Narragansett Plush Co., Inc.

In the Matter of NARRAGANSETT PLUSH CO., INC. and TEXTILE WORKERS ORGANIZING COMMITTEE, LOCAL No. 28 OF THE C. I. O. Case No. C-1022.-Decided April 8, 1940 Upholstery Fabrics Manufacturing Industry-Settlement : stipulation between respondent and attorney for Board , providing for compliance with Act, including discharge of new employees hired after removal of plant from Pawtucket to Fall River ; offer of immediate reinstatement at new plant without back pay to 11 employees in so far as work available , and preferential status for those not offered immediate reinstatement ; offer of reinstatement without back pay to 1 additional employee as soon as work such as was formerly done by said em- ployee becomes available ; and recognition of Union-Protest: stipulation approved by Board over protest of Union-Order : entered on stipulation and record. Mr. Albert J. Hoban and Mr. Bernard J. Donoghue, for the Board. Mr. Albert Lantliier, of Central Falls, R. I., for the respondent. Mr. Alfred Udoff, of New York City, for the Union. Mr. David Findling, 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. 28,1 affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the First Region (Boston, Massachusetts), issued its complaint, dated July 23, 1938, against Narragansett Plush Company, Inc.,2 Fall River, Massachusetts, 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), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 23, 1938, copies of the complaint and notice of hearing thereon were duly served upon the respondent and the Union. Now Textile workers Union of America, Local No. 28. See Section II, infra. 2 Also sometimes refereed to in the record as Narragansett Plush Co , Inc. 22 N. L R. B, No. 50. 802 NARRAGANSETT PLUSH CO., INC. 803 With respect to the unfair labor practices the complaint alleged in substance (1) that the respondent, on or about November 15, 1937, closed its plant-at Pawtucket, Rhode Island, and discharged all of its production and maintenance employees therefrom, and, on or about December 1, 1937, transferred its operations to Fall River, Massachusetts, 3 in order to evade the obligations of a contract entered into with the Union on or about April 16, 1937, and to avoid bargaining collectively with the Union which had been duly desig- nated by a majority of the respondent's employees in an appropriate unit as their respresentative for such purposes, and that the respond- ent thereby refused to bargain collectively, with the Union as such representative; (2) that the respondent on or about November 15, 1937, discharged from its plant at Pawtucket as aforesaid, and there- after refused to recall to employment at its plant at Fall River, 13 named employees, 4 being production and maintenance employees of the respondent at the Pawtucket plant, because they had joined and assisted the Union and engaged in concerted activities with other em- ployees for the purposes of collective bargaining and other mutual aid and protection, and that the respondent thereby discriminated in regard to the hire and tenure of employment of the aforesaid 13 employees and discouraged membership in the Union; and (3) that the respondent, by these acts and other acts, interfered with, re- strained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On August 1, 1938, the respond- ent filed its answer in which it admitted the allegations of the com- plaint with respect to the conduct of its business and the removal of its operations to Fall River, but denied the averments of unfair labor practices. Pursuant to notice, a hearing was held on August 1 and 2, 1938, at Providence, Rhode Island, before Peter F. Ward, the Trial Ex- aminer duly designated by the Board. The Board and the respond- ent were represented by counsel and participated in the hearing. At the opening of the hearing, the attorney for the respondent re- quested an adjournment, which was granted on August 2 before the taking of any testimony. Pursuant to the order of adjournment, the hearing was continued on August 8, 9, and 10, 1938, at Providence, Rhode Island, before James C. Paradise, the Trial Examiner duly 3It appeared at the hearing that the respondent's Pawtucket plant was closed on November 16, 1937 , and that its machinery and equipment were moved to Fall River on November 26, 1937 + Laurier Heroux, Joseph Heroux , Gerard Heroux (also sometimes referred to as Girard Heroux ), Emilienne Heroux , Donat Vincent, Amedee Gaboriault (also sometimes referred to as Amedee Gabriault and as Anedee Gaborlault ), Maurice Gaudreau , Alfred Plouffe, Emil Lemay, Leon Therrien, Ephren Hanley (also sometimes referred to as Ephraim Hanley), Jeannette Stebbins , and Fred Odell 804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD designated by the Board in place and stead of Peter F. Ward. The Board and the respondent were again represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On November 2, 1938, the Trial Examiner issued his Intermediate Report, which was thereafter filed with the Board, and copies of which were duly served upon the respondent and the Union. In his Inter- mediate Report the Trial Examiner found 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 (5) and Section 2 (6) and (7) of the Act and recommended that the respondent cease and desist from the unfair labor practices; reinstate with back pay certain named employees found by him to have been discriminatorily discharged ; 5 upon request, bargain collectively with the Union ; and take certain other specified affirinative action to effectuate the policies of the Act. On November 16, 1938, the respondent filed exceptions to the Intermediate Report and requested oral argument before the Board, and thereafter filed a brief in support of its exceptions. Pur- suant to notice served upon the respondent and the Union, a hearing for the purpose of oral argument was had before the Board on August 31, 1939. The respondent did not appear at the hearing, and the Union, which appeared by counsel, waived oral argument. On March 18, 1940, the respondent and counsel for the Board entered into a stipulation in settlement of the case subject to the approval of the Board. The stipulation provides as follows : A Trial Examiner of the National Labor Relations Board (hereinafter called the "Board") on November 2, 1938, having duly issued his Intermediate Report in the above-entitled matter, and it being the desire of the parties hereto to dispose of the matters involved by mutual agreement, and the parties hereto having this day entered into a consent decree disposing of the matters arising under the Intermediate Report of said Trial Examiner, It is hereby stipulated and agreed by and between the parties hereto as follows : 1. The Narragansett Plush Company, Inc., hereinafter called the respondent, is a Rhode Island corporation, licensed to do busi- G I. e , all of the employees named in footnote 4, supra, with the exception of Jeannette Stebbins and Fred Odell . The Trial Examiner found that Stebbins had also been dis- crinunatorily discharged ; however, since he also found that work such as was formerly done by her had not been available since the date of her discharge , he recommended that she be offered reinstatement to her position as soon as such work became available, but with no provision for back pay He made no finding or recommendation as to Odell, who did not testify at the hearing NARRAGANSETT PLUSH CO., INC. 805 ness in the Commonwealth of Massachusetts. Until November 15, 1937, its principal place of business was at Pawtucket, Rhode Island. Thereafter it removed its operations to Fall River, Mas- sachusetts, where it is still located. Respondent is engaged in the manufacture and sale of upholstery fabrics. The principal raw materials used are cotton, rayon, and mohair. Over 75 per cent of these are transported to respondent's plant at Fall River from states other than Massachusetts. When respondent's plant was at Pawtucket, all of the raw materials were shipped from states other than Rhode Island. Purchases of yarns by respondent in the year ending in April 1938 totalled about 90,000 pounds. Its sales during the same period totalled about $127,000. The greater part of said sales was delivered to points outside the State of manufacture, whether Rhode Island or Massachusetts. 2. Textile Workers' Union of America, formerly the Textile Workers Organizing Committee, is a labor organization affiliated with the Congress of Industrial Organizations, formerly the Com- mittee for Industrial Organization. It admits to membership all production and maintenance workers in the employ of respondent, but excludes supervisory and clerical employees. Local 28 is a plush workers' local which admits to membership the employees of respondent and of one other company. 3. The parties hereto waive all further hearings, procedure and rights to which they may be entitled under the Act or Rules and Regulations of the Board, including the making of findings of fact and conclusions of law by the Board. 4. Upon the record in the above-entitled matter, including the pleadings, formal papers, transcript of testimony, exhibits, Intermediate Report of the Trial Examiner, and upon this stipulation, the Board may, without further notice to the re- spondent and with its consent, which is hereby expressly granted, enter its Order in the following form : ORDER Upon the basis of the foregoing findings of fact and con- clusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board here- by orders that the respondent, Narragansett Plush Company, Inc., and its officers, agents, successors, and assigns shall: 1. Cease and desist from' interfering with, restraining, or coercing its employees in the exercise of their right to self-or- ganization, to form, join, or assist the Textile Workers' Union of America, formerly the Textile Workers Organizing Commit- tee, Local 28, of the C. I. 0., or any other labor organization, 283033-41-v of 22--5 2 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. 2. Cease and desist from : (a) Discouraging membership in the Textile Workers' Union of America, formerly the Textile Workers Organizing Com- mittee, Local 28, of the C. I. 0., or any other labor organization, by discrimination in regard to hire or tenure of employment or condition of employment; (b) Refusing to bargain collectively with the Textile Work- ers' Union of America, formerly Textile Workers Organizing Committee, Local 28, of the C. I. 0., as the representative of respondent's production and maintenance employees, excluding executives of respondent, supervisory and clerical employees. 3. In order to effectuate the policies of the Act, take the follow- ing affirmative action : (a) Offer to Laurier Heroux, Joseph Heroux, Gerard Heroux Emilienne Heroux, Donat Vincent, Amedee Gaboriault, Maurice Gaudreau, Alfred Plouffe, Emil Lemay, Leon Therrien, and Ephren Hanley immediate and full reinstatement to their former positions without prejudice to their seniority and other rights and privileges, in so far as work is now available for each of them; and if no work is now available for some of said em- ployees, they shall be given preference in hiring when work becomes available for them and shall be offered employment before other persons; (b) Offer to Jeannette Stebbins full reinstatement to her former position, without prejudice to her seniority and other rights and privileges, as soon as work such as was formerly done by said Jeannette Stebbins is available in the Fall River plant; (c) Upon request, bargain collectively with the Textile Work- ers' Union of America, formerly the Textile Workers Organiz- ing Committee, Local 28, of the C. I. 0., as the exclusive representative of respondent's production and maintenance em- ployees, excluding executives, and supervisory and clerical em- ployees, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (d) Dismiss all persons, except stockholders, of respondent, hired since November 16, 1937, to perform the work formerly done by the employees listed in paragraph 3 (a) above, if neces- sary to effectuate this Order; (e) Post immediately in conspicuous places in its plant at Fall River, Massachusetts, and maintain for a period of at least sixty (60) consecutive days, notices to its employees, stating (1) NARRAGANSETT PLUSH CO., INC. 807 that respondent will cease and desist in the manner aforesaid and (2) that respondent will, upon request, bargain with the Textile Workers' Union of America, formerly the Textile Work- ers Organizing Committee, Local 28, of the C. I. 0., as the exclusive representative of respondent's production and mainte- nance employees, excluding executives, and supervisory and clerical employees, with respect to rates of pay, wages, hours of employment, and other conditions of employment; (f) Notify the Regional Director for the First Region on or before ten (10) days from the date of this Order, in writing setting forth in detail the manner and form in which it has complied with the foregoing requirements. 5. The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application by the Board, of a consent decree, copy of which is annexed hereto,6 enforcing the order of the Board in the form hereinabove set forth and hereby waives further notice of the application for such decree. 6. This Stipulation and Decree are made subject to the approval of the Board and shall become effective immediately upon said approval. If the Board does not approve this Stipu- lation and Decree, they shall be deemed void and be without prej - udice to the rights of the parties hereto, and shall not be used as evidence in this or any other case. 7. This Stipulation and Decree embody the entire agreement between the parties hereto, and there is no verbal or other agree- ment of any kind which varies, alters or adds to this Stipulation and Decree. On March 22, 1940, the Union notified the Board that it did not agree to the proposed settlement since the persons alleged in the complaint to have been discriminatorily discharged "did not sign back pay releases." On March 23, 1940, the Board, having duly considered the matter, issued its order approving the above stipula- tion and consent decree and making them part of the record. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, a Rhode Island corporation, is engaged in the manufacture and sale of upholstery fabrics. Its plant and principal 0 A draft form of the consent decree to be entered appears in the record annexed to said stipulation. 808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD office are located in Fall River, Massachusetts, to which it moved its operations from Pawtucket, Rhode Island, after November 15, 1937.7 The principal raw materials used in its business are cotton, mohair, and rayon, of which it purchased approximately 90,000 pounds during the fiscal year from May 1, 1937, to April 30, 1938. During that year all of the raw materials used at the Pawtucket plant, and in excess of 75 per cent of the raw materials used at the Fall River plant, were shipped to those plants from points outside the States of Rhode Island and Massachusetts, respectively. During the same period the respondent's sales aggregated approximately $127,000 and the greater part of its finished products was delivered to points out- side the State of manufacture, whether Rhode Island or Massa- chusetts.' We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATION INVOLVED Local No. 28, Textile Workers Union of America, formerly Textile Workers Organizing Committee, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to mem- bership production and maintenance employees of the respondent. 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, Narragansett Plush Company, Inc., and its officers, agents, successors, and assigns shall: 1. Cease and desist from interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist the Textile Workers' Union of America, formerly the Textile Workers Organizing Committee, Local 28, of the C. I. 0., or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in con- See footnote 3, supra. As appear s from the testimony of the respondent 's accountant at the hearing, finished products valued at $86,000 were sold while the plant was in Pawtucket and finished rroducts valued at $41,000 were sold after the plant moved to Fall River; 05 per cent in value of the finished products sold while the plant was located in Pawtucket , and 50 pei cent in value of the finished products sold after the plant was moved to Fall River were shipped to points outside the States of Rhode Island and Massachusetts , respectively. NARRAGANSETT PLUSH CO.,INC. 809 certed activities, for the purpose of collective bargaining or other mutual aid or protection. 2. Cease and desist from : (a) Discouraging membership in the Textile Workers' Union of America, formerly the Textile Workers Organizing Committee, Local 28, of the C. I: 0., or any other labor organization, by dis- crimination in regard to hire or tenure of employment or condition of employment; (b) Refusing to bargain collectively with the Textile Workers' Union of America, formerly Textile Workers Organizing Committee, Local 28, of the C. I. 0., as the representative of respondent's produc- tion and maintenance employees, excluding executives of respondent, supervisory and clerical employees. 3. In order to effectuate the policies of the Act, take the follow- ing affirmative action : (a) Offer to Laurier Heroux, Joseph Heroux, Gerard Heroux, Emilienne Heroux, Donat Vincent, Amedee Gaboriault, Maurice Gaudreau, Alfred Plouffe, Emil Lemay, Leon Therrien, and Ephren Hanley immediate and full reinstatement to their former positions without prejudice to their seniority and other rights and privileges, in so far as work is now available for each of them; and if no work is now available for some of said employees, they shall be given preference in hiring when work becomes available for them and shall be offered employment before other persons; (b) Offer to Jeannette Stebbins full reinstatement to her former position, without prejudice to her seniority and other rights and privileges, as soon as work such as was formerly done by said Jean- nette Stebbins is available in the Fall River plant; (c) Upon request, bargain collectively with the Textile Work- ers' Union of America, formerly the Textile Workers Organizing Committee, Local 28, of the C. I. 0., as the exclusive representative of respondent's production and maintenance employees, excluding executives, and supervisory and clerical employees, in respect to rates of pay, wages, hours of employment, and other conditions of em- ployment; (d) Dismiss all persons, except stockholders, of respondent, hired since November 16, 1937, to perform the work formerly done by the employees listed in paragraph 3 (a) above, if necessary to effectuate this Order; (e) Post immediately in conspicuous places in its plant at Fall River, Massachusetts, and maintain for a period of at least sixty (60) consecutive days, notices to its employees, stating (1) that respondent will cease and desist in the manner aforesaid and (2) 810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that respondent will, upon request, bargain with the Textile Work- ers' Union of America, formerly the Textile Workers Organizing Committee, Local 28, of the C. I. 0., as the exclusive representative of respondent's production and maintenance employees, excluding executives, and supervisory and clerical employees, with respect to rates of pay, wages, hours of employment, and other conditions of employment ; (f) Notify the Regional Director for the First Region on or be- fore ten (10) days from the date of this Order, in writing setting forth in detail the manner and form in which it has complied with the foregoing requirements.