The Colorado Builders' Supply Co.

National Labor Relations Board - Board Decisions

Jan 3, 1942

38 N.L.R.B. 13 (N.L.R.B. 1942)

In the Matter of THE COLORADO BUILDERS' SUPPLY COMPANY and INTER-
NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, AND ORNAMENTAL
IRON WORKERS, LOCAL No. 507
Case No. C-3028.-Decided January 3, 194
Jurisdiction : metal fabricating and building materials jobbing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Paul S. Kuelth,au, for the Board.
Newton, Davis d Drinkwater, by Messrs. J., Quigg Newton, Jr., and
-Richard M. Davis, of Denver, Colo., for the respondent.
'Mr. M. C. Manfro, of Denver, Colo., for the Union.
Mr. Robert N. Cook, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge 1 duly filed by International Association
of Bridge, Structural, and Ornamental Iron Workers, Local No. 507,
affiliated with the American Federation of Labor, herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Twenty-second Region (Denver,
Colorado), issued its complaint dated April 14, 1941, against The
Colorado Builders' Supply Company,-Denver, Colorado, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the mean-
ing 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, at
its Pueblo, Colorado, plant. Copies of the complaint accompanied by
notice of hearing were duly served upon the respondent and the Union.
The complaint alleged in substance: (1) that respondent discharged
Frank Butkovich on or about August 5,'1940, and refused to reinstate
him until November 7, 1940, because- of his membership and activ'
1 The original charge was filed on August 8, 1940 ; the amended charge on April 2, 1941.
38 N. L. R. B., No. 4.
13
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ities in the Union; (2) that the production and maintenance em-
ployees, except the superintendent, at the respondent's Pueblo,
Colorado, plant constitute a unit appropriate for collective bargain-
ing; (3) that although the Union represented a majority of the
employees in this unit the respondent in July 1940 and at all times
thereafter refused to bargain collectively with the Union; (4) that
respondent has urged, persuaded, and warned its employees at its
Pueblo plant to refrain from joining or retaining membership in the
Union and from engaging in concerted activities with other employees
for the purposes of collective bargaining or other mutual aid and
protection. On April 26, 1941, the respondent filed an answer to
the complaint in which it denied the allegations of unfair labor
practices and alleged certain affirmative matters.
Pursuant to notice, a hearing was held on May 15, 1941, at Pueblo,
Colorado, before A. Bruce Hunt and on July 28 and 29, 1941, at Pueblo,
Colorado, before Charles E. Persons, Trial Examiners duly desig-
nated by the Chief Trial Examiner. The Board,- the respondent, and
the Union were represented by counsel and participated in the hearing.
On September 24, 1941, the Board denied the petition to intervene
filed by the Steel Workers Organizing Committee on September 20,
1941. On December 1, 1941, the respondent, the Union, and the attor-
ney for the Board entered into a stipulation in settlement of the
case. The stipulation provides as follows :
A charge having been filed by the International Association
of Bridge, Structural, and Ornamental Iron Workers, Local No.
507, affiliated with the American Federation of Labor (herein-
after called the Union), with the Regional Director of the Na-
tional Labor Relations Board (hereinafter called the Board) for
the Twenty-Second Region at Denver, Colorado, on August 8,
1940, and an amended charge on April 2, 1941, alleging that
The Colorado Builders' Supply Company (hereinafter called the
respondent) has engaged in unfair labor practices within the
meaning of Section 8 (1), (3), and (5) of the National Labor
Relations Act; the Board through its Regional Director having
issued and served a complaint stating the charges; the respond-
ent having filed its answer; hearing having been held before a
duly designated Trial Examiner for the Board; a motion to
intervene having been filed after the hearing by the Steel Workers
Organizing Committee and the Board having denied said motion,
and it being the desire of the parties to conclude all proceedings
before the Board in this case,
IT IS HEREBY STIPULATED AND AGREED by and among the parties
hereto :
THE COLORADO BUILDERS' SUPPLY COMPANY
I
15
Respondent is a Colorado corporation with its principal office
in Denver, Colorado, maintaining plants in Denver and Pueblo,
Colorado. It is engaged in the fabrication of reinforcing steel
bars, open web steel joists, and in the jobbing of miscellaneous
building materials. Its sales are in excess of $500,000 yearly,
approximately one-third of which is sold and shipped to cus-
tomers outside the State of Colorado. Ninety-five per cent of the
steel used by the respondent in its fabricating business is pur-
chased within the State of Colorado. Ninety per cent of the
products jobbed by the respondent are purchased and shipped
to it from outside the State of Colorado. - The Pueblo plant of
the respondent is engaged primarily in the fabrication of rein-
forcing steel bars, and fabricates in excess of $350,000 yearly,
forty per cent of which are sold and shipped to customers outside
the State of Colorado.
II
International Association of Bridge, Structural, and Orna-
mental Iron Workers, Local No. 507, is a labor organization within
the meaning of Section 2 (5) of the Act.
III
The production and maintenance employees of the respondent
at its plant in Pueblo, Colorado, except the superintendent,
constitute a unit for appropriate bargaining within the meaning
of Section 9 (b) of the Act. The Union on or before July 3, 1940,
had been designated by a majority of the employees within said
unit as their representative for the purposes of collective bar-
gaining, and therefore is the exclusive representative of all em-
ployees in said unit for the purposes of collective bargaining
within the meaning of Section 9, (a) of the National Labor
Relations Act.
IV
All parties hereto waive all further and other procedure pro-
vided by the National Labor Relations Act or the Rules and
Regulations of the National Labor Relations Board, including the
issuance of an Intermediate Report -by the Trial Examiner, the
filing of exceptions thereto and the making of findings of fact
and conclusions of law by the Board.
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
This stipulation may be introduced in evidence by filing it
with the Chief Trial Examiner of the National Labor Relations
Board, Washington, D. C., and shall, together with the pleadings,
constitute the record in this case.
VI
All parties tiereto expressly consent and agree that upon this
stipulation and the-record herein, and without further notice or
proceedings herein, the' National Labor Relations Board may
enter an order in the following form :
ORDER
The National Labor Relations Board hereby order's that The
Colorado Builders' Supply Company, its officers, agents,' suc-
cessors, and assigns will:
1. Cease and desist from :
(a) Refusing to bargain collectively with the International
Association of Bridge , Structural , 'and Ornamental Iron Work-
ers, Local No. 507, affiliated with the American Federation of
Labor, as the exclusive representative of its production and
maintenance employees, except, the superintendent, employed
at its plant at Pueblo , Colorado ;
(b) Discouraging membership in the International Asso-
ciation of Bridge, Structural, and Ornamental Iron Workers,
Local No. 507, affiliated with the American Federation of Labor,
or any other labor organization of its employees, by discharg-
ing or refusing to reinstate 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-organi-
zation, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing, or
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, in order to effectuate
the policies of the National Labor Relations Act :
(a) Upon request , bargain collectively with the International
Association of Bridge , Structural , and Ornamental Iron Work-
ers, Local No. 507, affiliated with the American Federation of
THE COLORADO BUILDERS' SUPPLY COMPANY 17
Labor, as the exclusive representative of its production and
maintenance employees, excluding the superintendent, at its
plant at Pueblo, Colorado, in respect to rates of pay, wages,
hours of employment; acid other conditions of employment :
(b) Make whole Frank Butkovich for any loss of pay he
may have suffered by reason of his discharge on August 4,
1940, by payment to him of One Hundred Dollars.
(c) Post 'immediately upon approval of the National Labor
Relations Board of the stipulation on which this order is based,
in conspicuous places in its place of. business in Pueblo, Colo-
rado, and maintain for a period of at least Sixty (60) con_secu-
tive days from the date of posting, 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 the respondent will take,
the affirmative action set forth in paragraph 2 (a) of this
Order, and (3) that the respondent's employees are free to
become or remain members of International Association of
Bridge, Structural, and Ornamental Iron Workers, Local No.
507, and that the respondent will not discriminate against any
employee because of membership in that organization.
(d) Notify the Regional Director for the Twenty-Second
Region in writing within 'ten (10) days from the date of the
','approval by the National Labor Relations Board of the stipu-
lation upon which, this Order is'based, what steps the respond-
ent has'takeu to comply herewith.
VII -
The respondent Will -comply in good faith with the -terms of
the above Order. The respondent' and the Union have-:already
taken steps to comply by completing the negotiation and signing
of a contract covering wages', hours and conditions of employment
for the Pueblo plant. '
VIII
It is understood and agreed that this stipulation embodies the
entire agreement between the parties and that there is no verbal
agreement of , any kind which varies, alters, or adds to „this
stipulation. -
IX
It is further understood 'and agreed that this stipulation is sup-
.'ject to the approval ' of the National Labor Relations Board, and
shall become effective immediately upon receipt of a notice
granting such approval.
438861-42-vol 38-3
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above stipulation and upon the entire record
in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Colorado Builders Supply Company is a Colorado corporation
with its principal office in Denver, Colorado, and with plants at Denver
and Pueblo, Colorado. It is engaged in the fabrication of reinforcing
steel bars and open-web steel joists and in thejobbing of miscellaneous
building materials. One-third of its yearly sales, which exceed $500,-
000, is shipped to points outside the State of Colorado. Ninety per
cent of the products jobbed and ninety-five per cent of the steel used
are shipped to it from points outside the State of Colorado. The
Pueblo plant, which is engaged primarily in the fabrication of rein-
forcing steel bars, sells and ships forty per cent of its yearly sales, which
exceed $350,000, to points outside the State of Colorado.
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 Colorado Builders' Supply Company, its
officers, agents, successors, and assigns shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with the International Associa-
tion of Bridge, Structural, and Ornamental Iron Workers, Local No.
507, affiliated with the American Federation of Labor, as the exclusive
representative of its production and maintenance employees, except
the superintendent, employed at its plant at Pueblo, Colorado;
(b) Discouraging membership in the International Association of
Bridge, Structural, and Ornamental Iron Workers, Local No. 507,
affiliated with the American Federation of Labor, or 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 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, or to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
TAE COLORADO BUILDERS' SUPPLY COMPANY 19
protection, as guaranteed in Section,7 of the National Labor Relations
Act.
2. Take the following affirmative action, in order to effectuate the
policies of the National Labor Relations Act:
(a) Upon request, bargain collectively with the International Asso-
ciation of Bridge, Structural, and Ornamental Iron Workers, Local
No. 507, affiliated with the American Federation of Labor, as the ex-
clusive representative of its production and maintenance employees,
excluding the superintendent, at its plant at Pueblo, Colorado, in re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment;
(b) Make whole Frank Butkovich for any loss of pay he may have
suffered by reason of his discharge on August 4, 1940, by payment to
him of One Hundred Dollars;
(c) Post immediately upon approval of the National Labor Rela-
tions Board of the stipulation on which this order is based, in con-
spicuous places on its place of business in Pueblo, Colorado, and
maintain for a period of at least Sixty (60) consecutive days from
the date of posting, 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 the respondent will take the affirmative action set forth in para-
graph 2 (a) of this Order, and (3) that the respondent's employees
are free to become or remain members of International Association
of Bridge, Structural, and Ornamental Iron Workers, Local No. 507,
and that the respondent will not discriminate against any employee
because of membership in that organization.
(d) Notify the Regional Director for the Twenty-Second Region
of the National Labor Relations Board in writing within ten (10)
days of the date, hereof of the steps respondent has taken to comply
herewith.
11