Argonne Worstead Co.

National Labor Relations Board - Board Decisions

Nov 16, 1938

9 N.L.R.B. 900 (N.L.R.B. 1938)

in the Matter of ARGONNE WORSTED COMPANY and INDEPENDENT
TEXTILE UNION OF AMERICA
Case No. C-978.-Decided November;16, 1938
Woolen Textile Industry-Settlement : stipulation providing for back pay-
Order: entered on stipulation.
Mr. Benjamin E. Gordon, for the Board.
Hogan cfi Hogan, by Mr. Edward T. Hogan, and Mr. Laurence J.
Hogan, of Providence, R. I., for the respondent.
Mr. Joseph Schmetz, for the Union.
Mr. Richard Salant, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges "and amended charges duly filed by Independent
Textile Union of America, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the First Region (Boston, Massachusetts), issued its
complaint, dated September 15, 1938, against Argonne Worsted`
,Company, Woonsocket, Rhode Island, 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 Relations Act, 49 Stat. 449, herein called the Act. Copies of
the complaint and notice of hearing were duly served upon the
respondent and the Union.
In respect to the unfair labor practices, the complaint alleged-
-in substance (1) that the Union had engaged in a strike against
the Lafayette Worsted Company on or about September 4, 1936; (2)
-that on or about September 28, 1936, the respondent became suc-
cessor in part to the Lafayette Worsted Company and assumed the
'obligations of the said Lafayette Worsted Company with respect to
the employees named in the complaint; (3) that on or about October
1, 1936, the Union ceased its strike against the respondent, relying on
an agreement entered into between the respondent and a conciliator
,of the United States Department of Labor, which agreement was
9 N. L. R . B.. No. 84.
900
DECISIONS AND ORDERS 901,
to the effect that the respondent, in beginning and continuing opera-
tions, before hiring any other employees, would reinstate, hire, or
give employment to all former employees of the Lafayette Worsted
Company who were not hired by 'the said Lafayette Worsted
Spinning Company on resumption of operations on or about October
1, 1936; (4) that on or about October 1, 1936, and at all times since,
the respondent refused to reinstate 34 named employees for the rea-
son that, they were members of the, Union; had'=been active in the
strike, and had,"erigaged`-in concerted activities for their mutual aid
and protection; and (5) that the respondent, by the aforesaid acts,
and by other acts, interfered with, restrained, and coerced its em-
ployees in the exercise of their rights guaranteed in Section 7 of the
Act.
On September 26, 1938, the respondent filed an answer denying
that it had engaged in the unfair labor practices as alleged in the
complaint. At the same time, the respondent filed a motion for a.
bill of particulars.
On September 24, 1938, the Regional Director notified the respond-
ent and the Union that the hearing was postponed from September
26,,1938, to September 29, 1938. On September 26, 1938, the respond-
ent filed a motion for a continuance of the hearing because of diffi-
culties in the preparation of its defense caused by a hurricane in
Rhode Island on September 21, 1938. On September 27, 1938, the
Regional Director notified the respondent and the Union that the
hearing was continued to October 13, 1938.
On September 29, 1938, the Union filed second amended charges,
and on October 4, 1938, an amendment to the complaint was served
on the respondent and the Union. The amendment added the name
of one employee alleged to, have been discriminatorily refused em-
ployment under the circumstances described above. The amend-
ment also substituted the name Lafayette Worsted Company for
Lafayette Worsted Spinning Company. No further answer was filed
and at the opening of the hearing the parties agreed that the original
answer was to serve as an answer both to the original complaint and
the amendment to the complaint.
Pursuant to notice, hearings were held on October 13 and 14,
1938, at Woonsocket, Rhode Island, before I. L. Broadwin, the Trial
Examiner duly designated by the Board. The Board and the re-
spondent were represented by counsel and participated in the• hear-
ing. , The Union was represented by Joseph, Schmetz, its president.
At the opening of the hearing, the Trial Examiner denied the
respondent's motion for a bill of particulars. Counsel for the Board
had previously voluntarily furnished the respondent certain infor-
mation requested, but counsel for the Board, stated that the informa-
tion given had "no relation"'to the motion for bill of particulars.
902 NATIONAL LABOR RELATIONS BOARD
On October 14, upon the respondent's motion, the hearings were
adjourned until October 18, 1938. On October 18, the hearing re-
convened and the respondent, the Union, and counsel for the Board
entered into a stipulation setting forth the facts concerning the
nature and scope of respondent's business and the terms of a con-
sent order which the Board could enter in the case upon its approval
of the stipulation. This stipulation was received in evidence without
objection and` the hearing was closed;` subject. to being reopened, in
the event that the Board did, not approve. the stipulation. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
the parties. During the course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission,
of evidence. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
The above-mentioned stipulation provides as follows :
It is hereby stipulqted,,'by - and. between Argonne Worsted
Company, respondent herein, Independent Textile Union of
America, and Benjamin E. Gordon, Attorney, National Labor
Relations Board, that:
1. Upon charge as amended duly filed by the Independent
Textile Union of America, hereinafter referred to as- the union,
the National Labor Relations Board by A. Howard Myers, Re-
gional ,Director for the First Region, (Boston, Massachusetts),
acting pursuant to authority granted in Section 10 ' (b)'-of 'the
National Labor Relations Act, 49 Stat. 449, approved July 5,
1935, and acting pursuant to its Rules and Regulations, Series
1, as amended, Article IV, Section 1, issued its Complaint and
Notice of Hearing on September 15, 1938, against the Argonne
Worsted' Company, hereinafter referred to as the respondent,
respondent herein. '
II. The charge as amended, complaint and notice of hearing
thereon, and copy of the National Labor Relations Board Rules
and Regulations, Series 1, as amended, were duly served upon
the respondent and upon the union on September 16, 1938, said
hearing being scheduled for September 26, 1938, 10 A. M., in
Common Council Chambers, City Hall, Woonsocket, Rhode
Island. Notice of postponement of hearing from September 26,
1938 to September 29, 1938, at the same time and place as origi-
nally scheduled, was duly served upon the respondent and upon
the union on September 26, 1938. Thereafter, uporimotion duly
filed by respondent on September 26, 1938 to continue the hear-
ing, the Board through its Regional Director for the First Re-
DECISIONS AND ORDERS 903
gion issued its notice of continuance of hearing to October 13,
1938, at the same time and place as originally scheduled, which
was duly served upon the respondent and upon the union on
September 28, 1938.
The Union, on October 1, 1938, filed its second amended
charge in the matter. The Board, through its Regional Director
for the First Region, issued its Amendment to Complaint on
October 4, 1938, and a copy of the said Amendment to Complaint
together with copy of the second amended charge was duly served
upon the respondent and upon the union on October 5, 1938.
III. Respondent is and has been since September 28, 1936,
a corporation organized under and existing by virtue of the laws
of the State of Rhode Island and Providence Plantations, and is
now and has continuously been engaged at a place of business at
148 Hamlet Avenue, City of Woonsocket, County of Providence,
State of Rhode Island and Providence Plantations, hereinafter
referred to as the Plant, in the manufacture, sale and distribu-
tion of worsted yarns and wool tops; likewise the processing of
wool for accounts of customers upon a commission basis.
IV. Respondent, in the course and conduct of its operations
at the Plant, causes and has continuously caused approximately
all of the raw and other materials used in the manufacture of
its products at the Plant to be purchased and transported in
interstate and foreign commerce from and through states of the
United States other than the State of Rhode Island and Provi-
dence Plantations, and foreign countries, to the Plant in the
State of Rhode Island and Providence Plantations, and causes
and has continuously caused approximately seventy per cent
(70%) of the worsted yarns and wool tops manufactured by it
at the Plant to be sold and transported into and through states
of the United States other than the State of Rhode Island and
Providence Plantations.
Respondent's output (a) in terms of dollars is-
(1) Worsted yarns, approximately between $60,000 and
$70,000 per month; -
(2) Wool tops, approximately $20,000 per month;
(b) in terms of bulk is-
(1) Approximately 10,000 pounds of worsted yarn per
week ; -
(2) Approximately 45,000 pounds of wool tops per week.
V. Respondent, Argonne Worsted Company, is engaged in in-
terstate commerce within the meaning of the National Labor
Relations Act. - - - -
-904 NATIONAL LABOR RELATIONS BOARD
VI. Respondent, in the normal course and conduct of its busi-
ness at the Plant, employs approximately four hundred (400)
employees who are engaged in production.
VII. Independent Textile Union of America is a labor or-
ganization within the meaning of the National Labor Relations
Act.
VIII. It is further stipulated that upon the pleadings, testi-
mony, record, and upon this stipulation, if approved by the Na-
tional Labor Relations Board, an Order may forthwith be entered
by said Board and by the appropriate Circuit Court of Appeals
if the Board desires to make application thereto, providing as
follows :
1. Respondent, its officers, agents, successors and assigns, will
cease and desist from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of their 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 purposes of collective bargaining or
other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act;
(b) Discouraging membership in the Independent Textile
Union of America, or any other labor organization of its em-
ployees by discrimination in regard to hire or tenure of em-
ployment or any term or condition of employment.
2. Respondent, its officers, agents, successors and assigns, will
take the following affirmative action to effectuate the policies of
the Act :
(a) Pay the sum of $9,000 to be distributed by respondent or
its duly authorized counsel, to the following persons in the
amounts provided below :
Michael Dolinski----------------------------------- $250.00
Oliver Plasse -------------------------------------- 200.00
Ronald Bibeault ----------------------------------- 200.00
Rene Trinque-------------------------------------- 100.00
Edgar Bruneau------------------------------------ 225.00
Norbert Bruneau----------------------------------- 275.00
Conrad Bibeault----------------------------------- 250.00
Ovila Gregoire------------------------------------- 125.00
Leo Gregoire-------------------- ------------------ 125.00
Albert Masse -------------------------------------- 100 00
Aram Masse--------------------------------------- 125.00
Andre Morneau------------------------------------ 325.00
Donat Gladu--------------------------------------- 200.00
Yvette Laplume------------------------------------ 650.00
Lucien Trinque------------------------------------- 250.00
Alphonse Robidoux--------------------------------- 275.00
DECISIONS AND ORDERS
William Rainville------ ----------------------------- $ 275. 00
905
Edmond Rondeau ---------------------------------- 100.00
Dieudonne Bibeault -------------------------------- 385.00
Marie Cousineau----------------------------------- 550.00
Alfred Pelletier------------------------------------ 250.00
Lucille Lavellier ----------------------------------- 100.00
Edgar Charpentier--------------------------------- 450.00
Alfred Mandville----------------------------------- 50. 00
Ella Caron---------------------------------------- 100.00
Anselm Hamelin----------------------------------- 200.00
Gerald Beaulieu ----------------------------------- 650.00
Urgel Riquier-------------------------------------- 950. 00
Nick Lupu----------------------------------------- 275.00
Dianna Beaulieu----------------------------------- 125 00
Olivette Barras ------------------------------------ 440.00
Doria Messier----------------- -------------------- 50.00
Pierre Grenier------------------------------------- 200.00
Charles Gilbert ------------------------------------ 125.00
Laurianne Sarrasin -------------------------------- 50. 00
(b) Respondent shall post Notices at its Plant embodying
the terms and provisions of the Order, such notices to remain
posted in conspicuous places in the Plant for a period of thirty
(30) days.
IX. It is further agreed that this stipulation shall be null and
void and of no effect in the event the National Labor Relations
Board does not approve this stipulation and does not enter an
Order based upon the terms and provisions of the said stipula-
tion, and that in the event the Board does not approve the stipu-
lation and issue an Order based upon the terms and provisions
of the said stipulation the hearing shall be reconvened and all
parties shall have full and complete opportunity to introduce
such testimony as they desire, within the issues as framed.
X. The issuance of an Order based upon the terms and pro-
visions of this stipulation shall constitute a complete determina-
tion of all the issues raised by the pleadings in this proceeding.
XI. It is further agreed that respondent will abide by this
stipulation and any Order thereon which may be issued by the
National Labor Relations Board or the appropriate Circuit
Court of Appeals if application is made thereto by the National
Labor Relations Board. Respondent waives its right to contest
the entry of any such decree and its right to receive notice of
the filing of an application for the entry of such decree, in the
form set forth above.
On October 21, 1938, pursuant to Section 37 of Article II of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, the Board issued its order approving the stipulation and
transferring the proceeding to the Board, for the purpose of entry of
906 NATIONAL LABOR RELATIONS BOARD
a decision and order by the Board -pursuant to said stipulation. By
order of the -Board the stipulation was made part of the record of
the case.
Upon the entire record of the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TILE RESPONDENT
The respondent is a Rhode Island corporation doing business in
Woonsocket, Rhode Island. It is engaged in the manufacture, sale
and distribution of worsted yarns and wool tops and in the processing
of wool for accounts of customers on a commission basis. It obtains
practically all its raw materials from sources outside of the State of
Rhode Island. The principal sources of supply of its raw materials
are Texas, Oregon, and Massachusetts. The principal sources of
supply of the equipment and machinery used by the respondent in its
business are France and Massachusetts. The respondent's monthly
output of worsted yarns is approximately between $60,000 and
$70,000, while the monthly output of wool tops is approximately
$20,000. In items of bulk, its output is approximately 10,000 pounds
of worsted yarn per week and 45,000 pounds of wool tops per week.
Seventy per cent of this output is shipped to points outside the State
of Rhode Island.
We find that the above-described operations constitute a contin-
uous flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, the 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 Argonne Worsted Company, Woonsocket, Rhode
Island, and 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 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 or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in Independent Textile Union of
America, or any other labor organization of its employees by dis-
criminating in regard to hire or tenure of employment or any term
or condition of employment.
DECISIONS AND ORDERS 907
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Pay the sum of $9,000 to be distributed by respondent or its
duly authorized counsel, to the following persons in the amounts
provided below :
Michael Dolinski---------------------------------------- $250.00
Oliver Plasse-------------------------------------------- 200.00
Ronald Bibeault----------------------------------------- 200.00
Rene Trinque------------------------------------------- 100.00
Edgar Bruneau----------------------------------------- 225.00
Norbert Bruncau---------------------------------------- 275.00
Conrad Bibeault---------------------------------------- 250.00
Ovila Gregoire------------------------------------------ 125.00
Leo Gregoire-------------------------------------------- 125.00
Albert Masse------------------------------------------- 100.00
Aram Masse-------------------------------------------- 125.00
Andre Morneau----------------------------------------- 325 00
Donat Gladu------------------------------------------- 200.00
Yvette Laplume_________________________________________ 650.00
Lucien Trinque------------------------------------------ 250.00
Alphonse Robidoux-------------------------------------- 275.00
William Rainville--------------------------------------- 275.00
Edmond Rondeau--------------------------------------- 100.00
Dieudonne Bibeault------------------------------------- 385.00
Marie Cousineau---------------------------------------- 550.00
Alfred Pelletier---------------------------------------- 250.00
Lucille Lavellier---------------------------------------- 100.00
Edgar Charpentier-------------------------------------- 450.00
Alfred Mandville---------------------------------------- 50.00
Ella Caron--------------------------------------------- 100.00
Anselm Hamelin---------------------------------------- 200.00
Gerald Beaulieu---------------------------------------- 650.00
Urgel Riquier------------------------------------------- 950.00
Nick Lupu---------------------------------------------- 275.00
Dianna Beaulieu---------------------------------------- 125.00
Olivette Barras----------------------------------------- 440.00
Doria Messier------------------------------------------ 50.00
Pierre Grenier------------------------------------------ 200.00
Charles Gilbert----------------------------------------- 125.00
Laurianne Sarrasin------------------------------------- 50.00
(b) Post notices at its plant embodying the terms and provisions
of the Order, such notices to remain posted in conspicuous places in
the plant for a period of thirty (30) days.