Sun Manufacturing Co.

In the'Matter of SUN MANUFACTURING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS and UNITED GARMENT WORKERS OF AMER- Ic, LOCAL 104, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT Case No. C-1681-Decided October 5, 1940 Jurisdiction : garment manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Paul F. Nachtman, for the Board. Mr. 'Charles H. Mayer, of. St. Joseph, Mo., for the respondent. Mr. Hyman Reiff, of Kansas City, Mo., for the Amalgamated. Mr. Joseph A. Padway by Mr. Henry Kaiser, of Kansas City, Mo., for the United. Mr. Frederick R. Levinstone, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges filed by Amalgamated Clothing Workers of America,, affiliated with the Congress of Industrial Or- ganizations, herein called the Amalgamated, the National Labor Relations Board, herein called the Board, by Hugh E. Sperry, Re- gional Director for the Seventeenth Region (Kansas City, Missouri), issued a complaint dated August 22, 1940, against Sun Manufac- turing Company, herein called the respondent, alleging that the re- spondent had engaged and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. With respect to the unfair labor practices.the complaint alleged in' substance (1) that ; during the period from August 23,, 1939, through March 22,. 1940, the respondent discharged seven of its 27 N. L. R. B., No. 124. 659 660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees 1' because they joined and assisted the Amalgamated, thereby discriminating as to the hire and tenure of their employment and discouraging membership in the Amalgamated; (2) that on or about September 1, 1939, the respondent, through its officers and agents and persons -acting in its -behalf, dominated and interfered' with the formation and, administration of the Sun- Manufacturing Company Employees Association, herein called the Independent; (3) that on .or about September 20, 1939, the respondent closed down its plant and locked out approximately 261 of its employees and did' fail and refuse to reinstate them until October 2, 1939, there- by discouraging membership 'in the Amalgamated. and.assisting the Independent and the United Garment Workers of America, Local 104, affiliated with the American Federation of Labor, herein called' the United; (4) that on or about September 26, 1939, the respondent invited the United to send organizers to its plant at St. Joseph; Missouri, to organize its employees into the United, and that on October 6, 1939,' the respondent entered into a closed-shop contract with* the United, although the United at 'the time the aforesaid agree- ment was entered into was not the representative of the respondent's employees, within the meaning of Section 9 (a), and the proviso of Section 8 (3) of the Act; and (5) that by these and other acts the respondent interfered with, restrained,, and coerced its employees in - the exercise of the rights guaranteed in Section 7 of the Act. On, September 20, 1940, the respondent, the Amalgamated, the United,, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows: It is hereby stipulated' and, agreed by and between Sun Manu- facturing Company, hereinafter referred to as the Respondent, by James E. Cox, its President, and Charles H. Mayer, its attor- ney'; Amalgamated Clothing Workers of America, affiliated'` with- the Congress of Industrial Organizations, hereinafter re- ferred to as the Union, by its representative,, Hyman Reiff ; United Garment Workers of America, Local 104, 'affiliated with the American' Federation of Labor, party to the contract, herein- after referred to as the United, by its representative Robert W. Reynolds and Henry Kaiser, its -attorney; and Paul F. Nachtman, Attorney, National Labor Relations Board, Seven- teenth Region, as follows : - - I 1: 'Upon charges and amended charges duly filed by the Union, the National Labor- Relations Board, through Hugh E. Sperry, - ' The names of these employees are Pearl Masters, Goldie Foley, Bonnie Magin , Lottie Pettet, Mabel Wiggington, Daisy Dyer, and Bernice Dennis. - f `SUN ^ MANUFACTURING COMPANY '.661 Regional Director, 'Seventeenth Region, National Labor Rela- tions Board, agent , of the National Labor Relations Board, acting -pursuant to the authority granted in Section 10' (b) of the National Labor Relations Act, approved July 5, 1935, and acting pursuant to its Rules and Regulations,- Series 2, as amended, Article IV, Section 1, issued its complaint and notice of hearing on the, twenty-second day of August, nineteen hun- dred and forty (1940), against Sun Manufacturing Company, Respondent herein. 2. It is hereby stipulated and agreed, subject to the approval of the National Labor Relations Board, that : (a) All parties expressly waive their right to file answers or, other pleadings; waive their right to a hearing; waive their right to offer evidence and to the taking of testimony in a hear- ing of said matter ; (b) All parties waive the making of findings of fact and conclusions of law by the National Labor Relations Board; (c) All parties expressly consent to the issuance by the Na-' tional- Labor Relations Board of a decision and order based upon this stipulation, as hereinafter set out. II It is stipulated and agreed that : 1. Respondent is- and has been since September 12, 1933, a corporation organized under and existing by virtue of the laws of the State of Missouri, having general offices and a place of business in the city of St. Joseph, County of Buchanan, State of Missouri, where it operates and maintains its plant, which is engaged in the manufacture, sale, and distribution of shirts and jackets. - 2. Respondent, in the course and conduct of its business, at its St. Joseph, Missouri, plant, manufactures, sells, and distributes shirts and jackets in wholesale .quantities under the trademarks of "Red Seal Work Shirts," "Green Seal Work Shirts," "Unicorn Dress and Semi-dress Shirts," "R. R. King Overalls and Jackets," "Red Seal Overalls and Jackets," "Silver King Overalls and Jackets," "King Shirts, Overalls and Jackets," and "Western Special Overalls and Jackets." 3. Respondent, in the course and conduct of its business at its St. Joseph, Missouri, plant manufactures, sells, and distributes shirts and jackets in wholesale quantities to customers located in the States of Missouri, Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Montana, Nevada, North 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Carolina, Ohio, Oregon, South Carolina, South Dakota, Tennes- see, Texas, Virginia, Washington, and other states of the United States. Approximately 95% of the -raw, materials used by the Respondent in the manufacture of its products is received from states other than the State of Missouri. In excess of 9517o of the merchandise manufactured and finished is sold 'and distributed in states of the United States other than the State of Missouri. The total gross sales of the Respondent are in excess of $700,000 per annum. 4. The aforesaid operations of the Respondent occur in the course of, and affect, commerce among the several states and are synchronized by planning, scheduling, and coordinating to main- tain a flow of merchandise through its plant ' and are essentially connected with and dependent upon purchases, sales, shipments, and productive and distributive operations outside the. State of Missouri. 5. Respondent is engaged in interstate commerce "within the meaning of Section 2 (0) and (7)' of the National Labor Relations Act. III It is stipulated and agreed that: 1. Amalgamated Clothing Workers of America, affiliated with the Congress of Industrial Organizations; United Garment Work- ers of America, Local 104, affiliated with the American Federation of Labor; and Sun Manufacturing Company Employees Associ- ation are labor organizations within the meaning of Section 2 (5) of the Act. ' IV • It is stipulated and agreed by and between the respective parties hereto that the National Labor Relations Board may forthwith enter an order in the above-entitled case to the following effect: Respondent shall ' 1. Cease and desist from the date hereof (a) from interfering in any manner with, restraining, or coerc- ing its employees in the exercise of their rights to self-organza- tion, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage - in concerted activities for the purposes of collective ,bargaining and other mutual aid and protection, as 'guaranteed in Section 7 of the National Labor Relations Act; (b) from in any manner discriminating against any of its em- ployees in regard to hire and tenure of employment or any term or condition of employment for joining the Amalgamated Clothing, SUN MANUFACTURING COMPANY _663 Workers of America, affiliated with the Congress of Industrial Organizations , or any other labor organization of its employees, provided that nothing herein shall preclude the Respondent from making a proper closed-shop agreement with any labor organiza- tion chosen by a majority of Respondent 's employees in an election conducted' by the Board or its agent; (c) from dominating and interfering with the formation and administration of, or contributing financial and other support to the Sun Manufacturing Company Employees Association, or any other labor organization, or engaging in'unfair labor practices within the meaning of Section 8 (2) of the Act; (d) from giving effect to its contract of October 6, 1939, with the United . This provision shall not be construed as authorising the Respondent to reduce wages or to increase working hours. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to Bonnie Magin, Goldie Foley, Pearl Masters, Ber- nice Dennis, Lottie Pettet, Mabel Wiggington, and Daisy Dyer immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority or other rights and privileges previously enjoyed, if any; (b) Make whole Bonnie Magin , Goldie Foley, Pearl Masters; Bernice Dennis, Lottie Pettet, Mabel Wiggington, and Daisy Dyer for any loss of pay they have suffered by reason of their discharges by payment to each of them a sum equal to the amount which each normally would have earned as wages from the date of their respective discharges to September 15, 1940, less net earn- ings of each during said periods, provided, that Respondent shall deduct from the back pay due each employee a sum equal to that received by such employee for work performed upon Federal, State, county, municipal project,- or from the Unemployment Compensation Commission of the State of Missouri and- shall retain and pay over said amounts to such agency or agencies, which amounts have been ascertained and are set out on Schedule "A" affixed and made a part of this stipulation; (c) Withdraw recognition from and completely disestablish as an agency of collective bargaining the Sun Manufacturing Company Employees Association; (d) Immediately post notices in conspicuous places throughout its plant, including, among such places; all bulletin boards com- monly used, by the Respondent for announcements to its employees, stating that the Respondent will cease and desist in the manner set forth in Paragraph IV, subsections 1 (a), (b), (c) and (d) and that it will take the affirmative action set forth in Paragraph 664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV, subsections 2 (a), (b), and (c) of this Order and maintain such notices for a period of at least sixty (60) consecutive days from the date of posting; (e) Notify the Regional Director for the. Seventeenth Region in writing within ten (10) days from the date of this Stipulation what steps the Respondent has taken to comply herewith. The parties hereby consent to the entry by the United States Circuit Court of Appeals for the Eighth Circuit, without notice of the application therefor, of an enforcement decree embodying substantially the terms of the Board's Order set forth above. It is further understood and agreed that this Stipulation em- bodies the entire agreement between the parties, and that there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation, and that this entire Stipulation for a Consent Decree is expressly subject to the approval of the National Labor Relations Board. Schedule.A Amount 1% deduc- deduc- scte of Gross received Un from Un- tion from gross earn- Net amount Name discharge earnings due employ- In due V_ unempl0 due em- ment Corn me com- ployees ees of Mo mis mission Bonnie Magin-- - --------------------- 3/22/40 $290 00 $91 44 $1 99 $195 57 Goldie Foley__________________________ 12/ 4/39 492 00 72 00 4 20 415 80 Pearl Masters_________________________ 8/23/39 438 00 63 48 3 75 370 77 Bernice Dennis________ 3/22/40 300 00 68 76 2 31 228 93 Lottie Pettet_________________________ 3/22/40 300 00 69 24 2 30 228 46 Mabel Wiggington____________________ 2/15/40 350 00 75 48 2 75 271.77 Daisy Dyer___________________________ 4/15/40 60 00 ------------ 60 59 40 2,230 00 440 40 17 90 1,771 70 On September 25, 1940, the Board issued an order approving the above stipulation, making it part of the record, and transferring the proceeding to the Board for the purpose of entry of a decision,and order by the Board. 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 Sun Manufacturing Company, a Missouri corporation, is engaged in the manufacture, sale, and distribution of shirts and jackets. Ap- proximately 95 per cent of the raw materials used by the respondent in the manufacture of its products are received from States other than the State of Missouri. More than 95 per cent of the merchan- dise manufactured and finished by the respondent is sold and' dis- SUN MANUFACTURING COMPANY 665 tributed in States of the United States other than the State of Mis •souri. The total annual gross sales of the respondent are in excess of $700,000. - 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, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Sun Manufacturing Company, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) In any 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 concerted activities for the purposes of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) In any manner discriminating against any of its employees in regard to hire and tenure of employment or any term or condition of employment for joining the Amalgamated Clothing Workers of America, affiliated with the Congress of Industrial Organizations, or any other labor organization of -its employees, provided that nothing herein shall preclude the respondent from making a proper closed- shop agreement with any labor organization chosen by a majority of the respondent's employees in an election conducted by the Board or its agent; - (c) Dominating and interfering with the formation and adminis- tration of, or contributing financial and other support to the Sun Manufacturing Company Employees Association, or any other labor organization, or engaging in unfair labor practices within the mean- ing of Section 8 (2) of the Act; - (d) Giving effect to its contract of October 6, 1939, with the United. This provision shall not be construed as authorizing the respondent to reduce wages or to increase working hours. 2.- Take the following affirmative action to effectuate the policies of the National Labor Relations Act: - (a) Offer to Bonnie Magin, Goldie Foley, Pearl Masters, Bernice Dennis, Lottie Pettet, Mabel Wiggington, and Daisy Dyer immedi- ate and full reinstatement to -their former or substantially equivalent positions without prejudice to their seniority or other rights and privileges previously enjoyed, if any; 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Make whole Bonnie Magin, Goldie Foley, Pearl Masters, Ber- nice Dennis, Lottie Pettet, Mabel Wiggington, and Daisy Dyer for, any loss of pay, they have suffered by reason of their discharges by payment to each of them a sum equal to the amount which each nor- mally would have earned as,wages from the date of their respective discharges to September 15, 1940, less net earnings of each during said periods, provided, that the respondent shall deduct from the back pay .due each employee a sum equal to that received by such employee for work performed upon Federal, State,..county, municipal project, or from the Unemployment Compensation Commission of the State of Missouri and shall retain and pay over said amounts to such agency or agencies, which amounts have been ascertained and are set out on Schedule "A" 'affixed and made a part hereof; Employees Association; (d) Immediately post notices in conspicuous places throughout its plant, including, among such places, all bulletin boards commonly used by the respondent for announcements to its employees, stating that the respondent will cease and desist'in the manner set forth in Paragraph IV, subsections 1 (a), (b), (c), and (d) and that it will take the affirmative action, set forth in, Paragraph IV, subsections 2 (a), (b), and (c) of this Order and maintain such notices for a period of at least sixty (60) consecutive days from the date of posting; (e) Notify the Regional Director for the Seventeenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. Schedule "A" Amount 1 % deduc- recen-ed tion from Net Name Date of Gross earn- from Un- gross earn- ne du t amount discharge ings due employ- s e o unemploy- due em- meet Corn ment com- ployees of Me mission Bonne Magm --- --------------------------- $3/22140 $290 00 $91 44 $1 99 $196.57 Goldie Foley -------------------------------- 12/4/39 492 00 72 00 4 20 415 80 Pearl Masters ------------------------------- 8/23/39 - 438 00 63 48 3 75 370 77 Bernice Dennis ------------------------------ 3/22/40 300 00 68 76 2 31 228 93 Lottie Pettet-------------------------------- 3/22/40 300 00 69 24 - 2 30 228 46 Mabel Wiggington --------------------- -.... 2/15/40 350 00 75.48 , 2 75 271 77 Daisy Dyer-, -------------------------------- 3/15/40 - 60 00 ------------ . 60 59 40 2,230 00 440 40 17 ,90 1,771.70 (c) Withdraw recognition from and completely disestablish as an agency of collective bargaining the Sun Manufacturing Company