Gudebrod Bros. Silk Co., Inc.

In the Matter of GUDEBROD BROS. SILK COMPANY, INC. and TEXTILE WORKERS' ORGANIZING COMMITTEE Case No. 0-1016.-Decided November 25, 1938 Thread Manufacturing Industry-Settlement : stipulation providing for with- drawal of recognition of company-dominated union-Order: entered on stipu- lation. Mr. Jerome I. Macht, for the Board. Barnes, Biddle c6 Myers, by Mr. Philip Price, of Philadelphia, Pa., for the respondent. Mr. Paul H. Ammarell, of Reading, Pa., for the T. W. O. C. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers' Organizing Committee, herein called the T. W. O. C., the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint, dated October 24, 1938, against Gudebrod Bros. Silk Company, Inc., Stowe, Pennsylvania, 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 (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The com- plaint and notice of hearing thereon were duly served on the re- spondent and the T. W. O. C. The respondent did not file an answer to the complaint. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent dominated and interfered with the formation and administration of a labor organization among its employees known as Local No. 1, Independent Thread Workers Union, of Pottstown, Pennsylvania, herein called the Independent, and that the respondent contributed financial and other support to the Independent; and that the respondent, by the aforesaid ac- 9 N. L. R . B., No. 108. 1195 1196 NATIONAL LABOR RELATIONS BOARD tivity, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On October 25, 1938, the respondent, the T. W. O. C., and counsel for the Board entered into a stipulation in settlement of the case. On October 31,.1938, the Board issued its order designating George 0. Pratt as the Trial Examiner in the case. On the same date, the stipulation, the charge, the amended charge, the complaint and notice of hearing 'thereon, and National Labor Relations Board Rules and Regulations-Series 1, as amended, were filed with George O. Pratt pursuant to the terms of the stipulation and thereby became part of the record in the case. Also on the same date, the Trial Examiner issued his order, marking these formal papers as Board Exhibit No. 1, and also marking as exhibits letters and telegrams from the parties to the above-mentioned stipulation consenting to the making of a technical correction in the wording of the stipulation. The above-mentioned stipulation in settlement of the case provides as follows : It is hereby stipulated by and between Gudebrod Bros. Silk Company; Inc., respondent herein; Textile Workers' Organizing Committee, a party herein; and Jerome I. Macht, attorney for the National Labor Relations Board, that : I. Upon charges duly filed by the Textile Workers' Organiz- ing Committee, the National Labor Relations Board, by the Regional Director for the Fourth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Re- lations Act (49 Stat. 449) and its Rules and Regulations, Series 1, as amended, Article IV, Section 1, issued its complaint on the 24th day of October, 1938, against the Gudebrod Bros. Silk Company, Inc., respondent herein. II. Respondent, Gudebrod Bros. Silk Company, Inc., is and has been since in or about December 1925, a corporation organized and existing by virtue of the laws of the State of Pennsylvania, having its principal office in the City of Philadelphia, State of Pennsylvania, and a plant in the City of Stowe, State of Pennsyl- vania, and is now and has continuously been engaged at its plant in the City of Stowe, State of Pennsylvania, (hereinafter called the Stowe plant) in the manufacture, sale and distribution of silk and cotton thread. III. The respondent, Gudebrod Bros. Silk Company, Inc., in the course and conduct of its business at its Stowe plant uses, among other things, the following materials, supplies, or commodities : raw silk and cotton yarn; and acquires 100 percent of these materials in states of the United States other than the State of Pennsylvania, and from foreign countries, and in the course and conduct of its business causes and has continu- DECISIONS AND ORDERS 1197 ously caused 100 percent of its raw materials to be transported in interstate commerce from and through states of the United States other than the State of Pennsylvania, and from and through foreign countries, to its Stowe plant, in the State of Pennsylvania, and there these raw materials are manufactured by the respondent into the products enumerated in paragraph II above. IV. The respondent, Gudebrod Bros. Silk Company, Inc., manu- factures the products set forth above in paragraph II at the Stowe plant and causes and has continuously caused approxi- mately 71 percent of these products produced by it to be sold and transported in interstate commerce from its Stowe plant to, into and through states of the United States other than the State of Pennsylvania. The total amount of products manufactured, sold and distributed by the respondent at its Stowe plant for the fiscal year 1937 was $636,190, or in tonnage, 173,516 pounds. V. Respondent, Gudebrod Bros. Silk Company, Inc., is en- gaged in interstate commerce within the meaning of the Na- tional Labor Relations Act, and the decisions of the United States Supreme Court therein. VI. The respondent, Gudebrod Bros. Silk Company, Inc., in the course and conduct of its business at its Stowe plant, as above set forth, employs approximately 160 employees. The payroll for the last fiscal year amounted to $151,821. VII. This stipulation, together with the charge, amended charge, complaint, notice of hearing, and Rules and Regulations of the National Labor Relations Board may be introduced as evidence by filing them with the Trial Examiner of the National Labor Relations Board designated by said Board to conduct a hearing herein. VIII. The taking of further testimony or evidence before the Examiner in this matter and the making of findings of facts and conclusions by the Board pursuant to the provisions of the Na- tional Labor Relations Act, are hereby expressly waived by the respondent herein. IX. Upon this stipulation, if approved by the National Labor Relations Board, and upon the record an order may forthwith be entered by said Board and by the appropriate United States Circuit Court of Appeals, without further notice of the applica- tion for enforcement thereof, providing as follows : The respondent, Gudebrod Bros. Silk Company, 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- 1198 NATIONAL LABOR RELATIONS BOARD organization, to form, join, or assist labor organizations, to bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) from discouraging membership in Textile Workers' Or- ganizing Committee, affiliated with the Committee for Indus- trial Organization, or any other labor organization of its employees, or encouraging membership in Local No. 1, Independ- ent Thread Workers Union, or any other labor organization of its employees; by discriminating against employees in regard to hire or tenure of employment or any condition of employment or in any other manner; (c) from in any manner dominating or interfering with the administration of Local No. 1, Independent Thread Workers Union, with the formation or administration of any other labor organization of its employees, or from contributing aid or sup- port to said organization; from recognizing or dealing in any manner with Local No. 1, Independent Thread Workers Union, or any successor thereto, or any group that purports to represent said organization; or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment; (d) from giving effect to its contract with Local No. 1, Inde- pendent Thread Workers Union ; 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) withdraw all recognition from Local No. 1, Independent Thread Workers Union as the representative of its employees, or any of them, for the purpose of dealing with respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and so disestab- lish said Local No. 1, Independent Thread Workers Union as the representative of its employees; (b) inform each and every one of its employees that the con- tract entered into on or about June 2, 1938, and all other agree- ments with Local No. 1, independent Thread Workers Union are null and void, and that the respondent will discontinue said agree- ments and will desist in any manner from giving effect to said agreements; (c) inform in writing the officers of Local No. 1, Independent Thread Workers Union that respondent will not in any manner deal with or recognize Local No. 1, Independent Thread Workers Union ; DECISIONS AND ORDERS 1199 (d) inform all of its officials and agents, including the vice president and plant manager, foremen, foreladies and other super- visory employees that they shall not threaten employees in any manner because of their membership in any labor organization in general, or the Textile Workers' Organizing Committee in particular; (e) post and keep visible in a prominent place in each depart- ment of respondent's Stowe plant for a period of thirty (30) days after receipt, copies of the order entered by the National Labor Relations Board, and notices stating that the respondent will cease and desist in the manner aforesaid, and respondent will take the affirmative action as aforesaid; (f) notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing order within thirty (30) days from the date of its entry by the Board. X. It is understood that the rates of pay and hours of work now existing in the plant of the respondent shall not now be changed by virtue of this stipulation. XI. It is stipulated and agreed that the appropriate United States Circuit Court of Appeals may, upon application of the National Labor Relations Board, enter a decree enforcing the aforesaid order of the Board, respondents hereby expressly waiv- ing their rights to contest the entry of such decree in the appro- priate United States Circuit Court of Appeals, and, further, ex- pressly waiving their rights to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a decree. XII. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On November 3, 1938, the Board issued its order approving the above stipulation, making it part of the record, and transferring pro- ceedings to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF,THE RESPONDENT The respondent, a Pennsylvania corporation , is engaged in the manufacture, sale, and distribution of silk and cotton thread , with its principal office at Philadelphia , Pennsylvania, and a plant at Stowe, Pennsylvania . All of the respondent's raw materials , consisting of raw silk and cotton yarn, are shipped to its plant from points outside the State of Pennsylvania . During the fiscal year 1937, the respond- 1200 NATIONAL LABOR HLLA TION S, BOARD ent manufactured, sold, and distributed finished products amount- ing in value to $636,190, of which about 71 per cent were shipped to points outside the State of Pennsylvania. We find that the above-described operations constitute a continuous 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 Na- tional Labor Relations Act, the National Labor Relations Board here- by orders that the respondent, Gudebrod Bros. Silk Company, Inc., Stowe, Pennsylvania , 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 rights to self-organization , to form, join, or assist labor organizations , to bargain collectively through rep- resentatives of their own choosing , and to engage in concerted activi- ties 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 Textile Workers' Organizing Com- mittee, affiliated with the Committee for Industrial Organization, or any other labor organization of its employees , or encouraging mem- bership in Local No. 1, Independent Thread Workers Union, or any other labor organization of its employees ; by discriminating against employees in regard to hire or tenure of employment or any condition of employment or in any other manner ; (c) In any manner dominating or interfering with the administra- tion of Local No . 1, Independent Thread Workers Union , with the formation or administration of any other labor organization of its employees, or from contributing aid or support to the said organiza- tion ; from recognizing or dealing in any manner with Local No. 1, Independent Thread Workers Union, or any successor thereto, or any group that purports to represent said organization; or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of col- lective bargaining respecting any of the terms or conditions of employment; (d) Giving effect to its contract with Local No. 1, Independent Thread Workers Union. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from Local No. 1, Independent Thread Workers Union as the representative of its employees , or any of DECISIONS AND ORDERS 1201 them, for the purpose of dealing with respondent concerning griev- ances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and so disestablish said Local No. 1, Independent Thread Workers Union, as the representative of its employees; (b) Inform each and every one of its employees that the contract entered into on or about June 2, 1938, and all other agreements with Local No. 1, Independent Thread Workers Union, are null and void, and that the respondent will discontinue said agreements and will desist in any manner from giving effect to said agreements; (c) Inform in writnig the officers of Local No. 1, Independent Thread Workers Union, that the respondent will not in any manner deal with or recognize Local No. 1, Independent Thread Workers Union ; (d) Inform all of its officials and agents, including the vice presi- dent and plant manager, foremen, foreladies and other' supervisory employees that they shall not threaten employees in any manner be- cause of their membership in any labor organization in general, or the Textile Workers' Organizing Committee in particular; (e) Post and keep visible in a prominent place in each department of the respondent's Stowe plant for a period of thirty (30) days after receipt, copies of this order, and notices stating that the respondent will cease and desist in the manner aforesaid, and that the respondent will take the affirmative action as aforesaid; (f) Notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing order within thirty (30) days from the date of its entry by the Board.