The Reliable Rubber Co.

National Labor Relations Board - Board Decisions

May 27, 1940

23 N.L.R.B. 1208 (N.L.R.B. 1940)

In the Matter of THE RELIABLE RUBBER COMPANY AND MORENCI
RUBBER PRODUCTS, INC. and TOLEDO INDUSTRIAL UNION COUNCIL,
AFFILIATED WITH THE C. I. O.
Case No. C-1578.-Decided May 27, 1940
Rubber Products Manufacturing Industry-Settlement: stipulation providing
for compliance with the Act, including award of back pay and reinstatement of
13 employees at such time as respondent Reliable resumes operations-Com-
plaint: dismissed as to respondent Morenci-Order: entered on stipulation.
Mr. Max W. Johnstone, for the Board.
Mr. Herman R. Miller, of Toledo, Ohio, for the respondents.
Mr. Kenneth L. Cole, of Toledo, Ohio, for the Union.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Toledo Industrial
Union Council, affiliated with the C. I. 0., 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 23,1940, against The Reliable Rubber
Company, herein called the respondent Reliable, Toledo, Ohio, and
Morenci Rubber Products, Inc., herein called , the respondent
Morenci, Morenci, Michigan, and herein jointly called the respond-
ents, alleging that the respondents had engaged in and were 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 complaint and notice of hearing were duly served upon the
respondents and the Union.'
With respect to the unfair labor practices the complaint alleged in
substance (1) that from on or about March 1, 1937, until March 17,
1 In the settlement stipulation the respondents and the Union acknowledged service of
the complaint and notice of hearing.
23 N. L. R. B., No. 127.
1208
I
THE RELIABLE RUBBER COMPANY 1209
1939, the respondent Reliable, by making numerous statements de-
rogatory to the C. I. 0., by calling meetings on company time and
property for the purpose of discouraging membership in and activity
on behalf of the C. I. 0., and by other acts and conduct, engaged in
a continuous plan and course of action designed to interfere with the
self-organization of its employees for the purpose of collective bar-
gaining or other mutual aid or protection; (2) that on various dates
during the above-mentioned period the respondent Reliable dis-
charged and thereafter refused to reinstate Wesley Bowling, Ralph
Clegg, Don Cool, Iva Klink, Merrien Lake, Sam Malkin, Eloise
Rapp, Charles Rawson, Chalmer Ruby, Lawrence Ruby, Rolland
Textor, Roy Wisnofske, and Roy Whittaker, Jr., because they were
members of or active on behalf of the C. I. 0.; (3) that.on or about
March 17, 1939, the respondent Reliable discharged and thereafter
refused to reinstate all of its employees for the reason that many
of them were members of or active on behalf of the C. I. 0.; (4)
that during the months of February and March 1939, officers and
agents of the respondent Reliable participated in the formation of
and became officers and agents of the respondent Morenci; (5) that
thereafter the respondent Morenci refused to employ many of the
employees of the respondent Reliable because of their membership
and activity in the C. I. 0.; and (6) that by the afore-mentioned acts
the respondents interfered with, restrained, and coerced their em-
ployees in the exercise of the rights guaranteed in Section 7 of
the Act.
On May 3, 1940, before any hearing was held, the respondents, the
Union; and counsel for the Board entered into a settlement stipula-
tion providing as follows :
I
Upon a fourth amended charge duly filed by the Union, Oscar
S. Smith, Regional Director of the Eighth Region of the Na-
tional Labor Relations Board (hereinafter 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 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 23rd day of April, 1940
against the respondent Reliable and the respondent Morenci.
II
The respondent Reliable admits the allegations of paragraphs
I and II of the Complaint and Paragraph V of the Complaint
in so far as it concerns the respondent Reliable.
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III
The respondent Morenci admits the allegations of paragraphs
III and IV of the Complaint and paragraph V of the Complaint
in so far as it concerns the respondent Morenci.
IV
The respondents Reliable and Morenci and the Union admit
the allegations of paragraph VI of the Complaint.
V
The parties hereby agree that the Board may dismiss the Com-
plaint in so far as it alleges that the respondent Morenci has
engaged in any unfair labor practices.
VI
The respondent Reliable admits that it did discharge and
thereafter did not reemploy the employees listed in paragraph
IX of the Complaint herein and also admits that on or about
March 17, 1939 it discharged all of its employees. Since March
17, 1939 the respondent Reliable has not engaged further in any
production operations at its Toledo plant.
VII.
The respondent Reliable hereby consents to the entry of an
order by the Board providing that, upon the basis of the fourth
amended charge filed by the Toledo Industrial Union, the com-
plaint issued herein, and this stipulation, pursuant to Section 10
(c) of the National Labor Relations Act, The Reliable Rubber
Company, its officers, agents, successors and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in any labor organization of its
employees, including the Toledo Industrial Council, affiliated with
the C. I. 0., by discharging or refusing to reinstate employees,
or in any other manner discriminating in regard to their hire or
tenure of employment, or any term or condition of employment;
(b) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities, for the purposes of collective
bargaining or other mutual aid or protection, as guaranteed in
Section 7 of the Act.
1
I
THE RELIABLE RUBBER COMPANY 1211
2. Take the following affirmative action to effectuate the policies
of the Act.
(a) Pay to the employees listed below the amounts of money
appearing after their respective names for losses of pay which
they have suffered by reason of their discharge and loss of
employment :
1. Wesley Bowling---------------------------------- $60.58
2. Ralph Clegg-------------------------------------- 40.00
3. Don Cool---------------------------------------- 45.00
4. Iva Blink---------------------------------------- 50.00
5. Merrien Lake ------------------------------------ 12.50
6. Sam Malkin-------------------------------------- 266.50
7. Eloise Rapp-------------------------------------- 127.92
8. Charles Rawson---------------------------------- 12.50
9. Charles Ruby 2----------------------------------- 25.00
10. Lawrence Ruby----------------------------------- 25.00
11. Rolland Textor----------------------------------- 12.50
12. Roy Wisnofske----------------------------------- 40.00
13. Roy Wittaker, Jr .B-------------------------------- 32.50
(b) In the event the respondent Reliable or its agents, succes-
sors or assigns shall in the future reenter the business of manu-
facturing and producing molded and extruded rubber and rub-
ber sundries or any similar business in which the employees listed
in sub-paragraph (a), supra, and the employees discharged on
or about March 17, 1939 are qualified to work, offer at that time
reinstatement to the said employees to their former or substan-
tially equivalent positions without prejudice to any seniority or
other rights and privileges they may have had prior to their
discharge;
(c) In the event the respondent Reliable or its agents, suc-
cessors or assigns shall in the future reenter its former business
or a substantially similar business, at that time post notices in
conspicuous places throughout its plants, buildings, and other
places of employment, and maintain such notices for a period
of at least ninety (90) consecutive days, stating that the respond-
ent will cease and desist in the manner set forth in 1 (a) and (b)
of this Order, and that it will take the affirmative action set
forth in 2 (b) of this Order.
(d) 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.
IT IS FURTHER ORDERED that the Complaint is hereby dismissed
insofar as it alleges that Morenci Rubber Products, Inc., has com-
mitted any unfair labor practices.
*Designated in the complaint as Chalmer Ruby.
• Spelled "Whittaker" in the complaint.
1212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIII
All parties hereto acknowledge service of the Complaint, Notice
of Hearing, Fourth Amended Charge, and National Labor Rela-
tions Board Rules and Regulations, Series 2, as amended. All
parties hereby waive their right to a hearing and to the making
of Findings of Fact and Conclusions of Law by the Board. This
Stipulation, together with the Complaint, Notice of Hearing,
Fourth Amended Charge, and National Labor Relations Board
Rules and Regulations, Series 2, as amended, issued herein, may
be filed with the Chief Trial Examiner of the Board at Wash-
ington, D. C., and when so filed shall constitute the record in
this case.
IX
Upon application by the National Labor Relations Board the
United States Circuit Court of Appeals for the Sixth Circuit
may enter its decree enforcing the Order of the Board, as set
forth in paragraph VII above. All parties hereto expressly
waive 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.
X
The Stipulation contains on its face the, entire agreement
between the parties and there is no other agreement of any kind,
verbal or otherwise, which varies, alters, or adds to this stipu-
lation.
XI
This Stipulation shall be of no force and effect unless and until
approved by the National Labor Relations Board.
On May 14, 1940, the Board issued its Order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding 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 RESPONDENTS
The respondent The Reliable Rubber Company is an Ohio corpo-
ration having its principal office and place of business at Toledo,
Ohio, and until March 17, 1939, was engaged in the manufacture, sale,
I
THE RELIABLE RUBBER COMPANY ' 1213
and distribution of molded and extruded rubber and rubber sundries.
It has not engaged in production operations since March 17, 1939.
The principal raw materials used by this respondent when engaged
in production are rubber, clay, and whiting, 90 per cent of which are
shipped to the Toledo plant from points outside the State of Ohio.
In 1938 finished products valued at $56,916.89 were manufactured
at the Toledo plant, of which approximately 50 per cent were shipped
to States other than Ohio. The respondent Morenci Rubber Products,
Inc., is a Michigan corporation having its principal office and place
of business at Morenci, Michigan. It has the same ownership, man-
agement, and control as has The Reliable Rubber Company, and
since February 23, 1939, has been engaged in the manufacture, sale,
and distribution of molded and extruded rubber and rubber sundries.
Approximately 90 per cent of its raw materials, consisting principally
of rubber, clay, and whiting, are purchased and shipped to the
Morenci plant from points outside the State of Michigan. Over 75
per cent of its finished products are shipped to States other than
Michigan.
The respondents stipulated and we find that the above-described
operations constitute a continuous flow of trade, traffic, and commerce
among the several States, within the meaning of the Act.
ORDER
Upon the basis of the above findings of fact, the above 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 Reliable. Rubber Com-
pany, Toledo, Ohio, and its officers, agents, successors, and assigns
shall :
1. Cease and desist from : -
(a) Discouraging membership in any labor organization of its
employees, including the Toledo Industrial Council, affiliated, with the
C. I. 0., by discharging or refusing to reinstate employees, or in any
other manner discriminating in regard to their hire or tenure of
employment, or any term or condition of employment;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right 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 purposes of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the Act.
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action to effectuate the policies
of the Act:
(a) Pay to the employees listed below the amounts of money
appearing after their respective names for losses of pay which they
have suffered by reason of their discharge and loss of employment:
1. Wesley Bowling-------------------------------------- $60.58
2. Ralph Clegg ----------------------------------------- 40.00
3. Don Cool-------------------------------------------- 45.00
4. Iva Klink ------------------------------------------- 50.00
5. Merrien Lake---------------------------------------- 12.50
6. Sam Malkin ----------------------------------------- 266.50
7. Eloise Rapp ----------------------------------------- 127.92
8. Charles Rawson-------------------------------------- 12.50
9. Charles Ruby ---------------------------------------- 25.00
10. Lawrence Ruby-------------------------------------- 25.00
11. Rolland Textor -------------------------------------- 12.50
12. Roy Wisnofske -------------------------------------- 40.00
13. Roy Wittaker, J'r------------------------------------ 32.50
(b) In the event the respondent Reliable or its agents, successors
or assigns shall in the future reenter the business of manufacturing
and producing molded and extruded rubber and rubber sundries or
any similar business in which the employees listed in sub-paragraph
(a), supra, and the employees discharged on or about March 17,
1939, are qualified to work, offer at that time reinstatement to the
said employees to their former or substantially equivalent positions
without prejudice to any seniority or other rights and privileges they
may have had prior to their discharge;
(c) In the event the respondent Reliable or its agents, successors
or assigns shall in the future reenter its former business or a sub-
stantially similar business, at that time post notices in conspicuous
places throughout its plants, buildings, and other places of employ-
ment, and maintain such notices for a period of at least ninety (90)
consecutive days, stating that the respondent will cease and desist
in the manner set forth in 1 (a) and (b) of this Order, and that
it will take the affirmative action set forth in 2 (b) of this Order;
(d) 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.
IT IS FURTHER ORDERED that the Complaint is hereby dismissed
in so far as it alleges that Morenci Rubber Products, Inc. has
committed any unfair labor practices.