Reade Manufacturing Co.

In the Mattel' of READE MANUFACTURING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, AFFILIATED WITH C. I. O. Case No. C-1366.-Decided October 19, 1939 Shirt Alanufactvvring Industry-Settlcment : stipulation providing for compli- ance with the Act, including reinstatement of eight employees and back pay in specified amount to four of the employees-Order; entered on stipulation. Mr. Thurlow Smoot, for the Board. Mr. Willard Young Morris, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On August 26, 1.939, Amalgamated Clothing Workers of America, affiliated with C. I. 0., herein called the Union, filed a second amended charge 1 with the Regional Director for the Fourteenth Region (St. Louis, Missouri) alleging that Reade Manufacturing Company, Malden, Missouri, herein called 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. On August 28, 1939, prior to the issuance of the Board's complaint, the respondent, the Union,.and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : It is hereby stipulated by and between the Reade Manufactur- ing Company, hereinafter called the Respondent, Amalgamated Clothing Workers of America, hereinafter called the Union, and Thurlow Smoot, attorney for the National Labor Relations Board, that : 1. Upon the Second Amended Charge duly filed by the Union, the National Labor Relations Board, may issue its Complaint herein against Respondent, which Complaint if issued will be in the form attached hereto as Appendix A. I On March 21, 1938, and May 29, 1939, respectively, the Union had filed a charge and an amended charge. 16 N. L. R. B., No. 20. 171 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. The respondent Reade Manufacturing Company is a cor- poration formed under the laws of the State of Kentucky and licensed to do business in the State of Missouri. The said Re- spondent maintains an office and plant in the City of Malden, Missouri, where it is engaged in the manufacture, sale and distri- bution of men's shirts. III. The respondent Reade Manufacturing Company, while en- gaged as above described, in the course and conduct of its busi- ness, causes and has continuously caused a substantial portion of the materials used by it in the manufacture, sale and distribu- tion of men's shirts, referred to above, to be purchased and trans- ported in interstate commerce from and through states of the United States other than the State of Missouri to its plant in the State of Missouri ; and causes and has continuously caused a substantial portion of its finished products, manufactured in the Malden plant, to be sold and transported in interstate com- merce from the said plant in the State of Missouri into and through states of the United States other than the State of Mis- souri, all of the aforesaid constituting a continuous flow of com- merce among the several states. IV. The total volume of sales of finished products for Re- spondent's plant in the year 1938 amounted to approximately $900,000, and the total volume of purchases of raw materials by Respondent for the year 1938 amounted to approximately $400,000. V. The Respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act. VI. The Union is a labor organization within the meaning of the National Labor Relations Act. VII. The Respondent agrees to accept service of the Complaint referred to in Paragraph I hereinabove and to a Notice of Hear- ing to be attached thereto, and. waives its right to a hearing and to the making of findings of fact and conclusions of law by the National Labor Relations Board as set forth in Sections 10 (b) and (c) of the National Labor Relations Act. VIII. This stipulation together with the Second Amended Charge, Complaint, and Notice of Hearing may be filed with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., and when so filed shall constitute the record in this case. IX. Upon this stipulation, if approved by the National Labor Relations Board, an Order may forthwith be entered by said Board providing as follows : READE MANUFACTURING COMPANY 173 1. The Respondent, its officers, agents, successors and assigns shall cease and desist: (a) From 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 bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collec- tive bargaining or other mutual aid or protection as guaranteed under Section 7 of the National Labor Relations Act. (b) From discouraging membership in the Union by discharg- ing or in any other manner discriminating against its employees in regard to the hire and tenure of employment, or any condi- tion of employment, for the reason that they, or any of them, joined or assisted the Union or any other labor organization of its employees. 2. The Respondent, its officers, agents, successors and assigns shall take the following affirmative action which will effectuate the policies of the Act : (a) Offer to Sally Elder, Pansy Siscoe, Grace Roberts, Lydia Buck, Anna Young, Eva Mansfield, Beatrice Holtzhauser and Stella Towery employment in their former positions in Re- spondent's Malden, Missouri, factory without prejudice to their seniority and other rights and privileges. (b) Make whole the following persons for any losses of pay they have suffered by reason of their discharge by payment to them of the sum of money set opposite their names. Beatrice Holtzhauser-------------------------------- $50.00 Pansy Siscoe ----------------------------------------- 45.00 Lydia Buck ----------------------------------------- 70.19 Anna Young ---------------------------------------- 133. 00 (c) Post immediately in conspicuous places at its Malden, Missouri, plant for sixty (60) consecutive days from the date of posting, notices stating that the Respondent shall cease and desist in the manner set forth in paragraphs 1 (a) and (b) hereof. (d) Notify the Regional Director for the Fourteenth Region of the National Labor Relations Board upon her request of the steps Respondent has taken to comply herewith. It is further agreed and stipulated by and between the parties hereto that any appropriate Circuit Court of Appeals of the United States may, upon application by the National Labor Relations Board, enter its decree enforcing the Order of the Board. The 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. 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It is further agreed and stipulated by the parties hereto that the entire agreement between the parties hereto respecting the Second Amended Charge and Complaint herein is contained within the terms of this stipulation and there is no verbal agree- ment of any kind which changes, alters or adds to this stipulation. It is further agreed and stipulated by and between the parties hereto that if the National Labor Relations Board declines to issue a Complaint herein, Paragraphs IX, 1 (a), (b), and IX, 2 (a), (b), (c), and (d) shall constitute a settlement agreement between the parties hereto and shall be in full force and effect as if it were a complete and separate instrument in and of itself. On September 28, 1939, the Board issued its complaint and notice of hearing. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent terminated the employment of and refused to reinstate 8 named employees because they joined and assisted the Union and engaged in concerted activities for the purpose of collective bargaining and other mutual aid and protec- tion; and that the respondent, by the, aforesaid acts and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed them in Section 7 of the Act. On September 30, 1939, the Board issued an order approving the stipulation of August 28, 1939, making it part of the record, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT Reade Manufacturing Company, a Kentucky corporation, having an office and plant in Malden, Missouri, is engaged in the manu- facture, sale, and distribution of men's shirts. The respondent, in the course and conduct of its business, causes and has continuously caused a substantial portion of the materials used by it to be pur- chased and transported to its plant in Missouri from other States; and causes and has continuously caused a substantial portion of the finished products of its Missouri plant to be sold and transported to other States. In 1938 the respondent purchased raw materials valued at approximately $400,000 and sold finished products valued at approximately $900,000. The respondent admits that it is en- gaged in commerce within the meaning of the Act. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. READE MANUFACTURING COMPANY ORDER 175 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 respondent , Reade Manufacturing Company, 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 right to self-organization, to form, join or assist labor organizations , to bargain collectively through representatives of their own choosing, and to engage in con- certed activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed under Section 7 of the National Labor Relations Act; (b) From discouraging membership in Amalgamated Clothing Workers of America, affiliated with C. I. O., by discharging or in any other manner discriminating against its employees in regard to the hire and tenure of employment , or any condition of employ- ment, for the reason that they , or any of them, joined or assisted the Amalgamated Clothing Workers of America, affiliated with C. I. 0., or any other labor organization of its employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Sally Elder, Pansy Siscoe , Grace Roberts, Lydia Buck, Anna Young, Eva Mansfield, Beatrice Holtzhauser, and Stella Towery , employment in their former positions in the respond- ent's Malden, Missouri, factory without prejudice to their seniority and other rights and privileges; (b) Make whole the following persons for any losses of pay they have suffered by reason of their discharge by payment to them of the sum of money set opposite their names : Beatrice Holzhauser------------------------------------- $50. 00 Pansy 5iscoe-------------------------------------------- 45.00 Lydia Buck------- -------------------------------------- 70.19 Anna Young-------------------------------------------- 133.00 (c) Post immediately in conspicuous places at its Malden, Mis- souri, plant for sixty (60) consecutive days from the date of post- ing, notices stating that the respondent shall cease and desist in the manner set forth in paragraphs 1 (a) and (b) hereof; (d) Notify the Regional Director for the Fourteenth Region of the National Labor Relations Board upon her request of the steps the respondent has taken to comply herewith.