Dartmouth Woolen Mills, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1938

5 N.L.R.B. 679 (N.L.R.B. 1938)

In the Matter of DARTMOUTH WOOLEN MILLS, INC. and UNITED
TEXTILE WORKERS OF AMERICA, LOCAL UNION No. 2123
Case No. C-441.-Decided February 28, 19:38
Settlement : stipulation providing for reinstatement of employees and pay-
ment of back pay.
Mr. Norman F. Edmonds, for the Board.
Mr. G. K. Brown, for the respondent.
Mr. Louis J. Guilmet, for the United.
Mr. Martin Kurasch, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Louis J. Guilmet, general organizer
for the United Textile Workers, of America, herein called the
United, the National Labor Relations Board, herein called the Board,
by A. Howard Myers, Acting Regional Director for the First Region
(Boston, Massachusetts), issued its complaint dated May 2, .1936
against Dartmouth Woolen. Mills, Inc., Claremont, New Hampshire,
herein called the respondent. The complaint and notice of hearing
thereon were duly served upon the respondent and the United.
The complaint alleged that the respondent had engaged in and
was engaging in unfair labor practices affecting commerce within
the meaning of Section 8 (1), (2), (3)- and (5) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act.
On May 7, 1936 the respondent filed its answer to the complaint
denying that it had engaged in or was engaging in the unfair labor
practices and alleging that the National Labor Relations Act was
unconstitutional and void.
On May 11, 1936 the Board caused a notice of postponement of
hearing to be signed by the Acting Regional Director. The hearing
was postponed until further notice.
Upon amended charges duly filed by the United, the Board, by
A. Howard Myers, Regional Director for the First Region, issued
its amended complaint dated February 8, 1938 against the re-
spondent. The amended complaint and notice of hearing thereon
were duly served upon the respondent and the United.
80535-38-44 679
680 NATIONAL LABOR RELATIONS BOARD
On February 16, 1938 the Board, the respondent and the United
entered into the following stipulation :
I Upon charges duly filed by the United Textile Workers of
America, Local Union No. 2123, through Louis J. Guilmet, ac-
credited agent and representative of said Local Union No. 2123
for this purpose , A. Howard Myers, agent of the National Labor
Relations Board, acting pursuant to authority granted in Sec-
tion 10 (b) of the National Labor Relations Act, approved July
5, 1935 and acting pursuant to its rules and regulations , Series 1,
Article 4, Section 1, issued its amended complaint and notice of
hearing on the eighth day of February , 1938, against the Dart-
mouth Woolen Mills, Inc., respondent herein.
II The third amended charge , amended complaint and notice
of hearing thereon, as well as a copy of the Rules and Regula-
tions of the National Labor Relations Board , Series 1, as
amended April 18, 1936, were duly served upon the respondent
and upon United Textile Workers of America, Local Union No.
2123 on February 9th, 1938, in accordance with said Rules and
Regulations , Series 1, Article 5 , Section 1; which hearing was
to begin at 10: 00 A. M. on February 17th, 1938, in the Court
Room, Town ITall, Claremont, New Hampshire ; thus allowing
an intervening period of eight days between the service of the
said third amended charge, amended complaint , notice of hearing
and copy of Rules and Regulations and the date of the hearing.
III Respondent , Dartmouth Woolen Mills, Inc., is and has
been since December 23, 1927 a corpo r̀ation organized and exist-
ing by virtue of the laws of the state of New Hampshire , having
its principal office and place of business in the Town of Clare-
mont, County of Sullivan, State of New Hampshire and is now
and has continuously been engaged at a place of business in the
town of Claremont , County of Sullivan , State of New Hamp-
shire (hereinafter called the Claremont Plant), in the produc-
tion , sale and distribution of woolen cloth of various grades,
types and qualities.
IV The United Textile Workers of America, Local Union
No. 2123 is a labor organization within the meaning of said Act.
V Respondent , Dartmouth Woolen Mills , Inc. is engaged in
interstate commerce within the meaning of the National Labor
Relations Act.
VI The raw materials which the respondent , Dartmouth
Woolen Mills, Inc., uses in its business at the Claremont Plant
have been and are as follows: shoddies ( reworked wool), greased
wool , scoured wool , rayon, cotton waste, wool waste, chemicals
and dyestuffs . The total cost of these raw materials used by
DECISIONS AND ORDERS 681
the respondent in its Claremont Plant amounted to $449,842.21
for the year 1935, $543,806.03 for the year 1936, and $474,842.21
for the year 1937. The poundage of these raw materials (exclu-
sive of the before mentioned chemicals and dyestuffs) used by the
respondent in the conduct of its business at the Claremont Plant
amounted to 971,988 pounds for the year 1935, 1,130,855 pounds
for the year 1936, and 1,109,409 pounds for the year 1937. From
January 1, 1935 up to the present time, the respondent, Dart-
mouth Woolen Mills, Inc., has purchased approximately 98%
of these before mentioned raw materials in states of the United
States other than the State of New Hampshire, namely in the
states of New York, Rhode Island, Connecticut, Pennsylvania
and Massachusetts, and in the course and conduct of its business
causes and has continuously caused approximately 98% of these
raw materials used by it in the production of its woolen cloth
at its Claremont Plant to be transported in interstate commerce
from the above named states to its Claremont Plant in the State
of New Hampshire, and there these raw materials are manu-
factured by the respondent into woolen cloth, the operations
involved being spinning, weaving and finishing.
VII The respondent, Dartmouth Woolen Mills, Inc., manu-
factures at its Claremont Plant woolen cloth of various grades,
types and qualities. The respondent manufactured at its Clare-
mont Plant 913,496 yards of said woolen cloth (which is ap-
proximately five feet in width) in the year 1935; 948,202 yards
of said woolen cloth in the year 1936; and 1,224,877 yards of
said woolen cloth in the year 1937. The value of the said woolen
cloth produced by the respondent at its Claremont Plant in the
year 1935 amounted to $877,890.92; for the year 1936, it amounted
to $978,771.98; and for the year 1937, it amounted to $1,024,-
621.05. From January 1, 1935 to the present time, respondent
has shipped by rail, truck and water approximately 98% of the
entire output of woolen cloth of its Claremont Plant, from its
Claremont Plant to its commission agent in the city of New
York, State of New York; respondent setting the price at which
its woolen cloth is sold to the eventual purchaser and the com-
mission agent being paid a certain percentage for services ren-
dered as selling agent; the commission agent sells and causes
the woolen cloth to be transported to purchasers in all parts
of the United States.
VIII Dartmouth Woolen Mills, Inc., respondent herein, is
one of the larger woolen mills in the state of New Hampshire
and is the second largest company in the town of Claremont,
state of New Hampshire, regardless of nature of business.
682 NATIONAL LABOR RELATIOI S BOARD
From January 1, 1935 up to the present time, the Claremont
Plant of the respondent has operated at full capacity for ap-
proximately nine months during each year, employing between
325 and 350 employees when operating at said full capacity.
Approximately 20 of these employees are engaged in supervisory,
clerical and executive positions. In the slack periods, from
January 1, 1935 to the present time, respondent has employed as
few as fifty people at its Claremont Plant.
IX The acts of the respondent in discharging and refusing
to reinstate those of its employees named in the Amended Com-
plaint 1 (copy of which is hereto attached) constitute violations
of Section 8, subsections (1) and (3) of said Act, as alleged in
said Amended Complaint, and said acts occurred in connection
with the operations of the respondent described herein and have
and have had a close, intimate and substantial relation to trade,
traffic, and commerce among the several states and have led and
tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
X Dartmouth Woolen Mills, Inc., respondent herein, will
offer to Andrew Zarsky, Angelina Leblanc, Guy M. Bentley, Ada
Lamirande, Omer Garneau, Allard Bedard, Mary Witkowski,
Iva Lamiere, Eva Bedard, Telesphore Dubois, Victoria Mackie
(nee Pawlowski), Corrine Rushea, Edward Bentley, Arthur
Garneau, Alex Companion, Anthony Leveille, Severine Leveille,
Blanche Lessard, Freeda Companion, Eva Foisy, Philamena
Marro, Edna Mussey, Cecelia Brody, Rita Arel (nee Helie),
Rosilda Benoit, Agnes Sciborek, Mary Dandenault, Edmund
Lavoie, Rene Couture, Florence Houde, Bertha Houde, Ethel
• Thibodeau, Arthur Picard, Bertha Provencher, Romeo Lemieux,
by Monday, February 21st, 1938, immediate and full reinstate-
ment to the positions which they held prior to the strike in
March of 1936, without prejudice to seniority rights or any other
rights and privileges previously enjoyed by them; and in the
event that any of the positions held by any of the above named
employees previous to the strike in March of 1936 are no longer
in operation or existence, the Dartmouth Woolen Mills, Inc.
will offer to such of the above named employees whose former
positions are no longer in operation or existence immediate and
full reinstatement without prejudice to seniority rights or any
other rights and privileges previously enjoyed by them to posi-
tions similar and substantially equivalent to those positions held
by said employees prior to the strike in March of 1936.
The employees named in the Amended Complaint are set out in-Appendix A to this
Decision and Order.
DECISIONS AND ORDERS 683
XI Dartmouth Woolen Mills, Inc., respondent herein, will
pay to the following employees the following amounts as back
pay 2
Blanche Lessard ----------- $100 Corrine Rushea------- ____ $225
Rita Arel (nee Helie)______ $100
Rene Couture______________ $100
Victoria Mackie (nee Paw-
lowski)_________________ $225
Bertha Provencher_________ 5100 Freeda Companion-------- $300
Romeo' Lemieus_____=______ $100. Philamena Marro_________ $300
Ales Companion __________ _ :1100 Edna Mussey_____________ $300
Agnes Sciborek ------------ $200 Cecilia Brody_____________ $300
Mary Dandenault__________ $200 Rosilda Benoit ----------- $300
Andrew Zarsky____________ $200 Ethel Thibodeau__________ $300
Omer Garneau_____________ $200 Arthur Garnean ---------- $300
Iva Lamiere --------------- $200 Edward Bentley ---------- $300
Anthony Leveille___________ $200 Telesphore Dubois -------- $300
Severine Leveille___________ $200 Mary Witkowski---------- $300
Eva Foisy__________________ $225 Allard Bedard____________ $300
Edmund Lavoie____________ $225 Ada Lamirande___________ $300
Florence Houde------------- $225 Guy M. Bentley___________ $300
Bertha Houde______________ $=25 Angelina Leblanc --------- $300
Arthur Picard ------------- $225 Peter Delage ------------- $1, 000
Eva Bedard________________ $225
Dartmouth Woolen Mills, Inc., respondent herein, will deposit
these monies, amounting to $9,000. in toto, on or before Febru-
ary 18, 1938, with the People's National Bank, Claremont, New
Hampshire, to the account of John Goodnow, as trustee for the
above named employees, upon the following terms and condi-
tions : Upon approval of this stipulation by the National Labor
Relations Board, John Goodnow will pay to each of the above
named employees of the Dartmouth Woolen Mills, Inc. the
amount designated above. Upon notice by the National Labor
Relations Board of their failure to approve this stipulation, the
above mentioned $9,000. is to revert back immediately to the
Dartmouth Woolen Mills, Inc., respondent herein.
XII Respondent, Dartmouth Woolen Mills, Inc., waives its
right to hearing, as set forth in Sections 10 (b) and 10 (c) of
the National Labor Relations Act.
XIII This stipulation along with the third amended charge,
amended complaint, notice of hearing and Rules and Regulations
of the National Labor Relations Board may be introduced as
evidence by filing them with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C.
XIV Upon this stipulation, if approved by the National
Labor Relations Board, an order may forthwith be entered by
2 This sentence was inserted by the amendment to the stipulation quoted below.
684 NATIONAL LABOR RELATIONS BOARD
said Board and by the; appropriate Circuit Court of Appeals,
Providing as follows :
1. Respondent, Dartmouth Woolen Mills, Inc., will cease and
desist :
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-or-
-ganization , 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 bar-
gaining or other mutual aid or protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act ;
(b) From discouraging membership in the United Textile
Workers of America, Local Union No. 2123, or in any other labor
organization of its employees : by discharging, threatening, or
refusing to reinstate any of its employees for joining United
Textile Workers of America, Local Union No. 2123 or any other
labor organization of its employees;
(c) From in any other manner discriminating against any of
its employees in regard to hire and tenure of employment or any
term or conditions of employment for joining United Textile
Workers of America, Local Union No. 2123 or any other labor
organization of its employees;
2. Respondent, Dartmouth Woolen Mills, Inc. will take the
following affirmative action to effectuate the policies of the Na-
tional Labor Relations Act :
(a) Offer Andrew Zarsky, Angelina Leblanc, Guy M. Bentley,
Ada Lamirande, Omer Garneau, Allard Bedard, Mary Witkow-
ski, Iva Lamiere, Eva Bedard, Telesphore Dubois, Victoria.
Mackie (nee Pawlowski), Corrine Rushea, Edward Bentley,
Arthur Garneau, Alex Companion, Anthony Leveille, Severine
Leveille, Blanche Lessard, Freeda Companion, Eva Foisy, Phila-
mena Marro, Edna Mussey, Cecilia Brody, Rita Arel (nee Belie),
Rosilda Benoit, Agnes Sciborek, Mary Dandenault, Edmund La-
voie, Rene Couture, Florence Houde, Bertha Houde, Ethel Thi-
bodeau, Arthur Picard, Bertha Provencher, Romeo Lemieux, if
it has not already done so, as provided above, immediate and full
reinstatement to the positions which they held prior to the strike
in March of 1936, without prejudice to seniority rights or any
other rights and privileges previously enjoyed by them; and in
the event that any of the positions held by any of the above
named employees previous to the strike in March of 1936 are no
longer in operation or existence, offer to such of the above named
employees whose former positions are no longer in operation or-
existence, immediate and full reinstatement without prejudice
to seniority rights or any other rights and privileges previously
DECISIONS AND ORDERS 685
enjoyed by them to positions similar and substantially equivalent
to those positions held by such employees prior to the strike in
March of 1936.
(b) Pay immediately to the following employees the follow-
ing amounts as back pay :
Blanche Lessard ----------- $100 Florence Houde----------- $225
Rita Arel (nee Helie)------ $100 Bertha Houde ------------ $225
Rene Couture______________ $100 Arthur Picard ------------ $225
Bertha Provencher_________ $100 Eva Bedard -------------- $225
Romeo Lemieux ------------ $100 Corrine Rushea----------- $225
Alex Companion ----------- $100
Agnes Sciborek ------------ $200
Victoria Mackie (nee Paw-
lowski)_________________ $225
Mary Dandenault---------- $200 Freeda Companion -------- $300
Andrew Zarsky ------------ $200 Philamena Marro_________ $300
Omer Garneau_____________ $200 Edna Mussey------------- $300
Iva Lamiere --------------- $200 Cecilia Brody ------------- $300
Anthony Leveille___________ $200 Rosilda Benoit ------------ $300
Severine Leveille___________ $200 Ethel Thibodeau---------- $300
Allard Bedard_____________ $S00 Arthur Garneau ---------- $300
Ada Lamirande____________ 8300 Edward Bentley - --------- $300
Guy M. Bentley ------------ $300 Telesphore Dubois -------- $300
Angelina Leblanc ----------- $300 Mary Witkowski ---------- $300
Eva Foisy ----------------- $225 Peter Delage ------------- $1, 000
Edmund Lavoie ------------ $225
(c) Post and keep visible in each department in the respond-
ent's Claremont Plant in a prominent place for a period of
thirty days after receipt copies of the order to be entered by
the National Labor Relations Board to be made hereon.
On February 17, 1938 the Board, the respondent and the United
agreed to the following amendment to the stipulation :
It is hereby stipulated by and between Dartmouth Woolen
Mills, Inc., respondent herein, United Textile Workers of
America, Local Union No. 2123, party herein, and the National
Labor Relations Board that :
1. The stipulation entered into on February 16, 1938 by and
between Dartmouth Woolen Mills, Inc., respondent herein,
United Textile Workers of America, Local Union No. 2123, party
herein, and the National Labor Relations Board be and hereby.
is amended as follows : By inserting on page 5 of said stipula-
tion 3 immediately following the words ". . . to positions similar
and substantially equivalent to those positions held by said
employees prior to the strike in March of 1936." the following :
"XI Dartmouth Woolen Mills, Inc., respondent herein, will
pay to the following employees the following amounts as back
pay :"
8 See footnote 2, supra.
0
686 NATIONAL LABOR RELATIONS BOARD
2. This amendment to stipulation may be introduced in evi-
dence, along with the before mentioned stipulation, third
amended charge, amended complaint, notice of hearing and Rules
and Regulations of the National Labor Relations Board by filing
it with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
In accordance with the stipulation and the amendment to the stip-
ulation, the following documents were introduced into evidence by
being filed with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C. on February 19, 1938:
1. Stipulation entered into between the parties (with extra
copy) .
2. Amendment.to Stipulation entered into between the parties
(with extra copy) :
3. Third Amended Charge in this matter.
4. Amended Complaint in this matter.
5. Copy .of the Rules and Regulations of the. National Labor
Relations Board.
ORDER
On the basis of the above stipulation and amendment to the stipu
lation and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
the respondent, Dartmouth Woolen Mills, Inc. and its officers, agents,
successors and assigns shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organization, to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing and to engage in con-
certed 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) From discouraging membership in the United Textile Work-
ers of America, Local Union No. 2123, or in any other labor organi-
zation of its employees by discharging, threatening, or refusing to
reinstate any of its employees for joining United Textile Workers
of America, Local Union No. 2123 or any other labor organization of
its employees ;
(c) From in any other manner discriminating against any of its
employees in regard to hire and tenure of employment or any term or
conditions of employment for joining United Textile Workers of
America, Local Union No. 2123 or any other labor organization of
its employees.
9
° DECISIONS AND ORDERS 687
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Andrew Zarsky, Angelina Leblanc, Guy M. Bentley,
Ada Lamirande, Omer Garneau, Allard Bedard, Mary Witkowski,
Iva Lamiere, Eva Bedard, Telesphore Dubois, Victoria Mackie (nee
Pawlowski), Corrine Rushea, Edward Bentley, Arthur Garneau,
Alex Companion, Anthony Leveille, Severine Leveille, Blanche Les-
sard, Freeda Companion, Eva Foisy, Philamena Marro, Edna Mus-
sey, Cecilia Brody, Rita Arel (nee Helie), Rosilda Benoit, Agnes
Sciborek, Mary Dandenault, Edmund Lavoie, Rene Couture, Florence
Houde, Bertha _Houde, Ethel Thibodeau, Arthur Picard, Bertha Pro-
vencher, Romeo Lemieux, if it has not already done so, as provided
above, immediate and full reinstatement to the positions which they
held prior to the strike in March of 1936, without prejudice to senior-
ity rights or any other rights and privileges previously enjoyed by
them ; and in the event that any of the positions held by, any of the
above-named employees previous to the strike in March of 1936 are no
longer in operation or existence, offer to such of the above-named
employees whose former positions are no longer; in operation or ex-
istence, immediate and full reinstatement without prejudice to senior-
ity rights or any other rights and privileges previously enjoyed by
them to positions similar and substantially equivalent to those posi-
tions held by such employees prior to the strike in March of 1936;
(b) Pay immediately to the following employees the following
amounts as back pay :
Blanche Lessard--------------- $100
Rita Arel (nee Helie)---------- $100
Rene Couture------------------ $100
Bertha Provencher------------- $100
Florence Houde---------------- $225
Bertha Houde----------------- $225
Arthur Picard ----------------- $225
Eva Bedard -------------------- $225
Romeo Lemieux --------------- $100 Corrine Rushea---------------- $225
Alex Companion --------------- $100 Victoria Mackie (nee Pawlow-
Agnes Sciborek---------------- $200
Mary Dandenault-------------- $200
Andrew Zarsky---------------- $200
Omer Garneau----------------- $200
Iva Lamiere------------------- $200
Anthony Leveille--------------- $200
Severine Leveille--------------- $200
Allard Bedard----------------- $300
Ada Lamirande---------------- $300
Guy M. Bentley---------------- $300
Angelina Leblanc -------------- $300
Eva Foisy--------------------- $225 Peter Delage----------------- $1,000
Edmund Lavoie---------------- $225
(c) Post and keep visible in each department in the respondent's
Claremont Plant in a prominent place for a period of thirty (30) days
ski) ------------------------- $225
Freeda Companion----------- $300
Philamena Marro ------------ $300
Edna Mussey---------------- $300
Cecilia Brody ---------------- $300
Rosilda Benoit --------------- $300
Ethel Thibodeau------------- $300
Arthur Garneau ------------- $300
Edward Bentley ------------- $300
Telesphore Dubois ----------- $300
Mary Witkowski ------------- $300
688 NATIONAL LABOR RELATIONS BOARD
after receipt copies of the order to be entered by the National Labor
Relations Board to be made hereon.
APPENDIX A
Blanche Lessard
Freeda Companion
Eva Foisy
Philamena Marro
Edna Mussey
Cecilia Brody
Rita Arel ( nee Helie)
Rosilda Benoit
Agnes Sciborek
Mary Dandenault
Edmund Lavoie
Rene Couture
Florence Houde
Bertha Houde
Ethel Thibodeau
Arthur Picard
Bertha Provencher
Romeo Lemieux
Andrew Zarsky
Angelina Leblanc
Peter Delage
Guy M. Bentley
Ada Lamirande
Omer Garneau
Allard Bedard
Mary Witkowski
Iva Lamiere
Eva Bedard
Telesphore Dubois
Victoria Mackie (nee Pawlowski)
Corrine Rushea
Edward Bentley
Arthur Garneau
Alex Companion
Anthony Leveille
Severine Leveille