Bemis Bro. Bag Co.

National Labor Relations Board - Board Decisions

Feb 5, 1940

20 N.L.R.B. 152 (N.L.R.B. 1940)

In the Matter of BEMIS BRO. BAG COMPANY and TEXTILE WORKERS
UNION OF AMERICA
Case No. C-1470.-Decided February 5, 1940
Cotton and Paper Bag Manufacturing Industry-Settlement: stipulation pro-
viding for compliance with the Act-Order: entered on stipulation.
Mr. Join C. HcRee, and Mr. Alexander E. Wilson, Jr., for the
Board.
Mr. Frank Gladney, of St. Louis, Mo., and Mr. B. J. Everett, of
Jackson, Tenn., for the respondent.
Mr. R. H. Brazzell, of Nashville, Tenn., for the Union.
Mr. Albert J. Hoban, 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, herein called the Union, the National, Labor Re-
lations Board, herein called the Board, by the Regional Director for
the Tenth Region (Atlanta, ' Georgia), issued its complaint dated
November 21, 1939, against Bemis Bro. Bag Company, St. Louis, Mis-
souri, herein called the respondent, alleging that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1), (3), and (4) 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.
In respect to the -unfair labor practices the complaint alleged, in
substance, that the respondent (1) discharged Eva Reeves 1 and J. W.
Yarbrough on or about July 6, 1936, because they joined and assisted
a labor organization and engaged in concerted activity with other
employees for the purpose of collective bargaining and mutual aid and
protection and because they testified before a duly appointed Trial
Examiner of the Board during a hearing conducted from January 24
1 Referred to in stipulation as Eva Reeves Creasy.
20 N. L. R. B., No. 14.
152
BEMIS BRO . BAG COMPANY 153
to April 18, 1936, in Matter of Bemis Bro. Bag Company and Local
No. 1838, United Textile Workers of America; 2 (2) discharged and
thereafter refused to reinstate E. D. Patterson, C. A. King, Cliff Mayo,
Sam B. Rice, Arthur Weaver, and Morris Brasher, because they joined
and assisted a labor organization and engaged in concerted activi-
ties for the purposes of collective bargaining and for mutual aid and
protection; and (3) by the discharges and by advising its employees
to withdraw from or refuse to become affiliated with the Union; by
threatening its employees with summary lay-off, discharge, or other
discipline if they persisted in activities in behalf of the Union; by
threatening its employees with the loss of seniority or other favorable
working conditions if they persisted in activities in behalf of the
Union; by promising its employees better jobs and job protection on
condition that they withdraw from the Union; and by telling its em-
ployees that the Union did not benefit them, and advising them not
to join or to remain affiliated with the Union had, at various times
since April 18, 1936, interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act. On December 6, 1939, the respondent duly filed its answer in
which it admitted some of the specific averments in the complaint but
denied others including the allegations that it had engaged in unfair
labor practices.
Pursuant to notice, a hearing was held at Jackson, Tennessee, on
January 8, 1940, before James C. Batten, the Trial Examiner duly
designated by the Board. The Board, the respondent, and the Union
were represented by counsel and participated in the hearing. After the
introduction of formal papers the Board's attorney informed the Trial
Examiner that the parties had reached a tentative agreement settling
the case and the Trial Examiner adjourned the hearing indefinitely.
On January 9, 1940, counsel for the Board, counsel for the respond-
ent, and counsel for the Union entered into a stipulation in settlement
of the case subject to the approval of the Board. The stipulation
provided as follows :
Charges and amended charges having been filed with Charles
N. Feidelson, Regional Director of the National Labor Rela-
tions Board for the Tenth Region, by the Textile Workers Union
of America, alleging that Bemis Bro. Bag Company, the re-
spondent herein, had violated Section 8, Subsection (1) (3) and
(4) of the National Labor Relations Act (49 Stat. 449) ; and
complaint having been issued and served on November 22, 1939
and hearing having been held before a duly authorized agent
of the National Labor Relations Board at Jackson, Tennessee
2 3 N. L. R . B. 267.
154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on January 8, 1940, and it being the intention of the parties to
dispose of the matters which have arisen,
It is hereby stipulated and agreed by and between John C.
McRee and Alexander E. Wilson, Jr., attorneys for the National
Labor Relations Board, Bemis Bro. Bag Company, by its at-
torneys , S. J. Everett and Frank Y. Gladney, and Textile Work-
ers Union of America , by its attorney , R. H. Brazzell , as follows :
1. The respondent is a corporation duly organized and exist-
ing under the laws of the state of Missouri , having its principal
office and place of business in the City of St. Louis, State of
Missouri . It is engaged in the manufacture , sale and distribu-
tion of cotton and paper bags. It operates a mill at Bemis in
the State of Tennessee, which is engaged in production and dis-
tribution of cotton sheeting . The great bulk of the raw mate-
rials used in its Bemis Mill is purchased in the state of
Tennessee . Approximately ninety -seven (97%) percent of the
products of the Bemis mill is shipped to other plants of the
respondent, which are located in states other than Tennessee for
further processing . Its purchases for the year 1939 totaled
approximately $1,015,000.00 and its products during the same
period were valued at approximately $2,000,000.00.
For the purpose of this stipulation , and for no other purpose,
the respondent admits that it is engaged in interstate commerce
within the meaning of Section 2 , Subsections (6) and (7) of,
the National Labor Relations Act (49 Stat. 449).
2. The respondent waives all further or other procedure pro-
vided by the National Labor Relations Act, or the Rules and
Regulations of the National Labor Relations Board, including
the making of findings of fact and conclusion of law.
3. Upon the pleadings and record in this matter and upon this
stipulation the National Labor Relations Board may order the
Respondent , its officer , agents, successors , and assigns to :
Take the following affirmative action within forty-eight hours
(Saturday and Sunday excepted ) after receipt of notice of the
approval of this stipulation by the National Labor Relations
Board, to effectuate the policies of the National Labor Relations
Act :
A. Offer to Arthur Weaver reinstatement to his previous posi-
tion without prejudice to his former seniority rights and other
rights and privileges.
B. Pay to the following named persons the amount of money
set opposite their respective names in full settlement for loss
of pay suffered, and any and all claims to which any of them
BEMIS BRO. BAG COMPANIY 155
might be entitled because of any matter set forth in the com-
plaint in this matter :
(1) Cliff Mayo----------------------------------- $150.00
(2) J. W. Yarbrough----------------------------- 100.00
(3) Eva Reeves Creasy--- ------------------------ 100.00
C. Post the following notice to its employees in conspicuous
places in the plant at Bemis,, Tennessee, and maintain such no-
tices for a period of at least sixty (60) days from the date of
said posting :
"NOTICE TO EMPLOYEES
"Inasmuch as it has been some time since The Company an-
nounced its policy, it seems advisable at this time to repeat what
has been said before.
"Employees may join any labor union of their own choosing.
They may refrain from joining any labor union. The Company
takes no position in the matter one way or the other. Each
employee must decide for himself. Whether you belong to a
labor union or do not belong, you will be accorded the same
treatment as any other employee. The National Labor Rela-
tions Act declares this: `Employees shall have the right to self
organization, to form, join or assist labor organizations, to bar-
gain 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.' This is the law
of the land and the policy of the Company."
It is further stipulated that the complaint be dismissed in
respect to E. D. Patterson, C. A. King, Sam B. Rice, and Morris
Brasher.
The entire agreement is contained within the terms of this
stipulation and there is no verbal agreement of any kind which
varies, alters or adds to it.
It is understood and agreed that this stipulation is subject
to the approval of the National Labor Relations Board and
shall become effective immediately upon granting such approval.
On January 15, 1940, the Board issued its order approving the
above stipulation, making it a part of the record, and, in accordance
with Article II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, transferring to and continuing the pro-
ceeding before the Board for the purpose of entry of decision and
order by the Board pursuant to the provisions of the stipulation.
156 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above stipulation and upon the entire record
in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Bemis Bro. Bag Company, is a Missouri corpora-
tion with its principal office and place of business at St. Louis,
Missouri. It is engaged in the manufacture, sale, and distribution
of cotton and paper bags. At Bemis, Tennessee, the respondent oper-
ates a plant, herein called the Bemis plant, in which it is engaged in
the production and distribution of cotton sheeting. The great bulk
of the raw materials used at the Bemis plant are purchased in Ten-
nessee but approximately 97 per cent of the products of the Bemis
plant are shipped, for further processing, to other plants of the
respondent located in States other than Tennessee . The respondent's
total purchases for the year 1939 totaled approximately $1,015,000
and the value of its products during the same amounted to approxi-
mately $2,000,000. For the purposes of the stipulation the respondent
admits that it is engaged in interstate commerce within the meaning
of the Act.
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 the respondent Bemis Bro. Bag Company of St.
Louis, Missouri, and its officers, agents, successors, and assigns shall:
Take the following affirmative action within forty-eight hours
(Saturday and Sunday excepted) after receipt of notice of the approval
of this stipulation by the National Labor Relations Board, to effectu-
ate the policies of the National Labor Relations Act :
A. Offer to Arthur Weaver reinstatement to his previous position
without prejudice to his former seniority rights and other rights and
privileges.
B. Pay to the following named persons the amount of money set
opposite their respective names in full settlement for loss of pay
suffered, and any and all claims to which any of them might be en-
titled because of any matter set forth in the complaint in this matter :
(1) Cliff Mayo----------------------------------------- $150.00
(2) J. W. Yarbrough------------------------------------ 100.00
(3) Eva Reeves Creasy--------------------------------- 100.00
BEMIS BRO. BAG COMPANY 157
C. Post the following notice to its employees in conspicuous places
in the plant at Bemis, Tennessee, and maintain such notices for a
period of at least sixty (60) days from the date of said posting:
NOTICE TO EMPLOYEES
Inasmuch as it has been some time since The Company an-
nounced its policy, it seems advisable at this time to repeat what
has been said before.
Employees may join any labor union of their own choosing.
They may refrain from joining any labor union. The Company
takes no position in the matter one way or the other. Each em-
ployee must decide for himself. Whether you belong to a labor
union .or do not belong, you will be accorded the same treatment
as any other employee. The National Labor Relations Act de-
clares this : "Employees shall have 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 or
other mutual aid or protection." This is the law of the land and
the policy of the Company.
AND IT Is FuRTFIEJ ORDERED that the complaint be, and it hereby is,
dismissed with respect to E. D. Patterson, C. A. King, Sam B. Rice,
and Morris Brasher.