Bogart Industries, Inc.

BOGART INDUSTRIES, INC. 515 Bogart Industries, Inc., and International Ladies' Garment Workers' Union, Texas District Council. Cases 16-CA-3938 and 16-CA-4124 November 21, 1973 SUPPLEMENTAL DECISION AND AMENDED ORDER BY CHAIRMAN MILLER AND' MEMBERS JENKINS AND KENNEDY On April 7, 1972, the National Labor Relations Board issued its Decision and Order2 in this proceeding. In agreement with the Trial Examiner,3 the Board found that Respondent had violated Section 8(a)(1) of the Act by employee interroga- tions, threat of plant closure, and other conduct specified by the Trial Examiner, and had violated Section 8(a)(5) and (1) by refusing to bargain with the Union. However, contrary to the Trial Examiner, a majority of the Board4 found that Respondent's discharge of 10 employees was not violative of Section 8(a)(3) and (1). Thereafter, on September 6, 1973, the United States Court of Appeals for the Fifth Circuit issued its opinions finding that two of Respondent's employees-Lorene Phelps and Gertrude Evans -had been discriminatorily discharged in violation of Section 8(a)(3) and (1) of the Act. In all other respects, the court found that the Board's findings were supported by substantial record evidence. Accordingly, the court remanded the matter to the Board for modification of the Board's Order so as to encompass the 8(a)(3) and (1) violations which the Trial Examiner had found with respect to the discharge of these two employees. We have accepted the court's remand, and accept the court's findings of fact and conclusions of law. Accordingly, we find that Respondent's discharges of employees Phelps and Evans were discriminatorily motivated and, thereby, violative of Section 8(a)(3) and (1) of the Act. AMENDED REMEDY Pursuant to remand by the United States Court of Appeals for the Fifth Circuit, we hereby substitute the following for our original Order of April 7, 1972: Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Trial Examiner, as modified below, and hereby orders that Respondent, Bogart Indus- tries, Inc., Fort Worth, Texas, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's recommended Order, as so modified: 1. Delete from paragraph 2(a) the names of all employees, except those of Lorene Phelps and Gertrude Evans. _2. Substitute the attached Appendix for the Trial Examiner's Appendix. IT IS FURTHER ORDERED that the complaint herein be, and it hereby is, dismissed insofar as it, alleges that Respondent violated Section 8(a)(3) and (1) by discharging Vola Barrington, Lucy Kincannon, Joyce Elkins, Almeda Bruce, Felipa Gamez, Mary Turpin, Mae Bell Washington, and Florence Mor- gan. ' The name of Respondent is amended in conformance with the Board's Order of June 29, 1972. The designation "Bogart Sportswear Mfg. Co., Inc." was used in the Board's original Decision and Order herein 2 196 NLRB 189. 3 The title of "Trial Examiner" was changed to "Administrative Law Judge" effective August 19, 1972 4 Member Jenkins dissenting. 5 N.LB.B. v Bogart Sportswear Manufacturing Company, Inc, 485 F.2d 1203 (C.A. 5, 1973). APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government We hereby notify our employees that: WE WILL NOT unlawfully interrogate employees as to their union activities. WE WILL NOT inform employees that supervi- sors can no longer assist or help them because they wear a union badge. WE WILL NOT threaten employees with plant closure because of their union activity. WE WILL NOT discharge or in any other manner discriminate against employees for engaging in union or other protected concerted activities. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their rights to self-organization, to form, join or assist International Ladies' Garment Workers' Union, Texas District Council, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection or to refrain from all such activities. WE WILL offer Lorene Phelps and Gertrude Evans immediate and full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent jobs without prejudice to their seniority or former rights and privileges, and 207 NLRB No. 82 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL make them whole for any loss of earnings they may have suffered as a result of our discrimination against them. WE WILL, upon request, bargain collectively with International Ladies' Garment Workers' Union, Texas District Council, as the collective- bargaining representative of all our employees in the certified unit.' All our employees are free to become or remain, or to refrain from becoming or remaining, members in good standing of the above-named Union, or any other labor organization. Dated By (Representative) (Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's Office, Room 8A24, Federal Office Building, 819 Taylor Street, Fort Worth, Texas 76102, Tele- phone 817-334-2921. BOGART INDUSTRIES, INC. (Employer)