Cayuga Linen & Cotton Mills, Inc.

In the Matter Of CAYUGA LINEN & COTTON MILLS, INC. and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. C-1430.Deeir d February 9, 1940 Cotton Textile Industry-Settlement : stipulation providing for compliance with the Act, including reinstatement with back pay as to five persons, and recognition of union-Order: entered on stipulation. Mr. Peter Crotty, for the Board. Noble, Leary c6 Leary, by Mr. Perry E. Leary, of Auburn, N. Y., for the respondent. Mr. Fred Biedenkapp, of Hornell, N. Y., for the Union. Mr. Ray Johnson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers Organizing Committee, Local No. 241, and its successor, Textile Workers Union of America, C. I. 0., respectively, hereinafter jointly called the Union, the National Labor Relations Board, 'herein called the Board, by the Regional Director for the Third Region (Buffalo, New York), issued its complaint dated December 16, 1939, against Cayuga Linen & Cotton Mills, Inc., Auburn, New York, herein called the respondent, alleging that the respondent had en- gaged in-and was engaging in unfair labor-practices affecting com- merce, within the meaning of Section 8 (1),'(3), and (5) and Seeiii`on 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged in sub- stance (1) that all production employees of the respondent, excluding firemen, machinists, watchmen, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining; (2) that on February 1, 1939, the Board certified the Union as the exclusive representative of the respondent's employees in the above 20 N.,L. R. B., No. 30. 294 I CAYUGA LINEN & COTTON MIILLS INC'O !RPORATED 295 unit ; 1 (3) that on February 3, 1939, and at all times thereafter, the respondent, although requested, refused to bargain with the Union as the exclusive representative of the employees in the appropriate unit ; (4) that on August 1, 1938, the respondent discharged and there- after refused to reinstate Anthony Bazarnyk, and James McLaughlin, and on July 15, August 24, and September 14, 1939, respectively, dis- .cl ar•.ged= anid thereafter refused:to reinstate Joe Spin, John Martino, and Mary Rizzo, because they joined and assisted the Union and engaged in concerted activities with other employees of the respondent for the purposes of collective -bargaining and other mutual aid and protection; (5) that on or about July 1, 1938, and at all times there- after,' the respondent by making anti-union speeches, and engaging in anti-union conversations with individual employees, by threatening to discharge members of the Union, by locking out employees on August 3, 1939, for'the period of 1 week, and by the foregoing and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On January _2,.1940, -the respondent filed-au.-answer to the complaint in which it admitted 'the allegations concerning the nature and scope of its busi- ness, the certification of the Union as the exclusive representative of the respondent's employees in the appropriate unit, the request by the Union that the respondent bargain with it as the exclusive representa- tive of the employees in such unit, and the termination of employment or lay-off of Anthony Bazarnyk, John Martino, Mary Rizzo, James McLaughlin, and Joe Spin but denied the allegations of unfair labor practices. Pursuant to notice a.hearing. was held on January 8 and 9, 1940, at Auburn, New York, -before Webster Powell, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the beginning of the hearing, counsel for the Board moved to with- draw the -allegations. of. the -complaint that the respondent, by "other acts and conduct," had interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. The Trial Examiner granted the motion. During the course of the hearing the Trial Examiner made several rulings on other motions. The Board has reviewed all the rulings of the Trial Exam- iner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. 'Matter of Cayuga Linen & Cotton hfillR, inc. and Textile li'orkerx Organising Com- mittee, 11 N. L. R. B. 1. 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Thereafter the. respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation. provides as follows : STIPULATION It is hereby stipulated and agreed by and among Cayuga Linen. and Cotton Mills, Inc., (hereinafter sometimes called ' the Re- spondent), Textile Workers Union of America, C. I. O., (herein- after sometimes referred to as the Union), and' Peter Crotty, attorney for the National Labor Relations Board, Third Region, for the purposes of this proceeding, that : 1. Respondent is and has been since December 29, 1914, a cor- poration organized under and existing by virtue of the Laws of the State of New York, and operates -a factory at Auburn, New York, where it is engaged in the manufacture and production. of twine and cotton. From January 1, 1939 to November 30, 1939, the Respondent in its production and manufacture of twine and cotton, used raw materials, consisting principally of cotton yarn and starch valued at approximately Two Hundred Thirty-Four Thousand One Hundred Thirty-Seven Dollars and Sixty-Two Cents ($234,137.62), approximately one hundred percent (100%) of which raw materials were delivered to the Respondent's Au- burn, New York plant from points outside the State of New York. From January 1, 1939, to November 30, 1939, the Re- spondent manufactured and produced at its Auburn, New York, plant, twine and cotton to the approximate value of Two Hun- dred Forty Thousand Seven Hundred Eighty-Nine Dollars and Fifty-Eight Cents ($240,789.58), approximately seventy-five per- cent (75%) of which was shipped by Respondent to points out- side of the State of New York. 2. The Union is the successor to the Textile Workers Organiz- ing Committee, and is a labor organization as defined in Section 2, Subdivision 5 of the National Labor Relations Act. 3. By decision and Certification of Representatives in the case entitled "In the Matter of. Cayuga Linen and Cotton Mills, Inc., and Textile Workers Organizing Committee, Case No. R-1147", the production employees. of the Respondent at its Auburn, New York plant, excluding firemen, machinists, watch- men, clerical, and supervisory employees, in order to insure to them the full benefit of their right-to self-organization. and to collective bargaining, and otherwise to effectuate the policies of the National Labor Relations Act, constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the said Act. G'AYUGA LINEN & COTTON MILLS I N-GO RPORA'TED 297 4. On February 1, 1939, the National Labor Relations Board ,certified that the Union has been designated by a majority of the production employees of Cayuga Linen and Cotton Mills, Inc., Auburn, New York, excluding firemen, machinists, watch- men, clerical and supervisory employees, as their representative for the purposes of collective bargaining and that pursuant to the provisions of Section 9LA of the National Labor Relations Act, the Union is the exclusive representative of all such em- ployees for the purpose of collective bargaining in 'respect to rates of pay, wages, hours of employment, and other conditions .of employment. Since February 1, 1939, solely by reason of the -aforesaid decision and certification of representatives, the Union has been the exclusive representative of all the employees in the unit, by virtue of Section 9-A of the National Labor Rela- tions Act for the purpose of collective bargaining with Respond- ent, in respect to rates of pay, wages, hours of employment and =other conditions of employment. 5. The Respondent and the Union hereby waive any and all further procedure under the Act, and the said Board's Rules and Regulations, includiiig-the ^making of Findings of Fact and Conclusions of Law. . 6. The Respondent represents that it is winding up its busi- ness with a view to dissolution of the corporation, and that the Respondent will cease production on or before March 1, 1940, following which the corporation will be dissolved in due course. 7. Upon the basis of this Stipulation and Agreement, if ap- proved by the National Labor Relations Board, an order may forthwith be entered by the said Board and by the appropriate Circuit Court of Appeals, Respondent expressly waiving further notice of the application by the said Board to said Court for :an. enforcclnent. order proyading, as follows : I. Respondent, its officers, agents, successors, and assigns, shall cease and desist from : a. Refusing to bargain collectively with the Textile Workers Union of America or its representatives as the exclusive repre- sentative of all .its production workers, exclusive of firemen, machinists, watchmen, clerical and supervisory employees. b. Discouraging membership in the Textile Workers Union of America or any other labor organization of its employees by discharging or refusing to reinstate its employees, or in any manner discriminate ,against them as to hire and tenure of em- ployment or any term or condition of employment because of 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their membership in or activity in connection with any such labor organization. c. In any other manner interfering with, restraining or co- ercing its employees in the exercise of their rights to self- organ- ization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activity for the purpose of • collective bargaining or other mutual aid and protection as guaranteed in Section 7 of the National Labor Relations Act. II. Respondent, its officers, agents, successors, and assigns, shall take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : a. If the Respondent, its agents, successors, or assigns, are in production on and after March 1, 1940, it shall upon request bargain collectively with the Textile Workers Union of America, or its representative, as the exclusive representative of all its production workers, exclusive of firemen, machinists, watchmen, clerical, and supervisory employees. b. Offer to James McLaughlin, Anthony Bazarnyk, Joe Spin, John Martino and Mary Rizzo, immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privileges. c. Make whole the following named persons for any losses they may have suffered by reason of their discharge or by reason of the refusal of the Respondent to reinstate them, by payment to each of them of the amounts set forth opposite the name of each, said amounts to be- paid. immediately,:. upon. notificatiom.to.-.thee Respondent of the approval of this Stipulation by the National Labor Relations Board : James McLaughlin---------------------------------- $ 75.00 Anthony Bazarnyk-------- -------------------------- 200.00. Joe Spin-------------------------=----------------- 162. 50 John Martino- -------------------------------------- 162.50 Mary Rizzo----------- ------------------------------ 100.00 d. Post immediately in conspicuous places throughout its Au- burn, New York,. plant, and maintain for a period of at least sixty- (60) consecutive days,;.copies„of:the,,Board Order entered herein. e. Notify the Regional Director for the Third Region in writ- ing within ten (10) days from the date of the Board Order entered herein, what steps Respondent has taken to comply herewith. 8. It is further Stipulated and Agreed that the entire agree- Inent between the parties is contained within the terms of this OAYU,GA LINEN & COTTON MILLS INCORPORATED 299 Stipulation, and there is no verbal agreement of any kind which varies, alters, or adds to this'Stipulation in any respect. 9. It is further Stipulated and Agreed that the issues raised in this proceeding are hereby compromised and settled. On January 29, 1940, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of a decision and order by the, Board. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT The respondent, Cayuga Linen & Cotton Mills, Inc., a New York corporation with its principal office and place of business at Auburn. New York, is engaged in the manufacture of twine and cotton prod- ucts. The principal raw materials used by the respondent are cotton yarn and starch. From January 1, 1939, to November 30, 1939, the respondent used raw material's valued at $234;137.62, almost all of which were shipped to the respondent from points outside the State of New York. During the same period the respondent manufactured products valued at $240,789.58, approximately 75 per cent of. which were shipped to points outside the State of New York. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and stipulation, and pursuant to Section 10 (c) of-the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Cayuga Linen & Cotton Mills, Inc., Auburn, New York, and its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Refusing to bargain collectively with the Textile Workers Union of America or its representatives as the exclusive represen- tiive:=ofr= all its. production workers,. exclusive of firemen, machinists, watchmen, clerical, and supervisory employees; (b) Discouraging membership in the Textile Workers Union of America or any other labor organization of its employees by dis- charging or refusing to reinstate its employees, or in any manner discriminate against them as to hire and tenure of employment or any term or condition of employment because of their membership in or activity in connection with any such labor organization ; 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) In any other 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 con- certed activity for the purpose of collective bargaining or other mutual aid and protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Respondent, its officers, agents, successors, and assigns, 'sliall--take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) If the respondent, its agents, successors, or assigns, are in production on and after March 1, 1940, it shall upon request bargain collectively with the Textile Workers Union of America, or its repre- sentative, as the exclusive representative of all its production workers, exclusive of firemen, machinists, watchmen, clerical, and supervisory employees ; (b) Offer to James McLaughlin, Anthony Bazarnyk, Joe Spin, John Martino and Mary Rizzo, immediate and full reinstatement to their former positions without prejudice to their seniority or other rights and privileges ; (c) Make whole the following named persons for any losses.they may have suffered by reason of their discharge or by reason 'of the refusal of the respondent to reinstate them, by payment to -each of them of the amounts set forth opposite the name of each, said amounts to be paid iimediately upon notification to the respondent of the approval of this stipulation by the National Labor Relations Board : James McLaughlin--------------------------------------- $75.00 Anthony Bazarnyk_______________________________________ 200.00 Joe Spin------------------------------------------------- 162.50. John Martino-------------------------------------------- 162.50 Mary Rizzo---------------------------------------------- 100.00 (d) Post immediately in conspicuous places throughout its Auburn, New York, plant, and maintain for a period of at least sixty (60) consecutive days, copies of the Board Order entered herein; (e) Notify the Regional Director for the Third Region in writing within ten (10) days from the date of the Board Order entered herein, what steps respondent has taken to comply herewith.