Mercer Textile Mills, Inc.

In the Matter Of MERCER TEXTILE MILLS, INC. and TEXTILE WORKERS UNION OF AMERICA OF THE C. I. 0. Case No. C-929.-Decided November 25, 1939 Upholstery Fabric Manufacturing Industry-Settlement : stipulation providing for compliance with the Act, including payment of back pay in specified amount to one employee-Order: entered on stipulation. Mr. Jack Davis and Mr. Jacob Blum, for the Board. Minton & Rogers, by Mr. H. Collin Minton, Jr., of Trenton, N. J., -for the respondent. Mr. Sol Stetin, of Camden, N. J., and Mr. Fred Muscheck, of :Philadelphia, Pa.; for the Union. Mr. Joseph Forer, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and amended charge duly filed by Textile Workers' Organizing Committee of the C. I. 0., now known as Textile Workers Union of America of the C. I. 0.,1 and herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania), issued its complaint dated July 22, 1938, against Mercer Textile Mills, Inc., Groveville, New Jersey, herein called the respond- ent, alleging that the respondent had engaged in unfair labor prac- tices affecting commerce, within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance: (1) that the respondent at its Groveville plant in and about September 1937 and at various times since, by threats, state- 3 By an order of the Board dated October 25, 1939, the Union's present name was substi- tuted for its former name wherever appearing in the case. 17 N. L. R. B., No. 97. 1011 1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ments to its employees, and other acts, had discouraged affiliation of its employees with the Union; (2) that on or about October 15,. 1937, the respondent terminated the employment of Edwin Purdy, one of its workers, and has since refused to reinstate him, on account of his union activities; (3) that on or about November 8 and December 18, 1937, the respondent refused to bargain collec- tively with the Union as the representative of the production and maintenance workers at its Groveville plant, exclusive of office, clerical and, supervisory employees; and (4) that by the foregoing acts the respondent interfered with, restrained, and coerced its, employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent filed an answer denying the allegations of unfair labor practices. Pursuant to notice, a hearing was held at Groveville, New Jersey,. from August 1 to 3, 1939, before D. Lacy McBryde, the Trial Examiner duly designated by the Board. The Board and the re- spondent were represented by counsel, and the Union by its repre- sentatives; all participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to produce evidence bearing upon the issues. After the hearing the respondent submitted a brief, and thereafter,, on September 21, 1938, the Trial Examiner issued his Intermediate Report, wherein he found that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the Act. He recommended that the respondent cease and desist from the unfair labor practices so found and take certain affirmative action remedial in nature. Exceptions to the Inter- mediate Report were filed by the respondent. On November 3, 1939, the respondent and counsel for the Board entered into a stipulation in settlement of the case. The stipulation is as follows : STIPULATION Charges having been filed with Bennet F. Schaefer, Regional Director of the National Labor Relations Board for the Fourth Region, by the Textile Workers Organizing Committee on No- vember 16, 1937, and amended on June 3, 1938, alleging that Respondent, Mercer Textile Mills, Inc., had violated Section 8 (1),. (3), and (5) of the National Labor Relations Act, 49 Stat. 449; and complaint having been issued and served on July 22, 1938, and hearing having been held before a duly authorized agent of the National Labor Relations Board at Groveville, New Jersey, from August 1, 1938 to August 3, 1938, inclu ive, MERCER TEXTILE MILLS, INCORPORATED 1013' and intermediate report having been handed down on Septem- ber 21, 1938, and it being the intention of the parties to dispose- of the matters which have arisen, IT IS HEREBY STIPULATED AND AGREED by and between Mercer Textile Mills, Inc., by Minton & Rogers, its attorneys, and Jacob Blinn, Attorney, National Labor Relations Board, as follows: 1. The respondent is a corporation duly organized and exist- ing under the laws of N. J. It is engaged in the manufacture and distribution of upholstery fabrics. The great bulk of its. raw materials are transported from within the State of New Jersey. The great bulk of its finished products are sold and transported to States of the United States other than the State of New Jersey. Its purchases for the year 1937 totaled approxi- mately $110,000, and its sales for the same period were $225,000.- Mercer Textile Mills, Inc. admits that it is engaged in inter- state commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. 2. The respondent waives all further or other procedure pro- vided by the National Labor Relations Act, or the Rules and Regulations of the National Labor Relations Board, including- the making of findings of fact and conclusions of law. 3. Upon the basis of the facts stipulated in paragraph 1 above, the pleadings heretofore filed, the record, the intermediate report, this stipulation, and by agreement of the parties hereto,, the National Labor Relations Board may enter its order in the- following form iii the above entitled case : ORDER On the basis of this stipulation and pursuant to Section 10 (c). of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that Mercer Textile Mills, Inc., 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 choos- ing and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection as guar- anteed in Section 7 of the National Labor Relations Act. (B) From in any manner discouraging membership in the Textile Workers Organizing Committee, or in any other labor organization of its employees, by discriminating against its, _1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees in regard to hire or tenure of employment or any term or condition of employment. 2. Take the following affirmative action which will effectuate the policies of the Act. (A) Make whole Edwin Purdy for any losses of pay which he may have suffered by payment to him of the sum of $200. (B) Post immediately in conspicuous places in its plant at ,Groveville, New Jersey, and maintain for a period of at least thirty (30) consecutive days, copies of this order and decree. (C) File with the Regional Director for the Fourth Region on or before ten (10) days from the receipt of this order, a .report in writing setting forth in detail the manner and form in which it has complied with the foregoing requirement. AND IT IS HEREBY ORDERED that the complaint shall be dis- missed in so far as it alleges that the respondent has violated 'Section 8 (5) of the National Labor Relations Act. 4. The respondent, Mercer Textile Mills, Inc., hereby consents to the entry by the United States Circuit Court of Appeals for. the appropriate Circuit, upon application by the Board in the -form hereinabove set forth, and hereby waives further notice of the application for such decree. 5. The entire agreement is contained within the terms of this stipulation and there is no verbal agreement of any kind which varies, alters, or adds to it. 6. It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon granting such approval. On November 14, 1939, the Board issued its order approving the :above stipulation and making it part of the record. Upon the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Mercer Textile Mills, Inc., is a New Jersey corporation operating a plant at Groveville, New Jersey, for the manufacture and distribu- tion of upholstery fabrics. The great bulk of its raw materials is obtained within the State of New Jersey, and the great bulk of its finished products is transported to places outside that State. The respondent's purchases for 1937 totaled approximately $110,000, and its sales, $225,000. The respondent admits that it is engaged in interstate :commerce within the meaning of the Act. MERCER TEXTILE MILLS, INCORPORATED 1015 We find that the respondent is engaged in trade, traffic, and commerce among the several States. 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 Mercer Textile Mills, Inc., 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 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 in any manner discouraging membership in the Textile Workers Union of America of the C. I. 0., or in any other labor organization of its employees, by discriminating against its em- ployees in regard to hire or tenure of employment or any term or condition of employment. 2. Take the following affirmative action which will effectuate the policies of the Act : (a) Make whole Edwin Purdy for any losses of pay which he may have suffered by payment to him of the sum of $200; (b) Post immediately in conspicuous places in its plant at Grove- ville, New Jersey, and maintain for a period of at least thirty (30) consecutive days, copies of this order; (c) File with the Regional Director for the Fourth Region on or before ten (10) days from the receipt of this order, a report in writing setting forth in detail the manner and form in which it has complied with the foregoing requirement. AND IT IS HEREBY ORDERED that the complaint shall be dismissed in so far as it alleges that the respondent has violated Section 8 (5) of the National Labor Relations Act. 247384-40-vol. 17-05