Zweig Manufacturing Co.

In the Matter Of ZWEIG MANUFACTURING COMPANY and AMALGA- MATED CLOTHING WORKERS OF AMERICA Case No. C-2103.-Decided March 5, 1940 Jurisdiction : garment manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Bliss Daffan, for the Board. Mr. H. W. Zweig, for the respondent. Mr. George Lambert, of Dallas, Tex., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE, Upon charges and amended charges duly filed by Amalgamated Clothing Workers of America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixteenth Region (Fort Worth, Texas) issued its complaint dated January 13, 1942, against Zweig Manufacturing Company, Dallas, Texas, herein called the respondent," alleging that the respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1) and (4) and Sec- tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hear- ing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondent on or about June 3, 1941, and at all times thereafter refused to reemploy or reinstate Murial Vining because she filed charges under the Act and (2) that from on or about January 21, 1941, the respondent urged, persuaded, and warned its employees to refrain from aiding, becoming, or remaining members of the Union or seeking the advice or assistance of the ' It appears from a stipulation herein that the respondent is an individual 39 N. L. R. B., No. 80. 448 ZWEIG MANUFACTURING' COMPANY 449 Union in connection with wages , hours, or other conditions of em- ployment and threatened its employees with discharge or other reprisals if they sought or obtained such aid or assistance. On February 14, 1942, the respondent, the Union, and counsel for the,Board entered into a stipulation in settlement of the case. This stipulation provides as follows : IT IS HEREBY STIPULATED AND AGREED by and among H. W. Zweig, doing business under the style and trade name of Zweig Manufacturing Company, hereinafter, called the Respondent, and Amalgamated Clothing Workers of America, hereinafter called the Union, and Bliss Daffan, Attorney for the,National Labor Relations Board, Sixteenth Region, that: 1. Upon an amended charge, duly filed by the Union, the National Labor Relations Board, hereinafter referred to as the Board, by Edwin A. Elliott, RegionalDirector for the Sixteenth Region, Fort Worth; Texas, as agent for the Board, acting pur- suant to authority granted in Section 10 (b) of the National Labor Relations Act, hereinafter referred to as the Act, and acting pursuant to the Board's Rules and Regulations , Series 2, as amended , issued its Complaint and Notice of Hearing on the 13th day of January , 1942, against the Respondent. 2. The Respondent is an individual doing business under the style and trade name of Zweig Manufacturing Company. The Respondent is now and has continuously been engaged at his plant at Dallas , Texas, in the manufacture , sale, and dis- tribution of work clothing, mostly pants and shirts. The -Respondent , in the course and conduct of his business, causes and has continuously caused a large part of the raw materials used in the manufacture of his finished products to be purchased and transported in interstate commerce, through states of the United States other than the State of Texas, to his plant at Dallas, Texas, and causes and has continuously caused a large part of the above-mentioned finished products produced and manufactured by him to be sold and transported in inter- state commerce from his plant, in the said State, of Texas, into and through states of the United States other than the State of Texas. The Respondent purchases . approximately 500,000 yards of material a year to be used in the manufacture of his products. This material consists principally of khaki cloth purchased in the States of North and South Carolina and in the State of Alabama, at a cost of approximately $75,000.00. The finished products of the Respondent are sold to any jobber in any part 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the United States, but are distributed principally in Texas, Oklahoma, Louisiana and Arkansas. During the calendar year of 1941, the Respondent produced and sold finished products of the nature mentioned above valued in excess of $150,000.00. Not more than 25 percent of value of such finished products were sold by the Respondent and transported in interstate com- merce outside the State of Texas. 3. The Respondent is engaged in commerce within the mean- ing of Section 2 (6) of the Act and his operations affect com- merce within the meaning of Section 2 (7) of the Act. 4. The Union is a labor organization within the meaning of the Act. 5. All parties hereto acknowledge service of the Complaint, Notice of Hearing and Amended Charge, all above-referred to, and expressly waive further pleadings, hearings and the making of Findings of Fact and conclusions of law by the Board. 6. This Stipulation, together with the Complaint, Notice of Hearing, and Amended Charge, may be filed with the Chief Trial Examiner of the Board at Washington, D. C., and when so filed shall constitute the record in this case. 7. Nothing herein contained shall be constituted or taken as an admission by the Respondent of any of the violations of the Act alleged in the aforesaid Complaint. 8. All parties hereto hereby consent to the entry of an Order by the Board providing that on the basis of the record in the case, pursuant to Section 10 (c) of the Act, the Respondent, his officers, agents, successors and assigns; 1. Shall not : (a) In in any manner interfere with, restrain or coerce his employees in the exercise of their rights 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 Nation a Labor Relations Act. (b) In any manner discriminate against an employee because he or she has filed charges or given testimony under the National Labor Relations Act. H. Shall take the following affirmative action to effectuate the cause of the Act : (a) Offer to Muriel Vining immediate and full reinstatement to her former or to a substantially equivalent position, without prejudice to her seniority or other rights and privileges, and ZWEIG MANUFACTURING COMPANY 451 make whole Muriel Vining for any loss of pay she may have suffered by payment to her of the sum of $1.61. (b) Post immediately in conspicuous places in the Dallas, Texas, plant of the Respondent, and maintain for a period of at least sixty (60) days, notices to its employees stating: (1) That the Respondent will not engage in the conduct pro- hibited in paragraph I, (a) and (b) of this Order. (2) That he has taken the affirmative action ordered in para- graph II, (a) of this Order. (c) Notify the Regional Director for the Sixteenth Region bf the Board, in writing, within ten (10) days from the date of this Order what steps the Respondent has taken to comply, herewith. IT IS FURTHER ORDERED that the Amended Charge be and it hereby is dismissed insofar as it alleges that the Respond- ent terminated the employment of Muriel Vining on or about May 23, 1941, because of her membership and activities in behalf of the :Amalgamated Clothing Workers of- America, and - there- after refused to reinstate her because of such membership and activity. 9. Upon application by the Board, the United States Circuit Court of Appeals for the Fifth Circuit, or any appropriate Circuit Court of Appeals in the United States, may enter its decree enforcing the Order of the Board as set forth in, para- graph 8 above. All parties hereto expressly waive all right and privilege to receive further notice of the filing of an appli- cation for the entry of such decree or to contest the entry of -such decree. 10. This Stipulation contains the entire agreement between all the parties' hereto and there is no other agreement of any kind, verbal or otherwise, which varies, alters, adds to or detracts from this Stipulation. This stipulation is subject to the approval of the National Labor Relations Board. On February 18, 1942, the Board issued its order approving the above stipulation, making it part of the record in the case, and transferring the proceeding to the Board for the entry of a decision and order by the Board pursuant to the provisions of this stipulation. Upon the above stipulation and entire record in the case, the Board makes the following : 452 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT H. W. Zweig is an individual doing business under the style and trade name of Zweig Manufacturing Company. He is engaged in the manufacture, sale, and distribution of work clothing at Dallas, Texas. The respondent purchases annually approximately 500,000 yards of material for use in the manufacture of his products. This material consists principally of khaki cloth purchased outside the State of Texas at a cost of approximately $75,000. The finished products of the respondent are distributed principally in Texas, Oklahoma, Louisiana, and Arkansas. During 1941 the respondent produced and sold finished products valued in excess of $150,000. Not. more than 25 percent by value of such finished products was delivered outside the State of Texas. ' The respondent admits that he is engaged in commerce within the meaning of the Act. We find that the above-described ' operations constitute a contin- uous flow of trade, traffic, and commerce among the several States. 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 National Labor Relations Act, the National Labor Relations Board hereby orders that H. W. Zweig, doing business as Zweig Man- ufacturing Company, Dallas, Texas, his agents, successors, or assigns : 1. Shall not : (a) In any manner interfere with, restrain or coerce his em- ployees in the exercise of their rights 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) In any manner discriminate against an employee because he or she has filed charges or given testimony under the National Labor Relations Act. 1 2. Shall take the following affirmative action to effectuate the purposes of the Act : (a) Offer to Muriel Vining immediate and full reinstatement to her former or to a substantially equivalent position, without preju- dice to her seniority or other rights and privileges, and make whole ZWEIG MANUFACTURING COMPANY 453 Muriel Vining for any loss- of pay she may have suffered by payment to her of the sum of $1.61; (b) Post immediately in conspicuous places in the Dallas, Texas, plant of the Respondent, and maintain for a period of at least sixty (60) days, notices,to its employees stating: (1) That the respondent will not engage in the conduct prohibited in paragraph 1 (a) and (b) of this Order, (2) That he has taken the affirmative action ordered in paragraph 2 (a) of this Order; (c) Notify the Regional Director for the Sixteenth Region of the Board, in writing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. IT IS FURTHER ORDERED that the Amended Charge be, and'it hereby is, dismissed insofar as it alleges that the respondent terminated the employment of Muriel Vining on or about May 23, 1941, because of her membership and activities in behalf of the Amalgamated Clothing Workers of America, and thereafter refused to reinstate her because of such membership and activity.