Thompson Cabinet Co.

National Labor Relations Board - Board Decisions

Feb 1, 1940

20 N.L.R.B. 90 (N.L.R.B. 1940)

In the Matter of THOMPSON CABINET COMPANY and COMMITTEE FOR
INDUSTRIAL ORGANIZATION , LOCAL INDUSTRIAL UNION No. 115
Case No. C-&9
DECISION AND ORDER VACATING FINDINGS
AND DECISION
AND
MODIFYING ORDER
February 1, 1940
On, March 14, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in this matter.' On
January 8, 1940, Thompson Cabinet 'Company, herein called the
respondent, and counsel for the Board entered into the following
stipulation :
. STIPULATION
7
Charges having been filed with Frank Bowen, Regional Direc-
tor of the National Labor Relations Board for the Seventh
Region by United Automobile Workers of America on June 5,
1937, and amended charges having been filed on February 11,
1938, alleging that the respondents had violated Section 8; sub-
sections (1), (2) and (3) of the National Labor Relations Act,
49 Stat. 449; and complaint having been issued and served on
February 28, 1938, and hearing having been held before duly
authorized agent of the National Labor Relations Board at
Ludington, Michigan from March 10, 1938 to March 12, 1938,
and Intermediate Report having been issued and served on May
10, 1938, and Decision and Order having been issued and served
on March 14, 1939, and it being the intention of the parties to
dispose of the matters which have arisen,
IT IS HEREBY STIPULATED AND AGREED by and between the re-
spondent by its attorney, Ben W. Heineman, and Jacob Blum,
attorney, National Labor Relations Board, as follows :
1. The respondent is a Michigan corporation engaged, at its
plant in Ludington, Michigan, in the manufacture and sale of
furniture, printing equipment, poster blocks, drawing boards,
Ill N. L. R. B. 1106.
20 N. L . R. B., No. 3.
90
THOM'IPSON CABINET COMPANY 91
slats, and similar products. The principal raw materials used
by the respondent are wood and steel. During the year ending
February 28, 1938, the respondent obtained, outside the State of
Michigan, 445,280 feet of lumber at a cost of $26,556.60 and
499,568 pounds of steel at a cost of $17,373.15 and, within the
State of Michigan, 657,696 feet of lumber at a cost of $36,101.44
and-.485,018 pounds of steel at a cost of $19,187.91. During the
same year the respondent shipped outside the State of Michigan
products valued at $250,611.51. The respondent's products sold
within the State of Michigan during the same period were valued
at $27,202.49. Thus, on the basis of value, approximately 43
percent of the wood and steel used in the respondent's plant
were purchased outside the State of Michigan and approximately
90 percent of the respondent's products were shipped to points
outside the State of Michigan.
2. The respondent waives all further or other, procedure pro-
vided by the National Labor Relations Act or the Rules and
Regulations of the National Labor Relations Board, including
;the .-making of findings of fact and conclusions of law.
3. Uponthe=basis ofthe facts, stipulated in Paragraph 1 above,
the pleading heretofore filed, the record, this stipulation, and
by agreement of the, parties hereto, the National Labor Relations
Board may modify its order in the following form in the above-
entitled case :
ORDER
On the basis of this stipulation and pursuant. to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that the respondent, its officers, agents,
successors, and assigns shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the admin-
istration of The Union of the Employees of the Thompson
Cabinet Company of Ludington, Michigan, or the formation or
administration of any other labor organization of its employees,
and from contributing financial or other support to The Union
of the Employees of the Thompson Cabinet Company of Lud-
ington, Michigan, or to any other labor organization of its
employees ;
(b) Discouraging membership in Committee for Industrial
Organization, Local Industrial Union No. 115, or any other
labor organization of its employees, by discharging or refusing
to reinstate any of its employees or in any other manner dis-
criminating in regard to their hire or tenure of employment or
any terms or conditions of their employment;
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) In any other 'manner interfering, with, restraining, or
coercing its employees in the exercise of the right-to self, organ-
ization; 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 National Labor Relations Act.,
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Withdraw recognition from The Union of the Employees
of the Thompson Cabinet Company of Ludington, Michigan,
as a representative of its employees for the, purpose of dealing
with the respondent concerning grievances, labor . disputes,
wages, rates of pay, hours of employment, or conditions of work,
and completely disestablish The Union of the Employees of the
Thompson Cabinet Company at Ludington, Michigan, as such
representative; .
(b) Offer to Edmund Newman, Lowell Phillippo, and. Clyde
Gust preferential employment at such times as employment con-
ditionswarrant, on the basis of their respective seniority.. , Offer
to Robert Ehrenberg preferential reinstatement in the "slat"
department, if and when such department is reestablished by the
respondent;
(c) Make whole the employees hereinafter named for any
loss of pay they may have suffered by reason of their discharge
by payment to each of them respectively the sum or sums of
money following their names :
Michael Zywicki------- ------------------------- $2,000.00
Edmund Newman-------------------------------- 378.00
Lowell Phillippo--------------------------------- 446.00
Robert Ehrenberg-------------------------------- 651.00
Anthony Smith---------------------------------- , 350.00
Clyde Gust-------------------------------------- 192.00
Richard Peterson-------------------------------- 172.00
(d) Post immediately in conspicuous places throughout its
Ludington plant, and keep posted for a period of at least sixty
(60) consecutive days from the date of posting, notices to its
employees, stating that the respondent will cease and desist in
the manner set forth in paragraphs 1 (a), (b), and (c), and that
it will take the affirmative action set forth in paragraphs 2 (a),
(b), and (c), of this Order; and
(e) Notify the Regional Director for the Seventh Region,
in writing, within ten (10) days from the date of this order
what steps the respondent has taken to comply herewith.
THOMPSON C'ABINE'T COMPANY 93
AND IT IS FURTHER ORDERED that the complaint, in so far as it
alleges that the respondent, has discriminated in regard to the
hire or tenure of employment of Lawrence Betka, Henry Zachaw,
Robert Lee, and Morgan Mason , be, and it hereby is, dismissed.
4. The respondent hereby consents to the entry by the United
States Circuit Court of. Appeals for the appropriate circuit,
upon application by the Board, of a Consent Decree enforcing
an Order of the Board in the form hereinabove set forth and
hereby waives further notice of the application for such decree.
5. There is no agreement written or oral which modifies or
varies any part of this stipulation and the entire agreement is
contained herein.
6. It is understood and agreed that this stipulation is subject
to the approval of the National Labor Relations Board and shall
become effective immediately upon the granting of such approval.
On January 9, 1940, the Board approved said stipulation and
ordered it made a part of the record herein.
Upon the basis of the above stipulation, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a Michigan corporation engaged, at its plant
'in Ludington, Michigan, in the manufacture and sale of furniture,
printing equipment, poster blocks, drawing boards, slats, and similar
products. The principal raw materials used by the respondent are
wood and steel. During the year ending February 28, 1938, the
respondent obtained, outside the State of Michigan, 445,380 feet of
lumber at a cost of $26,556.60 and 499,568 pounds of steel at a cost
of $17,373.15 and, within the State of Michigan, 657,696 feet of
lumber at a cost of $36,101.44 and 405,018 pounds of steel at a cost
of $19,187.91. During the same year the respondent shipped outside
the State of Michigan products valued at $250,611.5l.' The respond-
ent's products sold within the 'State of Michigan during the same
period were valued at $27,202.40. Thus, on thpe basis of value,
approximately 43 per cent of the wood and steel used in the respond-
ent's plant were purchased outside the State of Michigan and approx-
imately 90 per cent of the respondent's products were shipped to
points outside the State of Michigan.
We, find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
94 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact, the stipulation, the
pleadings, and the entire record in the case, and pursuant to Section
10 (d) and (c) of the National Labor Relations Act, 49 Stat. 449, the
National Labor Relations Board hereby orders that the findings and
Decision issued herein on March 14, 1939, be, and they hereby are,
vacated and further orders that its Order issued on the same date
be modified to read as follows :
"The National Labor Relations Board hereby orders that the re-
spondent, Thompson Cabinet Company, its officers, agents, successors,
and assigns shall:
"1. Cease and desist from
(a) In any manner dominating or interfering with the adminis-
tration of The Union of the Employees of the Thompson Cabinet
Company of Ludington, Michigan, or the formation or administra-
tion of any other labor organization of its employees, and from con-
tributing financial or other support to The Union of the Employees
of the Thompson Cabinet Company of Ludington, -Michigan, or to
any other labor organization of its employees; '
(b) Discouraging membership in Committee for Industrial Or-
ganization, Local Industrial Union No. 115, 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 or any terms or
conditions of their employment;
(c) 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 purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act.
"2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Withdraw recognition from The Union of the Employees of
the Thompson Cabinet Company of Ludington, Michigan, as a rep-
resentative of its employees for the purpose of dealing with the
respondent concerning grievances, labor disputes, wages, rates of
pay, hours of employment, or conditions of work, and completely
disestablish The Union of the Employees of the Thompson Cabinet
Company of Ludington, Michigan, as such representative;
(b) Offer to Edmund Newman, Lowell Phillippo, and Clyde Gust
preferential employment at such times as employment conditions
warrant, on the basis of their respective seniority. Offer to Robert
TH02NIPSON CABINET COMPANY 95
Ehrenberg preferential reinstatement in the. "slat" department, if
and when such department is reestablished by the respondent;
(c) Make whole the employees hereinafter named for any loss of
pay they may have suffered by reason of their discharge by payment
to each of them respectively the stun or sums of money following
their names :
Michael Zywicki-------------------------------------- $2,000.00
Edmund Newman------------------------------------ 373.00
Lowell Phillippo-------------------------------------- 446. 00
Robert Ehrenberg------------------------------------ 651.00
Anthony Smith--------------------------------------- 350.00
Clyde Gust------------------------------------------ 192.00
Richard Peterson------------------------------------- 172.00
(d) Post immediately in conspicuous places throughout its Lud-
ington plant, and keep posted for a period of at least sixty (60)
consecutive days from the date of posting, notices to its employees,
stating that the respondent will cease and desist in the manner set
forth in paragraphs 1 (a), (b), and (c), and that it will take the
affirmative action set forth in paragraphs 2 (a), (b), and (c), of
this Order ; and
(e) Notify the Regional Director for the Seventh Region, in
writing, within ten (10) days from the date of this Order what
steps the respondent has taken to comply herewith.
"AND IT IS FURTHER ORDERED that the complaint, in so far as it
alleges that the respondent has discriminated in regard to the hire
or tenure of employment of Lawrence Betka, Henry Zachaw, Robert
Lee, and Morgan Mason, be, and it hereby is, dismissed."