Lacon Woolen Mills of John Grieves Sons

In the Matter of LACON WOOLEN MILLS OF JOHN GRIEVES SONS, A CORPORATION and TEXTILE WORKERS ORGANIZING COMMITTEE Case No. C-1083.-Decided November 14, 1930 Woolen Goods Manufacturing Industry-Settlement : stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Jack G. Evans, for the Board. MMtr. Otto A. Jaburek, of Chicago, Ill., for the respondent. Mr. Frederick TV. Killian., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers Organizing Committee, affiliated with the Committee for Industrial Organization, herein called the C. I. 0., the National Labor Rela- tions Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint dated September 28, 1938, against Lacon Woolen Mills of John Grieves Sons, a corporation, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce within-the meaning of Section 8 (1), (2), 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 of notice of hearing thereon were duly served upon the respond- ent and the C. I. O. Concerning the unfair labor practices, the complaint alleged in substance : (1) that the respondent locked out and discharged all of its employees from about May 27, 1937, until about June 14, 1937, and since the lock-out has refused or failed to employ 22 named employees because they assisted the C. I. O. or engaged in concerted activities with other employees in the plant for the purposes of col- lective bargaining and other mutual aid and protection, and thereby discouraged membership in the C. I. 0.; (2) that the respondent, on or about May 17, 1937, instigated the formation of a'labor organiza- 17 N. L. R. B., No. 58. 696 LACON WOOLEN MILLS OF JOHN GRIEVES SONS 697 tion among its employees known as the Lacon Woolen Mills Em- ployees' Association, herein called the Association; (3) that the, re- spondent advised, urged, and warned its employees to join the Asso- ciation, dominated and interfered with its administration and con- tributed financial and other support thereto, and otherwise fostered, promoted, and encouiaged its formation and growth; (4) that the respondent, on or about August 30, 1937, entered into a written agreement with the Association recognizing it as the sole bargaining agent for all its employees below the rank of foreman and requiring, as a condition of employment, membership therein; (5) that the respondent advised; urged, and warned its employees to refrain from joining or retaining membership in the C. I. 0.; (6) that the re- spondent derided the C. I. 0., its representatives, and affiliates to its employees, threatened to close its plant if the concerted activities of its employees continued, and blacklisted certain of the locked-out and discharged employees who had joined the C. I. 0.; and (7) that the respondent, by the above-mentioned acts and others, interfered with,,-restrained, • andi,. coerced its : employees, in the exercise of their rights guaranteed in Section 7 of the Act. Thereafter, the respondent filed its answer, admitting certain alle- gations concerning the nature and scope of its business, but denying that it locked out or discharged its employees as alleged in the com- plaint, and further denying all of the unfair labor practices alleged in the complaint, admitting that it entered into a written agreement with the Association for certain purposes, but alleging that it had not to the (late of. its answer been required by the, Association to perform all the provisions thereof. Pursuant to a notice which was duly served, a hearing was held at Peoria, Illinois, on October 10, 11, 12, 13, and 14, 1938, before R. N. Denham, the Trial Examiner duly designated by the Board. The Board and the respondent were represented by counsel and par- ticipated in the hearing. Full opportunity to be heard, to examine ands cross-examine witnesses, . and to produce evidence bearing upon the issues was afforded to all parties. During the hearing the Board moved to dismiss the complaint, without prejudice, with reference to the allegations thereof concerning the discriminatory discharges of Wayne Anderson and Art Dawson. The motion was granted. During the course of the hearing, the Trial Examiner made several rulings on motions and objections to the admission of evidence. The Boarld has reviewed the rulings of the Trial Examiner and finds that'no prejudicial' errors were committed. The rulings- are hereby affirmed. At the conclusion of the hearing all of the parties were afforded a reasonable opportunity to argue before the Trial Examiner and 698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,vv;ere advist:d,,by the ` Trial' Examiner that they would' be -given an. opportunity for oral argument before the Board upon request to the Board made within ten (10) days from the receipt of the Inter- mediate Report. The parties were further advised by the Trial Examiner that they might file briefs. Thereafter, the Trial Examiner filed his Intermediate Report, dated December 1, 1938, in which he found that the respondent had engaged in and was engaging in certain unfair labor practices within the meaning of Section 8 (1), (2), and (3) and Section 2 (6). and (7) of the Act. He recommended that the respondent cease and desist from the unfair, labor practices; withdraw all. recognition, of the.:Asso ,iati'on..as a reaiueseiltative of its employees and completely disestablish the Association as such representative; offer reinstate- ment at its plant to the 19 named employees whom he found had been unlawfully locked out and discharged, dismissing, if necessary, ,employees on the respondent's pay roll who were not actively em- -ployed on May 27, 193 7 ; make whole 20 named employees for certain specified periods of time for any loss of pay suffered by reason of their unlawful discharge; and take certain other affirmative action. Thereafter, the C. I. O. and the respondent filed exceptions to the Intermediate Report and, subsequently, the Union filed in amend- ment to its exceptions. On the 21st day of September 1939, the respondent, the C. I. 0., and counsel for the Board entered into a stipulation in settlement of the case. The stipulation reads as follows : It is hereby stipulated and agreed by and between Lacon 11roolen Mills of John Grieves Sons by Otto A. Jaburek, its attorney, hereinafter called the respondent, Textile Workers Organizing Committee by Sydney L. Devin, its representative, hereinafter called the union, and Jack G. Evans, attorney for the National Labor Relations Board, hereinafter called the Board, that: 1. Upon charges as amended duly filed by the union, through S. L. Devin, an accredited agent and representative of the Union for, that._purpose, the. Board. by Leonard, C.. 13aj99rk,, Regional Director for the Thirteenth Region (Chicago; Illinois) acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act, and pursuant to Article 11, Section 23, and Article IV, Section 3 of'tlre National Labor Relations Board Rc.les & Regulations, Series 1, as amended, duly issued a Complaint and Notice of Hearing thereon on September 28, 1938, against the respondent: 'True and .accurate copies of the Complaint, Notice of Hearing, Third Amepcled Charge and National-Labor Relations Board LAGOS W'OOLEN' MILLS OF JOHN GR IEVES SONS 699 Rules&:fte^nlatons, Series 1, as amended, were duly served Upon the respondent and the union. On October 4, 1938, respondent filed its Answer to the Complaint. 2. A hearing was conducted October 10 to 14; 1938, inclusive, at Peoria, Illinois, before R. N. Denham, a Trial Examiner duly designated by the Board, at which time and place the respondent and the union appeared and were duly represented and were afforded an opportunity to participate in the hearing, to call, exahiiine,and cross-examine witnesses- and to introduce pertinent evidence. At the conclusion of the hearing the parties waived oral argument, and the privilege of filing briefs before the Trial Examiner. A motion was granted dismissing the Complaint without prejudice as to Wayne Anderson and Art Dawson. 3. An Intermediate Report was thereafter filed by the Trial Examiner on December 1, 1938, copies of which were duly served upon the respondent iind the union,-finding .that the respondent did engage in and is engaging in certain unfair labor practices affecting commerce within the meaning of Section 8 (1), (2) and (3) and Section 2 (6) and (( ) of the Act, and recommending that the respondent cease and desist from said unfair labor prac- tices and take certain affirmative action to effectuate the policies of the Act. The respondent filed exceptions thereto on Decem- ber 15, 1938, and the union filed exceptions on December IT, 1.938, and amendment to exceptions on January 19, 1939. The respondent and the union hereby waive the right to request oral argiuuept and to file briefs with the Board. 4. The respondent is iio^v and has been since March 4, 1907 a corporation organized under and existing by virtue of the laws of the State of Illinois, having its principal office and place of business in the City of Lacon, 'County of Marshall, State of Illinois, and is now and has continuously been engaged at its plant at, Lacon, Illinois in the manufacture, sale and distribution of woolen cloth and under padding for clothing, olive drab cloth, called O. D., for the U. S. Army, and other woolen materials. Raw materials used by respondent consist principally of wool; shoddy, dyes and other materials are also purchased. During the year ending May 1, 1937, 450 tons of such materials valued at approximately Six Hundred Thousand Dollars ($600,- 000.00) were purchased, approximately two-thirds of which was purchased and shipped from points within the State of Illinois to the plant and approximately one-third was purchased and shipped from points outside of the State of Illinois to the plant. Finished products amounting to 986,400 square yards of material, valued at approximately Nine Hundred Thousand Dollars 700 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ($900,000.00), during the same period were produced, sold and shipped from the plant. Approximately one-tenth of such prod- ucts was shipped from the plant to points within the State of Illinois and approximately nine-tenths to points outside of the State of Illinois to the several States of the United-Stat,4a'.iid to Canada. Railroad, truck, express and parcel post facilities are utilized by respondent transporting raw materials and finished products. The respondent is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. 5. The union is a labor organization as defined in Section 2 (5) of the Act. The Lacon Woolen Mills Employees Associa- tion, hereinafter called the Association, is a labor organization as defined in Section 2 (5) of the Act. 6. This Stipulation and Agreement may be introduced as evidence by filing same with the Chief Trial Examiner of A he Board at Washington, D. C. Upon the basis of the entire'rec'ord in this matter, including the Trial Examiner's Intermediate Re- port, and this Stipulation and Agreement, if approved by the Board, an order may forthwith be entered by the Board provid- ing as follows : (1) Respondent, its officers, agents, successors, and assigns., shall cease and desist from : (a) Discouraging membership in Textile Workers Organizing Committee or any other labor organization, by discrimination in regard to hire and tenure of employment or condition of em- ployment ; (b) 'Dominating or interfering with the administration of Lacon Woolen Mills Employees Association, or with the forma- tion or administration of any other labor organization, and from contributing financial or other support to the Association, or any other labor organization; (c) Recognizing the Lacon Woolen Mills Employees Associa- tion, as the representative of any of its employees for the pur- pose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; (d) Giving effect to the contract entered into with Lacon Woolen Mill's Employees Association August 30, 1938; (e) In any other manner interfering with, restraining or co- ercing its employees in the exercise of their right to self-organi- zation, to form, join, or assist the Textile Workers Organizing Committee or any other labor organization, to bargain collec- tively through representatives of their own choosing, and to LACON WOOLEN MILLS OF JOHN GRIEVES SONS' 701 engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection. (2) Respondent shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Withdraw recognition from Lacon Woolen Mills Em- ployees Association, as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employ- iinent, or other conditions of employment, and completely dis- establish said labor organization as such representative; (b) Offer to the employees, and each of them, excepting Earl Wilson, named in Appendix "A", attached hereto and by refer- ence made a part hereof, immediate and full reinstatement to their former positions, or positions equivalent thereto, without prejudice to their seniority and other rights and privileges, dis- missing, if necessary, persons hired on or after May 27, 1937; (c) Pay to the employees, and each of them named in Ap- pendix "A", in settlement for any loss of pay they have suffered by reason of their discharge, the sums respectively set out after their names; (d) Immediately post in conspicuous places in its plant and keep posted continuously for thirty days a notice in the form set forth in Appendix "B", attached hereto and by reference made a part hereof, and notify the officers of the Lacon Woolen Mills Employees Association in the form set forth in Appendix "C'", attached hereto and by reference made a part hereof. (e) Notify the Regional Director for the Thirteenth Region, National Labor Relations Board, (Chicago, Illinois) in writing within ten (10) days from the date of approval of this Stipula- tion and Agreement by the Board, what steps respondent has taken to comply herewith. 7. It is further stipulated and agreed that the United States Circuit Court of Appeals for the Seventh Circuit may, upon ap- plication by the Board, enter its decree enforcing the Order of the Board as provided in paragraph 6 herein, and the respondent expressly waives its rights to contest the entry of any such decree and to receive notice of the filing of an application for the entry of such decree. 8. All terms agreed upon are contained within this Stipulation and Agreement, and there is no verbal agreement of any kind which varies, alters or adds to this Stipulation and Agreement. 9. This Stipulation and Agreement is made subject to the ap- proval of the Board. 702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A - John Crank----------------------------------------- $75.00 Farrel Fay________________ _ 375.00 Merle Garrison ------------------------------------- 400.00 Genevieve Hall------------------------------------- 460.00 ETerschell Hall_________________________________ 455.00 Lowell Harvey--------------------------------- --- 465.00 Jack Hall ------------------------------------------ 400.00 John I-leckard -------------------------------------- 65.00 William Kenyon ------------------------------------- 250.00 Jake Loser----------------------------------------- 350;00 Jack Mace- ------------------------------------------ 90.00 Francis Schwartz ----------------------------------- 400.00 George Spellions------------------------------------ 125.00 Frank Waldo --------------------------------------- 100.00 Harlan Watson ------------------------------------- 95.00 Francis Wehrl i------------------------------------- 125. 00 Earl Wilson ---------------------------------------- 275.00 Dorsey Wren --------------------------------------- 90:00 May Wren ------------------------------------------ 100.00 Rey Wren------------------------------------- 275. 00 APPENDIX B NOTICE TO EMPLOYEES The employees of the undersigned company are hereby ad- vised as follows: 1. This company will not interfere with, restrain or coerce its employees in the exercise of their right to self -orgmization, to form, join, or assist the Textile Workers Organizing Committee, or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. 2. This company will not (a) discourage membership in the Textile. Workers Organizing Committee, or any other -labor or- ganization, by discrimination in regard to hire or tenure of em- ployment or condition of employment; (b) that it will not domi- nate or interfere with the administration of the Lacon Woolen Mills Employees' Association, or any other labor organization, and that it will not contribute financial or other support.to-said Lacon Woolen Mills Employees' Association, or any other labor organization. 3. This company has withdrawn all recognition from the Lacon Woolen Mills Employees Association as the representa- tive of its employees for the purpose of dealing with it concerning grievances, labor disputes, wages, rate of pay, hours of employ- LACON wOOLI:ic ]VULLS OF :1 O.H N GRIEVES so:A s 703 ment., or other conditions of employment, and said association is completely dis-established as such representative. 4.- That the contract entered into between this company and the Lac.on Woolen Mills Employees ' Association under the date of August 30, 1938 is null and void. and of no effect whatsoever. LACON WOOLEN MILLS OF JOxx GRIPPES Soxs. By ------------------------------------------- APPENDIX C LACON WOOLEN IhLLS E.NmLOYEES' ASSOCIATION, Lacon, Illinois. GENTLEMEN: In conformity with the recommendations con-, tained in the Intermediate Report of the Trial Examiner in the Matter of Lacon Woolen Mills of John Grieves Sons, a corporation, and Textile Workers Organizing Committee, known as Case No. VIII-C-413 before the National Labor Relations Board, you are .hereby notified and advised that your associa tion is dis-established as a representative of the employees of the undersigned for the purpose of dealing with the under- signed concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employment, and that the contract of August 30, 1938 entered into by and between the undersigned and your association is null and void, and same is hereby terminated and at an end, and the under- signed .. iyill no longer proceed thereunder or pursuant to the terms thereof. Yours very truly, LACON WOOLEN hMILLS or JOHN Giui:vi.s SONS. By ------------------------------------------- On September. 219, 1939, the Board issued an order approving the above stipulation and making it a part of the record in the case. On the basis of the above stipulation , and upon the entire record in the case, the Board snakes the following: I±'7NDI \GS OF FACT I. TILE BUSINESS OF THE RESPONDENT' The respondent is an Illinois. corporation with its principal office and place of business in Lacon, Illinois. It is engaged in the manu- facture. distribution, and sale of woolen cloth and other woolen mate- rials. The raw materials used by the respondent include, among. 1 The findings in this section rare tensed upon n siipul a rion of facts. 704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD others, wool, shoddy, and dyes. Approximately one-thirdof^its ra.w materials are purchased and shipped from points outside the' State of Illinois. Approximately 90 per cent of its finished products are shipped to points outside the State of Illinois. During the .year ending May 1, 193'7, 450 tons of raw materials were purchased and transported to the respondent's plant and were valued at approx- imately $600,000. During the same period, finished products amount- ing to 986,400 square yards of material, valued at approximately $900,000, were produced, sold, and shipped from its plant. Rail- road, truck, express, and parcel-post facilities are utilized by: the re- spondent to transport raw materials and finished products: 'The respondent admits that it is engaged in interstate commerce within the meaning of the Act. ORDER On the basis of the above stipulation, findings of fact, 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 hereby orders that the respondent, Lacon Woolen Mills of John Grieves Sons, a corporation, its agents, officers, successors, and assigns shall : 1. Cease and desist from : (a) Discouraging membership in Textile Workers Organizing Committee or any other labor organization, by discrimination in re- gard to hire and tenure of employment or condition of employment; (b) Dominating or interfering with the administration of Lacon Woolen Mills Employees Association, or with the formation: oi, ad- ministration of any other labor organization, and from contributing financial or other support to the Association, or any other labor organization ; (c) Recognizing the Lacon Woolen Mills Employees Association, as the representative of any of its employees for the purpose of deal- ing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; (d) Giving effect to the contract entered into with Lacon Woolen Mills Employees Association August 30, 1938; (e) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist the Textile Workers Organizing Comm' itte or any other labor organization, to bargain collectively through repre- sentatives of their own choosing, and to engage in concerted ac- tivities for the purpose of collective bargaining or other mutual aid or protection. 2. Take the following affirmative action to effectuate the p_ olicie's of the National Labor Relations Act: LACON WOOLEN MILLS OF JOHN GRIEVES' SONS 705 (a) Withdraw recognition from Lacon Woolen Mills Employees Association, as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other condi- tions of employment, and completely disestablish said labor organi- zation as such representative; (b) Offer to the employees, and each of them, excepting Earl Wilson, named in Appendix A, attached hereto and by reference made a part hereof, immediate and full reinstatement to their former positions, or positions equivalent thereto, without prejudice to their seniority and other rights and privileges, dismissing, if necessary, persons hired on or after May 27, 1937; (c) Pay to the employees, and each of them, named in Appendix A, in settlement for any loss of pay they have suffered by reason of their discharge, the sums respectively set out after their names; (d) Immediately post in conspicuous places in its plant and keep posted continuously for thirty days a notice in the form set forth in Appendix B, attached hereto and by reference made a part hereof, and notify the officers of the Lacon Woolen Mills Employees Associa- tion in the form set forth in Appendix C, attached hereto and by reference made a part hereof. (e) Notify the Regional Director for the Thirteenth Region, Na- tional Labor Relations Board, (Chicago, Illinois) in writing within ten (10) days from the date of approval of this Stipulation and Agreement by the Board, what steps respondent has taken to comply herewith. APPENDIX A John Crank--------------------------------------------- $75.00 Farrel Fay---------------------------------------------- 375.00 Merle Garrison------------------------------------------ 460.00 Genevieve Hall------------------------------------------ 460.00 Herschel] Hall------------------------------------------- 485.00 Lowell Harvey------------------------------------------ 465.00 Jack Hall- ---------------------------------------------- 400.00 John Heckard ------------------------------------------- 65.00 William Kenyon____ _____________________________________ 250.00 Jake Loser---- ------------------------------------------ 350.00 Jack Mace ----------------------------------------------- 90.00 Francis Schwartz--------------------------------------- 400.00 George Spellious ----------------------------------------- 125.00 Frank Waldo-------------------------------------------- 100.00 Harlan Watson------------------------------------------ 95.00 Francis Wehrli ------------------------------------------ 125.00 Earl Wilson --------------------------------------------- 275.00 Dorsey Wren-------------------------------------------- 90.00 May Wren ----------------------------------------------- 100. 00 Rey Wren ----------------------------------------------- 275.00 '706 DF.CI5IONS OF NATIONAL LABOR RE,LATTONS BOAIRI) APPENDIX B NOTICE TO EMPLOYEES The employees of the undersigned company are hereby advised as follows 1. This company will not interfere with, restrain or coerce its employees in the exercise of their right to self-organization, to form,, join, or assist the Textile Workers Organizing Committee, or any other labor organization, to bargain collectively through representa- tives of their own choosing, to engage in concerted activities, for the purpose of collective baragainiing or other mutual aid or protection. 2. This company will not (a) discourage membership in the Textile Workers Organizing Committee, or any other labor organization, by discrimination in regard to hire or tenure of employment or corndi- tion of employment; (b) that it will not dominate or interfere with the administration of the Lacon Woolen Mills Employees' Associa- tion, or any other labor organization, and that it will riot; contribute financial or other support to said Lacon Woolen Mills Employees' Association, or any other labor organization. 3. 7.'his company has withdrawn all recognition from the Lacon Woolen Mills Employees Association as the representative of its employees for the purpose of dealing with it concerning grievances, labor disputes. wages, rate of pay, hours of employment, or other conditions of ernploymernt, and said association is completely dis- established as such representative. 4. That the contract entered into between this company and the Lacon Woolen Mills Employees' Association under the 'date of August 30, 1938 is null and void and of no effect whatsoever. L.\coN WOOLEN MILLS OF JOHN GRIEVES SONS. B^- ------------------------------------------ APPENDIX C L.AcON WOOLEN MILLS EMPLOYEES' ASSOCIATION, Lacon, Illinois. GENTLEMEN : Ill conformity with the recommendations contained in the Intermediate Report of the Trial Examiner in the Matter of Lacon Woolen Mills of John Grieves Sons, it corporation, and Textile Workers Organizing Committee, known as Case No. XIII-C-413 before the National Labor Relations Board, you are hereby notified and advised that your association is dis-established as a representa- tive of the employees of the mulers^gned for the purpose of dealing LACON WOOLP;:N 3\1ALLS OF 11OH:N GRIEVES SOWS 707 with the undersigned concerning grievances, labor disputes, wages,, rates of pay, hours of employment and other conditions of employ- ment, and that the contract of August 30, 1938 entered into by and between the undersigned and your association is null and void and same is hereby terminated and at an end, and the undersigned will no -longer :=p ,oeeed thereunder or pursuant to the terms thereof. Yours very truly, LACON WOOLEN MILLS OF JOHN GRIEVES SONS. By --------------------------------------------