Pittsburgh Plate Glass Co.

National Labor Relations Board - Board Decisions

Sep 22, 1938

8 N.L.R.B. 1210 (N.L.R.B. 1938)

In the Matter Of PITTSBURGH PLATE GLASS COMPANY, WORKS No. 9
and FEDERATION OF FLAT GLASS WORKERS OF AMERICA, AFFILIATED
WITH C. I. O.
Case No. C-778-Decided September 22, 1938
Glass Manufacturing Industry-Settlement : stipulation providing for with-
drawal of recognition from "inside" union, reinstatement for one employee with
back pay-Order : entered on stipulation-Discrimination : charges of , dismissed
without prejudice as to five persons.
Mr. Alan Perl and Mr. Bernard Bralove, for the Board.
Igoe, Carroll, Keefe & McAfee, by Mr. James E. Carroll and Mr.
J. Wesley McAfee, of St. Louis, Mo., for the respondent.
Mr. Robert McVay, of Crystal City, Mo., for the Federation.
Mr. Abraham J. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been filed on February 2,
February 26, June 4, and June 15, 1938, by Federation of Flat Glass
Workers of America, affiliated with C. I. 0., herein called the Fed-
eration, the National Labor Relations Board, herein called the Board,
by Dorothea de Schweinitz, Regional Director for the Fourteenth
Region (St. Louis, Missouri), issued and duly served its complaint
dated June 17, 1938, against Pittsburgh Plate Glass Company, Pitts-
burgh, Pennsylvania, herein called the respondent, Works No. 9
plant, Crystal City, Missouri, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce, 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. In substance, the complaint alleged that the
respondent dominated and interfered with the formation and ad-
ministration of the Employee Representation Plan and of the Crys-
tal City Glass Workers' Union, herein called the Crystal City Union,
that it interfered with, restrained, and coerced its employees in the
exercise of their right to self-organization, and that it discriminated
8 N. L. R . B., No. 149.
1210
DECISIONS AND ORDERS 1211
in regard to the hire and tenure of employment of Stephan Bachek,
Edmund Thomas, Paul J. Mueller, Edward Kuhlmann, Benjamin ,
Brooks, and Bernard J. Pratt and thereby discouraged membership
in the Federation.
On June 28, 1938, the respondent filed its answer to the complaint
denying all the material allegations thereof. The respondent on the
same date also filed motions to strike, to make more definite and
certain, and to furnish particulars.
On April 4 and May 13,1938, the Federation filed, with the Regional
Director for the Sixth Region (Pittsburgh, Pennsylvania), a petition
and amended petition, respectively, for an investigation and certifica-
tion of representatives of the employees of the respondent, pursuant
to Section 9 (c) of the Act. On May 26, 1938, the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, ordered an investigation and authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon due
notice. On the same date, pursuant to Article III, Section 10 (c) (2),
and Article II, Section 37 (b), of the Rules and Regulations, the
Board issued an order consolidating the complaint case and the repre-
sentation case for the purposes of hearing. On July 21, 1938, the
Board ordered the two cases severed.
Pursuant to a notice of hearing and notice of postponement thereof,
a hearing was held in Crystal City, Missouri, on July 18, 20, and 22,
1938, before Joseph L. Maguire, the Trial Examiner duly designated
by the Board. The Board and the respondent were represented by
counsel. The Federation was represented by an authorized represen-
tative.
On July 22, 1938, counsel for the Board, the respondent, and the
Federation entered into the following stipulation :
STIPULATION
It is hereby stipulated by and between the Pittsburgh Plate
Glass Company, Respondent herein, Federation of Flat Glass
Workers of America, the party hereto, and the National Labor
Relations Board that :
I. Upon charges duly filed by the Federation of Flat Glass
Workers of America, affiliated with the Committee for Industrial
Organization, the National Labor Relations Board by the Regional
Director for the Fourteenth Region, acting pursuant to authority
granted in Section 10 (b) of the National Labor Relations Act
(49 Stat. 449) and its Rules and Regulations, Series 1, Article 4,
Section 1 issued its Complaint on the 17th day of June, 1938,
against the Pittsburgh Plate Glass Company, Works No. 9,
respondent herein.
1212 NATIONAL LABOR RELATIONS BOARD
IL The Respondent is and has been since November 3, 1920, a
corporation organized and existing under the laws of the Common-
wealth of Pennsylvania, and is the successor to a company of the
same name organized and incorporated under the laws of the
Commonwealth of Pennsylvania, August 24, 1908, having its
principal office in Pittsburgh, Commonwealth of Pennsylvania,
and is now and has continuously been engaged in the manufacture,
sale and distribution of many types of glass.
III. The Respondent owns, operates and maintains plants
engaged in the manufacture of glass in the following cities :
Creighton, Pennsylvania; Ford City, Pennsylvania; Clarksburg,'
West Virginia ; Mount Vernon, Ohio ; Henryetta, Oklahoma ;
Crystal City, Missouri ; and Courcelles, Belgium.
IV. The Respondent owns, operates and maintains warehouses
for the purpose of shipping and distributing the products manu-
factured by it in seventy principal cities in the United States.
V. The Respondent also owns, operates and maintains re-
fractories, mines, quarries and research laboratories used in con-
nection with the manufacture, sale and distribution of its products
set forth in Paragraph II above located in several states of the
United States.
VI. The Respondent, in the course and conduct of its business
as set forth in Paragraph II above, owns, operates and maintains
a plant in Crystal City, State of Missouri, known as Works 9,
hereinafter referred to as Works 9, engaged in the manufacture
and distribution of laminated and herculite glass for automobiles,
and plate glass.
VII. The Respondent, in the course and conduct of its opera-
tions at Works 9, causes and has continuously caused for a long
period of time approximately 10% of the raw and other mate-
rials used in the manufacture, of its product made at such plant
to be purchased and transported in interstate commerce from and
through states of the United States other than the State of
Missouri, and causes and has continuously caused approximately
90% of the glass and other products manufactured by it at
Works 9 to be sold and transported into and through states
of the United States other than the State of Missouri. The
total volume in square feet of shipments of finished products
for the year 1937 from Works 9 amount to approximately
20,000,000 square feet.
VIII. The Respondent, Pittsburgh Plate Glass Company,
Works 9, is engaged in interstate commerce within the meaning
of the National Labor Relations Act.
DECISIONS AND ORDERS 1213
IX. The Respondent, in the normal course and conduct of its
business at the Works 9 plant, employs approximately 1500
employees who are engaged in production.
X. The Federation of Flat Glass Workers of America, Local
#63, affiliated with the C. I. 0., is a labor organization admitting
to its membership employees of the Respondent.
XI. Crystal City Glass Workers' Union is an unaffiliated labor
organization admitting to its membership employees of the
Respondent.
XII. The Respondent waives its right to a Hearing as set
forth in Sections 10 (b) and 10 (c) of the National Labor
Relations Act.
XIII. This Stipulation, together with the Charge, Amended
Charge, Complaint, Notice of Hearing, and Respondent's An-
swer, may be filed with the Trial Examiner of the National
Labor Relations Board at Crystal City, Missouri, and when so
filed, shall constitute the record in this case.
XIV. Upon this Stipulation, if approved by the National
Labor Relations Board, an Order may forthwith be entered by
said Board, providing as follows :
1. The Respondent, its officers, agents, successors and assigns,
will forthwith cease and desist from such unfair labor practices
as have occurred in the past.
2. In addition thereto, the Respondent, its officers, agents,
successors, and assigns, will, from and after the date hereof, cease
and desist from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of their 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 under Section
7 of the National Labor Relations Act.
(b) Disseminating in the "Glass Ray", a magazine published
by the Respondent, or through any other medium, articles dis-
crediting the Federation of Flat Glass Workers of America,
Local #63, affiliated with the C. I. 0., its officers or purposes,
or discrediting the officers or purposes of any other labor
organization.
(c) Discouraging membership in the Federation of Flat Glass
Workers of America, Local #63, or any other labor organization
of its employees by discriminating in regard to hire or tenure
of employment or any term or condition of employment.
1214 NATIONAL LABOR RELATIONS BOARD
(d) Keeping surveillance over the labor organizational activ-
ities of its employees.
(e) Disseminating, circulating, sponsoring and publicizing,
orally or in writing, statements discrediting the principles of
labor organization.
(f) Initiating and fostering activities on the part of the citi-
zens and public officials of Crystal City and the adjacent city
of Festus, Missouri, against organizational efforts of the Federa-
tion of Flat Glass Workers of America, Local #63, or any
labor organization.
(g) In any manner dominating or interfering with the
administration of the Crystal City Glass Workers' Union, or
any other organization of its employees, or contributing aid or
support to said organization, or any other labor organization
of its employees; from recognizing or dealing with the Crystal
City Glass Workers' Union as a labor organization, or any per-
son or group of persons purporting to represent said
organization.
3. The-Respondent, its officers, agents, successors and assigns,
will forthwith take the following affirmative action to effectuate
the policies of the Act :
(a) Withdraw all 'recognition from the Crystal City Glass
Workers' Union as the representative of the Respondent's em-
ployees, or any of them, as a labor organization, and notify said
organization to that effect.
(b) Post notices on all bulletin boards about its plant at
Crystal City, Missouri, for a period of not less than thirty days,
stating :
(1) That the Respondent will cease and desist as aforesaid.
(2) That recognition has been withdrawn from the Crystal
City Glass Workers' Union as aforesaid.
(c) Inform the officials and agents, including superintendents
and other supervisory employees, that they shall not in any man-
ner threaten the Respondent's employees because of their mem-
bership in any labor organization, or approach said employees
and discuss with them the question of their labor affiliation.
(d) Offer Stephan Bachek immediate and full reinstatement
to his former position, without prejudice to his seniority and
other rights and privileges.
(e) Make whole Stephan Bachek for any loss of earning he
has suffered by reason of his discharge, by payment to him, of a
sum of money equal to that-which he would normally have earned
from the date of his discharge to the date of said offer of rein-
statement, less any amounts he has earned during that period.
DECISIONS AND ORDERS 1215
XV. It is stipulated and agreed that any Circuit Court of
Appeals of the United States may, upon application by the Na-
tional Labor Relations Board, enter its decree enforcing the order
of the Board in the form above set out. The Respondent waives
its right to contest the entry of any such, decree and its right to
receive notice of the filing of an application for the entry of such
decree, in the form above set forth.
On July 29, 1938, the Board approved said stipulation and acting
pursuant to Article II, Section 37, of National Labor Relations Board
'Rules and Regulations-Series 1, as amended, ordered the proceedings
in the case transferred to and continued before it.
Upon the stipulation and the entire record in the case, the Board
makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE 'RESPONDENT
The respondent, Pittsburgh Plate Glass Company, is a corpora-
tion organized under the laws of, the State of Pennsylvania with its
principal office in Pittsburgh, Pennsylvania. The respondent is, en-
gaged in the manufacture, sale, and distribution of many types of
glass. It owns, operates, and maintains plants engaged in the manu-
facture of glass in the States of 'Pennsylvania, West Virginia, Ohio,
Oklahoma, and Missouri, and in Belgium. It owns, operates, and
maintains warehouses for the purpose of shipping and distributing
the products manufactured by it in 70 principal cities in the United
States. One of the plants operated by the respondent is located in
Crystal City, Missouri, known as Works No. 9, the plant herein in-
volved, in which plant the respondent is engaged in the manu-
facture and distribution of laminated and herculite glass for auto-
mobiles, and plate glass. Approximately 10 per cent of the raw
materials used in the manufacture of the respondent's products at
Works No. 9 is purchased and obtained by it outside the State of
Missouri. Approximately 90 per cent of the products of Works No.
9 are sold by the respondent and transported to States other than
the State of Missouri. In 1937, there were shipped from Works
No. 9 approximately 20,000,000 square feet of the respondent's
finished products.
We find that the operations of the respondent at Works No. 9,
Crystal City, Missouri, constitute trade, traffic, and commerce among
the several States.
1216 NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
The Federation of Flat Glass Workers of America, Local No.
63,1 affiliated with C. I. 0., is a labor organization admitting to its
membership employees of the respondent.
Crystal City Glass Workers' Union is an unaffiliated labor organi-
zation admitting to its membership employees of the respondent.
ORDER
Upon, the basis of the above findings of fact and stipulation, and
pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the respond-
ent, Pittsburgh Plate Glass Company, Pittsburgh , Pennsylvania,
and its officers , agents, successors , and assigns , shall :
1. Cease and desist :
(a) From such unfair labor practices as have occurred in the past;
(b) From in any manner interfering with, restraining , or coercing
its employees in the exercise of their right 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 purposes of collective bargaining or other
mutual aid or protection , as guaranteed in Section 7 of the National
Labor Relations Act;
(c) From disseminating in the "Glass Ray," a magazine published
by the respondent, or through any other medium, articles discredit-
ing the Federation of Flat Glass Workers of America, Local No. 63
affiliated with the C. I. 0., its officers or purposes , or discrediting
the officers or purposes of any other labor organization;
(d) From discouraging membership in the Federation of Flat
Glass Workers of America, Local No. 63, or any other labor organi-
zation of its employees by discriminating in regard to hire or tenure
of employment or any term or condition of employment;
(e) From keeping surveillance over the, labor organizational ac-
tivities of its employees;'
(f) From disseminating, circulating , sponsoring , and publicizing,
orally or in writing , statements discrediting the principles of labor
organization;
(g) From initiating and fostering activities on the part of the
citizens and public officials of Crystal City and the adjacent city of
Festus, Missouri, against organizational efforts of the Federation of
"The charge was filed by Federation of Flat Glass Workers of America affiliated with
C. I. O. It is apparent from the stipulation that at the works No. 9 plant the Federation
maintains its Local No. 63.
DECISIONS AND ORDERS 1217
Flat Glass Workers of America, Local No. 63, or any labor organi-
zation;
(h) From in any manner dominating or interfering with the ad-
ministration of the Crystal City Glass Workers' Union or any other
organiza, ._on of its employees , or contributing aid or support to said
organization , or any other labor organization of its employees; from
recognizing or dealing with the Crystal City Glass Workers' Union
as a labor organization , or any person or group of persons purport-
ing to represent said organization.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition from the Crystal City Glass Work-
ers' Union as the representative of the respondent 's employees, or any
of them, as a labor org hization , and notify said organization to
that effect;
(b) Post notices on all bulletin boards about its plant at Crystal
City, Missouri, for a period of not less than thirty (30) days, stating
(1) that the respondent will cease and desist as aforesaid , and (2)
that recognition has been withdrawn from the Crystal City Glass
Workers' Union as aforesaid;
(c) Inform its officials and agents, including superintendents and
other supervisory employees , that they shall not in any manner
threaten the respondent 's employees because of their membership in
any labor organization , or approach said employees and discuss with
them the question of their labor affiliation;
(d) Offer Stephan Bachek immediate and full reinstatement to
his former position , without prejudice to his seniority and other
rights and privileges ;
(e) Make whole Stephan Bachek for any loss of earnings he has
suffered by reason of his discharge , by payment to him of a sum
of money equal to that which he would normally have earned from
the date of his discharge to the date of said offer of reinstatement,
less any amounts he has earned during that period.
It is further ordered that the complaint as to Edmund Thomas,
Paul J . Mueller, Edward Kuhlmann, Benjamin Brooks, and Bernard
J. Pratt be, and it hereby is, dismissed without prejudice.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision and Order.