Sport-Wear Hosiery Mills

In the Matter of SPORT-WEAR HosiERY. MILLS and AMERICAN FEDERA- TION OF HosIERY WORKERS OF THE TEXTILE WORKERS UNION OF AMERICA Case No. C-1548.-Decided May 6, 1940 Hosiery Manufacturing Industry-Settlement: stipulation providing for com- pliance with the Act, including reinstatement of one employee when plant operations are resumed-Order: entered on stipulation. Mr. John C. McKee and Mr. Warren Woods, for the Board. Mr. K. K. Webb, of Etowah, Tenn., and Mr. K. A. Davis, of Jones d Davis, of Athens, Tenn., for the respondent. Mr. H. G. B. King, of Chattanooga, Tenn., for the Union. Mr. J. H. Krug, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by American Federation of Ho- siery Workers of the Textile Workers Union of America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint, dated February 12, 1940, against Sport- Wear Hosiery Mills, Etowah, Tennessee, herein called the respondent, alleging that 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. Copies of the complaint and notices of hearing thereon were duly served upon the respondent and upon the Union. Concerning the unfair labor practices, the complaint alleged (a) that on or about February 13, 1939, the respondent discriminatorily discharged and thereafter refused to reinstate Maud Tackett be- cause she had joined and assisted the Union; and (b) that by the foregoing acts, by declaring that it would move its plant rather than deal with the Union, by attacking the Union in a derogatory fashion, by instigating and supporting a movement among its employees to 23 N. L. R. B., No. 44. 534 SPORT-WEAR' HOSIERY' MILLS 535, form a labor organization among its employees, known as the Etowah Mutual Welfare Association, and by other acts, the respond- ent interfered with, restrained, and, coerced its employees in the ex- ercise of the rights guaranteed in Section 7 of the Act. Thereafter, the respondent filed an answer to the complaint, in which it admitted certain of the allegations with respect _ to its business and denied others; denied that it had engaged in the unfair labor practices alleged; and, with respect to the alleged discriminatory discharge, averred that Tackett was not discharged but that she had been laid off because of insufficient work. As a further defense, 'the respondent alleged in its answer that, with respect to the case of Tackett, it had entered into with a representative of the Board a settlement -pro- viding for the posting of a notice by the respondent, that the re- spondent had complied therewith, that the settlement had been made and carried out with the knowledge and approval of the Union, and that the Board was thereby precluded from proceeding with the case. Pursuant to notice a hearing was held on February 29 and March 1, 1940, at Athens, Tennessee, before James C. Batten, the Trial Ex- aminer duly designated by the Board. The respondent, the Union, and the Board were represented by counsel and participated in the hearing. All parties were afforded full opportunity to be heard,, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. 'On March 1, 1940, the respondent, the' Union, and counsel for the Board entered into a stipulation in settle- ment of the case, subject to the Board's approval. This stipulation was read into evidence without objection and the hearing was there- upon closed. The aforesaid stipulation was not approved by the Board, and on April 15, 1940, the same parties entered into an amended stipulation in settlement of the case, (herein called the amended stipulation, subject to the Board's approval. The amended stipulation provides as follows : Charges having been filed with Charles N. Feidelson, Regional Director of the National Labor Relations Board for,the Tenth Region, by the American Federation of Hosiery Workers of the Textile Workers' Union of America, a labor organization, on February 21, 1939, and amended on February 12, 1940, alleging that the respondent, Sport-Wear Hosiery Mills, had violated Section 8 (1) and (3) of the National Labor Relations Act, 4' Stat., 449; and complaint having been issued and served on all parties and hearing having been held before a duly authorized agent of the National Labor Relations Board, at Athens, Ten- nessee, on February 29 and March 1, 1940; and it being the 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD intention of the parties to dispose of the matters which have arisen : STIPULATION It is hereby stipulated and agreed by and among Sport-Wear Hosiery Mills by its attorneys R. R. Webb and Jones & Davis, and American Federation of Hosiery Workers of the Textile Workers' Union of America, by its attorney, H. G. B. King, and John C. McRee, attorney for the National Labor Relations Board, as follows : 1. Sport-Wear Hosiery Mills is incorporated in the State of Pennsylvania, and is licensed to do business in the State of Tennessee. Sport-Wear Hosiery Mills is engaged in the manu- facture, sale and distribution of men's and boy's socks and golf hose. It operates three (3) plants which are located in the fol- lowing towns : Philadelphia, Pennsylvania, New Cumberland, Pennsylvania, and Etowah, Tennessee. The principal raw mate- rial used in the Etowah plant is cotton yarn and during the period from July 1st to December 31st, 1939, the weekly average of yarn used in this plant was in excess of four thousand (4000) pounds. During the same period the average weekly production in this plant was approximately forty-five hundred (4500) dozens socks and Bose. Approximately-fifty (50) per cent of the yarn used in the Etowah plant is shipped to the plant from states other than the State of Tennessee. Approximately ninety-five (95) per cent of the socks and hose produced in the said plant is shipped to customers outside of the State of Tennessee. The average market value of the socks and hose produced is one and 15/100 dollars ($1.15) per dozen. During normal production, the Etowah plant employs in excess of one hundred (100) workers. Sport-Wear Hosiery Mills admits that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the said National Labor Relations Act. 2. Respondent will offer reinstatement to Maud Tackett upon resumption of operations of the company in Etowah, Tennessee, to her former position as mender, (press menders excluded) with- out prejudice to seniority and other rights, as seventh (7th) in the order of reemployment of menders who were employed during the year 1939, but are at present in a laid off status. Nothing in, this stipulation is to be understood as committing respondent to any definite or certain policy with respect to seniority or the order of reemployment of its employees, other than that as stated above. SPORT-WEAR HOSIERY MILLS 537 3. The respondent, Sport-Wear Hosiery Mills, waives all fur- ther or other procedure provided by the National Labor Rela- tions Act, of the Rules and Regulations of the National Labor Relations Board, including the making of findings of fact and conclusions of law. 4. Upon the basis of this stipulation and the pleadings here- tofore filed, and by agreement of the parties hereto, the National Labor Relations Board, may enter its order in the following form, in the above entitled case: ORDER The National Labor Relations Board hereby orders that Sport- Wear Hosiery Mills, its officers, agents, successors and assigns : 1. Shall not : (a) In any manner interfere with, restrain or coerce its em- ployees 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) Discourage membership in the American Federation of Hosiery Workers, or in any other labor organization by dis- crimination in regard to hire or tenure of employment or any other term or condition of employment or in any other manner. 2. Take the following affirmative action which will effectuate the policies of the National Labor Relations Act : (a) Offer to Maud Tackett reinstatement to her former posi- tion as mender, as the seventh (7th) mender employed after operations are resumed in the company's Etowah, Tennessee plant. (b) After operations are resumed, post immediately in con- spicuous places, throughout its Etowah, Tennessee. plant, and maintain for a period of at least sixty (60) consecutive days, notices stating that the respondent will not do the things set out in 1, (a) and (b), just above. (c) Notify the Regional Director of the Tenth Region of the National Labor Relations Board, in writing within 10 days after operations are resumed, what steps have been taken to comply herewith. 5. Respondent, Sport-Wear Hosiery Mills, hereby consents to the entry by the appropriate United States Circuit Court of Appeals, upon application by the Board, of a consent decree 538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD enforcing an Order of the Board in the form hereinabove set forth, and hereby waives further notice of the application for such decree. 6. It is understood and agreed that the order to be entered by the National Labor Relations Board is a settlement and a consent order, and is to be entered without any finding or admis- sion that the respondent has been guilty of any violation of the National Labor Relations Act. 7. 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, this 'stipulation. 8. It is understood and agreed that, this stipulation is subject to the approval of the;National Labor. Relations Board, and it becomes effective immediately upon receipt .of the granting of such approval., 9.,It is understood and agreed that this stipulation is in lieu of, and is substituted .for; the stipulation which .was dictated into the record at the hearing on March 1, 1940, and is to have the same force and effect as if it had been. signed on March 1, 1940. • On April 22, 1940, the Board issued- its order approving the amended stipulation, making if part of .the 'record in 'the case, and transferring the proceeding to' the Board for the purpose 'of entry of a, decision and order by the - Board, pursuant to 'the 'provisions of the amended stipulation. " Upon the•basis•of the amended stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I.` THE BUSINESS OF THE'RESPONDENT The 'respondent, a Pennsylvania corporation, is engaged in the manufacture, sale, and distribution of men's and boys' socks and golf hose. It operates three plants, which are located in Philadelphia, Pennsylvania, New Cumberland, Pennsylvania, and Etowah, Tennessee. , Approximately 50 'per cent of the cotton yarn, which is the princi- pal raw material used, is shipped to the Etowah plant from States other than the State of Tennessee. During the period July 1 to December 31, 1939, the average of such yarn. used at the Etowah plant was in excess of 4000 pounds: Approximately 95 per cent of the socks and hose produced at the Etowah plant are shipped to customers outside the State of Ten- SPORT-WEAR HOSIERY MILLS 539 nessee.:, During'the "period- July 1- to December 31;' 1939; the weekly production at the Etowah';_ plant was, approximately 4500 dozens- socks and hose 'of the, average market- value of $1:15 per dozen. -...During, normal. production. the Etowah plant employs ;in excess of 100 workers. _ The:-respondent-'admits that it is ;engaged in interstate .commerce within. the meaning of Section•2 (6) and (7) of the National Labor Relations Act._ ^,; We,.find;that the:respondexit'is, engaged iri'trade,, traffic, and, com- merce among the several States, and that the unfair labor, practices set, forth-in the .complaint, occurring' in connection -with 'the opera- tions of4he,iespondent,described in the preceding paragraphs•herein; have a close, -intimate,-and substantial kelation_ to -trade, traffic;_ and commerce among the several States, and tend to lead to labor.-.dis- putes burdening and obstructing commerce and the free flow of r^commerce. II. THE ORGANIZATION INVOLVED American Federation of Hosiery Workers of the Textile Workers Union of America, herein called the Union, is a labor organization, admitting to its membership employees of the respondent.' ORDER On the basis of the above findings of fact, the amended stipula- tion, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that the respondent, Sport-Wear Hosiery Mills, Etowah, Tennessee, and its officers, agents, successors, and assigns : 1. Shall not : (a) In any manner interfere with, restrain, or coerce its em- ployees 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) Discourage membership in the American Federation of Hosiery Workers of the Textile Workers Union of America, or in any other labor organization by discrimination in regard to hire or tenure of employment or any other term or condition of employment or in any other manner. 1 The Union Is affiliated with the Congress of Industrial Organizations. 540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action which will effectuate the policies of the National Labor Relations Act : (a) Offer to Maud Tackett reinstatement to her former position as mender, as the seventh (7th) mender employed after operations are resumed in the respondent's Etowah, Tennessee, plant; (b) After operations are resumed, post immediately in conspicu; ous places, throughout its Etowah, Tennessee, plant, and maintain for a period of at least sixty (60) consecutive days, notices stating that the respondent will not do the things set out in 1 (a) and (b) of this Order; (c) Notify the Regional Director of the Tenth Region of the National Labor Relations Board, in writing, within ten (10) days after operations are resumed, what steps have been taken to comply herewith.