 ) concerning the
employees of the Respondent at its Elyria, Ohio plant, found
the above defined unit, to be appropriate for the purposes -of
collective bargaining within the meaning of Section 9 (b) of the
Act.
6. On January 26, 1938, pursuant to an election held among
the employees in the unit above set forth, the Board, in accord-
ance with Section 9 (c) of the Act, certified that the Union had
been designated and selected by a majority of the production and
maintenance employees of the Respondent ( excluding clerical
and supervisory employees)' as their representative for the pur-
poses of collective bargaining. By virtue of said certification,
the Union became and has at all time since been the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages , hours of employ-
ment , and other conditions of employment.
THE PERRY-FAY COMPANY 1297
7. The Respondent laid off and/or discharged from its em-
ployment the following named employees on the dates set forth
after their names :
John Pluter, November 29, 1938.
William Pandy, January 12, 1938.
Frank Pluter, February 24, 1938, and December 29, 1938.
8. All parties hereto hereby consent to the entry of an Order
by the Board providing that on the basis of the Second amended
charge, filed by the Union, and the Complaint and Notice of
Hearing and the book telegram changing the place of hearing,
issued herein, 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 any labor organization of
its employees, including Lodge 1282, International Association
of Machinists (American Federation of Labor), by discharging
,or refusing to reinstate employees, or in any other manner dis-
criminating in regard to their hire or tenure of employment, or
any term or condition of employment;
(b) 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 the purpose of collective bargaining or
other mutual aid or protection as guaranteed in Section 7 of
the Act;
(c) Refusing to bargain collectively with Lodge 1282, Inter-
national Association of Machinists (American Federation of
Labor) as the exclusive representative of its production and
maintenance employees, exclusive of clerical and supervisory
employees, employed at the Elyria, Ohio plant of Respondent;
II. Take the following affirmative action to effectuate the
policies of the Act :
(a) Offer to John Pluter, William Pandy, and Frank Pluter
immediate and full reinstatement to their former or substantially
equivalent positions without prejudice to their seniority and
other rights and privileges;
(b) Make whole John Pluter, William Pandy, and Frank
Pluter for any loss of pay they may have suffered by reason of
the Respondent's discrimination in respect to their hire or tenure
of employment, by payment to John Pluter of the sum of one hun-
dred and twenty-five dollars ($125.00), to William Pandy of the
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- sum of two hundred and fifty dollars ($250.00), and to Frank
Pluter of the sum of two hundred and fifty dollars ($250.00) ;
(c) Upon request, bargain collectively with Lodge 1282, In-
ternational Association of Machinists (American Federation of
Labor), as the exclusive representative of the production and
maintenance employees of the Respondent, exclusive of clerical
and supervisory employees, employed at the Elyria, Ohio plant
of Respondent, in respect to rates of pay, wages, • hours of• em-
ployment, and other conditions of employment; and, if an under-
standing is reached on such matters, upon request embody 'such
understanding in a signed agreement;
(d) Post immediately in conspicuous places in the Elyria, Ohio
plant of Respondent, and maintain for a period of at least sixty
(60) consecutive days, 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), (b), and (c) of
this Order; (2) that it will take the affirmative action ordered
in Paragraph II (c) of this Order; '(3) that the Respondent's
employees are free to become or remain members of Lodge No.
1282, International Association of Machinists (American Fed-
eration of Labor), 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 of the
Board 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 their right to a hearing
and to the making of Findings of Fact and Conclusions of Law
by the Board.
10. All parties hereto acknowledge service of Complaint, Notice
of Hearing, Second Amended Charge, National Labor Relations
Board Rules and Regulations, Series 2, as amended, and book
telegram, issued herein.
11. This Stipulation, together with the Complaint, Notice of
Hearing, Second Amended Charge, National Labor Relations
Board Rules and Regulations, Series 2, as amended, and book
telegram, issued herein, may be filed with the Chief Trial Exami-
ner of the Board at Washington, D. C., and when so filed shall
constitute the record in this case.
12. Upon application by the National Labor Relations Board,
the United States Circuit Court of Appeals for the Sixth Cir-
cuit, 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 Paragraph 8, above. All parties expressly waive
THE PERRY -FAY COMPANY 1299
all right and privilege 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 between;
all parties hereto and there is no other agreement of any kind,
verbal or otherwise, which varies, alters. or adds to this
Stipulation.
14. This Stipulation shall be of no force and effect until and
unless approved by the National Labor Relations Board.
On May 14, 1940, the Board issued an order approving the above
stipulation, 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 case to the Board for
the purpose of entry of a decision and order pursuant to 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 COMPANY
The Perry-Fay Company is an Ohio corporation having its princi-
pal place of business in Elyria, Ohio, where it is engaged in the manu-
facture and sale of screw-machine products. During 1939 the re-
spondent purchased cold rolled steel and drawn steel valued at approxi-
mately $800,000, 60 per cent of which was shipped to it from points
outside the State of Ohio. During the same year the respondent sold
finished products valued at approximately $1,250,000, of which ap-
proximately 60 per cent was shipped to points outside the State. The
respondent admits that it is engaged in commerce within the meaning
of Section 2 (6) 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 and 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, The Perry-Fay Company, Elyria,
Ohio, its officers, agents, successors, and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in any labor organization of its em-
ployees, including Lodge No. 1282, International Association of
1300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'Machinists (American Federation of Labor), by discharging or re-
fusing to reinstate employees, or in any other manner discriminating
in regard to their hire or tenure of employment, or any term or con-
-dition of employment;
(b) 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 the purpose of collective bargaining or other mutual
,aid or protection as guaranteed in Section 7 of the Act;
(c) Refusing to bargain collectively with Lodge No. 1282, Inter-
national Association of Machinists (American Federation of Labor)
:as the exclusive representative of its production and maintenance
,employees, exclusive of clerical and supervisory employees, employed
at the Elyria, Ohio, plant of the respondent.
2. Take the following affirmative action to effectuate ,the .policies
.of the Act :
(a) Offer to John Pluter, William Pandy, and Frank Pluter
immediate and full reinstatement to their former or substantially
,equivalent positions without prejudice to their seniority and other
-rights and privileges;
(b) Make whole John Pluter, William Pandy, and Frank Pluter
-for any loss of pay they.may have suffered by reason of the respond-
•ent's discrimination in respect to their hire or tenure of employment,
by payment to John Pluter of the sum of one hundred and twenty-
-five dollars ($125), to William Pandy of the sum of two hundred
and fifty dollars ($250), and to Frank Pluter of the sum of two
-hundred and fifty dollars ($250) ;
(c) Upon request, bargain collectively with Lodge No. 1282, Inter-
national Association of Machinists (American Federation of Labor),
-as the exclusive representative of the production and maintenance
employees of the respondent, exclusive of clerical and supervisory
employees, employed at the Elyria, Ohio, plant of the respondent,
in respect to rates of pay, wages, hours of employment, and other
-conditions of employment; and, if an understanding is reached on
such matters, upon request embody such understanding in a signed
agreement ;
(d) Post immediately in conspicuous places in the Elyria, Ohio,
plant of the respondent, and maintain for a period of at least sixty
.(60) consecutive days, 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), (b), and (c) of this Order;
(2) that it will take the affirmative action ordered in paragraph
2 (c) of this Order; (3) that the respondent's employees are free
THE PERRY-FAY COMPANY 1301
to become or remain members of Lodge No. 1282, International Asso-
ciation of Machinists (American Federation of Labor), 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 of the
Board in writing within, ten (10) days from the date of this Order
what steps the respondent has taken to comply herewith:
2(84-4 I --v o l 23-83