Angelica Jacket Co.

National Labor Relations Board - Board Decisions

Jul 20, 1944

57 N.L.R.B. 451 (N.L.R.B. 1944)

In the Matter of ANGELICA JACKET COMPANY, AND MONTE MANU-
FACTURING COMPANY and DISTRICT 50, UNITED MINE WORKERS OF
AMERICA, and UNITED GARMENT WORKERS OF AMERICA, AFL, PARTY
TO THE CONTRACT
Case No. 14-C-913.-Decided July 00, 1944
DECISION
AND
ORDER
On May 11,1944, the Trial Examiner issued his Intermediate Report
in the above-entitled proceeding, finding that the respondents had en-
ommending that they cease and desist therefrom and take certain
affirmative action as set out in the copy of the Intermediate Report
attached hereto. Thereafter,Ithe respondents filed a statement in lieu
of exceptions to the Intermediate Report. No request for oral argu-
ment before the Board'atWashingtoii, D. C., was made by any of the
parties.
The Board has considered the rulings of the Trial Examiner at the
hearing and finds that no prejudicial error was committed. The rul-
ings are hereby affirmed. The Board has considered the Intermediate
Report, the respondents' statement in lieu of exceptions, and the
entire record in the case, and hereby adopts the findings, conclusions,
and recommendations of the Trial Examiner, with the following
additions : ,
The respondents contend in their statement in lieu of exceptions
that they have fully complied with all the recommendations contained
in the Trial Examiner's Intermediate Report and that therefore the
Board should dismiss the complaint as moot. However, like the Trial
Examiner, we find that the respondents engaged in unfair labor
practices by -entering into the contract dated September 29, 1943,
recognizing the Garment Workers as the exclusive representative of
their employees at :the West Frankfort, Illinois, plant, and requiring
'them to become members of the Garment Workers. In order, to pre-
vent recurrences of the unfair labor practices, and pursuant to Section
57 N. L. R B., No. 83.
451
452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
10 (c)'of the Act, we reject the respondents' contention as being with-
out merit, and shall issue an appropriate'order 2
ORDER
Upon 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 respondents, Angelica Jacket Company,
St. Louis, Missouri, and Monte Manufacturing Company, West Frank-
fort, Illinois, and their officers; agents; successors, and assigns, shall:
1. Cease and desist from :
(a) Recognizing United Garment Workers of America, AFL, aflili _
ated with the American Federation of Labor, as the representative
of any of their employees in the West Frankfort, Illinois, plant for
the purposes of collective bargaining unless and until that organiza-
tion, or an affiliate thereof, shall have been certified by the Board as
the representative of such employees;
(b) Giving effect to their contract dated September 29, 1943, with
the United Garment Workers of America, AFL, affiliated with the
American Federation of Labor, or to any extension, renewal, modi-
fication, or supplement thereof, or to+any superseding contract with
,that labor organization or any organization or any affiliate thereof,
unless 'and until that organization or an affiliate- thereof shall have
been certified by the Board as the representative of'the employees in
the West Frankfort, Illinois, plant;
(c) In any other manner interfering with, restraining, or coercing
their'eulployees in the West Frankfort, Illinois, plant in the exercise
of the right to self-organization, to form labor organizations, to join
or assist District 50, United Mine Workers of America, or any other
labor organization, to bargain collectively through representatives of
their own choosing, and to engage in concerted activities, for the pur-
pose of collective bargaining or other mutual aid or protection,, as
guaranteed in Section 7 of-the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Withdraw and withhold all recognition from United Garment
,Workers of America, AFL, affiliated with the American Federation-
1 Section 10 (c) of the Act states In part that if 'the Board shall be of the opinion that
any person named in the complaint has engaged in any unfair labor prac-
tice. then the Boa'd shall state its findings of fact and shall issue and cause to he
served on such person an order requiring such person to cease and desist from such unfair
labor practice, and to take such affirmative action . . . as will effectuate the policies
of this Act "
See Consolidated Edison Company v. N. L. R. B , 305 U. S 197, 230 ; N. L. R. B v.
Pennsiylcania Greyhound Lines, Inc, et at, 303 U S. 261, 271; N. L. R. B. v Gerling
Fwrniture Mfg Co, Inc, 103 F. (2d) 663 (C. C. A. 7) ; N. L. R. B. v. Pickett-Brown Mfg.
Co . Inc , 140 F (2d) 883. 884 (C. C A 5) ; N. L R. B. v. Swift & Co , 129 F. ( 2d) 222
(C C. A 8) ; Matter of Eppinger d Russell Company, 56 N. L . It. B. 1259.
ANGELICA JACKET COMPANY 453
of Labor, or any'affiliite thereof, as the representative of any of their
employees in 'the West Frankfort, Illinois, plant for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment or other conditions of employment, unless and until that
organization or an affiliate thereof shall have been certified by the
Board as the representative of such employees;
(b) Post immediately in conspicuous places throughout their plant
at West Frankfort, Illinois, and maintain for a period of at least sixty
(60) consecutive days from the date of posting, notices to their em-
ployees stating: (1) that the respondents will not engage in the con-
duct from which they are ordered to cease and desist in paragraphs 1
(a), (b), and (c) of this Order; (2) that the respondents will take
the' affirmative action set forth in paragraphs 2 (a) and (b) of this
Order; and (3) that the respondents' employees at their West Frank-
foit, Illinois, plant are free to become or remain members of District
60, United Mine-Workers of America, or any other labor organization;
(c)- Notify the Regional Director for the Fourteenth Region in
writing, within ten (10) days from the date of this Order, what steps
the respondents have taken to comply herewith.
i
INTERMEDIATE REPORT
-11 1 7 Rayburn L. Heckler, for the Board.
-Mr. Charles H Spoehrer, of St. Louis, Mo., for the respondent.
AIr. Roy E. 1Vhite, of West Frankfort, Ill., for District 50.
Mr. Edwin H. Stern, of St. Louis, Mo, for, Garment Workers
STATEMENT OF THE' CASE
Upon an amended charge duly filed on March 31, 1944, by District 50, United
Tliiie-Workers of America, herein called' District 50, the National Labor Relations
Board. herein called the Board, by the Regional Director for the Fourteenth
Region (St Louis, Missouri), issued its complaint dated March 31, 1944, against
Angelica Jacket Company, St Louis, Missouri, and Monte Manufacturing Com-
pany, West-Frankfort, Illinois, herein called collectively the respondents, 'dnd
sometimes called Angelica and Monte, separately, alleging that the respondents
had engaged in and were engaging in unfair labor practices affecting commerce,
-within the meaning of Section 3 (1) 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 notice of hearing thereon, were duly served upon the
respondents, District 50 and United Garment Workers of America, AFL, party
to the contract, herein called the Garment Workers.
With respect to the unfair labor practices, the complaint alleged in substance:
(1) that from about January 1, 1944, the respondents, by their officers, agents,
and representatives, instigated the formation of the Garment Workers as a,
labor organization of theil employees at the West Frankfort, Illinois, plant
and sponsored, encourage(], fostered; and assisted its continued growth and
-existence : urged, persuaded and advised their employees at the `Vest Frankfort
plant to join and assist the Garment workers; (2) that on or about September
29, 1943, the respondents-entered into a collective bargaining agreement with the
Garment Workers relating to the terms and conditions of employment of their
employees in the West Frankfort plant, and requiring, as a condition of em-
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.ployment,-.membership ".in- the Garment-WorkerS after '30' days employment in
the plant, notwithstanding ' the fact that the Garment Workers was not the-
representative of the employees in the unit covered by the agreement at the
time of its execution as required by Section 9 (a) of the Act, and that the-
Garment Workers 'did not represent an'uncoerced and unassisted majority of
the employees in the said unit; (3) that no notice of the execution or existence
of the aforesaid agreement was posted in 'the respondent's West Frankfort
plant for a period of three (3) months after the date of' its execution, nor was
any such notice ever thus posted at any time; (4) that the aforesaid agree-
ment, or any modification, supplement, renewal. or extension thereof is invalid
and is in violation of the Act; and (5) that by, the aforesaid acts and agree-
ment, the, respondents, and each of them. interfered with, restrained, and
coerced their employees in the West Frankfort plant, in the exercise of the
rights guaranteed in Section 7 of the Act.
Pursuant, to notice, a hearing was held on April 12, 1944, at West Frank-'
fort, Illinois, before W. P. Webb, the Trial Examiner, duly designated by the
Chief Trial Examiner. The Board and the • respondents were represented by"
4counsel, and Districti50 and the Garment-Workers by their representatives. All
parties participated in the hearing: Full, opportunity to be heard, to examine
and crossexamine witnesses and to introduce evidence bearing upon the issues,
was afforded all parties.
The respondents' answer, filed at the hearing, admitted certain allegations
of the complaint in respect to the business of the respondents, but denied all
material allegations relating to the unfair labor practices.
A motion by Board's counsel at the conclusion of the hearing to conform the
pleadings to the proof in respect to minor inaccuracies regarding dates, the-
spelling of names, and other matters not related to the fundamental issues, was
granted by the Trial Examiner without objection.
At the conclusion of the hearing, the respondents' counsel moved to dismiss
the complaint. Ruling upon this motion was reserved, which at this time is-
Opportunity to file- briefs with the Trial Examiner was given the parties-
but' none have been filed. At the conclusion of the hearing Counsel for the
Board and the respondents, respectively, argued orally, on the record, before
,the Trial Examiner.'
Upon the entire record in the case and from his observation of the witnesses
,the undersigned makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Angelzca Jacket Contpariy is a Missouri corporation, having its principal office
and place of business in St. Louis, Missouri, where it is engaged in the manu-
facture, sale 'and distribution of uniforms, jackets, and other work garments.
During the calendar year 1943, Angelica purchased goods and raw materials
in. excess of $100,000, in value, of which approximately 90 percent was obtained
,and shipped to its St.,Louis plant from, points outside Missouri.' During the
same period, Angelica sold and distributed from its St. Louis plant finished
products in excess of $IC0,000, in value, of which approximately 90 percent was
Sold and delivered to points outside Missouri. Angelica normally employees apr
proximately 600 employees.'
'Angelica also operates a plant at Los Angeles , California , by a separate subsidiary cor-
poration . Angelica also owns and operates "Angelica Jacket Company of Illinois," which'
is an Illinois corporation and is located in Chicago . It acts as a selling agent for Angelica.
ANGELICA JACKET COMPANY 455
t:.u.Monte-'Man+ufactui-ing Company is an Illinois corporation, haying its principal
office' and place of business in West Frankfort, Illinois, where it is engaged in
the manufacture of uniforms, jackets and other work garments, from cut piece
goods and findings supplied to it by Angelica from the latters' St: Louis'plant.'
During the first 3 months of 1944, Angelica shipped to the West Frankfort plant
materials as aforesaid, to the value of approximately $19,000. During that
period, Monte shipped back to the St. Louis plant finished garments to the approx-
imate value of $14,000. Monte Manufacturing Company is -a wholly-owned sub-
sidiary of Angelica Jacket Company. The entire operation of the West Frankfort
plant is confined to completing garments that have been previously cut out at the
St. Louis plant., No sales are made from the West Frankfort plant. All com-
pleted garments are sent to .the,-St. Louis plant for sale and distribution by
Angelica Monte has an authorized capital stock of 1,000 shares, no par value.
Two hundred fifty shares have been issued, at a valuation of $100 a share, all of
which is owned by Angelica. Monte normally employs about .65 employees.
There are no executive officers at the West Frankfort plant. The only super-'
visory employees there are Mae, Presley, plant superintendent, Mary Zalkus, fore-
lady, .s. said Angelica Company intends to operate as -an adjunct to its
present manufacturing operations a branch factory at West Frankfort, Illinois,
through its subsidiai y, Minite Manufacturing Co ; and
WnEiiE.s, the Union and the Angelica Company are desirous of extending their
spheie of harmonious relations to include said branch factory at West Frankfort,
Illinois;
Now, THEREFORE, the parties have caused this instrument to be executed to
establish certain working conditions at the plant of the Company at West Frank-
fort, Illinois It is recognized that as this is a new undertaking in the coin-
munity with practically all employees new and inexperienced, patience must
be exercised by all parties with respect to any apparent problems arising until
such period as the undertaking has gained its momentum, so that the actuality
of conditions may be recognized and dealt with accordingly.
Section 1. Xecognntion., The Company recognizes the Union as the exclusive
collective bargaining agency for all production employees exclusive of superin-
tendents, foremen, torcladies, supervisors, designers, and 'cffi2e employees or any
of the same to which this Agreement shall not be applicable.
The Comp_ ny agrees that it will not take away or reduce employment of the
Union's members in the St Louis plant of Angelica Company to the advantage
of the employees covered under this agreement.
All employees of the Company to whom this Agreement is applicable shall
within thirty (30) days after employment by the Company become, and they
shall thereafter leniain, members of the Union in good standing while in the
employ of the Company.
Any employee of the Company covered by this Agreement who is, during the
tenure of this Agreement, promoted by the Company to a position' not covered
by this Agreement, shall forthwith withdraw as a Member from the Union.
Section 2. Probationary Period. New employees shall be on probation with
the Company during _the first ninety (90) days of9 their employment. During
such period, if in the judgment of the Company, the employee fails to exhibit
qualifying competency, in such event the Company may dispense with that em-
ployee's services without recourse from the employee or the Union. After com-
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pletion of such probationary period, the service of such employees with the Com-
pany shall date from the first date of their employment.
Section 3. Seniority. In all cases of increase or decrease of 'forces, length
of continuous service shall govern where the factors of ability and efficiency are
relatively equal
Section 4. afanigenment. It is agreed that the management of the Company's
plant and the direction of its working forces, including the right to hire, suspend,
'discipline or discharge an employee or employees for proper cause, and the
right to transfer employees and the right to relieve employees from duty be-
cause of lack of work or for other legitimate reasons, is vested exclusively in
the, Company;' provided that the rights described in this paragraph will not be
exercised in any manner inconsistent.vith the other provisions of this'Agree-
ment.'
Section 5. No Strikes, Lockouts During the life of this Agreement there shall
be no (strikes or lock-outs, work stoppages or slow-clowns for any cause whatso-
ever.
Section 6. Adlustnent of Grievances If during the term of this Agreement
any difference should arise as to the meaning or application of any provision of
this Agreement, or if any,grievance should arise, there shall be no suspension
of work on account of such difference or grievance, but an,earnest effort shall
be made to settle such difference or, grievance as soon as possible and in the
following manner :
(a) By the complaining employee and the foreman of the department-
(b) By the Steward designated by the Union and the foreman of the
department.
(c) By the Members of the Union Grievance Committee and the man-
agement of the plant.
(d) By an International Beth esentative of the Union and an officer
of the Company
(Differences or grievances presented to, the Management pursuant to
the foregoing procedure shall be presented and will be taken up by the
Management after working hours.)
(e) If such difference or grievance shall not have been settled by re-
sort of the foregoing procedure. then it shall upon request of either party
be submitted for a decision to an impartial Arbitrator selected by Mutual
agreement between the Company and the Union, and the decision of such
Arbitrator shall be final,'and binding upon all parties. Expenses of such
arbitration shall be borne equally between the Company and the Union.
In the event the parties, should be unable within ten (10) clays to agree
upon such Arbitrator, either party may apply to the National' War Labor
Board for the appointment of such person, whose decision shall be final
and binding upon all parties.
It is agreed that fruitless controversies must be avoided and every effort made
to maintain good feelings and harmonious relations. To accomplish this the
parties 'will in every instance give prompt attention to disputes and will in good
faith endeavor to settle the differences by conciliation.
Section 7. Hours of Work.' The Company will pay employees at the rate of
one and one-half,-times their regular, rates of pay for all work performed "in
excess of forty (40) hours for any one week, in excess of eight (8) hours in any
.one day, and for all work on, Saturdays. The Company will pay employees at
'twice the regular rates of pay for all work performed on Sundays and the
following Holidays: New Year's Day, Memorial Day, Independence Day, Labor
ANGELICA JACKET COMPANY 463
Day, Thanksgiving Day. Christmas Day, or the days on which such Holidays
are generally observed
The foregoing provisions as to'overtime may be subject to change by. Govern-
ment edict.
Section S. Wage s. Under Federal regulations the Company will employ learn-
ers at not less that the prevailing Federal rate of thirty-five (350) cents per hour,
the number of persons so employed to be governed by Federal conditions. Em-
ployees who have completed the learning period as provided for above will be
paid no less than forty (400) cents per hour. The Company agrees to install a
'fail-, and equitable incentive piece-work system of pay.
Section 9. ETpii ation. This Agreement shall remain in full - force and, ef-
fect for the period of one year (1) from date of execution. If either party de-
sires to amend or cancel this Agreement at the expiration of said year, it shall
give the other party at least sixty (00) days' prior written notice of such in-
tention. In the absence of any such notice the Agreement shall automatically
be extended for an additional period of one (1) year.
IN WITNESS WHEREOF, the parties have executed this Agreement on day and
year first 'above written.
THE ANGELICA JACKET COMPANY,
By WILLARD L. LEVY,
Treasurer.
MONTE MANUFACTURING COMPANY,-
-By W ILIA1RD L LEVY,
Treasurer.
UNITED GARMENT WORKERS UNION,
i ''Affiliated 'with' the A. F.'of L.
By EDWIN H. STERN.
This certifies that Bd's Ex. 3 for identification is •a true copy of the original.
signed contract now in possession of the companies.
RYBURN L. HACKLER,
Ittorney, NLRB, 14th Region.
CHARLES H SPREHM,
Atty. for Respondents.
EDWIN H. STERN.