Argonne Worstead Co.

in the Matter of ARGONNE WORSTED COMPANY and INDEPENDENT TEXTILE UNION OF AMERICA Case No. C-978.-Decided November;16, 1938 Woolen Textile Industry-Settlement : stipulation providing for back pay- Order: entered on stipulation. Mr. Benjamin E. Gordon, for the Board. Hogan cfi Hogan, by Mr. Edward T. Hogan, and Mr. Laurence J. Hogan, of Providence, R. I., for the respondent. Mr. Joseph Schmetz, for the Union. Mr. Richard Salant, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges "and amended charges duly filed by Independent Textile Union of America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the First Region (Boston, Massachusetts), issued its complaint, dated September 15, 1938, against Argonne Worsted` ,Company, Woonsocket, Rhode Island, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section -8 (1) and (3) and Section 2 (6) and (7) of the National' Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing were duly served upon the respondent and the Union. In respect to the unfair labor practices, the complaint alleged- -in substance (1) that the Union had engaged in a strike against the Lafayette Worsted Company on or about September 4, 1936; (2) -that on or about September 28, 1936, the respondent became suc- cessor in part to the Lafayette Worsted Company and assumed the 'obligations of the said Lafayette Worsted Company with respect to the employees named in the complaint; (3) that on or about October 1, 1936, the Union ceased its strike against the respondent, relying on an agreement entered into between the respondent and a conciliator ,of the United States Department of Labor, which agreement was 9 N. L. R. B.. No. 84. 900 DECISIONS AND ORDERS 901, to the effect that the respondent, in beginning and continuing opera- tions, before hiring any other employees, would reinstate, hire, or give employment to all former employees of the Lafayette Worsted Company who were not hired by 'the said Lafayette Worsted Spinning Company on resumption of operations on or about October 1, 1936; (4) that on or about October 1, 1936, and at all times since, the respondent refused to reinstate 34 named employees for the rea- son that, they were members of the, Union; had'=been active in the strike, and had,"erigaged`-in concerted activities for their mutual aid and protection; and (5) that the respondent, by the aforesaid acts, and by other acts, interfered with, restrained, and coerced its em- ployees in the exercise of their rights guaranteed in Section 7 of the Act. On September 26, 1938, the respondent filed an answer denying that it had engaged in the unfair labor practices as alleged in the complaint. At the same time, the respondent filed a motion for a. bill of particulars. On September 24, 1938, the Regional Director notified the respond- ent and the Union that the hearing was postponed from September 26,,1938, to September 29, 1938. On September 26, 1938, the respond- ent filed a motion for a continuance of the hearing because of diffi- culties in the preparation of its defense caused by a hurricane in Rhode Island on September 21, 1938. On September 27, 1938, the Regional Director notified the respondent and the Union that the hearing was continued to October 13, 1938. On September 29, 1938, the Union filed second amended charges, and on October 4, 1938, an amendment to the complaint was served on the respondent and the Union. The amendment added the name of one employee alleged to, have been discriminatorily refused em- ployment under the circumstances described above. The amend- ment also substituted the name Lafayette Worsted Company for Lafayette Worsted Spinning Company. No further answer was filed and at the opening of the hearing the parties agreed that the original answer was to serve as an answer both to the original complaint and the amendment to the complaint. Pursuant to notice, hearings were held on October 13 and 14, 1938, at Woonsocket, Rhode Island, before I. L. Broadwin, the Trial Examiner duly designated by the Board. The Board and the re- spondent were represented by counsel and participated in the• hear- ing. , The Union was represented by Joseph, Schmetz, its president. At the opening of the hearing, the Trial Examiner denied the respondent's motion for a bill of particulars. Counsel for the Board had previously voluntarily furnished the respondent certain infor- mation requested, but counsel for the Board, stated that the informa- tion given had "no relation"'to the motion for bill of particulars. 902 NATIONAL LABOR RELATIONS BOARD On October 14, upon the respondent's motion, the hearings were adjourned until October 18, 1938. On October 18, the hearing re- convened and the respondent, the Union, and counsel for the Board entered into a stipulation setting forth the facts concerning the nature and scope of respondent's business and the terms of a con- sent order which the Board could enter in the case upon its approval of the stipulation. This stipulation was received in evidence without objection and` the hearing was closed;` subject. to being reopened, in the event that the Board did, not approve. the stipulation. Full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all the parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission, of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The above-mentioned stipulation provides as follows : It is hereby stipulqted,,'by - and. between Argonne Worsted Company, respondent herein, Independent Textile Union of America, and Benjamin E. Gordon, Attorney, National Labor Relations Board, that: 1. Upon charge as amended duly filed by the Independent Textile Union of America, hereinafter referred to as- the union, the National Labor Relations Board by A. Howard Myers, Re- gional ,Director for the First Region, (Boston, Massachusetts), acting pursuant to authority granted in Section 10 ' (b)'-of 'the National Labor Relations Act, 49 Stat. 449, approved July 5, 1935, and acting pursuant to its Rules and Regulations, Series 1, as amended, Article IV, Section 1, issued its Complaint and Notice of Hearing on September 15, 1938, against the Argonne Worsted' Company, hereinafter referred to as the respondent, respondent herein. ' II. The charge as amended, complaint and notice of hearing thereon, and copy of the National Labor Relations Board Rules and Regulations, Series 1, as amended, were duly served upon the respondent and upon the union on September 16, 1938, said hearing being scheduled for September 26, 1938, 10 A. M., in Common Council Chambers, City Hall, Woonsocket, Rhode Island. Notice of postponement of hearing from September 26, 1938 to September 29, 1938, at the same time and place as origi- nally scheduled, was duly served upon the respondent and upon the union on September 26, 1938. Thereafter, uporimotion duly filed by respondent on September 26, 1938 to continue the hear- ing, the Board through its Regional Director for the First Re- DECISIONS AND ORDERS 903 gion issued its notice of continuance of hearing to October 13, 1938, at the same time and place as originally scheduled, which was duly served upon the respondent and upon the union on September 28, 1938. The Union, on October 1, 1938, filed its second amended charge in the matter. The Board, through its Regional Director for the First Region, issued its Amendment to Complaint on October 4, 1938, and a copy of the said Amendment to Complaint together with copy of the second amended charge was duly served upon the respondent and upon the union on October 5, 1938. III. Respondent is and has been since September 28, 1936, a corporation organized under and existing by virtue of the laws of the State of Rhode Island and Providence Plantations, and is now and has continuously been engaged at a place of business at 148 Hamlet Avenue, City of Woonsocket, County of Providence, State of Rhode Island and Providence Plantations, hereinafter referred to as the Plant, in the manufacture, sale and distribu- tion of worsted yarns and wool tops; likewise the processing of wool for accounts of customers upon a commission basis. IV. Respondent, in the course and conduct of its operations at the Plant, causes and has continuously caused approximately all of the raw and other materials used in the manufacture of its products at the Plant to be purchased and transported in interstate and foreign commerce from and through states of the United States other than the State of Rhode Island and Provi- dence Plantations, and foreign countries, to the Plant in the State of Rhode Island and Providence Plantations, and causes and has continuously caused approximately seventy per cent (70%) of the worsted yarns and wool tops manufactured by it at the Plant to be sold and transported into and through states of the United States other than the State of Rhode Island and Providence Plantations. Respondent's output (a) in terms of dollars is- (1) Worsted yarns, approximately between $60,000 and $70,000 per month; - (2) Wool tops, approximately $20,000 per month; (b) in terms of bulk is- (1) Approximately 10,000 pounds of worsted yarn per week ; - (2) Approximately 45,000 pounds of wool tops per week. V. Respondent, Argonne Worsted Company, is engaged in in- terstate commerce within the meaning of the National Labor Relations Act. - - - - -904 NATIONAL LABOR RELATIONS BOARD VI. Respondent, in the normal course and conduct of its busi- ness at the Plant, employs approximately four hundred (400) employees who are engaged in production. VII. Independent Textile Union of America is a labor or- ganization within the meaning of the National Labor Relations Act. VIII. It is further stipulated that upon the pleadings, testi- mony, record, and upon this stipulation, if approved by the Na- tional Labor Relations Board, an Order may forthwith be entered by said Board and by the appropriate Circuit Court of Appeals if the Board desires to make application thereto, providing as follows : 1. Respondent, its officers, agents, successors and assigns, will 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 purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the Independent Textile Union of America, or any other labor organization of its em- ployees by discrimination in regard to hire or tenure of em- ployment or any term or condition of employment. 2. Respondent, its officers, agents, successors and assigns, will take the following affirmative action to effectuate the policies of the Act : (a) Pay the sum of $9,000 to be distributed by respondent or its duly authorized counsel, to the following persons in the amounts provided below : Michael Dolinski----------------------------------- $250.00 Oliver Plasse -------------------------------------- 200.00 Ronald Bibeault ----------------------------------- 200.00 Rene Trinque-------------------------------------- 100.00 Edgar Bruneau------------------------------------ 225.00 Norbert Bruneau----------------------------------- 275.00 Conrad Bibeault----------------------------------- 250.00 Ovila Gregoire------------------------------------- 125.00 Leo Gregoire-------------------- ------------------ 125.00 Albert Masse -------------------------------------- 100 00 Aram Masse--------------------------------------- 125.00 Andre Morneau------------------------------------ 325.00 Donat Gladu--------------------------------------- 200.00 Yvette Laplume------------------------------------ 650.00 Lucien Trinque------------------------------------- 250.00 Alphonse Robidoux--------------------------------- 275.00 DECISIONS AND ORDERS William Rainville----------------------------------- $ 275. 00 905 Edmond Rondeau ---------------------------------- 100.00 Dieudonne Bibeault -------------------------------- 385.00 Marie Cousineau----------------------------------- 550.00 Alfred Pelletier------------------------------------ 250.00 Lucille Lavellier ----------------------------------- 100.00 Edgar Charpentier--------------------------------- 450.00 Alfred Mandville----------------------------------- 50. 00 Ella Caron---------------------------------------- 100.00 Anselm Hamelin----------------------------------- 200.00 Gerald Beaulieu ----------------------------------- 650.00 Urgel Riquier-------------------------------------- 950. 00 Nick Lupu----------------------------------------- 275.00 Dianna Beaulieu----------------------------------- 125 00 Olivette Barras ------------------------------------ 440.00 Doria Messier-------- --------- -------------------- 50.00 Pierre Grenier------------------------------------- 200.00 Charles Gilbert ------------------------------------ 125.00 Laurianne Sarrasin -------------------------------- 50. 00 (b) Respondent shall post Notices at its Plant embodying the terms and provisions of the Order, such notices to remain posted in conspicuous places in the Plant for a period of thirty (30) days. IX. It is further agreed that this stipulation shall be null and void and of no effect in the event the National Labor Relations Board does not approve this stipulation and does not enter an Order based upon the terms and provisions of the said stipula- tion, and that in the event the Board does not approve the stipu- lation and issue an Order based upon the terms and provisions of the said stipulation the hearing shall be reconvened and all parties shall have full and complete opportunity to introduce such testimony as they desire, within the issues as framed. X. The issuance of an Order based upon the terms and pro- visions of this stipulation shall constitute a complete determina- tion of all the issues raised by the pleadings in this proceeding. XI. It is further agreed that respondent will abide by this stipulation and any Order thereon which may be issued by the National Labor Relations Board or the appropriate Circuit Court of Appeals if application is made thereto by the National Labor Relations Board. Respondent waives its right to contest the entry of any such decree and its right to receive notice of the filing of an application for the entry of such decree, in the form set forth above. On October 21, 1938, pursuant to Section 37 of Article II of National Labor Relations Board Rules and Regulations-Series 1, as amended, the Board issued its order approving the stipulation and transferring the proceeding to the Board, for the purpose of entry of 906 NATIONAL LABOR RELATIONS BOARD a decision and order by the Board -pursuant to said stipulation. By order of the -Board the stipulation was made part of the record of the case. Upon the entire record of the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF TILE RESPONDENT The respondent is a Rhode Island corporation doing business in Woonsocket, Rhode Island. It is engaged in the manufacture, sale and distribution of worsted yarns and wool tops and in the processing of wool for accounts of customers on a commission basis. It obtains practically all its raw materials from sources outside of the State of Rhode Island. The principal sources of supply of its raw materials are Texas, Oregon, and Massachusetts. The principal sources of supply of the equipment and machinery used by the respondent in its business are France and Massachusetts. The respondent's monthly output of worsted yarns is approximately between $60,000 and $70,000, while the monthly output of wool tops is approximately $20,000. In items of bulk, its output is approximately 10,000 pounds of worsted yarn per week and 45,000 pounds of wool tops per week. Seventy per cent of this output is shipped to points outside the State of Rhode Island. 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, the 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 Argonne Worsted Company, Woonsocket, Rhode Island, and its officers, 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) Discouraging membership in Independent Textile Union of America, or any other labor organization of its employees by dis- criminating in regard to hire or tenure of employment or any term or condition of employment. DECISIONS AND ORDERS 907 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Pay the sum of $9,000 to be distributed by respondent or its duly authorized counsel, to the following persons in the amounts provided below : Michael Dolinski---------------------------------------- $250.00 Oliver Plasse-------------------------------------------- 200.00 Ronald Bibeault----------------------------------------- 200.00 Rene Trinque------------------------------------------- 100.00 Edgar Bruneau ----------------------------------------- 225.00 Norbert Bruncau---------------------------------------- 275.00 Conrad Bibeault---------------------------------------- 250.00 Ovila Gregoire------------------------------------------ 125.00 Leo Gregoire-------------------------------------------- 125.00 Albert Masse------------------------------------------- 100.00 Aram Masse-------------------------------------------- 125.00 Andre Morneau----------------------------------------- 325 00 Donat Gladu------------------------------------------- 200.00 Yvette Laplume_________________________________________ 650.00 Lucien Trinque------------------------------------------ 250.00 Alphonse Robidoux-------------------------------------- 275.00 William Rainville--------------------------------------- 275.00 Edmond Rondeau--------------------------------------- 100.00 Dieudonne Bibeault------------------------------------- 385.00 Marie Cousineau---------------------------------------- 550.00 Alfred Pelletier---------------------------------------- 250.00 Lucille Lavellier---------------------------------------- 100.00 Edgar Charpentier-------------------------------------- 450.00 Alfred Mandville---------------------------------------- 50.00 Ella Caron--------------------------------------------- 100.00 Anselm Hamelin---------------------------------------- 200.00 Gerald Beaulieu---------------------------------------- 650.00 Urgel Riquier------------------------------------------- 950.00 Nick Lupu---------------------------------------------- 275.00 Dianna Beaulieu---------------------------------------- 125.00 Olivette Barras----------------------------------------- 440.00 Doria Messier------------------------------------------ 50.00 Pierre Grenier------------------------------------------ 200.00 Charles Gilbert----------------------------------------- 125.00 Laurianne Sarrasin------------------------------------- 50.00 (b) Post notices at its plant embodying the terms and provisions of the Order, such notices to remain posted in conspicuous places in the plant for a period of thirty (30) days.