Northhampton Textile Co.

In the Matter of NORTHAMPTON TEXTILE COMPANY and TEXTILE . WORKERS UNION OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. C-1730.-Decided December 3, 1940 Jurisdiction : upholstery fabric manufacturing industry. Settlement : stipulation-providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Samuel G. Zack and Mr. Geoffrey J. Cunniff, for the Board. Mr. Humbert B. Powell, of Philadelphia, Pa., for the respondent. Mr. Sol Stetin, of Camden, N. J., for the Union. Mr. Norman M. Neel, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers Union of America, affiliated with the Congress of Industrial Organ- izations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint dated October 18, 1940, against Northampton Textile Company, Township of Mount Holly, New Jersey, 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), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the com- plaint, accompanied by a notice of hearing, were duly served upon the respondent, upon the Union, and upon Independent Upholstery Workers Association, herein called the Association. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act in that it urged membership in the Association, threatened to close its Mount Holly plant if the Union succeeded in its organization efforts, and disparaged and criticised the Union, 28 N. L. R. B., No. 49. 286 NORTHAMPTON TEXTILE COMPANY 287 its purposes and leaders; (2) that the respondent, its officers, agents, superintendents, assistant superintendents, foremen, and assistant foremen, during and since April and May 1938, committed, author- ized, instigated, and acquiesced in the following acts and conduct : ,(a) solicitation of membership in the Association throughout its Mount Holly plant; (b) circulation of a petition throughout its Mount Holly plant on behalf of the Association; (c) removal of Frank Magrann from his position as president of the Association in order that the Association might be more responsive to the wishes of the respondent; (d) creation of the Association for the ex- press purpose of impeding or preventing the Union from organiz- ing its Mount Holly plant; (e) the use of the respondent's time clock by the Association for the posting of notices of its meetings; (f) in numerous other ways and by other acts, the respondent domi- nated-and interfered with, and contributed financial and other support to the Association, and by thus causing to be organized, dominating and interfering with the formation and admini§tration of the Association, the respondent engaged in and is now engaging in unfair labor prac- tices within the meaning of Section 8 (1) and (2) of the Act; (3) that the respondent, by terminating the employment of William Deakin and Frank Magrann because of their membership and activities in the Union, and by refusing to reinstate Deakin, and ref using to reinstate Magrann until December 26, 1939, discriminated in regard to the hire and tenure of employment of its employees in order to discourage mem- bership in the Union, thereby engaging in unfair labor practices within the meaning of Section 8 (1) and (3) of the Act. On October 24,1940, the respondent filed an answer denying the alle- gations of unfair labor practices in the complaint. Pursuant to notice duly served upon all the parties, a hearing was held on November 4, 1940, at Mount Holly, New Jersey, before Josef Hektoen,' the Trial Examiner duly designated by the Board. The Board and the respondent, represented by counsel, and the Union, by its" "representative, participated in the hearing. The hearing was ad- journed on November 4, 1940, in anticipation of settlement of the case by stipulation. On November 7, 1940, the respondent, the Union, and counsel for the Board entered into a stipulation. The stipulation . provided as follows.: S rIPULATION It is hereby stipulated and agreed by and between Northampton Textile Company, hereinafter referred to as Respondent; Textile Workers Union of America, affiliated with the C. I. 0., hereinafter referred to as the Union ; and Geoffrey J. Cunniff, attorney for the National Labor Relations Board, that: 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I. On charges duly filed by the Textile Workers Union of America, affiliated with the C. I. O., the National Labor Relations Board, by the Regional Director for the Fourth Region , acting pursuant of authority granted in Section 10 (b) of the National' Labor Relations Act, 49 Stat. 449, and its Rules and Regulations, Series 2, as amended, Article IV, Section 1, issued its Complaint on the eighteenth day of October, 1940, against Northampton Tex- tile Company, Respondent herein. II. Respondent, Northampton Textile Company, is and has been for a long time past a corporation organized and existing by virtue of the laws of the State of New Jersey, with its principal office and place of business in the Township of Mount Holly, State of New Jersey, hereinafter referred to as the Mount Holly plant, and is now and has continuously for a long period of time been engaged in the manufacture and sale of upholstery fabrics. III. Respondent, Northampton Textile Company, in the course and conduct of its business at its' Mount Holly plant, uses various raw materials and, more particularly, cotton and cotton products, including rayon, 90 percent of which materials, in dollar volume, are shipped to the Respondent at its Mount Holly plant, in the State of New Jersey, from States of the United States other than the State of New Jersey, and there these raw materials are manu- factured by the Respondent into the products mentioned in para- graph II, above. For the year'1939 the value of raw materials used by Respondent at its Mount Holly plant was approximately $1,000,000. IV. Respondent manufactures the products set forth in para- graph II, above, at its Mount Holly plant, and causes and has con- tinuously caused approximately 98 percent of these products produced by it to be sold and transported in interstate commerce from its Mount Holly plant, to, into, and through States of the United States other than the State of New Jersey. The total amount of products manufactured, sold, and distributed by the Respondent at its Mount Holly plant, for the year 1939, was ap- proximately $1,600,000. V. Respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act and the decisions of the United States Supreme Court therein. VI. This stipulation, together with the Third Amended Charge, Complaint, Notice of Hearing, and Rules and Regulations of the National Labor Relations Board, may be introduced as evidence by filing them with the Chief Trial Examiner of the National La- bor Relations Board, designated by said Board atWashington, D.C. NORTHAMPTON TEXTILE COMPANY 289 VII. The taking of testimony or the submission of further evi- dence before a Trial Examiner in this matter , the making of find- ings 'of ^ fact, and conclusions by the Board, pursuant to the provisions of the National Labor Relations Act, are hereby ex- pressly waived by the parties herein, and the Board's Order, as herein provided, shall have the same force and effect as if made after a full hearing, presentation of evidence, and the making of findings thereon. VIII. The Textile Workers Union of America, affiliated with the C. I. O., is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. IX. The Independent Upholstery Workers Association is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. X. Upon this stipulation and the pleading an Order may forth- with be entered by said Board, providing as follows : Respondent, Northampton Textile Company, and its officers, agents, successors , and assigns, shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing 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 activities for the purpose of collective,bargain- ing or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in the Textile Workers Union of America, affiliated with the C. I. 0., or any other labor organization of its employees, or encouraging membership in the the Independent Upholstery Workers Association, or any other labor organization of its employees; by discriminating against employees in regard to hire or tenure of employment or any con- dition of employment, or in any other manner ; (c) From in any manner dominating or interfering with the administration of the Independent Upholstery Workers Associa- tion, with the formation or administration of any other labor organization of its employees , or from contributing aid or support to said, organization ; from recognizing or dealing in any manner with the Independent Upholstery Workers Association, or any successor thereto, or any group that purports to represent said organization ; or from forming or maintaining any groups or des- ignating any individuals to act as the representatives of the em- ployees for the purposes of collective bargaining respecting any of the terms or conditions of employment ; 290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action in order to effectuate the purposes of the Act : (a) Withdraw all recognition from the Independent Upholstery Workers Association as the representative of its employees, or any of them, for the-purpose of dealing with respondent concerning grievances, labor disputes, wages, rates of pay, hours of employ- ment or other conditions of 'employment, and disestablish said Independent Upholstery Workers Association as the representa- tive of its employees ; (b) Inform in writing each and every one of the officers of the Independent Upholstery Workers Association that Respondent will not in any manner deal with or recognize the said Union; (c) Inform all of its officers, agents, foremen, and other super- visory employees that they shall not threaten employees in any manner because of their membership in any labor or in general or the Textile Workers Union of America, affiliated with the C. 1. 0., in particular; (d) Immediately offer reinstatement, and iftsaid reinstatement is accepted, immediately give reinstatement to Frank Magrann to his former position at the prevailing rate of pay of employees do- ing a similar kind of work at its Mount Holly plant, without loss of seniority and without prejudice to any rights and privileges previously enjoyed by him; (e) Make whole for the loss of earnings suffered by Frank Magrann and William Deakin by payment to each of them the sum of Five Hundred ($500) Dollars; . (f) Post immediately in conspicuous places at its Mount Holly plant and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices ,to its employees stating : (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b) and (c) of this Order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a), (b), (c), (d) and (e) of this Order; and (3 ) that the respondent's employees are free to become or re- main members of Textile Workers Union of America, affiliated with the C. I. 0., or any other labor organization, and the respond- ent will not discriminate against any employees because of member- ship or activity in that organization, or any other such organ- ization ; (g) Notify the Regional Director of the Fourth Region, in writ- ing, within ten (10) days from the date of the Order of the National Labor Relations Board, what steps have been taken to comply therewith. XI. It is stipulated and agreed that the appropriate United States Circuit Court of Appeals may, upon application of the NORTHAMPTON TEXTILE COMPANY 291 National Labor Relations Board, enter a decree enforcing the aforesaid order of, the Board , Respondent hereby expressly waiving its right to contest the entry of such decree in the appropriate United States Circuit Court of Appeals, and fur- ther, expressly waiving its right to receive notice of the filing by the, National Labor Relations Board of an application for the entry of such a decree. XII. It is further stipulated and agreed that the sum of Five Hundred ($500) Dollars , which is to be paid to William Deakin, as set forth in paragraph X, 2 (e) is in full settlement for loss of earnings, it being agreed that the said William Deakin has obtained substantially equivalent employment elsewhere and therefore shall not be reinstated to his former position. XIII . This stipulation contains the entire agreement of the parties, and there is no verbal agreement of any- kind which varies, alters , or modifies this stipulation. XIV. This stipulation is subject to the approval of the Na- tional Labor Relations Board. On November 19, 1940, the Board issued an order approving the above stipulation, making it a part of the record, in the case, and transferring the proceedings to the Board for-the purpose of entry! of a decision and order pursuant to the provisions of the stipulation. Upon 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, Northampton Textile Company, a New Jersey corporation with its principal office and place of business in the township of Mount Holly, New Jersey, is engaged in the manufacture and, sale of upholstery fabrics . In the course, and conduct of its business at its Mount Holly plant, the respondent uses cotton and cotton products, including rayon, 90 per cent of which materials, in dollar volume, are shipped to the respondent at its Mount Holly plant from States other than the State of New Jersey. For the year 1939 the value of raw materials used by the respondent at its Mount Holly plant was approximately $1,000,000. Approximately 98 per cent of the upholstery fabrics manufactured by the respondent- are sold and transported in interstate commerce from its Mount Holly plant to, into, and through States of the United States other than the State of New Jersey. The total value of the products manufactured, sold, and distributed by the respondent from 41 ,5!15-42-col 24-20 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD its Mount Holly plant, for "-the year 1939, was approximately $1,600,000. _We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATIONS INVOLVED The Textile Workers Union of America, affiliated with the Con- gress of Industrial Organizations, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. The Independent Upholstery Workers Association is a labor or- ganization within the meaning of section 2 (5) of the National Labor Relations 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, Northampton Textile Com- pany, Township of Mount Holly, New Jersey, its officers, agents, successors, and assigns shall : -1. Cease and desist : (a) From 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 con- certed 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) From discouraging membership in the Textile Workers Union of America, affiliated with the C. I. 0., or any other labor organiza- tion of its employees, or encouraging membership in the Independent Upholstery Workers Association, or any other labor organization of its employees; by discriminating against "employees in regard to hire or tenure of employment or any condition of employment, or in any other manner; (c) From in any manner dominating or interfering with the ad- ministration' of the Independent Upholstery Workers Association, with the formation or administration of any other labor organization of its employees, or from contributing aid or support to said organiza- tion ; from recognizing or dealing in any manner with the Independent Upholstery Workers Association, or any successor thereto, or any group that purports to represent said organization; or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment. NORTHAMPTON TEXTILE COMPANY 293 2. Take the following affirmative action in order to effectuate the purposes of the Act : (a) Withdraw all recognition from the Independent Upholstery Workers Association as the representative of its employees, or any of them, for the purpose of dealing with respondent concerning griev- ances, 'labor -disputes, wages, rates of pay, hours of employment or other conditions of employment ,, and disestablish said Independent Upholstery Workers Association as the representative of its employees; (b) Inform in 'writing each and every one of the officers of the Independent Upholstery Workers Association that Respondent will not in any manner deal with or recognize the said Union; (c) .Inform all of its officers, agents, foremen, and other super- visory employees that they shall not threaten employees in any manner. because of their membership in any labor organization in general or the Textile Workers Union of America, affiliated with the C. I. 0., in particular ; (d) Immediately offer reinstatement, and if said reinstatement is accepted, immediately give reinstatement to Frank Magrann to his former position at the prevailing rate of pay of employees doing a similar kind of work at its Mount Holly plant, without loss of seniority and without prejudice to any rights and privileges pre- viously enjoyed by him; (e) Make whole for the loss of earnings suffered by Frank Ma- grann and William Deakin by payment to each of them the sum of Five Hundred ($500) Dollars; (f) Post immediately - in conspicuous places at its Mount Holly plant and maintain for a period of at least sixty (G0) consecutive days from the date of posting, notices to its employees stating: (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), and (c) of this Order;, (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a), (b), (c), (d), and (e) of this Order; and (3 ) that the respondent 's employees are free to become or remain members of Textile Workers Union of America, affiliated with the C. I. 0., or any other labor organization, and the respondent will not discriminate against any employees because of membership or activity in that organization , or any other such organization; (g) Notify the Regional Director of the Fourth Region, in writ- ing, within ten (10 ) days from the date of the Order of the National Labor Relations Board, what steps have been taken to 'comply therewith. CHAIRMAN 'HARRY A. MILLIS took no part in the consideration of the above Decision and Order. -