Hanover Cordage Company

In the Matter of HANOVER CORDAGE COMPANY and TEXTILE WORKERS ORGANIZING COMMITTEE, FOR LOCAL #133 Case No. C-1233.-Decided April 27,1939 Twine and Light Rope Manufacturing Industry-Settlement : stipulation pro- viding for compliance with Act ; including reinstatement and back pay-Order: entered on stipulation. Mr. Samuel G. Zack and Mr. Weldon P. Monson, for the Board. Mr. Horace G. Ports, of York, Pa., for the respondent. Mr. Ben Law, 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., for Local No. 133 Textile Workers of Lancaster, Pennsylvania, and vicinity, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania), issued its complaint dated March 3, 1939, against the Han- over Cordage Company, Hanover, 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 the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint accompanied by notice of hearing was duly served upon the respondent and the T. W. O. C. Concerning the unfair labor practices, the complaint alleged in substance that the respondent discharged and has refused rein- statement to certain employees because they had joined and assisted the T. W. O. C., that the respondent had posted notices threatening its employees with loss of employment in the event said employees joined a labor organization, and that the respondent had made state- ments threatening to discharge its employees if they accepted liter- ature distributed by the T. W. O. C. On March 13, 1939, the respondent filed its answer to the complaint in which it admitted the allegations concerning its corporate structure 12 N. L. R. B., No. 60. 507 508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and the nature of its business, but denied the allegations of unfair labor practices. Pursuant to notice, a hearing was held at Hanover, Pennsylvania, on March 20 and 21, 1939, before Martin Raphael, the Trial Examiner duly designated by the Board. The respondent and the Board were represented by counsel and participated in the proceeding. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all par- ties. During the hearing, on March 21, 1939, the Trial Examiner received in evidence without objection a stipulation in settlement of the case entered into by the respondent, the T. W. O. C., and counsel for the Board. The aforesaid stipulation provides as follows : It is hereby stipulated by and between the Hanover Cordage Company, respondent herein; Textile Workers Organizing Com- mittee, for Local No. 133, a party herein; and Weldon P. Monson, attorney for the National Labor Relations Board, that : I. Upon charges duly filed by the Textile Workers Organizing Committee for Local No. 133, 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 Relations Act, 49 Stat. 449, and its Rules and Regulations, Series 1, as amended, Article 4, Section 1, issued its Complaint on the third day of March 1939, against the Hanover Cordage Company, respondent herein; II. The taking of further testimony or evidence before the Examiner in the matter and as concerning the charge and amended charge and allegations in the complaint relating to the respondent's Hanover plant and employees therein, or the mak- ing of findings of fact and conclusions by the Board pursuant to the provisions of the National Labor Relations Act are hereby expressly waived by respondent; III. Upon this stipulation, if approved by the National Labor Relations Board, and upon the pleadings and record herein together with the stipulation on commerce marked "Board Ex- hibit 3," an order may forthwith be entered by said Board and by the appropriate U. S. Circuit Court of Appeals, without fur- ther notice of the application for enforcement thereof, providing as follows : The respondent, Hanover Cordage Company, 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- HANOVER CORDAGE COMPANY 509 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 purposes 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 Textile Workers Organizing Committee for Local No. 133 or any other labor or- ganization of its employees, by discriminating against employees in regard to hire or tenure of employment or of any condition of employment, or in any other manner. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to James M. Staup, Edwin Goodling, and Charles Pennel, on or before April 19, 1939 full reinstatement to their former positions of employment without prejudice to their senior- ity, if any, and other rights and privileges ; it being understood, however, that the respondent will reinstate said employees to substantially equivalent work on Wednesday, March 22, at the same rate of pay based on a 44 hour week, and further that in the event that the respondent cannot so place said employees, it will pay said employees for the time they are unemployed. (b) Make whole the said James M. Staup, Edwin Goodling, and Charles Pennel, together with William Sterner, for loss of pay suffered, by payment to each of them, respectively, and im- mediately upon the approval of this stipulation by the Board, the sum set forth following his name appearing in appendix A annexed hereto and made a part hereof, which sum is in full settlement of the amount which each would have earned as wages from the dates of their respective discharges on December 5, 1938 in the case of William Sterner, on December 7, 1938 in the case of James M. Staup, on December 8, 1938, in the cases of Edwin Goodling and Charles Pennel, to said date of payment; it being further agreed that the amount of $60.00 in the case of James M. Staup, the amount of $150.00 in the case of Edwin Goodling, the amount of $49.60 in the case of Charles Pennel, and the amount of $47.50 in the case of William Sterner, will be paid by the respondent to the Pennsylvania Unemployment Compensation Fund for the purpose of reimbursing said Fund for the amounts that said employees received from the said Fund and for the further purpose of restoring them to their standing on the records of the Fund as of the date of their respective termination of employment. (c) Post and keep visible in prominent places in each depart- ment of respondent's said Hanover plant, for a period of 510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sixty (60) days after receipt, copies of the order entered by the National Labor Relations Board and notice stating that the re- spondent will cease and desist in the manner aforesaid, and re- spondent will take the affirmative action as aforesaid; (d) Inform all of its officers and agents, including its super- intendent, foremen, and other supervisory 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) Notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing order within sixty (60) days from the date of its entry by the Board. IV. It is stipulated and agreed upon that the appropriate U. S. Circuit Court of Appeals may, upon application of the Na- tional Labor Relations Board, enter a decree enforcing the afore- said order of the Board, respondent hereby expressly waiving its rights to contest the entry of such decree in the appropriate U. S. Circuit Court of Appeals, and, further, expressly waiving their rights to receive notice of the filing by the National Labor Relations Board for the application of such a decree. V. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On March 30, 1939, the Board issued its order approving the above stipulation, making it part of the record in the case, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. 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 since 1903, has its office and place of business in Hanover, Pennsylvania, where it en- gages in the production, sale, and distribution of twine and light rope. The principal raw materials used by the respondent at its Hanover plant are jute, hemp, and java. Approximately 90 per cent of these raw materials, valued at about $330,000, were shipped from other States into Pennsylvania for use at respondent's Hanover plant in 1938. Approximately 85 per cent of the finished products of the Han- over plant, valued at about $675,000, were shipped to States other than Pennsylvania in 1938. A weekly average of 280 persons were employed at the Hanover plant during 1938.1 I Data as to business of the respondent agreed to by stipulation between the respondent and the Board. HANOVER CORDAGE COMPANY 511 We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATION INVOLVED Textile Workers of Lancaster, Pennsylvania and Vicinity, Local No. 133, affiliated through the Textile Workers Organizing Commit- tee with the Congress of Industrial Organizations, is a labor organiza- tion admitting to membership the employees of the respondent. ORDER Upon the basis of the above findings of fact, stipulation, and entire record in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Libor Relations Board hereby orders that Hanover Cordage Company, Hanover, York County, Pennsylvania, 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 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) From discouraging membership in the Textile Workers Or- ganizing Committee for Local No. 133 or any other labor organization of its employees, by discriminating against employees in regard to hire or tenure of employment or of any condition of employment, or in any other manner. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to James M. Staup, Edwin Goodling, and Charles Pen- nel, on or before April 19, 1939, full reinstatement to their former positions of employment without prejudice to their seniority, if any, and other rights and privileges; it being understood, however, that the respondent will reinstate said employees to substantially equiv- alent work on Wednesday, March 22, at the same rate of pay based on a 44-hour week, and further that in the event that the respondent cannot so place said employees, it will pay said employees for the time they are unemployed ; (b) Make whole the said James M. Staup, Edwin Goodling, and Charles Pennel, together with William Sterner, for loss of pay suf- fered, by payment to each of them respectively, and immediately upon the approval of this stipulation by the Board, the sum set forth fol- lowing his name appearing in appendix "A" annexed hereto and made 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a part hereof, which sum is in full settlement of the amount which each would have earned as wages from the date of their respective discharges on December 5, 1938, in the case of William Sterner, on December 7, 1938, in the case of James M. Staup, on December 8, 1938, in the cases of Edwin Goodling and Charles Pennel, to said date of payment; it being further agreed that the amount of $60 in the case of James M. Staup, the amount of $150 in the case of Edwin Goodling, the amount of $49.60 in the case of Charles Pennel, and the amount of $47.50 in the case of William Sterner, will be paid by the respondent to the Pennsylvania Unemployment Compensation Fund for the purpose of reimbursing said Fund for the amounts that said employees received from the said Fund and for the further purpose of restoring them to their standing on the records of the Fund as of the date of their respective termination of employment; (c) Post and keep visible in prominent places in each department of respondent's said Hanover plant, for a period of sixty (60) days after receipt, copies of the Order entered by the National Labor Relations Board and notice stating that the respondent will cease and desist in the manner aforesaid, and respondent will take the affirma- tive action as aforesaid; (d) Inform all of its officers and agents, including its superin- tendent, foremen, and other supervisory employees, that they shall not threaten employees in any manner because of their membership in any labor organization in general, or the Textile Workers Organ- izing Committee in particular; (e) Notify the Regional Director for the Fourth Region, in writ- ing, of compliance with the foregoing Order within sixty (60) days from the date of its entry by the Board. APPENDIx A James M. Staup----------------------------------------- $39.56 Charles Pennel------------------------------------------ 124.28 William Sterner ----------------------------------------- 73.70 Edwin Goodling------------------------------------------ 00.00