Detriot Lubricator Company, a Michigan Corporation

National Labor Relations Board - Board Decisions

Jun 7, 1939

13 N.L.R.B. 123 (N.L.R.B. 1939)

In the Matter of DETROIT LUBRICATOR COMPANY, A MICHIGAN COR-
FORATION and LOCAL No. 174, INTL. UNION, UNITED AtTOMOBILE
WORKERS OF AMERICA, (AFFILIATED WITH C. I. 0.)
Case No. C-1 28S.-Decided June 7, 1939
Refrigeration and Oil Burner Controls Manufacturiing Industry-Settlement:
stipulation providing for compliance with the Act, including disestablishment
and abrogation of contracts with company-dominated union, and reinstatement
of employee-Order: entered on stipulation.
Mr. Harold A. Crane fiield, for the Board.
Lewis and Watkins, by Mr. John R. Watkins, of Detroit, Mich.,
for the respondent.
Mr. Robert L. Kanter, of Detroit, Mich., for the Union.
Mr. Richard A. Williams, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local` No.'174,
International Union, United Automobile Workers of America; af-
filiated with the C. I. 0., herein called the Union,' the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Seventh Region (Detroit, Michigan), issued its coin-
plaint on March 4, 1939, against Detroit Lubricator Company, De-
troit, Michigan, herein called the respondent, alleging that the re-
spondent had engaged in and was engaging in unfair labor practices
affecting commerce 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. A copy of the complaint and
notice of hearing thereon were duly served upon the respondent, the
Union, and Detroit Lubricator Company Employees' Association.
The respondent did not file all answer to the complaint.
1 In its original charge the Union was incorrectly designated as "Westside Local 174,
U A. W. A."
13 N. L. R B., No. 17.
123
124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent had dominated and interfered with
the formation and administration of a labor organization among its
employees, known as Detroit Lubricator Company Employees' Asso-
ciation, herein called the Association, and that the respondent had
contributed financial and other support to the Association, and that
the respondent had purported to enter into a written contract with
the Association; that the respondent had terminated the employ-
ment of and refused to reinstate one named employee 2 because he
joined and assisted the Union and engaged in other concerted activ-
ities, for the purposes of collective bargaining and other mutual aid
and protection; and that the respondent, by the aforesaid acts, and,
by surveillance of union meetings, by warning its employees to re-
frain from becoming or remaining members of the Union, and by
other acts had interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
On March 24, 1939, the respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. On April
24, 1939, a supplementary stipulation was entered into between the
respondent, the Union, and counsel for the Board.
The above-mentioned stipulation provides as follows : a
It is hereby stipulated, subject to approval by the National
Labor Relations Board, by and between Detroit Lubricator
Company, the above named respondent, Local No. 174, Inter-
national Union, United Automobile Workers of America, (Af-
filiated with C. I. 0.) and Harold A. Cranefield, Attorney for
the National Labor Relations Board as follows :
1. Respondent is and has been since on or about July 18, 1922,
a corporation organized under and existing by virtue of the laws
of the State of Michigan, having its principal office and place
of business in the City of Detroit, State of Michigan, and at all
times mentioned in the Complaint in this matter was engaged at
a plant situated in Detroit, Michigan, in the manufacture and
sale of refrigeration controls and valves, oil burner controls, and
various other products generally described as engineering
specialties.
2. In the usual and ordinary course and conduct of its busi-
ness respondent caused and has continuously caused approxi-
mately 84%, in value, of the raw materials used in the manufac-
ture of its products to be purchased and transported in interstate
commerce from and through states of the United States other
2 David Russell.
The affidavit relating to the dissolution of the Association is not set forth.
DETROIT LUBRICATOR COMPANY 125
than the State of Michigan, and in the usual and ordinary
course and conduct of its business caused and has continuously
caused approximately 90%, in value, of its products to be sold
and transported in interstate commerce into and through states
of the United States other than the State of Michigan.
3. Total sales by respondent, Detroit Lubricator Company, of
products manufactured at its Detroit plant during the years 1937
and 1938 exceeded $3,000,000 in each of said years.
4. Respondent, Detroit Lubricator Company, is engaged in
interstate commerce as defined by the National Labor Relations
Act, and is engaged in a business affecting interstate commerce
within the meaning of the National Labor Relations Act.
5. Respondent, Detroit Lubricator Company, waives the mak-
ing or entry by the National Labor Relations Board of findings
of fact or conclusions of law in this matter and stipulates and
consents that the National Labor Relations Board may, without
other or further notice to respondent, forthwith make and enter
an order in this matter in the following terms :
"Respondent, Detroit Lubricator Company its officers and
agents, successors and assigns, shall ;
1. 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 purpose of collective bargaining or
other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act;
(b) Dominating or interfering with the administration of
Detroit Lubricator Company Employees' Association, or with the
formation or administration of any other labor organization of
its employees, and from contributing support to Detroit Lubri-
cator Company Employees' Association, or to any other labor
organization of its employees;
(c) Giving effect to its contract or contracts with the Detroit
Lubricator Company Employees' Association;
(d) Discouraging membership in Local No. 174, International
Union, United Automobile Workers of America, (Affiliated with
C. I. 0.), or in any labor organization of its employees.
2. Take the following affirmative action to effectuate the poli-
cies and purposes of the National Labor Relations Act :
(a) Withdraw recognition from Detroit Lubricator Company
Employees' Association as a representative of any employees of
Detroit Lubricator Company for the purpose of collective bar-
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaining in regard to grievances, labor disputes, wages, rates of
pay, hours of employment or other conditions of employment,
and disestablish said Detroit Lubricator Company Employees'
Association as such representative;
(b) Place David Russell upon the list of its employees to
whom, pursuant to an understanding with the said Local 174,
respondent will offer reemployment as and when such employ-
ment is available in Department No. 25 of its Detroit plant,
David Russell to be placed at the foot of the present list, and
to be offered employment in Department 25 after the list as
presently constituted shall have been exhausted by offer of em-
ployment to all those employees preceding David Russell on such
list, and credit David Russell on respondent's seniority lists, in
accordance with its present practice and in conformity with its
understanding with Local 174, with seniority of three (3) years
and nine (9) months upon his being restored to active employ-
ment as aforesaid, but not crediting him with any additional
seniority by reason of any lapse of time between the date hereof
and such offer of reinstatement.
(c) Immediately post a notice in at least three conspicuous
places in its Detroit plant and keep the same posted continuously
for sixty (60) consecutive days stating: (1) That the respondent
will cease and desist as aforesaid, and (2) That the respondent
withdraws all recognition from Detroit Lubricator Company
Employees' Association as the representative of any of its em-
ployees for the purpose of dealing with respondent concerning
grievances, labor disputes, wages, rates of pay, hours of em-
ployment or other conditions of employment, and that said labor
organization is disestablished as such representative.
(d). Notify the Regional Director for the Seventh Region of
the National Labor Relations Board in writing within ten days
from the date of this order of the steps respondent has taken
to comply herewith."
6. Respondent , Detroit Lubricator Company, further stipu-
lates and consents to the entry by any appropriate United States
Circuit Court of Appeals of a decree for the enforcement of the
order of the National Labor Relations Board in the above form
and waives its right to contest any application by the National
Labor Relations Board for the entry of such a decree and further
waives any and all requirements of notice in the filing of such
application by the National Labor Relations Board before any
United States Circuit Court of Appeals.
7. Respondent, Detroit Lubricator Company, hereby waives its
right to a hearing in this cause , waives any objection or excep-
DETROIT LUBRICATOR COMPANY 127
tion that might lie or be taken to the failure of the National
Labor Relations Board to notice an adjournment of the hearing
heretofore noticed in this matter for March 20, 1939, and agrees
that the charge, amended charge, complaint and notice of hear-
ing as heretofore served on respondent , the entry of appearance
in behalf of respondent by the undersigned Lewis & Watkins,
together with this stipulation and a copy of the Rules and Regu-
lations of the National Labor Relations Board , Series 1, as
amended, shall be filed with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C., and shall
constitute the record in this proceeding; provided, however, that
nothing in this stipulation contained shall be taken as an admis-
sion by respondent of the commission of any unfair labor
practices as alleged in the complaint in this matter or otherwise.
8. It is further stipulated between the parties hereto that there
has been filed in the Circuit Court for Wayne County, Michigan,
in a suit pending in said Court wherein Detroit Lubricator Com-
pany Employees' Association, as plaintiff, sought to restrain
Detroit Lubricator Company, as defendant, from collective
bargaining with Local No. 174, International Union, United
Automobile Workers of America, (Affiliated with C. I. 0.) in
support of plaintiff 's motion for the dismissal of said suit upon
stipulation, an affidavit of which a true copy is attached hereto
as Exhibit A and made a part hereof by reference.
The above -mentioned supplementary stipulation reads as follows :
It is hereby further stipulated by and between the parties
hereto as follows :
1. M. Lofgren, R. Roebuck and L. Drake are employees of
respondent not now actively employed but entitled under the
present practice of respondent, Detroit Lubricator Company, and
in conformity with an understanding between respondent and
Local 174, International Union, United Automobile Workers of
America, to re-employment in Department 25 of respondent's
Detroit plant when such employment shall be available and
additional employees are required by respondent in that depart-
ment. Respondent hereby agrees that when such employment is
available it will first offer such employment to the said M. Lof-
gren, R. Roebuck and L. Drake in the order of the seniority of
their employment by respondent.
2. Paragraph 2 (b) of the Order, entry of which by the Na-
tional Labor Relations Board was agreed to by respondent by
Paragraph 5 of the Stipulation entitled in this matter and
entered into in writing by the parties hereto on March 24, 1939,
is hereby amended to read as follows:
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"(b) Offer employment in Department 25 of its Detroit plant
to David Russell when employment shall be available in that
department and additional employees are needed by respondent
therein after first offering employment in that department to
M. Lofgren, R. Roebuck and L. Drake, in the order of the senior-
ity of their employment by respondent, and upon re-employing
David Russell credit him on its seniority lists, in accordance with
its present practice, with seniority of three years and nine
months, but not crediting him with any additional seniority by
reason of any lapse of time between the date hereof and such
re-employment."
Respondent, Detroit Lubricator Company, further stipulates
and consents to the entry by any appropriate United States Cir-
cuit Court of Appeals for a decree for the enforcement of the
Order of the National Labor Relations Board as hereby amended
and waives its right to contest any application by the National
Labor Relations Board for the entry of such a decree and further
waives any and all requirements of notice in the filing of such
application by the National Labor Relations Board before a
United States Circuit Court of Appeals.
On May 16, 1939, the Board issued its order approving the above
stipulation and supplementary stipulation, making them part of the
record, and transferring the proceeding to the Board for the purpose
of entry of a decision and order by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Detroit Lubricator Company, a Michigan corpora-
tion, with its principal office and place of business in Detroit, Michi-
gan, is engaged in the manufacture and sale of refrigeration controls
and valves, oil-burner controls, and various other products generally
described as engineering specialties. In value, 84 per cent of the
raw materials used by the respondent in the manufacture of its
products are purchased and transported from points outside the State
of Michigan. In value, 90 per cent of the respondent's products are
sold and shipped to points outside of the State of Michigan. In each
of the years of 1937 and 1938 the total sales made by the respondent
of its products manufactured at its Detroit plant exceeded $3,000,000.
The respondent stipulated that it is engaged in commerce within the
meaning of Section 2 (6) and (7) of the Act.
DETROIT LUBRICATOR COMPANY 129
We find that the above-described operations constitute a continu(us
flow of trade, traffic, and commerce among the several States.
ORDER
, Upon the basis of the above findings of fact, stipulation, supple-
mentary 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 Detroit Lubricator Com-
pany, Detroit, Michigan, its officers and agents, successors, and as-
signs shall;
1. 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 rep-
resentatives of their own choosing and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid or pro-
tection as guaranteed in Section 7 of the National Labor Relations
Act;
(b) Dominating or interfering with the administration of Detroit
Lubricator Company Employees' Association, or with the formation
or administration of any other labor organization of its employees,
and from contributing support to Detroit Lubricator Company Em-
ployees' Association, or to any other labor organization of its em-
ployees;
(c) Giving effect to -its contract or contracts with the Detroit Lubri-
cator Company Employees' Association;
(d) Discouraging membership in Local No. 174, International
Union, United Automobile Workers of America (Affiliated with
C. I. 0.), or in any labor organization of its employees.
2. Take the following affirmative action, which the Board finds will
effectuate the policies and purposes of the Act :
(a) Withdraw recognition from Detroit Lubricator Company Em-
ployees' Association as a representative of any employees of Detroit
Lubricator Company for the purpose of collective bargaining in regard
to grievances, labor disputes, wages, rates of pay, hours of employ-
ment or other conditions of employment, and disestablish said Detroit
Lubricator Company Employees' Association as such representative;
(b) Offer employment in Department 25 of its Detroit plant to
David Russell when employment shall be available in that department
and additional employees are needed by respondent therein after first
offering employment in that department to M. Lofgren, R. Roebuck
and L. Drake, in the order of the seniority of their employment by
respondent, and upon reemploying David Russell credit him on its
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
seniority lists, in accordance with its present practice, with seniority
of three years and nine months, but not crediting him with any addi-
tional seniority by reason of any lapse of time between the date hereof
and such re-employment;
(c) Immediately post a notice in at least three conspicuous places
in its Detroit plant and keep the same posted continuously for sixty
(60) consecutive days stating : (1) That the respondent will cease and
desist as aforesaid, and (2) that the respondent withdraws all recog-
nition from Detroit Lubricator Company Employees' Association as
the representative of any of its employees for the purpose of dealing
with respondent concerning grievances, labor disputes, wages, rates of
pay, hours of employment or other conditions of employment, and that
said labor organization is disestablished as such representative;
(d) Notify the Regional Director for the Seventh Region of the
National Labor Relations Board in writing within ten (10) days from
the date of this Order of the steps respondent has taken to comply
herewith.
MR. WILLIAM M. LEIsExsoN took no part in the consideration of
the above Decision and Order.