Crown Trouser Co., Inc.

National Labor Relations Board - Board Decisions

Feb 13, 1942

38 N.L.R.B. 1189 (N.L.R.B. 1942)

In the Matter of CROWN TROUSER COMPANY , INC. and AMALGAMATED
CLOTHING WORKERS OF AMERICA (C. I. 0.)
Case No. C-2086.-Decided February 13, 1918
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Henry Shore and Mr. W. G. Stuart Sherman, for the Board.
Mr. M. Ward Fleming, of Bellefonte, Pa., and Mr. L. Lerner, for
the respondent.
Mr. John Sobczak, of Pittsburgh, Pa., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated
Clothing Workers of America (C. I. 0.), herein called the Union,
the National Labor Relations Board, herein called the Board, by
the Acting Regional Director for the Sixth Region (Pittsburgh,
Pennsylvania), issued its complaint, dated January 15, 1942, against
Crown Trouser Company, Inc., Phillipsburg, Pennsylvania,, 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), (2), 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, the Union, and the "Club".'
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent, by its officers and agents, (1) advised,
i The stipulation set forth below states that the "Club" is a labor organization within the
meaning of the Act. The "Club" filed with the Board a "waiver" stating that it had
knowledge of the proceedings and the contemplated settlement in the case and waived any
right to be a party to the proceedings or to contest said proceedings.
38 N. L . R. B., No. 213.
1189
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
urged, and warned its employees to cease agitation for the Union,
encouraged employees to report the names of employees affiliated
with the Union, suggested and fostered the formation of a labor
organization, interfered with attempts to distribute literature among
its employees, held a meeting on its premises for the purpose of
discouraging membership in the Union, and made certain other
statements and performed certain other acts tending to discourage
concerted activity on the part of its employees; (2) dominated and
interfered with the formation and administration of the "Club" and
contributed financial and other support thereto; (3) on various dates
from June 13 to June 23, 1941, terminated the employment of
Edward Nolan, Eleanor Catherine, Rella Meyers, Almund Brillo,
and Verna Shufron, in order to discourage membership in the Union;
and (4) caused, continued, and prolonged a strike among its
employees.
On or about January 20, 1942, prior to the scheduled hearing
in the case, the respondent, the Union, and counsel for the Board
entered into a stipulation in settlement of the case. The stipulation
provides as follows :
It is hereby stipulated and agreed by and among Crown
Trouser Company, Inc., hereinafter called the Respondent, the
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, hereinafter called the
Union, and Henry Shore and W. G. Stuart Sherman, Attorneys
for the National Labor Relations Board, as follows :
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, by the Acting Regional
Director for the Sixth Region, acting pursuant to authority
granted in Section 10 (b) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article IV, Section 1, of the Na-
tional Labor Relations Board Rules and Regulations, Series 2
as amended, duly issued its Complaint and Notice of Hearing
on January 15, 1942, against the Respondent herein.
II
This Stipulation, together with the First Amended Charge,
Complaint and Notice of Hearing, Acceptances of Service of the
said Complaint and Notice of Hearing, and Waiver of the "Club"
shall constitute the entire record in this case and may be filed
C'R'OWN TROUSER COMPANY, INC. 1191
with the Chief Trial Examiner of the National Labor Relations
Board, Washington, D. C.
III
All the parties hereto waive their right to a hearing and to
the making of findings of fact and conclusions of law by the
National Labor Relations Board herein, and to any other or
further procedure before said Board.
' IV
Respondent is now and has been since 1938 a corporation
organized and existing under the laws of the State of New York,
having its principal office and place of business in the City of
Phillipsburg, Pennsylvania. Respondent is engaged in the pro-
duction, manufacture, sale and distribution of trousers, jackets
and shirts. The principal raw materials used by the Respondent
in the manufacture of its products consist of rayon, cotton and
wool fabrics. The respondent engages as a contractor using raw
materials belonging to others, and from September 1940 to date
has been dngaged practically entirely in the manufacture of
trousers for the United States Government on a contract basis.
During the year 1941 the value of the raw materials used at its
Phillipsburg, Pennsylvania, plant was in excess of $25,000, of
which more than 10% originates in states of the United States
other than the Commonwealth of Pennsylvania and is shipped by
rail and truck to the Respondent's plant in the Commonwealth
of Pennsylvania. For the year 1941 the value of the products
manufactured by the Respondent was in excess of $50,000.00. Of
this amount, more than 50% was sold and shipped to states of the
United States other than the Commonweath of Pennsylvania, said
shipments being by rail and truck. Respondent employs ap-
proximately two hundred twenty (220) people. Respondent is
engaged in interstate commerce within the meaning of Section 2,
Subdivisions (6) and (7) of the Act.
V
The Union is a labor organization within the meaning of Sec-
tion 2, Subdivision (5) of the National Labor Relations Act.
VI
The "Club" is a labor organization within the meaning of
Section 2, Subdivision (5) of the National Labor Relations Act.
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VII
Upon this Stipulation and upon the record herein, an Order
may forthwith be entered by the National Labor Relations Board
as follows :
1. The Respondent, Crown Trouser Company , Inc., its
officers, agents , successors and assigns , shall cease and desist
from :
(a) In any manner dominating or interfering with the
formation or administration of the "Club" or any other labor
organization of its employees , or contributing support to the
"Club" or any other labor organization of its employees.
(b) Discouraging membership in the Amalgamated Cloth-
ing Workers of America , affiliated with the C. I. 0., or any
other labor organization of its employees by discriminating
against its employees in regard to their hire or tenure of
employment or any term or condition or their employment.
(c) In any other manner interfering with, restraining or
coercing its employees in the exercise of their right 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 bargain-
ing or other mutual aid or protection.
2. The Respondent , Crown Trouser Company, Inc., its
officers, agents , successors and assigns , shall take the following
affirmative action to effectuate the purposes and policies of the
National Labor Relations Act:
(a) Withdraw all recognition from the "Club" as repre-
sentative of any of its employees for the purpose of dealing
with the Respondent concerning grievances , labor disputes,
wages, hours of employment, rates of pay or other conditions
of employment , and completely disestablish said "Club" as
such representative.
(b) Offer to Edward Nolan , Eleanor Catherine, Rella
Meyers, Almund Brillo and Verna Shufron immediate and
full reinstatement to their former or substantially equivalent
employment without prejudice to their seniority or other
rights and privileges.
(c) Make whole the hereinafter named employees for any
loss they may have suffered by reason of the discrimination
CROWN TROUSER COMPANY,' UIrC. 1193
against them by payment to each of them of the amount set
out after their names :
Edward Nolan ------------------------------------- $75.00
Eleanor Catherine--------------------------------- $54.00
Rella Meyers-------------------------------------- $52.00
Almund Brillo------------------------------------- $57 00
Verna Shufron------------------------------------- $57.00
(d) Within twelve (12) days after application, offer to
those employees who went out on strike on June 25, 1941
and thereafter, immediate and full reinstatement to their
former or substantially equivalent positions without preju-
dice to their seniority and other rights and privileges, dis-
placing if necessary employees hired since June 25, 1941.
(e) Post immediately in conspicuous places at its plant
and maintain for a period of at least sixty (60) consecutive
days from the date of posting, notices to its employees
stating :
(1) That the Respondent will not engage in the con-
duct from which it is ordered to cease and desist in para-
graph 1 (a), (b) and (c) above.
(2) That the Respondent will take the affirmative action
set forth in paragraph 2 (a), (b), (c) and (d) of this
Order.
(3) That the Respondent's employees are free to become
or remain members of the Amalgamated Clothing Work-
ers of America, affiliated with the C. I. 0., and that the
Respondent will not discriminate against any employees
because of their membership in or activities on behalf of
that organization.
(f) Notify the Acting Regional Director for the Sixth
Region in writing within ten (10) days from the date of
this Order what steps Respondent has taken to comply
herewith.
VIII
The Respondent hereby consents to the entry by the United
States Circuit Court of Appeals for-the appropriate Circuit,
upon application of the National Labor Relations Board of a
Consent Decree enforcing the Order of the National Labor Rela-
tions Board substantially in the form as set forth in paragraph
VII above, and hereby waives further notice of the application
for such Decree.
1194 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
IX
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.
X
It is understood and agreed further that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall become effective immediately upon receipt of notice
granting such approval.
On February 5, 1942, the Board issued an order approving the
above stipulation, making it part of the record, and, pursuant to
Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the proceeding to
the Board for the purpose of entering a decision and order pursuant
to the provisions of the stipulation.
On the basis of the above stipulation and upon the entire record
in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Crown Trouser Company, Inc., a New York corporation with its
principal office and place of business in Phillipsburg, Pennsylvania,
is engaged in the production, manufacture, sale, and distribution of
trousers , jackets, and shirts. The respondent engages as a contractor
using raw materials belonging to others, and from September 1940 to
the date of the signing of the stipulation was engaged almost en-
tirely in the manufacture of trousers for the United States Govern-
ment on a contract basis. During 1941 the value of the raw materials
used by the respondent at its Phillipsburg, Pennsylvania, plant,
principally rayon, cotton, and wool fabrics, was in excess of $25,000,
of which more than 10 percent originated outside the Commonwealth
of Pennsylvania. During the same period the value of the products
manufactured by the respondent was in excess of $50,000, of which
amount more than 50 percent was sold and shipped outside the Com-
monwealth of Pennsylvania. The respondent admits that it is en-
gaged 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.
CROWN TROUSER COMPANY, INC. 1195
ORDER
On 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 Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that Crown Trouser Company, Inc., of Phillipsburg,
Pennsylvania, its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the formation
or administration of the "Club" or any other labor organization of
its employees, or contributing support to the "Club" or any other
labor organization of its employees;
(b) Discouraging membership in the Amalgamated Clothing
Workers of America, affiliated with the C. I. 0., or any other labor
organization of its employees by discriminating against its employees
in regard to their hire or tenure of employment or any term or
condition of their employment;
(c) In any other manner interfering with, restraining or coercing
its employees in the exercise of their right 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.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Withdraw all recognition from the "Club" as representative
of any of its employees for the purpose of dealing with the Respond-
ent concerning grievances, labor disputes, wages, hours of employ-
ment, rates of pay or other conditions of employment, and com-
pletely disestablish said "Club" as such representative;
(b) Offer to Edward Nolan, Eleanor Catherine, Rella Meyers,
Almund Brillo and Verna Shufron immediate and full reinstate-
ment to their former or substantially equivalent employment without
prejudice to their seniority or other rights and privileges;
(c) Make whole the hereinafter named employees for any loss
they may have suffered by reason of the discrimination against
them by payment to each of them of the amount set out after their
names :
Edward Nolan ------------------------------------------- $75.00
Eleanor Catherine--------------------------------------- 54.00
Rella Meyers----- --------------------------------------- 52.00
Almund Brillo------------------------------------------- 57.00
Verna Shufron------------------------------------------- 57.00
(d) Within twelve (12) days after application, offer to those
employees who went out on strike on June 25, 1941 and thereafter,
immediate and full reinstatement to their former or substantially
1196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
equivalent positions without prejudice to their seniority and other
rights and privileges, displacing if necessary employees hired since
June 25, 1941;
(e) Post immediately in conspicuous places at its plant and main-
tain for a period of at least sixty (60) consecutive days from the
date of posting, notices to its employees stating :
(1) That the Respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraph 1 (a), (b) and
(c) above.
(2) That the Respondent will take the affirmative action set forth
in paragraph 2 (a), (b), (c) and (d) of this Order.
(3) That the Respondent's employees are free to become or
remain members of the Amalgamated Clothing Workers of America,
affiliated with the C. I. 0., and that the Respondent will not dis-
criminate against any employees because of their membership in or
activities on behalf of that organization ;
(f) Notify the Acting Regional Director for the Sixth Region
in writing within ten (10) days from the date of this Order what
steps Respondent has taken to comply herewith.