The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1938-09-08
Nu+ionoI Labor
Continued From Pace One)

anime and cross-examine witnesses
and introduce other evidence, but
respondent did not appear at the hear
ing. However, in addition to the usual
notice, word was sent by telephone
that the hearing was in progress. On
the second day of the hearing, re-
spondent's secretary-treasurer George
Machin) testified under subpoena. At
the conclusion of the hearing the par
ties were afforded a reasonable oppor-
tunity to argue orally before the un-
dersfgned and were advised by the un-
dersigned that they would be given an
opportunity for oral argument before
the Board upon request made to the
Board within ten 1O) days from the
receipt of the intermediate Report.
Upon the record made, including the
stenographic report of the hearing and
all the evidence, and having had an op-
portunity to observe all witnesses who
testified, the undersigned makes, in ad-
dition to the above, the following
specific findings of fact:
FINDINGS OF FACT
Il. Respondent
l. The Kokomo Sanitary Pottery
Corporation is a corporation organ
lied under the laws of the State of
Indiana on August 10, 1882. It's prin-
ciple office and manufacturing plant
are located in Kokomo, Indiana. 1t is
engaged in the manufacture of sani-
tary plumbing equipment, more speci-
fically described as toilet bowls, toilet
tanks, and lavatories.
2. The raw materials so used consist
principally of ball clays, feldspar,
ground silica, and sand. Substantially
all of these raw materials are bought
and transported in interstate COM
merce from the States of Tennessee,
North Carolina, South Carolina, Hi
nois, and from England.
3. Of its manufactured products,
about 40 to 60 per cent are sold and
transported in interstate commerce to
most of the States of the United States
other than Indiana. The respondent
sells its products through manufacture
ers Representatives who maintain their
own Offices in various States through
out the country.
III. The Organization Involved
4. Local No. 26 of the National
Brotherhood of Operative Potters is
affiliated with the American Fedora
tion Of Labor 1t is hereinafter refer
red to as the Union.
5. The KoSan Club is an associa-
tion formed among the employees of re-
spondent in the various departments of
respondents plant, for the purpose of
collective bargaining with the respon-
dent on questions pertaining to wages
and working hours and conditions.
6. 1t is found both the Union and
the ko-San Club are labor organiza-
tions within the meaning Of Section
2 (3) Of the Act.
Ill. The Unfair Labor Practices
a. interference, restraint and coercion
Z. During the year of 1884 respon-
dent discharged employe Clarence
Baldwin. A complaint alleging the
discharge to be for union activity was
filed with the cold Board" (") which
conducted hearing in Baldwin's rein
statement. Subsequently respondent s
president, Max Gerber, assembled all
the employees in a room at the plant.
At this meeting he called out the
names of approximately II employees
who had appeared as witnesses for
Baldwin at the hearing. He then had
them to stand to one side. The re-
naming employees, who had not testi-
fled at the hearing, President Gerber
characterized as "loyal' employees. He
further stated that nobody but himself
was going to run the shop; neither the
Labor Board or anybody else.
(") "The National Labor Relations
Board established by Executive Order
No. 6763 (June 20, 1934) and Execu-
tive Order No. 7074 (June Is, 1880,
See Section 2 (1D of the Act"
8. Subsequently, i. G. during January
1885, respondent laid off 27 members
of the Union, claiming that the molds
then being used to shape their pro-
duces were old and Detectives; that the
employees would be recalled when the
molds were replaced. However, before
any Of the union men were recalled,
several new men were hired and put
to work on the benches where some of
the union men formerly worked.
Claiming such conduct to be an inter
ference with the union organization,
the Union called strike at respon-
dents plant on February II, 1885. 1t
continued thereafter until September
IA, 1886.
9. During the strike, on August Is,
1886, a conference was held between a
representative Of the Board and rep
resentatives of the Union and respon-
dent. Respondent caused a steno-
graphic record to be made of what was
said ed. Elk. 19). At this meeting, re-
spondent's president, Gerber, an
nounced: eve do not deal with Organ
izations. Each man stands on his own
merits for employment" The employees
present apparently were willing to
abandon representation through the
Union, but insisted that respondent
deal with them as group of employees
at least. Even this President Gerber
rejected, saying: ''We want you to
file individual applications aswe do not
recocni7e vollr so-rallen "ITnioy1v- or