Bemis Bro. Bag Co.

In the Matter of BEMIS BRO. BAG COMPANY and TEXTILE WORKERS UNION OF AMERICA Case No. C-1470.-Decided February 5, 1940 Cotton and Paper Bag Manufacturing Industry-Settlement: stipulation pro- viding for compliance with the Act-Order: entered on stipulation. Mr. Join C. HcRee, and Mr. Alexander E. Wilson, Jr., for the Board. Mr. Frank Gladney, of St. Louis, Mo., and Mr. B. J. Everett, of Jackson, Tenn., for the respondent. Mr. R. H. Brazzell, of Nashville, Tenn., for the Union. Mr. Albert J. Hoban, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers Union of America, herein called the Union, the National, Labor Re- lations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, ' Georgia), issued its complaint dated November 21, 1939, against Bemis Bro. Bag Company, St. Louis, Mis- souri, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8 (1), (3), and (4) 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 thereon were duly served upon the respondent and the Union. In respect to the -unfair labor practices the complaint alleged, in substance, that the respondent (1) discharged Eva Reeves 1 and J. W. Yarbrough on or about July 6, 1936, because they joined and assisted a labor organization and engaged in concerted activity with other employees for the purpose of collective bargaining and mutual aid and protection and because they testified before a duly appointed Trial Examiner of the Board during a hearing conducted from January 24 1 Referred to in stipulation as Eva Reeves Creasy. 20 N. L. R. B., No. 14. 152 BEMIS BRO . BAG COMPANY 153 to April 18, 1936, in Matter of Bemis Bro. Bag Company and Local No. 1838, United Textile Workers of America; 2 (2) discharged and thereafter refused to reinstate E. D. Patterson, C. A. King, Cliff Mayo, Sam B. Rice, Arthur Weaver, and Morris Brasher, because they joined and assisted a labor organization and engaged in concerted activi- ties for the purposes of collective bargaining and for mutual aid and protection; and (3) by the discharges and by advising its employees to withdraw from or refuse to become affiliated with the Union; by threatening its employees with summary lay-off, discharge, or other discipline if they persisted in activities in behalf of the Union; by threatening its employees with the loss of seniority or other favorable working conditions if they persisted in activities in behalf of the Union; by promising its employees better jobs and job protection on condition that they withdraw from the Union; and by telling its em- ployees that the Union did not benefit them, and advising them not to join or to remain affiliated with the Union had, at various times since April 18, 1936, interfered with, restrained, and coerced its em- ployees in the exercise of the rights guaranteed in Section 7 of the Act. On December 6, 1939, the respondent duly filed its answer in which it admitted some of the specific averments in the complaint but denied others including the allegations that it had engaged in unfair labor practices. Pursuant to notice, a hearing was held at Jackson, Tennessee, on January 8, 1940, before James C. Batten, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. After the introduction of formal papers the Board's attorney informed the Trial Examiner that the parties had reached a tentative agreement settling the case and the Trial Examiner adjourned the hearing indefinitely. On January 9, 1940, counsel for the Board, counsel for the respond- ent, and counsel for the Union entered into a stipulation in settlement of the case subject to the approval of the Board. The stipulation provided as follows : Charges and amended charges having been filed with Charles N. Feidelson, Regional Director of the National Labor Rela- tions Board for the Tenth Region, by the Textile Workers Union of America, alleging that Bemis Bro. Bag Company, the re- spondent herein, had violated Section 8, Subsection (1) (3) and (4) of the National Labor Relations Act (49 Stat. 449) ; and complaint having been issued and served on November 22, 1939 and hearing having been held before a duly authorized agent of the National Labor Relations Board at Jackson, Tennessee 2 3 N. L. R . B. 267. 154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on January 8, 1940, 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 John C. McRee and Alexander E. Wilson, Jr., attorneys for the National Labor Relations Board, Bemis Bro. Bag Company, by its at- torneys, S. J. Everett and Frank Y. Gladney, and Textile Work- ers Union of America, by its attorney, R. H. Brazzell , as follows : 1. The respondent is a corporation duly organized and exist- ing under the laws of the state of Missouri , having its principal office and place of business in the City of St. Louis, State of Missouri. It is engaged in the manufacture , sale and distribu- tion of cotton and paper bags. It operates a mill at Bemis in the State of Tennessee, which is engaged in production and dis- tribution of cotton sheeting . The great bulk of the raw mate- rials used in its Bemis Mill is purchased in the state of Tennessee. Approximately ninety -seven (97%) percent of the products of the Bemis mill is shipped to other plants of the respondent, which are located in states other than Tennessee for further processing. Its purchases for the year 1939 totaled approximately $1,015,000.00 and its products during the same period were valued at approximately $2,000,000.00. For the purpose of this stipulation, and for no other purpose, the respondent admits that it is engaged in interstate commerce within the meaning of Section 2 , Subsections (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 conclusion of law. 3. Upon the pleadings and record in this matter and upon this stipulation the National Labor Relations Board may order the Respondent, its officer , agents, successors , and assigns to : Take the following affirmative action within forty-eight hours (Saturday and Sunday excepted ) after receipt of notice of the approval of this stipulation by the National Labor Relations Board, to effectuate the policies of the National Labor Relations Act : A. Offer to Arthur Weaver reinstatement to his previous posi- tion without prejudice to his former seniority rights and other rights and privileges. B. Pay to the following named persons the amount of money set opposite their respective names in full settlement for loss of pay suffered, and any and all claims to which any of them BEMIS BRO. BAG COMPANIY 155 might be entitled because of any matter set forth in the com- plaint in this matter : (1) Cliff Mayo----------------------------------- $150.00 (2) J. W. Yarbrough----------------------------- 100.00 (3) Eva Reeves Creasy--- ------------------------ 100.00 C. Post the following notice to its employees in conspicuous places in the plant at Bemis,, Tennessee, and maintain such no- tices for a period of at least sixty (60) days from the date of said posting : "NOTICE TO EMPLOYEES "Inasmuch as it has been some time since The Company an- nounced its policy, it seems advisable at this time to repeat what has been said before. "Employees may join any labor union of their own choosing. They may refrain from joining any labor union. The Company takes no position in the matter one way or the other. Each employee must decide for himself. Whether you belong to a labor union or do not belong, you will be accorded the same treatment as any other employee. The National Labor Rela- tions Act declares this: `Employees shall have the 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 purpose of collective bargaining or other mutual aid or protection.' This is the law of the land and the policy of the Company." It is further stipulated that the complaint be dismissed in respect to E. D. Patterson, C. A. King, Sam B. Rice, and Morris Brasher. 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. 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 January 15, 1940, the Board issued its order approving the above stipulation, making it a part of the record, and, in accordance with Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, transferring to and continuing the pro- ceeding before the Board for the purpose of entry of decision and order by the Board pursuant to the provisions of the stipulation. 156 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD Upon the basis of the above stipulation and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, Bemis Bro. Bag Company, is a Missouri corpora- tion with its principal office and place of business at St. Louis, Missouri. It is engaged in the manufacture, sale, and distribution of cotton and paper bags. At Bemis, Tennessee, the respondent oper- ates a plant, herein called the Bemis plant, in which it is engaged in the production and distribution of cotton sheeting. The great bulk of the raw materials used at the Bemis plant are purchased in Ten- nessee but approximately 97 per cent of the products of the Bemis plant are shipped, for further processing, to other plants of the respondent located in States other than Tennessee. The respondent's total purchases for the year 1939 totaled approximately $1,015,000 and the value of its products during the same amounted to approxi- mately $2,000,000. For the purposes of the stipulation the respondent admits that it is engaged in interstate commerce within the meaning of the Act. ORDER Upon the basis of the above findings of fact, the 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 Bemis Bro. Bag Company of St. Louis, Missouri, and its officers, agents, successors, and assigns shall: Take the following affirmative action within forty-eight hours (Saturday and Sunday excepted) after receipt of notice of the approval of this stipulation by the National Labor Relations Board, to effectu- ate the policies of the National Labor Relations Act : A. Offer to Arthur Weaver reinstatement to his previous position without prejudice to his former seniority rights and other rights and privileges. B. Pay to the following named persons the amount of money set opposite their respective names in full settlement for loss of pay suffered, and any and all claims to which any of them might be en- titled because of any matter set forth in the complaint in this matter : (1) Cliff Mayo----------------------------------------- $150.00 (2) J. W. Yarbrough------------------------------------ 100.00 (3) Eva Reeves Creasy--------------------------------- 100.00 BEMIS BRO. BAG COMPANY 157 C. Post the following notice to its employees in conspicuous places in the plant at Bemis, Tennessee, and maintain such notices for a period of at least sixty (60) days from the date of said posting: NOTICE TO EMPLOYEES Inasmuch as it has been some time since The Company an- nounced its policy, it seems advisable at this time to repeat what has been said before. Employees may join any labor union of their own choosing. They may refrain from joining any labor union. The Company takes no position in the matter one way or the other. Each em- ployee must decide for himself. Whether you belong to a labor union .or do not belong, you will be accorded the same treatment as any other employee. The National Labor Relations Act de- clares this : "Employees shall have the 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." This is the law of the land and the policy of the Company. AND IT Is FuRTFIEJ ORDERED that the complaint be, and it hereby is, dismissed with respect to E. D. Patterson, C. A. King, Sam B. Rice, and Morris Brasher.