The Bolton Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 15, 1942

43 N.L.R.B. 221 (N.L.R.B. 1942)

In the Matter of THE BOLTON MANUFACTURING Co. and UNITED AUTO-
MOBILE AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMER-
ICA, C. I. O.
Case No. C-2278.-Decided August 15,19P
Jurisdiction : radio apparatus manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Practice and Procedure : pursuant to stipulation, complaint dismissed insofar
as it alleged discrimination against named employees.
Mr. James C. Paradise, for the Board.
Clambers cfi Grimes, of New Haven, Conn., for the respondent.
Mr. Frank Rogers, of Bridgeport, Conn., for the Union.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE' CASE
Upon amended charges duly filed by United Automobile Air-
craft and' Agricultural Implement Workers of America, C. I. 0.,
herein called the Union, the National Labor Relations Board, herein
called the Board, by its Regional Director for the Second Region
(New York City), issued a complaint dated July 3, 1942, alleging
that The Bolton Manufacturing Co., West Haven, Connecticut, herein
called the respondent, had engaged in and was 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, accompanied by notice of hearing, were duly served upon
the respondent and the Union.
Concerning the unfair labor practices, the complaint, as amended
on July 16, 1942, alleged in substance that the respondent (1) on
specified dates discharged and refused to reinstate 16 named em-
ployees because they had joined or assisted the Union or engaged in
other concerted activities for the purposes of collective bargaining;
43 N. L . R. B., No. 28. .
221
222 DECISIONS OF NATIONAL L1 BOR RELATIONS BOARD
and (2) by such acts and by various statements and acts and by other
conduct has interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act. On July
16, 1942, the respondent filed an answer, denying that it had engaged
in any of the unfair labor practices alleged in the complaint.
Pursuant to notice, a hearing was held at New Haven, Connecticut,
on July 20, 21, and 22, 1942, before George Bokat, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board, the' re-
spondent, and the Union were represented by counsel and participated
in the hearing. On July 22, with the consent of all parties, the
hearing was closed and the respondent, the Union, and counsel for
the Board, entered into a stipulation in settlement of the case, subject
to the approval by the Board. The stipulation provides as follows :
Whereas, upon an amended charge duly filed by United Au-
tomobile Aircraft and Agricultural Implement Workers of
America, C. I. 0., herein called the UNION, the National Labor
Relations Board, herein called the BOARD, by the Regional
Director for the Second Region (New York, N. Y.)', issued its
complaint dated July ^3, 1942 against The Bolton Manufacturing
Company, herein called the RESPONDENT, alleging that the
respondent has' engaged in, and is engaged in, unfair labor prac-
tices 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; and
Whereas the respondent thereafter' duly filed its answer in
which it denied having committed any unfair labor practices;
and
Whereas on July 15, 1942 the union duly filed a second amend-
ed charge, alleging the discriminatory discharge of three addi-
tional employees; and
Whereas, a hearing upon the complaint was commenced on
July 20, 1942 at New Haven, Connecticut, before George Bokat,
the Trial Examiner duly designated by the Chief Trial Exam-
iner of the Board; and
Whereas it is the desire of the parties hereto to dispose of this
case without the taking of further testimony or other proceed-
ings before the board,
NOW THEREFORE, IT IS STIPULATED AND AGREED
by-and between the parties hereto as follows:
1. The respondent is a corporation duly organized and exist-
ing under and by virtue of the laws of the State of Connecticut,
having its principal office and place of business at 692 Campbell
Avenue, in the Town of West Haven,' State of Connecticut, and
is engaged in the manufacture, sale and distribution of radio
THE BOLTON MANUFACTURING co. 223
ignition shielding harnesses and related products. The princi-
pal materials used by the respondent in its manufacturing oper-
ations are brass, aluminum and steel. During the past six
months, the respondent purchased materials valued at approx-
imately $250,000, of which approximately 50% was shipped to it
from points outside the State of Connecticut; during the same
period, the respondent sold finished products valued 'at approx-
imately $500,000, of which approximately 50% was shipped by
it to points outside the State of Connecticut. The respondent's
operations consist entirely of war production work. The re-
spondent concedes that it, is engaged in commerce within the
meaning of the Act.
2. The union is a labor organization within the meaning of
Section 2, Sub-section 5 of the Act.
3. The parties waive notice of the amendment of the complaint
and consent to its amendment by adding to the schedule attached
thereto the names of the following employees and the respective
dates of their discharges : Roy Litman, July 2, 1942; Joshua
Schechter, July 3, 1942, and Mario Morici,, July. 3, 1942. It is
agreed that the answer of the respondent may be deemed to be
its answer to the complaint as thus amended.
3a. It is understood and,agreed that Matthew Freeman and
Roy Litman, named in the schedule attached to the complaint,
are not to be offered reinstatement in the respondent's employ,
and that William Frank and Mario Morici are to be offered
reinstatement without back pay.
4. Further proceedings before the Trial Examiner and the
Board, and the making of findings of fact and conclusion of law
by the Trial Examiner and the Board, are hereby waived.
5. The amended charge, the second amended charge, the com-
plaint, the answer, the notice of hearing, the notice of postpone-
ment of hearing and this stipulation shall be filed with the Chief
Trial Examiner and when so filed shall constitute„ the entire
record in this case.. I
6. Upon said record the Board without further notice or pro-
ceedings may enter an order in this case in substantially the
following form :
ORDER
IT IS ORDERED that the respondent, The Bolton Manufac-
turing Company, its officers, agents, successors and assigns, shall :
1. Cease and desist from :
a. Discouraging membership in United Automobile, Aircraft
and Agricultural Implement Workers of America, C. I. 0., or
224 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
any other labor organization of its employees by discharging or
refusing to reinstate any of its employees , or in any other manner
discriminating in regard to-their hire and tenure of employment,
or any term or condition of employment.
b. In any other manner interfering with, restraining or coerc-
ing its employees in the exercise of the right to self-organiza-
tion, to form , join or assist labor organizations to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection as guaranteed in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
a. Offer to Carmen Cog'nato, James Cronogue , Robert Cor-
coran, Anthony Guido, Andrew D'Albero, Ruth Abbott, Frances
Draus, John Sullivan , Leo Antognette, William Frank, George
Fried and Mario Morici immediate and full reinstatement to
their former or substantially equivalent positions without preju-
dice to their seniority and other rights and privileges ; it being
understood that William Frank who was employed upon a trial
basis at the time , of his discharge shall be offered reinstatement
upon a similar trial basis.
b. Make whole 1 the employees named in Schedule A attached
hereto and made part hereof , for any loss of pay they may have
suffered by^reason of their respective discharges by the respond-
ent, by payment to each of them of the sum of money set opposite
his name on Schedule A. -
c. Post immediately , in conspicuous places at its plants in West
Haven, Connecticut , and maintain for a period of not less than
sixty consecutive days from the date of posting, notices to its
employees in the form of the notice which is attached hereto and
made part hereof as Exhibit A.2
d. File with the Regional Director for the Second Region,
within twenty days from the date -of the issuances of this order,
a report, in writing, setting forth in detail the manner and form
in which the respondent has complied with the foregoing re-
quirements.
IT IS FURTHER ORDERED that the complaint , insofar as it alleges
that the respondent discriminated in regard to the hire and tenure
of employment of David Mills and Joshua Schechter , be, and the
same hereby is, dismissed.
' Schedule A is set forth as Appendix A at the end of this Decision and Order.
' Exhibit A is set forth as Appendix B at the end of this Decision and Oa der
THE BOLTON MANUFACTURING CO. 225
7. The,parties hereto consent to the entry by the proper . Circuit
Court of Appeals of a decree enforcing the Board 's order sub-
stantially in the form ' above set forth. The respondent and the
union hereby waive notice of the application by the Board to
° said Circuit Court of Appeals for such decree and waive all rights
to contest the entry of said decree.
8. The entire agreement between the parties is contained within
the terms of this instrument and there is no verbal agreement of
any kind which varies, alters or adds to this stipulation.
9. The parties agree that nothing contained in any ` provision
of this stipulation or in the order to be entered thereon is to be
construed as an admission by the respondent 'that it has engaged
in any violation of the National Labor Relations Act. -
10. This stipulation is subject to the approval of the National
Labor Relations Board and .shall become effective , immediately
upon such approval.
On July 29 , 1942, the Board issued its order approving the stipizla'-
tion, making it a part of 'the record, and pursuant to Article'Ih,' Sec=
tion 36, of National Labor Relations Board Rules and' Regulations-
Series 2, as amended, transferring the proceeding to the Board for the
entry of a Decision and Order pursuant to the provisions of the stipu-
lation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following: '
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Bolton Manufacturing Co. is a Connecticut corporation, 'en-,
gaged in the manufacture and sale of radio ignition shielding har-
nesses and related products at West Haven, Connecticut . The prin-
cipal materials used by the respondent in its operations are brass,
aluminum, and steel . During the 6 months preceding the date of the
stipulation herein, the respondent purchased materials valued at ap•
proximately $250,000, about 50 percent of which were received from
points outside the State of Connecticut . During the same period, the
respondent sold products valued at approximately $500,000, about, 50
percent ,of which were shipped to points outside the State of Con-
necticut. The respondent concedes" that it is engaged in commerce
within the meaning of the Act.
We find that the above -described operations constitute a , continu-
ous flow of trade, traffic, and commerce among the several States.
481039-42-vol 43-15
226 DECISIONS OF- NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the"basis '*of the above findings - of fact, stipulation ;' and the
entire record in the case , and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that The Bolton Manufacturing Co., West Haven, Con-
necticut , its officers , agents, successors , and assigns shall :
1. Cease and desist from : ,
(a) Discouraging membership in United Automobile, Aircraft and
Agricultural Implement Workers of America, C. I. 0., or, any other
labor organization of its employees by discharging or refusing to re-
instate any of-its employees , or in any other manner discriminating
in regard to their hire and 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 purpose of collective bargaining or other ' mutual
aid or protection as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to Carmen Cognato, James Cronogue, Robert Corcoran,
Anthony Guido, Andrew D'Albero, Ruth Abbott, Frances Draus,
John-Sullivan, Leo Antognette, William Frank, George Fried, and
Mario Morici immediate and full reinstatement to their former or
substantially 'equivalent positions without prejudice to their seniority
and other rights and privileges ; it being understood that William
Frank who was employed upon a trial basis at the time of his discharge
'shall -be offered reinstatement upon a similar trial basis;
(b) Make whole the employees named in Appendix A attached
hereto and made part hereof, for any loss 'of pay they may have suffered
by reason of their respective discharges by the respondent, by payment.
to each of them of the sum of money set opposite his name on Ap-
pendix A ; - '
(c) Post immediately , in conspicuous places at its plants in West
Hagen , Connecticut , and maintain for a period of 'not less than sixty
(60) `consecutive days from the date of posting, notices to its employ-
ees in the form of the notice ,which is attached hereto and made part
hereof as Appendix B ;
(d) File with the Regional Director for the Second Region; within
twenty (20) days from the date of the issuance of this Order , a report
in writing , setting forth in detail the manner and form in which the
respondent has complied with the foregoing requirements.
THE BOLTON MANUFACTURING CO. 227
IT IS FURTHER ORDERED that the complaint, insofar as it alleges that
the respondent discriminated in regard to the hire and tenure of em-
ployment of David Mills and Joshua Schechter, be, and the same
hereby ,is-, dismissed.
APPENDIX A
Carmen Cognato---------------------------------------- $240.00
James Cronogue---------------------------------------- 249 60
Robert Corcoran---------------------------------------- 249.60
Anthony Guido ----------------------------------------- 218 40
Andrew D'Albero--------------------------------------- 140.40
Ruth Abbott------------------------------------------- 112.00
Frances Draus----------------------------------------- 112.00
Matthew Freeman-------------------------------------- 140.00
John Sullivan------------------------------------------- 126 00
Leo Antoguette----------------------------------------- 140.00
George Fried ------------------------------------------- 20 00
Roy Litmau-------------------------------------------- 74.80
APPENDIX B
NOTICE TO EMPLOYEES
Pursuant to an order of the National Labor Relations Board, you
are hereby notified as follows :
1. The Bolton Manufacturing Co. will not-in any manner interfere
with, restrain or coerce its employees in the exercise of their rights to
organize, to form, join or assist labor organizations, to bargain collec-
tively 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 by Section 7 of the National
Labor Relations Act.
2. The Bolton Manufacturing, Co. will not discourage membership
in the United Automobile Aircraft and Agricultural Implement Work-
ers of America, C. I. 0., or in any other labor organization of its
employees by discharging its employees or by otherwise discriminat-
ing in regard to their hire and tenure of employment, or any term or
condition of their employment.
3. The employees of the Bolton Manufacturing Co. are free to be-
come or remain members of the United Automobile Aircraft and Agri-
cultural Implement Workers of America, C. I. 0., and the company
will not discriminate against any employee, because of membership or
activity in that organization.
Dated --------------------
THE BOLTON MANUFACTURING CO.
By -------------------------------