Conro Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 654 (N.L.R.B. 1942)

in: the Matter Of CONRO MANUFACTURING COMPANY and AMALGAMATED
CLOTHING WORKERS- OF AMERICA
Case No. C-23.3/. 1?ecided September 30, 1949?
Jurisdiction : garment manufacturing industry
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr: Elmer P. Davis, for the Board.
Mr. J. Cassidy, of Dallas, Tex., for the Company.
Mr. George Lam bert, of Dallas, Tex., for the Union.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
ORDER
STATEME\T OF THE CASE '
Upon charges and amended charges duly filed by Amalgamated
Clothing Workers of America, herein called the-Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Sixteenth Region (Fort Worth, Texas), issued its
complaint dated Septen-iber 3, 1942, against Conro Manufacturing Com-
pany,' Dallas, Texas, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfai labor prac-
tices 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, accompanied
by notices of hearing, were duly,served upon the respondent and the
Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent (1) discouraged membership in the
Union by transferring an employee, one Pauline Weatherford, -from
her regular position to a more arduous and less agreeable one on or
about November 13, 1941, and, on or about November •28, 1941, dis-
charging" the said Pauline Weatherford and thereafter, refusing to
reinstate her to her former position, because she had joined or assisted
the Union or engaged in other concerted activities for the purposes
of collective bargaining, and by transferring or demoting an employee,
44N L R.B,No 119
654
CON'RO MANUFACTURING- COMPANY 655
one LavadaLindley; from her position as forelady to one less agreeable
and less remunerative, on or about November 25, 1941, and on or about.
January 3, 1942, discharging said employee and, thereafter, refusing
to reinstate her to her former position, because she joined or assisted
the Union or engaged in other concerted activities fdr the purposes of
collective bargaining; (2) on or about September 25, October 2 and 8,
1941, vilified, discouraged and expressed disapproval of the Union;
on or about October 10, 1941, and on various dates thereafter up to and
including January 14, 1942, interrogated its employees concerning their
union affiliations; on or about October 15, 1941, destroyed a number of
the Union's application cards; on or about December 30, and during
January 1942, threatened to close its plant rather than bargain with
the Union; urged, persuaded, threatened, and warned its employees to
refrain from assisting, becoming_ members of, or remaining members
of the Union, and (3), by the foregoing acts, interfered with, re-
strained, and coerced its employees in the exercise of the rights guar-
anteed them under Section 7 of the Act.
On or about September 14, 1942, respondent filed its answer to the
complaint. which denied that the respondent had engaged in the
alleged unfair labor practices.
On September 11, 1942, before a hearing was held, the respondent,
the Union, and counsel for the Board entered into a stipulation in
settlement of the case, subject to the approval of the Board. This
stipulation provides as follows:
It, is hereby stipulated and agreed by and between the under-
signed parties that
1. Upon a charge filed by Amalgamated Clothing Workers of
America, hereinafter referred to as the "Union," the National
Labor Relations Board, hereinafter referred to as the "Board,"
by the Regional Director for the Sixteenth Region, Fort Worth,
Texas, acting pursuant to authority granted in Section 10 (b) of
the National Labor Relations Act, 42 stat. 449, hereinafter re-
ferred to as the "Act," and acting pursuant to its Rules and Regu-
lations, Series 2, as amended, issued its Complaint and Notice
of Hearing on the 3rd day of September, 1942, against Respond-
ent, Conro Manufacturing Company.
2. All parties hereto acknowledge service of the Complaint
and'Notice of Hearing and a copy of the Charge, and all parties
hereto acknowledge the service and filing of,Respondent's Answer
denying each and eveiy unfair labor practice allegation contained
in the Complaint, and all parties expressly acknowledge due
and timely service of the herein-mentioned Complaint and answer
and waive further pleadings, hearings, and making of findings
of fact and conclusions of law by the Board.
656 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
3. The Respondent is a Texas corporation , and has its principal
office and place of business in the City of Dallas, County of Dallas,
State of Texas, and it is and has been continuously engaged in
the manufacture , sale and distribution of men 's wearing apparel,
clothing, and barracks bags and in this business purchased prod-
ucts for use - in such manufacturing business in various states of
the United States, and causes and has caused a substantial amount
of the product manufactured, sold and distributed by it in its
business to be supplied , delivered and transported in interstate
commerce from its place of business in Dallas, Texas. Apprdxi-
mately ,eighty ( 8010 ) percent of the raw materials originate-in
,States of the United States other than the State of Texas, and at
least twenty (20%) per cent of the finished products are shipped
to States other than the State of Texas . Raw materials used in
the production of its finished products during the last six months
of 1941 were valued at approximately $1,500,000.00, which is ap-
proximately normal. The Respondent normally employs about
800 employees.
4. The Respondent concedes that its operations affect commerce
within the meaning of Section 2, subsections (6) and (7) of the
Act.
5. Amalgamated Clothing Workers of America is a labor
organization within the meaning of Section 2, subsection (5)
of the Act.
6. This Stipulation, together with the charge, Complaint, and
Notice of Hearing, and Respondent's Answer, may be filed with
the Chief Trial Examiner of the Board in Washington, D. C.,
and when said papers have been so filed, they shall constitute
the entire record herein.
7. It is further stipulated that upon the entire record in this
case, as set forth in Paragraph 6 hereof, an order may forthwith
be entered by the Board providing as follows :
The Respondent , its officers, agents, successors , and assigns shall
1. Refrain from
(a) discouraging membership of its employees in Amalga-
mated Clothing Workers of America, or any other labor organiza-
tion, by transferring, laying off, discharging, or refusing to rein-
state any of its employees, or by discriminating in any other
manner in regard , to their hire or tenure of employment, or any
term or 'condition of their employment;
(b) in any other manner interfering with, restraining, or
coercing its employees in the exercise of the right to self -organiza-
tion, to form , join, or assist labor organizations ; to bargain, col
lectively through representatives of their own choosing, and to
CONRO MANUFACTURING COMPANY 657
engage in concerted activities for the purpose of collective bar-
gaining or-other mutual aid or protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act.
2. Take the following actions which will effectuate the policies
of the Act :
(a) Pay unto Pauline Weatherford the sum which she would
have received as wages for the period from the time of her dis-
charge on November 28, 1941 until the-time of her reemployment
at a position equivalent to the one previously held by her, less
her net earnings during that period, which payment amounts
to the sum of $96.00;
(b) Pay unto Lavacla Lindley the sum which she would have
received as wages for the period from the time of her demotion
on November 25, 1941 and subsequent discharge until the time of
her reemployment, at a position equivalent to the one previously
held by her, less her net earnings during that period, which
payment amounts to the sum of $142.00;
(c) Post immediately in a conspicuous place at its plant at
Dallas, Texas, and maintain for a period of at least sixty (60)
consecutive days from the date of posting, a notice to its employ-
ees' in form and substance as follows :
NOTICE TO EMPLOYEES
OF
,CONRO MANUFACTURING COMPANY
This Notice is posted pursuant to an Order entered by the
National Labor Relations Board, and this Company hereby notifies
its employees, and agrees that : -
1. The Company will not in any manner interfere with, restrain,
or coerce its employees in the exercise of their rights to self-organ-
ization, to form, join, or assist labor organizations, to bargain
collectively through the representatives of their own choosing,
and to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
2. The Company will not discourage membership in Amalga-
mated Clothing Workers of America, or any other labor organiza-
tion, of its employees, by transferring, laying off, discharging or
refusing to reinstate any of its employees or by discriminating
in any other manner in regard to their hire or tenure of employ-
ment,'or any term or condition of their employment.
3. Superintendents, Assistant Superintendents, Foreladies,
Foremen and any other supervisory employees 'are instructed'to
487498-42-vol' 44-42
658 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
take note of the above direction, and to use diligence in seeing that
they are carefully followed.
4. ,The Company will make whole Pauline Weatherford and
Lavada Lindley for any loss of pay they have suffered by reason
of their demotion or discharge from time thereof until the time
of their reinstatements, less their net earnings during that period.
5. The Company's employees are free to become or remain mem-
bers of Amalgamated Clothing Workers of America, and the
Company will not discriminate against any employee because of
membership in or activities on behalf of that organization.'
6. A copy of this notice shall be posted for a period of sixty
(60) consecutive days from the date of posting in a conspicuous
place in the Company's plant at Dallas, Texas.
CONRO 'MANUFACTURING COMPANY,
By J. R. CASSIDY, President.
Dated: -, 1942.
(d) Notify the Regional Director for the Sixteenth Region in
writing within ten (10) days from the date of this Order the
manner and form in which Conro Manufacturing Company has
complied with the provisions of this Order.
8. It is further stipulated and agreed that any appropriate
Circuit Court of Appeals in the United States may, upon appli-
cation by the Board, enter its decree enforcing the Order of the
Board in the form above set out. The Respondent waives its
right to contest the entry of such decree and its right to receive
notice of the filing of an application for the entry of such decree.
9. Nothing herein contained shall be constituted or taken as
an admission by the Respondent of any of the violations of the
Act alleged in the aforesaid Complaint.
10. It is understood and agreed that this Stipulation embodies
the entire agreement between the parties and there is no verbal
agreement of any kind which varies, alters, or adds to this
Stipulation.
11. It is understood and agreed that this Stipulation is sub-
ject to the approval of the National Labor Relations Board, and
shall be of no force or effect unless and until approval by the
Board. ' •
On September 17, 1942, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and pur-
suant to Article II, Section 36, of National Labor Relations Board
Rules. and Regulations-Series 2, as amended, transferring the pro-
ceeding to the Board for the purpose of entering a decision and order
by the Board pursuant to the provisions of the stipulation.
CONRO MANUFACTURING COMPANY 659
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Conro Manufacturing Company, a Texas corporation, having its
Principal office and place of business in Dallas, Texas, is engaged in
the manufacture, sale, and distribution of men's wearing apparel,
clothing, and barracks bags. During the last 6 months of 1941, the
respondent purchased raw materials valued at approximately a mil-
lion and a half dollars, approximately 80 percent of which was
shipped to, the plant from points outside the State of, Texas. ,At
least 20 percent of the finished products are shipped to States other
than the State of Texas. The respondent admits that it is engaged in
commerce within the meaning of the Act.
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, 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 Conro Manufacturing Company, Dallas, Texas, its
officers, agents, successors, and assigns shall :
1. Refrain from :
(a) Discouraging membership of its employees in Amalgamated
Clothing Workers of America, or any other labor organization, by
.,transferring, laying off, discharging, or refusing to reinstate any of
its employees, or by discriminating in any other manner in regard to
their hire or tenure of employment, or any term or condition of their
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 rep-
resentatives of their own choosing, and to engage in concerted activi-
ties 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 actions which will effectuate the policies of
Abe Act :
(a) Pay unto Pauline Weatherford the suer which she would have
received as wages for the period from the time of her discharge on
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
November 28, 1941, until the time of her reemployment at a position
equivalent to the one previously held by her, less her net earnings dur-
ing that period, which payment amounts to the sum of $96.00;
(b) Pay unto Lavada Lindley the sum which she would have received
as wages for the period from the time of her demotion on November
25, 1941, and subsequent discharge until the time of her reemployment
,at a position equivalent to the, one previously held by her, less her net
earnings during that period, which payment amounts to the sum
of $142.00;
(c) Post immediately and maintain fora period of at least sixty
(60) consecutive days from the date of posting, notices in conspicuous
places throughout its plant, stating (1) that it will not engage in the
conduct from which it is ordered to cease and desist 'in paragraphs 1
(a) and (b) above; (2) that it will take the affirmative action set
forth in paragraphs 2 (a), and (b) of this Order; and (3) that the
respondent's employees are free to become or remain members of Amal-
gamated Clothing Workers of America, and that the respondent will
not discriminate against any of its employees because of membership
or activity in that organization ;
(d) Notify the Regional Director-for the Sixteenth Region in writ-
ing within ten, (10) days from the date of this Order the manner and
form in which Conro Manufacturing Company has complied with' the
provisions of this Order.