Douglas Aircraft Co., Inc.

National Labor Relations Board - Board Decisions

Mar 14, 1940

21 N.L.R.B. 655 (N.L.R.B. 1940)

In the Matter of DOUGLAS AIRCRAFT CO., INC., NORTHROP DIVISION and
INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,
LOCAL 229
Case No. C-557
ORDER VACATING ORDER
AND
SUBSTITUTING MODIFIED ORDER
March 14, 19.40
On December 1, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in this matter.' On
February 13, 1940, Douglas Aircraft Co., Inc., Northrop Division,
herein called the respondent; International Union, United Automobile
Workers of America, Local 229; Local 683, International Union,
United Automobile Workers of America, C. I. 0., Successor to Inter-
national Union, United Automobile Workers of America, Local 229;
and counsel for the Board entered into the following stipulation:
STIPULATION
The National Labor Relations Board, having entered its De-
cision and Order on or about November 30, 1939, in the above
entitled matter, and it being the desire of the parties hereto to
dispose of the matters involved by mutual agreement, it is hereby
stipulated and agreed, by and between Douglas Aircraft Co., Inc.,
Northrop Division, respondent herein ; International Union,
United Automobile Workers of America, Local 229, party herein,
and Weldon P. Monson, Attorney for the National Labor Rela-
tions Board, that upon all of the proceedings heretofore had
in this matter and more fully described in the Decision and Order
of the Board herein, and on the record in this case , and on all
the pleadings, and on the findings of fact, and conclusions of
law, Decision and Order entered by the Board on or about
November 30, 1939;
118 N. L R B 43
21 N. L. R. B, No 62.
655
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I. If approved by the Board, the said Order may be modified
to read as follows :
ORDER
Upon the basis of a stipulation, and findings of fact and con-
clusions of law heretofore made by the National Labor Rela-
tions Board, and pursuant to Section 10 (c) of the National Labor
Relations Act, the National Labor Relations Board hereby orders
that the respondent, Douglas Aircraft Co., Inc., El Segundo,
California, its officers, agents, successors and assigns, shall :
(1) Cease and desist from :
(a) Discouraging membership in International Union, United
Automobile Workers of America, Local 229, or any other labor
organization of its employees, by discriminating in regard to
hire or tenure of employment or any terms or conditions of
employment ;
(b) Giving effect to any existing agreement with any of its
employees insofar as it obligates the employee to refrain from
striking and to forfeit $15.00, to be deducted from his wages,
for violation of the agreement to refrain from striking and
provides that violation of the agreement not to strike shall be
cause for discharge;
(c) Requiring as a condition of employment that employees
or prospective employees shall agree that they will not strike,
that they will forfeit a sum if they strike, or that striking shall
be an agreed cause for discharge;
(d) In any other manner interfering with, restraining, and
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, and
to engage in concerted activities for the purposes 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) Immediately offer Al Riess reinstatement to his former
or a substantially equivalent position, without prejudice to his
seniority or other rights and privileges previously enjoyed by
him; said offer to be communicated to Al Riess by registered
mail, return receipt requested, and acceptance thereof to be made
by Al Riess within ten days from the receipt of said offer, other-
wise said offer shall be deemed to be rejected;
(b) Make whole Al Riess by payment to him immediately
upon the entry of this Order, of the sum of Five Hundred
DOUGLAS AIRCRAFT CO., INC. 657
($500.00) Dollars, which sum is in full settlement of the amount
which said employee would have earned as wages during the
period from the date of the respondent's discrimination against
him to the date of its offer of reinstatement, less his net earnings
during such period;
(c) Post immediately in conspicuous places throughout its
plant, and maintain for 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), (c) and (d), and that it will take the
affirmative action set forth in Paragraph 2 (c) of this Order, and
that the case of Al Riess has been satisfactorily adjusted before
the National Labor Relations Board; and said notices' shall fur-
ther inform all of respondent's employees who have signed the
instrument entitled, "Conditions of Employment",- that insofar
as such instrument involves agreement by employees that they
will not strike, and that they will forfeit $15.00, to be deducted
from wages, if they strike, and that violation of the agreement
not to strike shall be cause for discharge, the respondent has
discontinued and will discontinue as a term or condition of em-
ployment, and will cease and desist from enforcing or attempt-
ing to enforce, it, or any such instrument, and
(d) Notify the Regional Director for the Twenty-first Region
in writing, within ten (10) days from the date of this Order,
what steps the respondent has taken to comply herewith.
II. It is stipulated and agreed, that the United States Circuit
Court of Appeals, for the Ninth Circuit, may, upon application
of the National Labor Relations Board, enter a Decree, enforcing
the aforesaid Order of the Board, respondent hereby expressly
waiving its right to contest the entry of such Decree in such
Circuit Court of Appeals, and, further, respondent does hereby
expressly waive its right to receive notice of the filing by the
National Labor Relations Board of an application for the entry
of such a Decree.
III. It is further understood and agreed, that this Stipula-
tion 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.
IV. It is further understood and agreed, that this Stipula-
tion shall not .become effective until approved by the National
Labor Relations Board, and that it shall become effective and
binding immediately upon such approval.
On February 19, 1940, the Board approved said stipulation and
ordered it made part of the record herein, and on February 23, 1940,
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
issued an amendment to its order approving said stipulation for the
purpose of correcting a minor error in such order.
Upon the basis of the above stipulation, the pleadings, and the
entire record in the case, and pursuant to Section 10 (c) and (d) of
the National Labor Relations Act, 49 Stat. 449, the National Labor
Relations Board hereby orders that its Order issued on December 19
1939, be, and it hereby is, vacated and further orders that a modified
order be substituted therefor, to read as follows :
ORDER
Upon the basis of a Stipulation, and findings of fact and conclu-
sions of law heretofore made by the National Labor Relations Board,
and pursuant to Section 10 (c) of the National Labor Relations'Act,
the National Labor Relations Board hereby orders that the respond-
ent, Douglas Aircraft Co., Inc., El Segundo, California, its officers,
agents, successors and assigns, shall:
(1) Cease and desist from:
(a) Discouraging membership in International Union, United Au-
tomobile Workers of America, Local 229, or any other labor organi-
zation of its employees, by discriminating in regard to hire or tenure
of employment or any terms or conditions of employment;
(b) Giving effect to any existing agreement with any of its em-
ployees in so far as it obligates the employee to refrain from striking
and to forfeit $15.00, to be deducted from his wages, for violation
of the agreement to refrain from striking and provides that violation
of the agreement not to strike shall be cause for discharge;
(c) Requiring as a condition of employment that employees or
prospective employees shall agree that they will not strike, that they
will forfeit a sum if they strike, or that striking shall be an agreed
cause for discharge;
(d) In any other manner interfering with, restraining, and coerc-
ing 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 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.
(2) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Immediately offer Al Riess reinstatement to his former or a
substantially equivalent position, without prejudice to his seniority
or other rights and privileges previously enjoyed by him; said offer
to be communicated to Al Riess by registered mail, return receipt,
DOUGLAS AIRCRAFT CO., INC. 659 ,
requested, and acceptance thereof to be made by Al Riess within ten
days from the receipt of said offer, otherwise said offer shall be deemed
to be rejected;
(b) Make whole Al -Riess by payment to him immediately upon
the entry of this Order, of the sum of Five Hundred ($500.00) Dol-
lars, which sum is in full settlement of the amount which said em-
ployee would have earned as wages during the period from the date
of the respondent's discrimination against him to the date of its offer
of reinstatement, less his net earnings during such period;
(c) Post immediately in conspicuous places throughout its plant,
and maintain for 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),
(c) and (d), and that it will take the affirmative action set forth in
Paragraph 2 (c) of this Order, and that the case of Al Riess has
been satisfactorily adjusted before the National Labor Relations
Board; and said notices shall further inform all of, respondent's
employees who have signed the instrument entitled, "Conditions of
Employment", that in so far as such instrument involves agreement
by employees that they will not strike, and that they will forfeit
$15.00, to be deducted from wages, if they strike, and that violation
of the agreement not to strike shall be cause for discharge, the re-
spondent has discontinued and will discontinue as a term or condition
of employment, and will cease and desist from enforcing or attempt-
ing to enforce, it, or any such instrument; and
(d) Notify the Regional Director for the Twenty-first Region in
writing, within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith.