Dartmouth Woolen Mills, Inc.

In the Matter of DARTMOUTH WOOLEN MILLS, INC. and UNITED TEXTILE WORKERS OF AMERICA, LOCAL UNION No. 2123 Case No. C-441.-Decided February 28, 19:38 Settlement : stipulation providing for reinstatement of employees and pay- ment of back pay. Mr. Norman F. Edmonds, for the Board. Mr. G. K. Brown, for the respondent. Mr. Louis J. Guilmet, for the United. Mr. Martin Kurasch, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Louis J. Guilmet, general organizer for the United Textile Workers, of America, herein called the United, the National Labor Relations Board, herein called the Board, by A. Howard Myers, Acting Regional Director for the First Region (Boston, Massachusetts), issued its complaint dated May 2, .1936 against Dartmouth Woolen. Mills, Inc., Claremont, New Hampshire, herein called the respondent. The complaint and notice of hearing thereon were duly served upon the respondent and the United. The complaint alleged that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), (3)- and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 7, 1936 the respondent filed its answer to the complaint denying that it had engaged in or was engaging in the unfair labor practices and alleging that the National Labor Relations Act was unconstitutional and void. On May 11, 1936 the Board caused a notice of postponement of hearing to be signed by the Acting Regional Director. The hearing was postponed until further notice. Upon amended charges duly filed by the United, the Board, by A. Howard Myers, Regional Director for the First Region, issued its amended complaint dated February 8, 1938 against the re- spondent. The amended complaint and notice of hearing thereon were duly served upon the respondent and the United. 80535-38-44 679 680 NATIONAL LABOR RELATIONS BOARD On February 16, 1938 the Board, the respondent and the United entered into the following stipulation : I Upon charges duly filed by the United Textile Workers of America, Local Union No. 2123, through Louis J. Guilmet, ac- credited agent and representative of said Local Union No. 2123 for this purpose, A. Howard Myers, agent of the National Labor Relations Board, acting pursuant to authority granted in Sec- tion 10 (b) of the National Labor Relations Act, approved July 5, 1935 and acting pursuant to its rules and regulations , Series 1, Article 4, Section 1, issued its amended complaint and notice of hearing on the eighth day of February , 1938, against the Dart- mouth Woolen Mills, Inc., respondent herein. II The third amended charge , amended complaint and notice of hearing thereon, as well as a copy of the Rules and Regula- tions of the National Labor Relations Board , Series 1, as amended April 18, 1936, were duly served upon the respondent and upon United Textile Workers of America, Local Union No. 2123 on February 9th, 1938, in accordance with said Rules and Regulations , Series 1, Article 5 , Section 1; which hearing was to begin at 10: 00 A. M. on February 17th, 1938, in the Court Room, Town ITall, Claremont, New Hampshire ; thus allowing an intervening period of eight days between the service of the said third amended charge, amended complaint , notice of hearing and copy of Rules and Regulations and the date of the hearing. III Respondent , Dartmouth Woolen Mills, Inc., is and has been since December 23, 1927 a corpo `ration organized and exist- ing by virtue of the laws of the state of New Hampshire , having its principal office and place of business in the Town of Clare- mont, County of Sullivan, State of New Hampshire and is now and has continuously been engaged at a place of business in the town of Claremont, County of Sullivan , State of New Hamp- shire (hereinafter called the Claremont Plant), in the produc- tion, sale and distribution of woolen cloth of various grades, types and qualities. IV The United Textile Workers of America, Local Union No. 2123 is a labor organization within the meaning of said Act. V Respondent, Dartmouth Woolen Mills, Inc. is engaged in interstate commerce within the meaning of the National Labor Relations Act. VI The raw materials which the respondent , Dartmouth Woolen Mills, Inc., uses in its business at the Claremont Plant have been and are as follows: shoddies (reworked wool), greased wool, scoured wool, rayon, cotton waste, wool waste, chemicals and dyestuffs . The total cost of these raw materials used by DECISIONS AND ORDERS 681 the respondent in its Claremont Plant amounted to $449,842.21 for the year 1935, $543,806.03 for the year 1936, and $474,842.21 for the year 1937. The poundage of these raw materials (exclu- sive of the before mentioned chemicals and dyestuffs) used by the respondent in the conduct of its business at the Claremont Plant amounted to 971,988 pounds for the year 1935, 1,130,855 pounds for the year 1936, and 1,109,409 pounds for the year 1937. From January 1, 1935 up to the present time, the respondent, Dart- mouth Woolen Mills, Inc., has purchased approximately 98% of these before mentioned raw materials in states of the United States other than the State of New Hampshire, namely in the states of New York, Rhode Island, Connecticut, Pennsylvania and Massachusetts, and in the course and conduct of its business causes and has continuously caused approximately 98% of these raw materials used by it in the production of its woolen cloth at its Claremont Plant to be transported in interstate commerce from the above named states to its Claremont Plant in the State of New Hampshire, and there these raw materials are manu- factured by the respondent into woolen cloth, the operations involved being spinning, weaving and finishing. VII The respondent, Dartmouth Woolen Mills, Inc., manu- factures at its Claremont Plant woolen cloth of various grades, types and qualities. The respondent manufactured at its Clare- mont Plant 913,496 yards of said woolen cloth (which is ap- proximately five feet in width) in the year 1935; 948,202 yards of said woolen cloth in the year 1936; and 1,224,877 yards of said woolen cloth in the year 1937. The value of the said woolen cloth produced by the respondent at its Claremont Plant in the year 1935 amounted to $877,890.92; for the year 1936, it amounted to $978,771.98; and for the year 1937, it amounted to $1,024,- 621.05. From January 1, 1935 to the present time, respondent has shipped by rail, truck and water approximately 98% of the entire output of woolen cloth of its Claremont Plant, from its Claremont Plant to its commission agent in the city of New York, State of New York; respondent setting the price at which its woolen cloth is sold to the eventual purchaser and the com- mission agent being paid a certain percentage for services ren- dered as selling agent; the commission agent sells and causes the woolen cloth to be transported to purchasers in all parts of the United States. VIII Dartmouth Woolen Mills, Inc., respondent herein, is one of the larger woolen mills in the state of New Hampshire and is the second largest company in the town of Claremont, state of New Hampshire, regardless of nature of business. 682 NATIONAL LABOR RELATIOI S BOARD From January 1, 1935 up to the present time, the Claremont Plant of the respondent has operated at full capacity for ap- proximately nine months during each year, employing between 325 and 350 employees when operating at said full capacity. Approximately 20 of these employees are engaged in supervisory, clerical and executive positions. In the slack periods, from January 1, 1935 to the present time, respondent has employed as few as fifty people at its Claremont Plant. IX The acts of the respondent in discharging and refusing to reinstate those of its employees named in the Amended Com- plaint 1 (copy of which is hereto attached) constitute violations of Section 8, subsections (1) and (3) of said Act, as alleged in said Amended Complaint, and said acts occurred in connection with the operations of the respondent described herein and have and have had a close, intimate and substantial relation to trade, traffic, and commerce among the several states and have led and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. X Dartmouth Woolen Mills, Inc., respondent herein, will offer to Andrew Zarsky, Angelina Leblanc, Guy M. Bentley, Ada Lamirande, Omer Garneau, Allard Bedard, Mary Witkowski, Iva Lamiere, Eva Bedard, Telesphore Dubois, Victoria Mackie (nee Pawlowski), Corrine Rushea, Edward Bentley, Arthur Garneau, Alex Companion, Anthony Leveille, Severine Leveille, Blanche Lessard, Freeda Companion, Eva Foisy, Philamena Marro, Edna Mussey, Cecelia Brody, Rita Arel (nee Helie), Rosilda Benoit, Agnes Sciborek, Mary Dandenault, Edmund Lavoie, Rene Couture, Florence Houde, Bertha Houde, Ethel • Thibodeau, Arthur Picard, Bertha Provencher, Romeo Lemieux, by Monday, February 21st, 1938, immediate and full reinstate- ment to the positions which they held prior to the strike in March of 1936, without prejudice to seniority rights or any other rights and privileges previously enjoyed by them; and in the event that any of the positions held by any of the above named employees previous to the strike in March of 1936 are no longer in operation or existence, the Dartmouth Woolen Mills, Inc. will offer to such of the above named employees whose former positions are no longer in operation or existence immediate and full reinstatement without prejudice to seniority rights or any other rights and privileges previously enjoyed by them to posi- tions similar and substantially equivalent to those positions held by said employees prior to the strike in March of 1936. The employees named in the Amended Complaint are set out in-Appendix A to this Decision and Order. DECISIONS AND ORDERS 683 XI Dartmouth Woolen Mills, Inc., respondent herein, will pay to the following employees the following amounts as back pay 2 Blanche Lessard ----------- $100 Corrine Rushea------- ____ $225 Rita Arel (nee Helie)______ $100 Rene Couture______________ $100 Victoria Mackie (nee Paw- lowski)_________________ $225 Bertha Provencher_________ 5100 Freeda Companion-------- $300 Romeo' Lemieus_____=______ $100. Philamena Marro_________ $300 Ales Companion __________ _ :1100 Edna Mussey_____________ $300 Agnes Sciborek ------------ $200 Cecilia Brody_____________ $300 Mary Dandenault__________ $200 Rosilda Benoit ----------- $300 Andrew Zarsky____________ $200 Ethel Thibodeau__________ $300 Omer Garneau_____________ $200 Arthur Garnean ---------- $300 Iva Lamiere --------------- $200 Edward Bentley ---------- $300 Anthony Leveille___________ $200 Telesphore Dubois -------- $300 Severine Leveille___________ $200 Mary Witkowski---------- $300 Eva Foisy__________________ $225 Allard Bedard____________ $300 Edmund Lavoie____________ $225 Ada Lamirande___________ $300 Florence Houde------------- $225 Guy M. Bentley___________ $300 Bertha Houde______________ $=25 Angelina Leblanc --------- $300 Arthur Picard ------------- $225 Peter Delage ------------- $1, 000 Eva Bedard________________ $225 Dartmouth Woolen Mills, Inc., respondent herein, will deposit these monies, amounting to $9,000. in toto, on or before Febru- ary 18, 1938, with the People's National Bank, Claremont, New Hampshire, to the account of John Goodnow, as trustee for the above named employees, upon the following terms and condi- tions : Upon approval of this stipulation by the National Labor Relations Board, John Goodnow will pay to each of the above named employees of the Dartmouth Woolen Mills, Inc. the amount designated above. Upon notice by the National Labor Relations Board of their failure to approve this stipulation, the above mentioned $9,000. is to revert back immediately to the Dartmouth Woolen Mills, Inc., respondent herein. XII Respondent, Dartmouth Woolen Mills, Inc., waives its right to hearing, as set forth in Sections 10 (b) and 10 (c) of the National Labor Relations Act. XIII This stipulation along with the third amended charge, amended complaint, notice of hearing and Rules and Regulations of the National Labor Relations Board may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. XIV Upon this stipulation, if approved by the National Labor Relations Board, an order may forthwith be entered by 2 This sentence was inserted by the amendment to the stipulation quoted below. 684 NATIONAL LABOR RELATIONS BOARD said Board and by the; appropriate Circuit Court of Appeals, Providing as follows : 1. Respondent, Dartmouth Woolen Mills, Inc., will cease and desist : (a) From in any manner interfering with, restraining or coercing its employees in the exercise of their rights to self-or- -ganization, 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 bar- gaining or other mutual aid or protection as guaranteed in Sec- tion 7 of the National Labor Relations Act ; (b) From discouraging membership in the United Textile Workers of America, Local Union No. 2123, or in any other labor organization of its employees : by discharging, threatening, or refusing to reinstate any of its employees for joining United Textile Workers of America, Local Union No. 2123 or any other labor organization of its employees; (c) From in any other manner discriminating against any of its employees in regard to hire and tenure of employment or any term or conditions of employment for joining United Textile Workers of America, Local Union No. 2123 or any other labor organization of its employees; 2. Respondent, Dartmouth Woolen Mills, Inc. will take the following affirmative action to effectuate the policies of the Na- tional Labor Relations Act : (a) Offer Andrew Zarsky, Angelina Leblanc, Guy M. Bentley, Ada Lamirande, Omer Garneau, Allard Bedard, Mary Witkow- ski, Iva Lamiere, Eva Bedard, Telesphore Dubois, Victoria. Mackie (nee Pawlowski), Corrine Rushea, Edward Bentley, Arthur Garneau, Alex Companion, Anthony Leveille, Severine Leveille, Blanche Lessard, Freeda Companion, Eva Foisy, Phila- mena Marro, Edna Mussey, Cecilia Brody, Rita Arel (nee Belie), Rosilda Benoit, Agnes Sciborek, Mary Dandenault, Edmund La- voie, Rene Couture, Florence Houde, Bertha Houde, Ethel Thi- bodeau, Arthur Picard, Bertha Provencher, Romeo Lemieux, if it has not already done so, as provided above, immediate and full reinstatement to the positions which they held prior to the strike in March of 1936, without prejudice to seniority rights or any other rights and privileges previously enjoyed by them; and in the event that any of the positions held by any of the above named employees previous to the strike in March of 1936 are no longer in operation or existence, offer to such of the above named employees whose former positions are no longer in operation or- existence, immediate and full reinstatement without prejudice to seniority rights or any other rights and privileges previously DECISIONS AND ORDERS 685 enjoyed by them to positions similar and substantially equivalent to those positions held by such employees prior to the strike in March of 1936. (b) Pay immediately to the following employees the follow- ing amounts as back pay : Blanche Lessard ----------- $100 Florence Houde----------- $225 Rita Arel (nee Helie)------ $100 Bertha Houde ------------ $225 Rene Couture______________ $100 Arthur Picard ------------ $225 Bertha Provencher_________ $100 Eva Bedard -------------- $225 Romeo Lemieux ------------ $100 Corrine Rushea----------- $225 Alex Companion ----------- $100 Agnes Sciborek ------------ $200 Victoria Mackie (nee Paw- lowski)_________________ $225 Mary Dandenault---------- $200 Freeda Companion -------- $300 Andrew Zarsky ------------ $200 Philamena Marro_________ $300 Omer Garneau_____________ $200 Edna Mussey------------- $300 Iva Lamiere --------------- $200 Cecilia Brody ------------- $300 Anthony Leveille___________ $200 Rosilda Benoit ------------ $300 Severine Leveille___________ $200 Ethel Thibodeau---------- $300 Allard Bedard_____________ $S00 Arthur Garneau ---------- $300 Ada Lamirande____________ 8300 Edward Bentley ----------- $300 Guy M. Bentley ------------ $300 Telesphore Dubois -------- $300 Angelina Leblanc ----------- $300 Mary Witkowski ---------- $300 Eva Foisy ----------------- $225 Peter Delage ------------- $1, 000 Edmund Lavoie ------------ $225 (c) Post and keep visible in each department in the respond- ent's Claremont Plant in a prominent place for a period of thirty days after receipt copies of the order to be entered by the National Labor Relations Board to be made hereon. On February 17, 1938 the Board, the respondent and the United agreed to the following amendment to the stipulation : It is hereby stipulated by and between Dartmouth Woolen Mills, Inc., respondent herein, United Textile Workers of America, Local Union No. 2123, party herein, and the National Labor Relations Board that : 1. The stipulation entered into on February 16, 1938 by and between Dartmouth Woolen Mills, Inc., respondent herein, United Textile Workers of America, Local Union No. 2123, party herein, and the National Labor Relations Board be and hereby. is amended as follows : By inserting on page 5 of said stipula- tion 3 immediately following the words ". . . to positions similar and substantially equivalent to those positions held by said employees prior to the strike in March of 1936." the following : "XI Dartmouth Woolen Mills, Inc., respondent herein, will pay to the following employees the following amounts as back pay :" 8 See footnote 2, supra. 0 686 NATIONAL LABOR RELATIONS BOARD 2. This amendment to stipulation may be introduced in evi- dence, along with the before mentioned stipulation, third amended charge, amended complaint, notice of hearing and Rules and Regulations of the National Labor Relations Board by filing it with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. In accordance with the stipulation and the amendment to the stip- ulation, the following documents were introduced into evidence by being filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. on February 19, 1938: 1. Stipulation entered into between the parties (with extra copy) . 2. Amendment.to Stipulation entered into between the parties (with extra copy) : 3. Third Amended Charge in this matter. 4. Amended Complaint in this matter. 5. Copy .of the Rules and Regulations of the. National Labor Relations Board. ORDER On the basis of the above stipulation and amendment to the stipu lation and pursuant to Section 10 (c) of the National Labor Rela- tions Act, the National Labor Relations Board hereby orders that the respondent, Dartmouth Woolen Mills, Inc. and its officers, agents, successors and assigns shall: 1. Cease and desist : (a) From in any manner interfering with, restraining or coercing its 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 con- certed 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) From discouraging membership in the United Textile Work- ers of America, Local Union No. 2123, or in any other labor organi- zation of its employees by discharging, threatening, or refusing to reinstate any of its employees for joining United Textile Workers of America, Local Union No. 2123 or any other labor organization of its employees ; (c) From in any other manner discriminating against any of its employees in regard to hire and tenure of employment or any term or conditions of employment for joining United Textile Workers of America, Local Union No. 2123 or any other labor organization of its employees. 9 ° DECISIONS AND ORDERS 687 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer to Andrew Zarsky, Angelina Leblanc, Guy M. Bentley, Ada Lamirande, Omer Garneau, Allard Bedard, Mary Witkowski, Iva Lamiere, Eva Bedard, Telesphore Dubois, Victoria Mackie (nee Pawlowski), Corrine Rushea, Edward Bentley, Arthur Garneau, Alex Companion, Anthony Leveille, Severine Leveille, Blanche Les- sard, Freeda Companion, Eva Foisy, Philamena Marro, Edna Mus- sey, Cecilia Brody, Rita Arel (nee Helie), Rosilda Benoit, Agnes Sciborek, Mary Dandenault, Edmund Lavoie, Rene Couture, Florence Houde, Bertha _Houde, Ethel Thibodeau, Arthur Picard, Bertha Pro- vencher, Romeo Lemieux, if it has not already done so, as provided above, immediate and full reinstatement to the positions which they held prior to the strike in March of 1936, without prejudice to senior- ity rights or any other rights and privileges previously enjoyed by them ; and in the event that any of the positions held by, any of the above-named employees previous to the strike in March of 1936 are no longer in operation or existence, offer to such of the above-named employees whose former positions are no longer; in operation or ex- istence, immediate and full reinstatement without prejudice to senior- ity rights or any other rights and privileges previously enjoyed by them to positions similar and substantially equivalent to those posi- tions held by such employees prior to the strike in March of 1936; (b) Pay immediately to the following employees the following amounts as back pay : Blanche Lessard--------------- $100 Rita Arel (nee Helie)---------- $100 Rene Couture------------------ $100 Bertha Provencher------------- $100 Florence Houde---------------- $225 Bertha Houde----------------- $225 Arthur Picard ----------------- $225 Eva Bedard -------------------- $225 Romeo Lemieux --------------- $100 Corrine Rushea---------------- $225 Alex Companion --------------- $100 Victoria Mackie (nee Pawlow- Agnes Sciborek---------------- $200 Mary Dandenault-------------- $200 Andrew Zarsky---------------- $200 Omer Garneau----------------- $200 Iva Lamiere------------------- $200 Anthony Leveille--------------- $200 Severine Leveille--------------- $200 Allard Bedard----------------- $300 Ada Lamirande---------------- $300 Guy M. Bentley---------------- $300 Angelina Leblanc -------------- $300 Eva Foisy--------------------- $225 Peter Delage----------------- $1,000 Edmund Lavoie---------------- $225 (c) Post and keep visible in each department in the respondent's Claremont Plant in a prominent place for a period of thirty (30) days ski) ------------------------- $225 Freeda Companion----------- $300 Philamena Marro ------------ $300 Edna Mussey---------------- $300 Cecilia Brody ---------------- $300 Rosilda Benoit --------------- $300 Ethel Thibodeau------------- $300 Arthur Garneau ------------- $300 Edward Bentley ------------- $300 Telesphore Dubois ----------- $300 Mary Witkowski ------------- $300 688 NATIONAL LABOR RELATIONS BOARD after receipt copies of the order to be entered by the National Labor Relations Board to be made hereon. APPENDIX A Blanche Lessard Freeda Companion Eva Foisy Philamena Marro Edna Mussey Cecilia Brody Rita Arel (nee Helie) Rosilda Benoit Agnes Sciborek Mary Dandenault Edmund Lavoie Rene Couture Florence Houde Bertha Houde Ethel Thibodeau Arthur Picard Bertha Provencher Romeo Lemieux Andrew Zarsky Angelina Leblanc Peter Delage Guy M. Bentley Ada Lamirande Omer Garneau Allard Bedard Mary Witkowski Iva Lamiere Eva Bedard Telesphore Dubois Victoria Mackie (nee Pawlowski) Corrine Rushea Edward Bentley Arthur Garneau Alex Companion Anthony Leveille Severine Leveille