Schlake Dye Works, Inc.

In the Matter of SCHLAKE DYE WORKS, INC., and TEXTILE WORKERS UNION OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-1912.-Decided July 10, 1941 Jurisdiction : textile dyeing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Stephen M. Reynolds, for the Board. Mr. Herbert C. Paschen, of Chicago, Ill., for the respondent. Miss Marcia Hertzmark, 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 Organi- zations, herein called, the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region ( Chicago, Illinois), issued its complaint dated May 29, 1941, against Schlake Dye Works, Inc., Chicago, 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 (5) 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 the Union. Concerning the unfair labor practices the complaint alleged, in substance, (1) that on certain designated dates in January and- May 1941 the respondent refused to bargain collectively with ' the Union as exclusive representative of its employees within an appropriate unit and refused to sign any contract embodying the terms of an agreement reached with the Union concerning wages, hours, and working conditions of employees in the unit ; and (2 ) that from on or about September 25, 1940, the respondent, by its officers and agents, warned employees against becoming or remaining members 33 N. L. R. B., No. 59. 257 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Union, questioned employees about their union membership and activities, urged and warned employees to abandon membership in the Union and to join United Textile Workers of America, Local 2601, affiliated with the American Federation of Labor, permitted and participated in the solicitation of employees for membership in the American Federation of Labor on company time, and discrimi- nated in the distribution of work against employees who were slow or reluctant to affiliate with the American Federation of Labor. The respondent thereafter filed its answer, dated Jime 9, 1941, admitting that on October 1, 1940, a majority of the employees in the appropriate unit designated the Union as their representative at a consent election, but denying that the Union has been the ex- clusive representative of all the employees in the unit for the pur- pose of collective bargaining since October 1, 1940, and denying the commission of the unfair labor practices alleged in the complaint. Pursuant to notice, a hearing was held on June 12 and 13, 1941, at Chicago, Illinois, before James C. Batten, the Trial Examiner duly designated by the Chief Trail Examiner. The respondent and the Board were represented by counsel and participated in the hearing. On June 13, 1941, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : IT IS HEREBY STIPULATED AND AGREED by and between Schlake Dye Works, Inc., hereinafter called the respondent, Textile Workers Union of America, affiliated with the Congress of In- dustrial Organizations, hereinafter called the union, and Stephen M. Reynolds, attorney, National Labor Relations Board, that : 1. Upon charges and amended charges filed by C. A. Saunders, National Representative, on behalf of the union, the National Labor Relations Board, hereinafter called the Board, by the Regional Director for the Thirteenth Region, issued its com- plaint dated May 29, 1941, against 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 (5) and Section 2 (6) and (7) of the National Labor Rela- tions,Act, 49 Stat. 449, hereinafter called the Act. The complaint, accompanied by notice of hearing was duly served upon the respondent and the union. Pursuant to due notice, a hearing was conducted before James C. Batten, the Trial Examiner duly designated by the Board, at Chicago, Illinois, on June 12 and 13, 1941. Full opportunity to be heard, to examine and cross-examine witnesses and to introduce evidence bearing on the issues was afforded all parties. On June 13, 1941 the hearing was closed subject to approval by. the National Labor Relations Board of this stipulation and agreement. SICHLAKE' DY WORKS, INC. 259 2. Respondent is now and has been since 1923, a corporation organized under and existing by virtue of the laws of the State of Illinois, having its principal office and place of business in the City of Chicago, County of Cook, and State of Illinois, and is now and has continuously been engaged at its plant in Chicago in the dye processing of yarns and cotton piece goods. The raw materials used by respondent in the processing of such yarns and cotton piece goods consist principally of dye stuffs and chemi- cals and are purchased in an annual volume of approximately $35,000, all of which are purchased in the State of Illinois. The yarns and cotton piece goods materials which are processed by respondent are sent to respondent's plant in Chicago by cus- tomers of respondent and when processed are then returned. The income of respondent for performing these services for its customers amounts to approximately $125,000 annually. Of the yarns and cotton piece goods delivered to respondent's plant for processing, from 95 to 100 per cent are shipped to the plant from points outside the State of Illinois. Of the finished products processed by respondent, in excess of 25 percent are shipped from the plant to points outside the State of Illinois. Respond- ent agrees, for the purposes of this case that it is subject to the jurisdiction of the National Labor Relations Board. 3. The union is a labor organization within the meaning of Section 2, subdivision 5 of the Act and admits to membership employees of the respondent. 4. All production and maintenance workers employed at the plant, excluding office employees, electricians, foremen, and truck drivers, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b)' of the Act. 5. On October 1,1 1940) the union was and at all times there- after has been the duly designated representative of a majority of the employees in the unit stated in paragraph 4 hereof, and by virtue of Section 9 (a) of the Act, on October 1, 1940 was and at all times thereafter has been the exclusive representative of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 6. The parties hereto expressly waive the right to further hearing herein and to the making of findings of fact and con- clusions of law in this proceeding by the Board. The complaint and notice of hearing, amended charge, proof of service of the complaint, answer of respondent, and this stipulation and agree- ment shall constitute the record in the case. On the basis of the record including this stipulation and agreement, if approved 450122-42-vol 33-18 260 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD by the Board, an Order may forthwith be entered by the Board providing as follows : Respondent, its officers, agents, successors, and assigns shall: (1) Cease and desist from (a) Refusing to bargain collectively with Textile Workers Union of America, affiliated with the Congress of Industrial Organizations as the exclusive representative of all its produc- tion and maintenance employees, excluding office employees, electricians, foremen, and truck drivers, in respect to rates of pay, wages, hours of employment, and other conditions of employment. (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the right of 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. (2) Take the following affirmative action to effectuate the policies of the Act : (a) Upon request bargain collectively with Textile Work- ers Union of America, affiliated with the Congress of Indus- trial Organizations as the exclusive bargaining representative of all production and maintenance employees excluding office employees, electricians, foremen, and truck drivers of re- spondent at its Chicago, Illinois, plant. (b) Post immediately in conspicuous places throughout its Chicago, Illinois, plant and maintain for a period of at least' sixty (60) consecutive days, 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) and (b) of this Order; (2) That respondent will take the affirmative action set forth in paragraph 2 (a) of this Order. (c) Notify the Regional Director of the National Labor Relations Board for the Thirteenth Region, within a period of ten (10) days from the date of this Order what steps re- spondent has taken to comply herewith. 7. After the entry of the Order by the Board, as provided in this stipulation and agreement, any Circuit Court of Appeals of the United States may, upon application by the Board, and without notice to respondent, enter a decree enforcing in full the said Order of the Board, and each of the parties hereto SOHLAKE' DYE) WORKS, INC. 261 hereby consents to the entry of such decree and hereby waives any and all requirements of notice of the filing of such application by the Board. 8. This stipulation and agreement is subject to the approval of the Board. There is no oral understanding or agreement which varies from or adds to this stipulation and agreement. On June 26, 1941, the Board issued its order approving the above stipulation, making it a part of the record in the case, and transfer- ring the proceeding to the Board for the purpose of entry of a Decision and Order by the Board 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 I. THE BUSINESS OF THE RESPONDENT Schlake Dye Works, Inc., an Illinois corporation having its prin- cipal office and place of business in Chicago, Illinois, is engaged at its plant in Chicago in the dye processing of yarns and cotton piece goods. The raw materials used by the respondent consist principally of dye stuffs and chemicals and are purchased in an annual volume of approximately $35,000. All of such raw materials are purchased in the State of Illinois. The yarns and cotton piece goods,materials which are processed by the respondent are sent to its plant in Chi- cago by customers of the respondent and, when processed, are then returned. The respondent's annual income is approximately $125,- 000. About 95 to 100 percent of the yarns and cotton piece goods delivered to the respondent's plant for processing are shipped to it from points outside the State of Illinois. The respondent admits for the purposes of this case that it is subject to ,the jurisdiction of the Board. 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 Schlake Dye Works, Inc., Chicago, Illinois, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Refusing to bargain collectively with Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, 262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as the exclusive representative of all its production and maintenance employees, excluding office employees, electricians, foremen, 'and truck drivers, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the 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 and other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Upon request, bargain collectively with Textile Workers Union of America, affiliated with the Congress of Industrial Organi- zations, as exclusive bargaining representative of all production and maintenance employees, excluding office employees, electricians, fore- men, and truck drivers of the respondent at its Chicago,. Illinois, plant; - (b) Post immediately in conspicuous places throughout its Chi- cago, Illinois, plant, and maintain for a period of at least sixty (60) consecutive days 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) and (b) of this Order, and (2) that the respondent will take the affirmative action set forth in paragraph 2 (a) of this Order; (c) Notify the Regional Director for the Thirteenth Region, in writing, within ten (10) days from the date of this Order what steps it has taken to comply herewith.