Good Luck Glove Co.

In the Matter of GOOD LUCK GLOVE COMPANY and INTERNATIONAL GLOVE WORIKERS' UNION OF AMERICA Case No. C-1734.-Decided November 09, 1940 Jurisdiction : glove manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. L. N. D. Wells, Jr., and Mr. "Wallace Cooper, for the Board. Mr. Alden A. Stockard, of St. Louis, Mo., Mr. Roy R. Helm, of Metropolis, Ill., and Mr. John Feirich, of Carbondale, Ill., for the respondent. Mr. Raymond J. Compton, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International- Glove Workers' Union of America, herein called the Union, the Na- tional Labor Relations Board, herein called the Board, by the Regional Director for the Fourteenth Region (St. Louis, Missouri), issued its complaint dated August 27, 1940, against Good Luck Glove Company, Carbondale, Illinois, 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 Rela- tions Act, 49 Stat. 449, herein called the Act. Copies of the com- plaint and notice of hearing were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance that the respondent (1) on or-about September 28, 1939, discharged and thereafter refused to reinstate Helen Childers for the reason that said employee joined and assisted the Union and en- gaged in,concerted activities for the purpose of collective bargaining and other mutual aid and protection; and (2) by the aforementioned acts, by urging, persuading, and warning its employees to refrain from 28-N. L. R. B., No. 36. 178 GOOD . LUCK GLOVE COMPANY 179 aiding, becoming or remaining members of the Union, by threatening them with discharge and other reprisals if they became-or remain members of the Union, by threatening to close its plant if they en- gaged in union activities, by maintaining surveillance over meetings of the Union, by distributing anti-union literature, 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 September 7, 1940, the respondent filed an answer, and on Octo- ber 10, 1940, an amended answer, to the complaint, admitting the allegations of the` complaint as to the nature of its business but deny- ing that it had committed the unfair labor practices alleged therein. Pursuant to notice a hearing was held on October 7, 1940, at Me- tropolis, Illinois before Thomas S. Wilson, the Trial Examiner duly designated,by the Board. The respondent and the Board were repre- sented by counsel and participated in the hearing. On November 15, 1940, the respondent, the Union, counsel for the Board, and Helen Childers, the employee alleged in the complaint to have been discriminatorily discharged, entered into an, amended stipulation in settlement of the case. This stipulation provides as follows : 1. This Stipulation is in full and complete settlement of all issues raised by the complaint filed August 27, 1940. It is ex- pressly agreed and understood by all parties to this Stipulation that no matter occurring prior to this date will be the basis of any future proceeding before the National Labor Relations Board based on charges which may hereinafter be filed by In- ternational Glove Workers' Union of America, or Local 101, thereof, the successors or assigns thereof, or any labor organiza- tion acting in the interest of International Glove Workers' Union of America or any labor organization which may hereinafter result from a reorganization of said unions, or by Helen Childers. 2. On August 26, 1940, the International' Glove Workers' Union of America, hereinafter called the Union, filed amended charges with the Fourteenth Region of the National Labor Re- lations Board alleging that the Good Luck Glove Company, hereinafter called the Respondent, had engaged in violation of Section 8, subsection (1) and (3) of the National Labor Re- lations Act. Thereafter the National Labor Relations Board, by the Regional Director for the Fourteenth Region, issued its complaint, dated August 27, 1940. Said complaint, and the amended charge upon which it was based were duly,and ' prop- erly served on each of the parties hereto on August 30, 1940. Thereafter the Respondent filed various pleadings herein; all of which pleadings Respondent hereby withdraws. By the said 413597-42-vol 28--13 180 DECISIONS OF • NATIONAL LABOR RELATIONS BOARD withdrawal of said pleadings and the entering,into this Stipula- tion Respondent in no wise admits but specifically denies that it has committed any unfair labor practices or has in any wise violated any provision of the National Labor Relations Act. 3. (a) Good Luck Glove Company is a corporation organized on October 26, 1926, under the laws of the State of Illinois and is duly licensed to conduct its business in said State. It main- tains its general offices at Carbondale, Illinois, and is engaged in the operation of one plant at Carbondale, Illinois, and two plants at Metropolis, Illinois. Its plants located at Metrop- olis, Illinois, are the -only ones involved in the above-entitled proceedings., (b) The Respondent is engaged in its Metropolis plants•in the manufacture and sale of leather-combination work gloves. Dur- ing the year 1939 the aggregate value of the finished products manufactured by the Respondent at its Metropolis plants was in excess of $500,000.00. Over 75 per cent of such finished prod- ucts manufactured at the Respondent's Metropolis plants during 1939 was sold and delivered in the State of Illinois, for shipment to purchasers in states other than the State of Illinois, and de- livered in interstate commerce from said Metropolis plants, to, into, and through states of the United, States other than the State of Illinois. (c) The raw materials used by the Respondent in its opera- tions at its Metropolis plants are Canton flannels, jersey, split leather, and thread. The aggregate value of such raw materials used at said Metropolis plants during 1939 was in excess of $150,000.00. In excess of 50 per cent of such raw materials were purchased in states of the United States other than the State of Illinois and transported in interstate commerce to, into, and through states of the United States other than the State of Illinois to its aforesaid Metropolis plants located in the State of Illinois. (d) The Respondent's business at its said Metropolis plants from January 1, 1940, to date has continued in substantially the same manner as during 1939, as stated above. The percentages of its raw materials obtained from outside the State of Illinois and used at said Metropolis plants, and its finished products shipped in interstate commerce from said Metropolis plants to points outside the State of Illinois, are approximately the same as those percentages stated above for 1939. (e) The Respondent employs at its aforesaid Metropolis plants approximately 450 employees. (f) The Respondent' admits and agrees that for.the purpose of this proceeding it is engaged in interstate commerce within GOOD LUCK GLOVE COMPANY 181 the meaning of Section 2 (6) and (7) of the National Labor Relations Act, and further agrees that the National Labor Rela- tions Board may find that the above-described operations of the company constitute a continuous flow of trade, traffic, and com- merce among the several states. --.4.- The International Glove Workers' Union of America is a labor organization within the meaning of Section 2, subsection (5) of the National Labor Relations Act. It is affiliated' with the American Federation of Labor. 5. All parties hereto expressly waive the right to hearing granted by Section 10b of the National Labor Relations Act in this cause and' expressly waive the making of findings of fact and conclusions of law by the National Labor Relations Board. 6. All parties hereto expressly agree to the immediate entry by the National Labor Relations Board of an order providing as follows : The Respondent, Good Luck Glove Company, its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the International Glove Workers' Union of America or any other labor organization of its employees by discriminating in regard to hire or tenure of employment or any terms or conditions of employment. (b) Urging, persuading and warning its employees to re- frain from aiding, becoming or remaining members of the International Glove Workers' Union of America. (c) Keeping surveillance over the meetings of the Interna- tional Glove Workers Union of America. (d) Threatening to close its Metropolis plants if its em- ployees at said plants joined or assisted the International Glove Workers Union of America. (e) Distributing. hand bills, advising its employees against joining or assisting the International Glove Workers Union of America. (f) Permitting the Good Luck Glove Employees Committee to engage in any of the activity proscribed in paragraphs 1, (a), (b), (c), (d), and (e) of this order. (g) In any other manner interfering with, restraining or coercing its employees in the exercise of the rights guaranteed in section 7 of the National, Labor Relations Act. 2. Take the following affirmative action in order to effectuate the policies of the National Labor. Relations Act: (a): Notify the Good Luck Glove, Employees Committee in writing to refrain from any activity enumerated in Section 182- DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1,, (a), (b),,(c), (d) and (e) of this order, and that any vio- lation' of said order by the Good Luck Glove Employees Committee will result in disciplinary action. (b) Post immediately in conspicuous places in its Metropolis, Illinois Plants and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its em- ployees stating - (1) That Respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1,(a), (b), (c), (d), (e), (f) and (g) of this order; (2) That Respondent will take .the affirmative action set forth in Paragraph 2 (a) of this order; and (3) That Respondent's employees are free to become or remain members of the International Glove Workers Union of America and that Respondent will not discriminate against any employee because of membership or activity in that organization. (c) Notify the Regional Director for the Fourteenth Region in writing within ten (10) days from the date of this order of what steps the Respondent has taken -to comply herewith. AND IT IS FURTHER ORDERED that the complaint be and it hereby is dismissed with prejudice in so far as it alleges that Respondent has engaged or is engaging in unfair labor .practices in discharg- ing and refusing to re-employ Helen Childers. 7. All parties hereto expressly agree to the entry by the United States Circuit Court of Appeals fox the 7th Circuit of an en- forcement order embodying the terms of the Board order agreed to in Paragraph 6 above, and the parties hereto waive further notice of the application for or the entry of such court order. 8. The entire agreement of the parties hereto is embodied in this Stipulation and there are no inducements or agreement verbal or written which alter or add to this Stipulation. 9. This Stipulation is made subject to the approval of the National Labor `Relations Board and will become effective only on issuance of an order by the National Labor Relations Board approving this Stipulation and each of the terms hereof. Should the National Labor Relations Board refuse to approve this Stipu- lation it shall be considered void and of no effect and the above- entitled proceedings shall be in the same status as though the parties had entered into no Stipulation. On November 22, 1940, the Board issued its Order approving the above amended stipulation and each of the terms thereof, making it a part of the record in the case, and transferring the proceeding to GOOD LUCK GLOVE COMPANY 183 the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent is an Illinois corporation engaged in the manu- facture and sale of leather-combination work gloves . It maintains its principal office and operates one of its plants at Carbondale , Illinois. The respondent also operates two plants , the only 3nes with which this proceeding is concerned ,-at Metropolis , Illinois . The principal raw materials used by the respondent are Canton flannels, jersey, split leather, and thread. In 1939, the respondent used in excess of $150,000 worth of such raw materials at its Metropolis plants, over 50 per cent of which were shipped from points outside the State of Illinois. During the same year the respondent manufactured at its Metropolis plants finished products valued at over $500,000, of which over 75 per cent were shipped to States other than the State of Illinois. The respondent employs approximately 450 employees in the operation of its Metropolis plants. The respondent stipulated , and we find, that the above-described operations constitute a continuous flow of trade , traffic and commerce among the several States within the meaning of the Act. ORDER Upon the basis of the above findings of fact, the above 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, Good Luck Glove Com- pany, its officers, agents , successors, and assigns , shall: 1. Cease and desist from : (a) Discouraging membership in the International Glove Workers' Union of America or any other labor organization of its employees by discriminating in regard to hire or tenure of employment or any terms or' conditions of employment. (b) Urging, persuading and warning its employees to refrain from aiding, becoming or remaining members of the International Glove Workers Union of America. (c) Keeping surveillance over the meetings of the International Glove Workers Union of America. . 184 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD (d) Threatening to close its Metropolis plants if its employees at said plants jointed or assisted the International Glove Workers Union of America. (e) Distributing hand bills advising its employees against joining or assisting the International Glove Workers Union of America. (f) Permitting the Good Luck Glove Employees Committee to engage in any of the activity proscribed in paragraphs 1, (a), (h), (c), (d) and (e) of this order. (g) In-any other manner interfering with, restraining or coercing its employees, in the exercise of -the rights guaranteed in section 7 of the National Labor Relations, Act. 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : (a) Notify the Good Luck Glove Employees Committee in writing to refrain from any activity enumerated in Section 1, (a), (b), (c), _(d) and (e) of this order, and that any violation of said order by the Good Luck Glove Employees Committee will result in disciplin- ary action. (b) Post immediately in conspicuous places in its Metropolis, Illinois Plants and maintain for a period of at least sixty (60) con- secutive days from, the date of posting, notices to its employees stating (1) That Respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), (c), (d), (e), (f) and (g) of this order; (2) That Respondent will take the affirmative action set forth in Paragraph 2 (a) of this order; and (3) That Respondent's employees are free to become or remain members of the International Glove Workers Union of America and that Respondent will not discriminate against any employee because of membership or activity in that organization. (c)- Notify the Regional Director for the Fourteenth Region in writing within ten (10) days from the date of this order of what steps the Respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the complaint be and it hereby is dismissed with prejudice, in so far as it alleges that Respondent has engaged or is engaging in unfair labor practices in discharging and refusing to re-employ Helen Childers. CHAIRMAN HARRY A. MIISas took no part in the consideration of .the above Decision and Order.