Forest City Manufacturing Company

In the Matter of FOREST CITY MANUFACTURING COMPANY and INTERNATIONAL LADIES' GARMENT WORKERS' UNION Case No. C-1231.-Decided April 2 ,1939 Ladies Garment Manufacturing Industry-Settlement : stipulation providing for compliance with Act, including reinstatement without back pay as to ten employees-Order: entered on stipulation-Complaint: dismissed as to ten persons. Mr. Thurlow Smoot, for the Board. Mr. Hyman G. Stein and Mr. Philip Gallop, both of St. Louis, Mo., for the respondent. Miss Jane Walker Palmer, of Kansas City, Mo., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Ladies' Garment Workers' Union, herein called the Union, the Na- tional Labor Relations Board, herein called the Board, by the Regional Director for the Fourteenth Region (St. Louis, Missouri), issued its complaint, dated February 13, 1939, against Forest City Manufac- turing Company, St. Louis, Missouri, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sec- tion 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint and notice of hearing thereon were duly served on the respondent and on the Union. On February 18, 1939, the respondent filed its answer to the complaint in which it admitted the allegations concerning its corporate structure, but denied the allegations con- cerning the nature of its business and the allegations concerning the unfair labor practices. On the same date, the respondent also filed a motion to dismiss the complaint upon the grounds that the Board did not have jurisdiction over the respondent and that the Act itself was unconstitutional. 12 N. L. R. B., No. 52. 442 FOREST CITY MANUFACTURING COMPANY 443 Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent terminated the employment of and refused to reinstate 20 named employees because they were members of and were active in behalf of the Union, and because they engaged in concerted activities with other employees of the respondent for their mutual aid and protection; that the respondent required, as a condi- tion of employment, that all its employees agree not to join the Union; that the respondent had used spies and under-cover agents to report to the respondent concerning activities of its employees in and on behalf of the Union; that the respondent, by the afore-mentioned activities, and by urging, persuading and threatening its employees to abandon the Union, making derogatory remarks about labor unions, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Pursuant to notice, a hearing was held on- February 23, 24, 27, 28, and March 1, 2, 3, 6, 7, 8, 13, 14, 15, 17, 20, 21, 22, and 27, 1939, at St. Louis, Missouri, before Horace A. Ruckel, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board participated in the hearing and were represented by counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On March 27, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : STIPULATION Whereas, the National Labor Relations Board issued a com- plaint on February 13, 1939, based upon charges made by the International Ladies' Garment Workers' Union that the Forest City Manufacturing Company, 1627 Washington Avenue, St. Louis, Missouri, has engaged in and is engaging in certain unfair labor practices affecting commerce, which practices are more par- ticularly described in said complaint ; and Whereas, said Forest City Manufacturing Company, herein- after referred to as the Respondent, has filed an answer to said complaint denying the charges against it therein contained; and Whereas, a hearing upon the pleadings has commenced, some testimony has been taken and evidence submitted, and said pro- ceedings are now pending before Horace A. Ruckel, a trial exam- iner, duly appointed and authorized for that purpose; and Whereas, the parties to said proceedings desire to adjust and settle the matters in difference and in issue among themselves in accordance with the provisions of this stipulation; 444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Therefore, it is hereby stipulated and agreed by and between the Forest City Manufacturing Company, the International Ladies' Garment Workers' Union, and Thurlow Smoot, Attorney, National Labor Relations Board, that : I. The stipulation heretofore entered into by the parties hereto regarding the business operations of the Respondent, being pages 62 to 70, inclusive, of the record, and the testimony of Simon Spitzer, being pages 18 to 20, inclusive, of the record, regarding the business operations of the Respondent, are hereby made a part thereof. II. The Respondent and the Union hereby waive the right to continuation of the hearing herein and to the making of findings of fact and conclusions of law in this proceeding by the National Labor Relations Board. III. The Respondent, having been charged with the commission of certain unfair labor practices in a complaint of the National Labor Relations Board dated February 13, 1939, in the above- entitled matter, specifically denies that it has been guilty of any of the unfair labor practices therein charged and in all ways affirms its answer to the above-entitled complaint. And, it is further understood by all parties that nothing herein shall be construed as a finding, or as authorizing a finding, that Respond- ent has engaged in any unfair labor practices or in any violation of the National Labor Relations Act, and it is understood by all parties that the following order does not carry the implications that Respondent has engaged in any of the acts covered in said order, said order being contained herein merely to meet certain formal legal requirements of the National Labor Relations Board. 1. Respondent agrees that the National Labor Relations Board may enter an order in the following form : A. That the Respondent shall cease and desist from keeping officers and members of the International Ladies' Garment Work- ers' Union under surveillance, and from keeping Respondent's employees under surveillance concerning their union activities or affiliation. B. That the Respondent shall take the following affirmative action to effectuate the policies of the Act. 1. Will call back to work immediately without back pay Blanche Grayson, Madge Lloyd, Grace Painter, Irma Rupprecht, Lena Sperina, Louis Cattani, Katie Bangert, Hattie Ogle, Mar- cella Perfetti, and Emma Neathery. 2. Will post notices in conspicuous places about its plant in St. Louis, Missouri, and its plant in Collinsville, Illinois, said FOREST CITY MANUFACTURING COMPANY 445 notices to remain posted for a period of (-) days, said notices to state : (a) That Forest City Manufacturing Company will not: 1. In any manner interfere with, restrain, or coerce its 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 and other mutual aid or protection ; 2. Discourage membership in the International Ladies' Gar- ment Workers' Union by discrimination in regard to hire and tenure of employment or any term or condition of employment. 3. Notify the Regional Director for the Fourteenth Region within ten (10) days from the date it is notified by the Regional Director that this stipulation has been approved by the National Labor Relations Board, what steps it has taken to comply herewith. IV. The complaint is herewith dismissed with prejudice as to Verna Grayson, Ola Grayson, Mary Frances Herbeck; Jennie Pryzgoda, Luvona Thomas, Dorothy Wines, Clara Rauscher, Kathlyn Betts, and Katherine Potter. On March 29, 1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Forest City Manufacturing Company, a Missouri corporation is engaged in the manufacture, sale, and distribution of ladies', misses' and junior frocks and dresses. It owns and operates two plants, one located in St. Louis, Missouri, and the other in Collinsville, Illinois. The principal raw materials used by the respondent during the year 1938 were piece goods, trimmings, thread, pins, boxes, and labels, which cost $1,288,425. Over 95 per cent of these materials were pur- chased from points outside the State of Missouri. During the year 1938 the respondent sold 101,204 dozens of finished dresses of a total value of $3,534,195. All but about $200,000 worth were shipped to points outside the State of Missouri. The respondent employs about 832 workers in its St. Louis and Collinsville plants. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 the Forest City Manufacturing Company, St. Louis, Missouri, shall : A. Cease and desist from keeping officers and members of the Inter- national Ladies' Garment Workers' Union under surveillance, and keeping its employees under surveillance concerning their union ac- tivities or affiliation. B. Take the following affirmative action which the Board finds will effectuate the policies of the Act : 1. Call back to work immediately without back pay Blanche Gray- son, Madge Lloyd, Grace Painter, Irma Rupprecht, Lena Sperina, Louise Cattani, Katie Bangert, Hattie Ogle, Marcella Perfetti, and Emma Neathery. 2. Post notices in conspicuous places about its plant in St. Louis, Missouri, and its plant in Collinsville, Illinois, said notices to remain posted for a period of thirty (30) consecutive days, said notices to state : (a) That Forest City Manufacturing Company will not : 1. In any manner interfere with, restrain, or coerce its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representa- tives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection ; 2. Discourage membership in the International Ladies' Garment Workers' Union by discrimination in regard to hire and tenure of employment or any term or condition of employment. 3. Notify the Regional Director for the Fourteenth Region within ten (10) days from the date it is notified by the Regional Director that this stipulation has been approved by the National Labor Rela- tions Board, what steps it has taken to comply herewith. The complaint is herewith dismissed with prejudice as to Verna Grayson, Ola Grayson, Mary Frances Herbeck, Jennie Pryzgoda, Luvona Thomas, Dorothy Wines, Clara Rauscher, Kathlyn Betts, and Katherine Potter. IT Is FURTHER ORDERED that the complaint be, and the same hereby is, dismissed as to Ethel Spangler.