Choctaw Mfg. Co.

National Labor Relations Board - Board Decisions

Sep 30, 2003

340 N.L.R.B. 502 (N.L.R.B. 2003)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 502
Choctaw Manufacturing Company, Inc. and Union of
Needletrades, Industrial and Textile Employees,
AFL–CIO, CLC. Cases 15–CA–16699, 15–CA–
16703, 15–CA–16705, and 15–CA–16755
September 30, 2003
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS
LIEBMAN
AND WALSH
The General Counsel seeks a default judgment1 in this
case on the ground that the Respondent has failed to file
an answer to the consolidated complaint. Upon charges
and amended charges filed by the Union of Needletrades,
Industrial and Textile Employees, AFL–CIO, CLC, the
Union, between August 2, and October 16, 2002, the
General Counsel issued the consolidated complaint on
November 29, 2002, against Choctaw Manufacturing
Company, Inc., the Respondent, alleging that it has vio-
lated Section 8(a)(1), (3), and (5) of the Act. The Re-
spondent failed to file an answer.2
On February 21, 2003, the General Counsel filed a
Motion for Summary Judgment with the Board and
Memorandum in support. On March 5, 2003, the Board
issued an order transferring the proceeding to the Board
and a Notice to Show Cause why the motion should not
be granted. The Respondent filed no response. The alle-
gations in the motion are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in the complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is
shown. In addition, the consolidated complaint affirma-
tively states that unless an answer is filed within 14 days
of service, all the allegations in the complaint will be
considered admitted. Further, the undisputed allegations

1 The General Counsel’s motion requests summary judgment on the
ground that the Respondent has failed to file an answer to the com-
plaint. Accordingly, we construe the General Counsel’s motion as a
motion for default judgment.
2 The General Counsel’s motion indicates that the Respondent has
filed a petition for bankruptcy. It is well established that the institution
of bankruptcy proceedings does not deprive the Board of jurisdiction or
authority to entertain and process an unfair labor practice case to its
final disposition. See, e.g., Cardinal Services, 295 NLRB 933 fn. 2
(1989), and cases cited there. Board proceedings fall within the excep-
tion to the automatic stay provisions for proceedings by a governmental
unit to enforce its police or regulatory powers. See id.; NLRB v. 15th
Avenue Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir. 1992). Accord:
Aherns Aircraft, Inc. v. NLRB, 703 F.2d 23 (1st Cir. 1983).
in the General Counsel’s motion disclose that the Re-
gion, by letter dated February 5, 2003, notified the Re-
spondent that unless an answer was received by February
14, 2003, a Motion for Default Judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s motion for default judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation
with an office and place of business in Silas, Alabama,
has been engaged in manufacturing apparel.
Annually, the Respondent, in conducting its business
operations described above, purchases and receives at its
Silas, Alabama facility goods valued in excess of
$50,000 directly from points outside the State of Ala-
bama, sells and ships, from its Silas, Alabama facility
goods valued in excess of $50,000 directly to points out-
side the State of Alabama, and derives gross revenues in
excess of $500,000.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act and that Union of Needletrades, Industrial
and Textile Employees, AFL–CIO, CLC, is a labor or-
ganization within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held
the positions set forth opposite their names and have
been supervisors of the Respondent within the meaning
of Section 2(11) of the Act and agents of the Respondent
within the meaning of Section 2(13) of the Act

R. Malcolm Utsey President
Randy Utsey Manager
James Giles Plant Manager
Becky Hollis Mazingo Supervisor
Mary Hill Supervisor
Lois Trailor Supervisor
James Agee Supervisor

About August 8, 2002, the Respondent, by Lois
Trailor, at the Respondent’s facility: (1) informed em-
ployees that doctor-excused and personal day absences
would not be accepted for absences occurring on August
12, 2002, to prevent employees from engaging in activi-
ties on behalf of the Union; and (2) threatened to termi-
nate employees if they engaged in activities on behalf of
the Union.
About August 8, 2002, the Respondent, by Becky
Hollis Mazingo, at the Respondent’s facility: (1) threat-
ened employees with closure of the Respondent’s facility
340 NLRB No. 66
CHOCTAW MFG. CO. 503
if employees engaged in activities on behalf of the Un-
ion; and (2) threatened to terminate employees if they
engaged in activities on behalf of the Union.
About August 12, 2002, the Respondent, by Randy Ut-
sey, at the Respondent’s facility, informed employees
that they were being terminated because they engaged in
protected concerted activities and activities on behalf of
the Union.
From about August 7, to about August 8, 2002, certain
employees of the Respondent represented by the Union
and employed at the Respondent’s facility ceased work
concertedly and engaged in a strike.
The strike was caused by the Respondent’s unfair la-
bor practice of refusing to negotiate for a collective-
bargaining agreement with the Union since about July
30, 2002, as described below.
About August 8, 2002, by faxed letter, the following
employees, who had engaged in the strike described
above, made an unconditional offer to return to their
former positions of employment

Henry McGrew
Willie Witherspoon, Jr.
Tracy McGrew
Johnny McGrew
Jamie Dearmon

Since about August 8, 2002, the Respondent has failed
and refused to reinstate the employees named above to
their former positions of employment, and about that
same date, the Respondent terminated these employees.
The Respondent terminated employees Henry
McGrew, Willie Witherspoon Jr., Tracy McGrew,
Johnny McGrew, and Jamie Dearmon because they as-
sisted the Union and engaged in union activities, and to
discourage employees from engaging in union activities.
The following employees of the Respondent (the unit),
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act
All production and maintenance employees, including
machine operators, mechanics, packers and cutting
room employees employed at the Company’s Silas,
Alabama facility, excluding office clerical employees,
professional employees, guards and supervisors as de-
fined in the Act.
On November 6, 1978, the Amalgamated Industrial
and Service Workers (Amalgamated) was certified as the
exclusive collective-bargaining representative of the unit.
In 1995, Amalgamated merged with the International
Ladies’ Garment Workers’ Union to form the Union. At
all times since this merger, and at all material times, the
Union has been the designated exclusive collective-
bargaining representative of the unit, and since 1995 the
Union has been recognized as the representative by the
Respondent. This recognition has been embodied in suc-
cessive collective-bargaining agreements, the most recent
of which is effective from February 1, 1999, to January
31, 2002. By supplemental agreement dated January 30,
2002, this agreement was renewed for 6 months through
July 31, 2002.
At all times since 1995, based on Section 9(a) of the
Act, the Union has been the exclusive collective-
bargaining representative of the unit.
Since about July 30, 2002, the Respondent has refused
to negotiate for a collective-bargaining agreement with
the Union.
About August 6, 2002, the Respondent eliminated
smoking breaks.
About July and August 2002, the Respondent laid off
employees in its trouser line.
The subjects set forth above relate to wages, hours, and
other terms and conditions of employment of the unit and
are mandatory subjects for the purposes of collective
bargaining.
The Respondent eliminated smoking breaks without
prior notice to the Union and without affording the Un-
ion an opportunity to bargain with the Respondent with
respect to this conduct and the effects of this conduct.
The Respondent laid off employees in its trouser line
without affording the Union an opportunity to bargain
with the Respondent about the effects of this conduct.
Since about August 8, 2002, the Union, by letter, has
requested that the Respondent furnish the Union with the
following information

(a) A complete list of bargaining unit employees
and their respective addresses and telephone num-
bers;
(b) By individual each employee[’]s job assign-
ment showing job seniority and plant seniority;
(c) By individual each employee[’]s most recent
rate of pay both time work and piece work; and
(d) A copy of the OSHA log 200 for the previous
calendar year.

Since about August 22, 2002, the Union, by letter, has
requested that the Respondent furnish the Union with a
list of any and all employees hired by the Respondent
from July 30 through August 22, 2002, their current posi-
tions, hire dates, and rates of pay.
The information requested by the Union is necessary
for, and relevant to, the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 504
Since about August 10, 2002, the Respondent, by let-
ter, has failed and refused to furnish the Union with the
information requested by it on August 8, 2002.
Since about August 22, 2002, the Respondent has
failed and refused to furnish the Union with the informa-
tion requested by it on August 22, 2002.
CONCLUSIONS OF LAW
1. By the acts and conduct described above, the Re-
spondent has been interfering with, restraining, and co-
ercing employees in the exercise of the rights guaranteed
in Section 7 of the Act, in violation of Section 8(a)(1) of
the Act.
2. In addition, by discharging employees because they
engaged in union and other protected activities, the Re-
spondent has discriminated in regard to the hire or tenure
or terms and conditions of employment of its employees
thereby discouraging membership in a labor organiza-
tion, in violation of Section 8(a)(3) of the Act.
Further, by failing and refusing to negotiate for a col-
lective-bargaining agreement with the Union; by failing
and refusing to give the Union notice and an opportunity
to bargain about the decision to eliminate smoking
breaks about August 6, 2002, and its effects; by laying
off employees in its trouser line about July and August
2002, without affording the Union an opportunity to bar-
gain with respect to the effects of this decision; and by
failing and refusing to provide the Union with requested
information that is necessary for and relevant to the Un-
ion’s performance of its duties as the exclusive collec-
tive-bargaining representative of the unit, the Respondent
has violated Section 8(a)(5) of the Act.
3. The Respondent’s unfair labor practices affect com-
merce within the meaning of Section 2(6) and (7) of the
Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has violated Section 8(a)(1)
and/or (3) by refusing to reinstate and by discharging
employees Henry McGrew, Willie Witherspoon Jr.,
Tracy McGrew, Johnny McGrew, and Jamie Dearmon,
we shall order the Respondent to offer these employees
full reinstatement to their former jobs, or, if those jobs no
longer exist, to substantially equivalent positions, with-
out prejudice to their seniority or any other rights or
privileges previously enjoyed. Further, we shall order
the Respondent to make them whole for any loss of earn-
ings and other benefits suffered as a result of the dis-
crimination against them. Backpay shall be computed in
accordance with F. W. Woolworth Co., 90 NLRB 289
(1950), with interest as prescribed in New Horizons for
the Retarded, 283 NLRB 1173 (1987). The Respondent
shall also be required to remove from its files any and all
references to the unlawful failure to reinstate and dis-
charges of Henry McGrew, Willie Witherspoon Jr.,
Tracy McGrew, Johnny McGrew, and Jamie Dearmon,
and to notify them in writing that this has been done.
Further, having found that the Respondent has violated
Section 8(a)(5) and (1) of the Act by refusing to negoti-
ate for a collective-bargaining agreement with the Union,
we shall order the Respondent, on request, to bargain in
good faith with the Union and, if an understanding is
reached, to embody that understanding in a signed agree-
ment.
In addition, we shall order the Respondent to rescind,
on request, the unlawful unilateral elimination of smok-
ing breaks about August 6, 2002, and to make whole the
unit employees for any loss of earnings and other bene-
fits they may have suffered as a result of the Respon-
dent’s unlawful actions. Backpay shall be computed in
accordance with Ogle Protection Service, 183 NLRB 682
(1970), enfd. 444 F. 2d 502 (6th Cir. 1071), with interest
as prescribed in New Horizons for the Retarded, supra.
Further, having found that the Respondent unlawfully
failed and refused to bargain with the Union about the
effects of the Respondent’s decision to lay off the em-
ployees in its trouser line, we shall order the Respondent
to bargain with the Union, on request, about the effects
of that decision. Because of the Respondent’s unlawful
conduct, however, the laid off employees have been de-
nied an opportunity to bargain through their collective-
bargaining representative. Meaningful bargaining cannot
be assured until some measure of economic strength is
restored to the Union. A bargaining order alone, there-
fore, cannot serve as an adequate remedy for the unfair
labor practices committed.
Accordingly, we deem it necessary, in order to ensure
that meaningful bargaining occurs and to effectuate the
policies of the Act, to accompany our Order with a lim-
ited backpay requirement designed to make whole the
employees for losses suffered as a result of the violations
and to recreate in some practicable manner a situation in
which the parties’ bargaining position is not entirely de-
void of economic consequences for the Respondent. We
shall do so by ordering the Respondent to pay backpay to
the laid off employees in a manner similar to that re-
quired in Transmarine Navigation Corp., 170 NLRB 389
(1968),3 as clarified by Melody Toyota, 325 NLRB 846
(1998).

3 See also Live Oak Skilled Care & Manor, 300 NLRB 1040 (1990).
CHOCTAW MFG. CO. 505
Thus, the Respondent shall pay its laid off employees
backpay at the rate of their normal wages when last in the
Respondent’s employ from 5 days after the date of this
Decision and Order until occurrence of the earliest of the
following conditions: (1) the date the Respondent bar-
gains to agreement with the Union on those subjects per-
taining to the effects of the layoffs; (2) a bona fide im-
passe in bargaining; (3) the Union’s failure to request
bargaining within 5 business days after receipt of this
Decision and Order, or to commence negotiations within
5 business days after receipt of the Respondent’s notice
of its desire to bargain with the Union; or (4) the Union’s
subsequent failure to bargain in good faith.
In no event shall the sum paid to these employees ex-
ceed the amount they would have earned as wages from
the date on which they were laid off to the time they se-
cured equivalent employment elsewhere, or the date on
which the Respondent shall have offered to bargain in
good faith, whichever occurs sooner. However, in no
event shall this sum be less than the employees would
have earned for a 2-week period at the rate of their nor-
mal wages when last in the Respondent’s employ. Back-
pay shall be based on earnings which the laid off em-
ployees would normally have received during the appli-
cable period, less any net interim earnings, and shall be
computed in accordance with F. W. Woolworth Co., 90
NLRB 289 (1950), with interest as prescribed in New
Horizons for the Retarded, 283 NLRB 1173 (1987).
Finally, having found that the Respondent violated
Section 8(a)(5) and (1) by failing and refusing to provide
the Union with necessary and relevant information it
requested on August 8 and 22, 2002, we shall order the
Respondent to provide the information to the Union.
ORDER
The National Labor Relations Board orders that the
Respondent, Choctaw Manufacturing Company, Inc.,
Silas, Alabama, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Informing employees that doctor-excused and per-
sonal day absences will not be accepted for absences in
order to prevent employees from engaging in activities
on behalf of the Union.
(b) Threatening employees with termination if they
engage in activities on behalf of the Union.
(c) Threatening employees with the closure of the Re-
spondent’s facility if they engage in activities on behalf
of the Union.
(d) Informing employees that their employment was
terminated because they engaged in protected concerted
activities and activities on behalf of the Union.
(e) Failing and refusing to reinstate unfair labor prac-
tice strikers to their former positions upon their uncondi-
tional offers to return to work.
(f) Terminating employees because they engaged in
union activities and assisted the Union.
(g) Refusing to negotiate for a collective-bargaining
agreement with the Union of Needletrades, Industrial and
Textile Employees, AFL–CIO, CLC, as the exclusive
collective-bargaining representative of the employees in
the following unit
All production and maintenance employees, including
machine operators, mechanics, packers and cutting
room employees employed at the Company’s Silas,
Alabama facility, excluding office clerical employees,
professional employees, guards and supervisors as de-
fined in the Act.
(h) Unilaterally eliminating smoking breaks.
(i) Laying off employees in the trouser line without af-
fording the Union an opportunity to bargain with the
Respondent with respect to the effects of this conduct.
(j) Failing and refusing to furnish the Union with in-
formation that is relevant and necessary to the perform-
ance of its duties as the exclusive bargaining representa-
tive of the unit employees.
(k) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Within 14 days from the date of this Order, offer
Henry McGrew, Willie Witherspoon Jr., Tracy McGrew,
Johnny McGrew, and Jamie Dearmon, full reinstatement
to their former jobs, or, if those jobs no longer exist, to
substantially equivalent positions, without prejudice to
their seniority or any other rights or privileges previously
enjoyed.
(b) Make Henry McGrew, Willie Witherspoon Jr.,
Tracy McGrew, Johnny McGrew, and Jamie Dearmon
whole for any loss of earnings and other benefits suffered
as a result of the discrimination against them, with inter-
est, in the manner set forth in the remedy section of this
decision.
(c) Within 14 days from the date of this Order, remove
from its files any and all references to the unlawful fail-
ure to reinstate and discharges of Henry McGrew, Willie
Witherspoon Jr., Tracy McGrew, Johnny McGrew, and
Jamie Dearmon, and within 3 days thereafter notify them
in writing that this has been done, and that the failures to
reinstate and the discharges will not be used against them
in any way.
(d) On request, bargain with the Union as the exclusive
collective-bargaining representative of the unit employ-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 506
ees concerning terms and conditions of employment and,
if an understanding is reached, embody that understand-
ing in a signed agreement.
(e) On request, rescind the unlawful unilateral elimina-
tion of smoking breaks about August 6, 2002, and make
whole the unit employees for any loss of earnings and
other benefits they may have suffered as a result of the
Respondent’s unlawful unilateral change, in the manner
set forth in the remedy section of this decision.
(f) On request, bargain with the Union over the effects
of the Respondent’s decision to lay off the employees on
its trouser line, and reduce to writing and sign any
agreement reached as a result of such bargaining.
(g) Pay the employees laid off from the trouser line
their normal wages when last in the Respondent’s em-
ploy from 5 days after the date of this Decision and Or-
der until the occurrence of the earliest of the following
conditions: (1) the date the Respondent bargains to
agreement with the Union on those subjects pertaining to
the effects of the layoffs on its employees; (2) a bona
fide impasse in bargaining; (3) the Union’s failure to
request bargaining within 5 business days after receipt of
this Decision and Order, or to commence negotiations
within 5 business days after receipt of the Respondent’s
notice of its desire to bargain with the Union; or (4) the
Union’s subsequent failure to bargain in good faith; but
in no event shall the sum paid to any of the employees
exceed the amount they would have earned as wages
from the date on which they were laid off to the time
they secured equivalent employment elsewhere, or the
date on which the Respondent shall have offered to bar-
gain in good faith, whichever occurs sooner; provided,
however, that in no event shall this sum be less than the
employees would have earned for a 2-week period at the
rate of their normal wages when last in the Respondent’s
employ, with interest, as set forth in the remedy section
of this decision.
(h) Furnish the Union with the information it requested
on August 8 and 22, 2002.
(i) Preserve and, within 14 days of a request, or such
additional time as the Regional Director may allow for
good cause shown, provide at a reasonable place desig-
nated by the Board or its agents, all payroll records, so-
cial security payment records, timecards, personnel re-
cords and reports, and all other records including an elec-
tronic copy of such records if stored in electronic form,
necessary to analyze the amount of backpay due under
the terms of this Order.
(j) Within 14 days after service by the Region, post at
its facility in Silas, Alabama, copies of the attached no-
tice marked “Appendix.”4 Copies of the notice, on forms
provided by the Regional Director for Region 15, after
being signed by the Respondent’s authorized representa-
tive, shall be posted by the Respondent and maintained
for 60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Respon-
dent to ensure that the notices are not altered, defaced, or
covered by any other material. In the event that, during
the pendency of these proceedings, the Respondent has
gone out of business or closed the facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at any time since August 8, 2002.
(k) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.

FEDERAL LAW GIVES YOU THE RIGHT TO

Form, join, or assist any union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT inform employees that doctor-
excused and personal day absences will not be accepted
for absences in order to prevent employees from engag-
ing in activities on behalf of the Union.
WE WILL NOT threaten employees with termination
if they engage in activities on behalf of the Union.

4 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
CHOCTAW MFG. CO. 507
WE WILL NOT threaten employees with the closure
of our facility if they engage in activities on behalf of the
Union.
WE WILL NOT inform employees that their employ-
ment was terminated because they engaged in protected
concerted activities and activities on behalf of the Union.
WE WILL NOT fail and refuse to reinstate unfair la-
bor practice strikers to their former positions upon their
unconditional offers to return to work.
WE WILL NOT terminate employees because they
engaged in union activities and assisted the Union.
WE WILL NOT refuse to negotiate for a collective-
bargaining agreement with the Union of Needletrades,
Industrial and Textile Employees, AFL–CIO, CLC, as
the exclusive collective-bargaining representative for our
unit employees. The appropriate unit is
All production and maintenance employees, including
machine operators, mechanics, packers and cutting
room employees employed at our Company’s Silas,
Alabama facility, excluding office clerical employees,
professional employees, guards and supervisors as de-
fined in the Act.
WE WILL NOT unilaterally eliminate smoking
breaks.
WE WILL NOT lay off employees in the trouser line
without affording the Union an opportunity to bargain
with respect to the effects of this conduct.
WE WILL NOT fail and refuse to furnish the Union
with information that is relevant and necessary to the
performance of its duties as the exclusive bargaining
representative of our unit employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
WE WILL, within 14 days from the date of the
Board’s Order, offer Henry McGrew, Willie
Witherspoon Jr., Tracy McGrew, Johnny McGrew, and
Jamie Dearmon full reinstatement to their former jobs,
or, if those jobs no longer exist, to substantially equiva-
lent positions, without prejudice to their seniority or any
other rights or privileges previously enjoyed.
WE WILL make Henry McGrew, Willie Witherspoon
Jr., Tracy McGrew, Johnny McGrew, and Jamie Dear-
mon whole for any loss of earnings and other benefits
suffered as a result of the discrimination against them,
with interest.
WE WILL, within 14 days from the date of the
Board’s Order, remove from our files any and all refer-
ences to the unlawful failure to reinstate and the unlawful
discharges of Henry McGrew, Willie Witherspoon Jr.,
Tracy McGrew, Johnny McGrew, and Jamie Dearmon,
and WE WILL, within 3 days thereafter notify them in
writing that this has been done, and that the failures to
reinstate and the discharges will not be used against them
in any way.
WE WILL, on request, bargain with the Union as the
exclusive collective-bargaining representative of the unit
employees concerning terms and conditions of employ-
ment, and if an understanding is reached, embody that
understanding in a signed agreement.
WE WILL, on request, rescind the unlawful unilateral
elimination of smoking breaks about August 6, 2002, and
WE WILL make our employees whole for any loss of
earnings and other benefits suffered as a result our
unlawful action, with interest.
WE WILL, on request, bargain with the Union over
the effects of our decision to lay off the employees on
our trouser line, and WE WILL reduce to writing and
sign any agreement reached as a result of such bargain-
ing.
WE WILL pay the employees laid off from the trouser
line limited backpay in connection with our failure to
bargain over the effects of our decision to lay them off,
as required in the Decision and Order of the National
Labor Relations Board.
WE WILL furnish the Union with the information it
requested on August 8 and 22, 2002.
CHOCTAW MANUFACTURING CO., INC.