Eagle Glove & Garment Co.

National Labor Relations Board - Board Decisions

Dec 27, 1938

10 N.L.R.B. 807 (N.L.R.B. 1938)

In the Matter of WILLIAM A. LAMMOTT, Ross LAMMOTT, MARIE E.
LAMMOTT,AND GERTIE V. LAMMOTT , CO-PARTNERS DOING BUSINESS
UNDER THE FIRM NAME AND STYLE OF EAGLE GLOVE & GARMENT CO.
and AMALGAMATED CLOTHING WORKERS OF AMERICA, LOCAL 69
Case No. C-1065.-Decided December 27, 1938
Glove Manntactvring Indnstrij-Settlement : stipulation providing for reinstate-
ment, without hack pay, recognition cf union, and disestablishment of other
organization-Order: entered on stipulation-Disci iat+on : complaint dis-
missed as to, with respect to one person.
' Mr. Lester M. Levin and Mr. Colonel C. Sawyer , for the Board.
McClellan' ct McClellan, of Muncie , Ind., for the respondents.
Mr. Nelson Joseph, of Indianapolis , Ind., for the Union.
Mr. George Rose, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon-charges duly filed by the United Automobile Workers of
America, Local 459, and upon amended charges duly filed by the
Amalgamated Clothing Workers of America, Local No. 69, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Eleventh Region (In-
dianapolis, Indiana), issued its complaint dated April 4, 1938, against
William A. Lammott, Ross Lammott, Marie E. Lammott, and Gertie
V. Lammott, copartners doing business under the firm name and
style of Eagle Glove & Garment Co., of Muncie, Indiana, herein called
the respondents, alleging that the respondents had engaged in and
were engaging in unfair labor practices within the meaning of Sec-
tion 8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. The
complaint and notice of hearing were duly served upon the respond-
ents and upon the Union.
Concerning the unfair labor practices the complaint alleged, in
substance, that (1) the respondents discharged and later reinstated
one named employee'and locked out and refused to reinstate certain
10 N L R. B., No. 70
807
808 NATIONAL LABOR RELATIONS BOARD
other named employees because they joined and assisted the Union
and engaged in other concerted activities for the purpose of collec-
tive bargaining and other mutual aid and protection ; ( 2) the
respondents dominated and interfered with the formation and admin-
istration of a labor organization among their employees known as
the Eagle Glove Employees Union; ( 3) although a majority of the
employees at the - respondents ' Muncie plant in an appropriate unit
designated the Union as their representative for the purpose of col-
lective bargaining , the respondents refused to bargain collectively,
with the Union ; and (4 ) the respondents , by the above -mentioned
acts and in addition by urging, persuading , warning, and threaten-
ing their employees with discharge for joining or assisting the Union
and by transferring their operations and moving their machinery
from their plant in Muncie , Indiana, to their plant in Noblesville,
Indiana, interfered with , restrained , and coerced their employees in
the exercise of the rights guaranteed in Section 7 of the Act. On
April 16, 1938 , the respondents filed their answer in which they
denied the material allegations - of the complaint.
On April 18 , 1938, the respondents filed a motion for leave to
withdraw the answer filed on April 16, 1938, and to substitute a new
answer, conditioned upon the approval of a stipulation which was
the subject of conference between the parties. The motion was
granted and the new answer was filed, admitting all the material
allegations of the complaint . On April 20 , 1938, the Regional Di-
rector issued an order postponing the hearing until further notice.
On November 10, 1938, the parties entered into a stipulation which
provides as follows :
It is hereby stipulated and agreed by and between William A.
Lammott, Ross Lammott, Marie E.Lammott, and Gertie V. Lam-
mott, co-partners doing business under the firm name and style
of Eagle Glove & Garment Co.,. Muncie, Indiana, respondents
herein, in person and by McClellan and McClellan, Attorneys at
Law, of Muncie , Indiana, representing the said respondents
herein, and the Amalgamated Clothing Workers of America,
Local No. 69, the complaining Union herein, by Gertrude Griffin,
president of Local No. 69, and by Nelson Joseph, field organizer
for the Amalgamated Clothing Workers of America, and Lester
M. Levin , regional attorney for the Eleventh Region, of the Na-
tional Labor Relations Board, as follows :
1. William A. Lammott, Ross Lammott, Marie E. Lammott,
and Gertie V. Lammott, co -partners doing business under the firm
name and style of Eagle Glove L& Garment Co., hereinafter re-
ferred to as the respondents , are, and have been for a number of
years engaged in a place of business in the city of Muncie , county
of Delaware , State of Indiana , hereinafter called the Muncie
DECISIONS AND ORDERS 809
plant, in the manufacture, sale and distribution of canvas and
leather gloves.
2. The respondents purchased 100 per cent of all raw materials
used during the past year in the manufacture of said canvas and
leather gloves from outside the State of Indiana. That the cost
of the total raw materials used by the respondents during the last
year was approximately $58,000. That said raw materials are
purchased from Alexander Lamport Co., Chicago, Illinois; Rigal
Textile Co., Tryan, Georgia; Jacob Harrison Co., Cincinnati,
Ohio; Cannon Mills, New York City; Chicisaw Thread Co.,
Shelby, North Carolina.; and are shipped to the said respondents
by railroad freight and traction.
3. Approximately 60 per cent of the canvas and leather gloves
so manufactured by respondents in the approximate sum of
$57,000 is sold and shipped to customers outside the State of In-
diana per year. The remaining 40 per cent is sold and shipped
to customers in the State of Indiana.
4. The raw materials used by the respondents consist of flannel,
thread, leather, canvas, and denim.
5. Sales are made by salesmen selling directly to customers.
No advertising medium is used by the respondents.
It is further stipulated and agreed by all the parties hereto
that for the purposes of this proceeding, the respondents admit
that they engage in interstate commerce.
It is further stipulated and agreed that all the production
employees of the respondents in their said Muncie plant, exclusive
of supervisory and clerical employees constitute a unit appro-
priate for the purpose of collective bargaining within the mean-
ing of Section 9 (b) of said Act; that on or about August 11,
1937, a majority of the employees of the respondents in said unit
designated said Union as their representative for the purpose of
collective bargaining with respondents; and, that at all times
since said date the Union has been the representative for collec-
tive bargaining of all the employees of the respondents in said
unit.
It is further stipulated and agreed by all the parties hereto,
if approved by the National Labor Relations Board, that the
respondents and the complaining Union herein consent upon the
pleadings, to the making of findings and entry of an Order
thereupon as hereinafter set out.
I. The respondents shall:
1. Cease and desist from refusing to bargain collectively
with the Amalgamated Clothing Workers of America, Local
69, as the exclusive representative of all their employees ex-
clusive of supervisory and clerical employees;
810 NATIONAL LABOR RELATIONS BOARD
2. Cease and desist from interfering with, restraining or
coercing their employees in the exercise of their right to
form, join, or assist labor organizations of their own choos-
ing and in particular, the Amalgamated Clothing Workers
of America, Local 69, to bargain collectively and to engage
in other concerted activities with their employees at their
Muncie plant;
3. Cease and desist from in any manner recognizing, bar-
gaining with, dominating or interfering with the admin-
istration of the Eagle Glove Employees' Union, or with the
formation or administration of any other labor organization
of their employees or contributing support, financial or
otherwise, to said Eagle Glove Employees' Union, or any
other labor organization of their employees;
4. Cease and desist from in any manner encouraging or
discouraging the membership of their employees in or their
affiliation with any labor organization of their employees and
from in any manner discriminating in regard to hire or
tenure of employment or any term or condition of employ-
ment of their employees because of their membership in or
their affiliation with the Amalgamated Clothing Workers of
America, Local 69, or any other labor organization.
H. The respondents shall take the following affirmative
action in order to effectuate the policies of the National Labor
Relations Act :
A. Upon request, bargain collectively with the Amalga-
mated Clothing Workers of America, Local 69, as the ex-
clusive representative of their employees, exclusive of super-
visory and clerical employees, in respect to. rates of pay,
wages, hours of employment, and other conditions of em-
ployment and, if an understanding is reached on any such
matters, embody such understanding in a signed agreement
for a definite term, to be agreed upon, if requested to do so
by said Local 69;
B. Withdraw all recognition from and disestablish all
relationship and connection with the Eagle Glove Em-
ployees' Union as a representative of their employees, or any
of their employees, for the purpose of dealing with the re-
spondents concerning grievances, labor disputes, wages, rates
of pay, hours of employment or other conditions of employ-
ment ; inform in writing the officers of said Eagle Glove Em-
ployees' Union that it will not in any manner, deal with or
recognize such organization and will withdraw from, any
contractual relationship with said organization;
DECISIONS AND ORDERS 811
C. Offer to all employees named in the complaint herein,
(a list of which names is attached to this stipulation and
marked Appendix "A")1 immediate and full reinstatement
to employment in their respective former positions without
prejudice to their former seniority and other. rights or
privileges ;
D. On or before October 30, 1938, post two copies of this
stipulation in conspicuous places in respondents' Muncie
plant and cause such copies to remain posted for a period of
at least sixty (60) consecutive days from the date of
posting;
E. File with the Regional Director of the Eleventh Re-
gion within ten days from the date the respondents are
notified that the National Labor Relations Board has ap-
proved this stipulation, a report in writing, setting forth in
detail the manner and form in which the respondents have
complied with the foregoing requirements.
The respondents hereto consent to the entry by any United
States Circuit Court of Appeals of a decree enforcing an Order
of the National Labor Relations Board in the above form and
waive their right to contest any application by the National
Labor Relations Board for the entry of such decree; and further
waive any and all requirements of the notice of the filing of such
application by the National Labor Relations Board before any
United States Circuit Court of Appeals.
It is hereby further stipulated and agreed by and between all
the parties hereto that this stipulation is to supersede any pre-
vious stipulations entered into concerning the settlement of this
proceeding.
On November 28, 1938, the Board issued its order approving the
above stipulation, making it a part of the record in the case, and
transferring the proceeding to the Board for the purpose of an
entry of a decision and order of the Board pursuant to the provi-
sions of this stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
The respondents are a copartnership doing business under the
firm name and style of Eagle Glove and Garment Co., and have been
for a number of years engaged in the manufacture, sale, and dis-
I Appendix A is attached to the Order of the Board.
812 NATIONAL LABOR RELATIONS BOARD
tribution of canvas and leather gloves at a place of business at
Muncie, Indiana, herein called the Muncie plant, and also at Nobles-
ville, Indiana, herein called the Noblesville plant.
During the past year the raw materials used by the respondents
consisting of flannel, thread, leather, canvas, and denim had an ap-
proximate value of $58,000. All of these materials were purchased
outside the State of Indiana.
Approximately 60 per cent of the gloves manufactured by the
respondents valued at about $57,000 were sold and shipped to cus-
tomers outside the State of Indiana.
II. THE UNION
Amalgamated Clothing Workers of America, Local No. 69, is a
labor organization within the meaning of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The refusal to bargain collectively
1. The appropriate unit
We find that all the production employees of the respondents at
their Muncie plant, exclusive of supervisory and clerical employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, and that such unit insures to the employees the full benefit of
their right to self-organization and collective bargaining and other-
wise effectuates the policies of the Act.
2. Representation of a majority within the unit
We find that on or about August 11, 1937, and at all times there-
after, a majority of the respondents' employees at the Muncie plant
in the appropriate unit designated the Union as their representative
for the purposes of collective bargaining; and that at all times there-
after the Union was the representative for the purposes of collective
bargaining of a majority of the respondents' employees in the ap-
propriate unit. By virtue of Section 9 (a) of the Act, therefore, it
was the exclusive representative of all the respondents' employees in
the said unit for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
3. The refusal to bargain
We find that on or about August 11, 1937, the Union requested the
respondents to bargain collectively with respect to rates of pay, wages,
hours of employment, and other conditions of employment with the
DECISIONS AND ORDERS 813
Union as the representative of all the respondents' employees in the
aforesaid unit, and that on or about August 11, 1937, and at all times
thereafter, the respondents refused to bargain collectively with the
Union as the exclusive representative of all the employees in the
aforesaid unit, and thereby interfered with, restrained, and coerced
their employees in the exercise of the rights guaranteed in Section 7
of the Act.
B. The discharges
We find that on or about August 11, 1937, the respondents termi-
nated the employment of and refused to reinstate the employees
named in Appendix A, attached to the Order, because they joined
and assisted the Union and engaged in other concerted activities for
the purposes of collective bargaining and other mutual aid or pro-
tection; that the respondents, by the discharges described above, dis-
criminated against these employees in regard to their hire and tenure
of employment, and thereby interfered with, restrained, and coerced
their employees in the exercise of the rights guaranteed in Section 7
of the Act.
C. Interference, restraint, and coercion
We find that during August 1937, and at all times thereafter, the
respondents urged, persuaded, and warned their employees at their
Muncie plant and their Noblesville plant, to refrain from becoming
or remaining members of the Union; that the respondents threatened
their employees with reprisals if they became or remained members of
the Union; that the respondents kept under surveillance the meet-
ings of the Union members employed at their Muncie plant and
Noblesville plant; and that by the aforesaid acts the respondents in-
terfered with, restrained, and coerced .their employees in the exer-
cise of the rights guaranteed in Section 7'of the Act.
We find that the respondents initiated, formed, and sponsored a
labor organization known as the Eagle Glove Employees Union for
the purpose of dealing with their employees concerning grievances,
labor disputes, and conditions of employment; that the respondents
dominated and contributed to the support of and interfered with the
administration of the aforesaid labor organization and have thereby
interfered with, restrained, and coerced their employees in the exer-
cise of the rights guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find that the activities of the respondents set forth in Section
III above, occurring in connection with their operations described in
Section I above, have a close, intimate, and substantial relation to
814 NATIONAL LABOR RELATIONS BOARD
trade, traffic, and commerce among the several States, and tend to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
ORDER
Upon the basis of the above findings of fact and 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 William A. Lammott, Ross Lammott, Marie E.
Lammott, and Gertie V. Lammott, copartners doing business under
the firm name and style of Eagle Glove & Garment Co., Muncie,
Indiana, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with the Amalgamated Cloth-
ing Workers of America, Local 69, as the exclusive representative of
all their employees exclusive of supervisory and clerical employees ;
(b) Interfering with, restraining, or coercing their employees in
the exercise of their right to form, join, or assist labor organizations
of their own choosing and in particular, the Amalgamated Clothing
Workers of America, Local 69, to bargain collectively and to engage
in other concerted activities with their employees at their Muncie
plant;
(c) In any manner recognizing, bargaining with, dominating or
interfering with the administration of the Eagle Glove Employees'
Union, or with the formation or administration of any other labor or-
ganization of their employees or contributing support, financial or
otherwise to said Eagle Glove Employees' Union, or any other labor
organization of their employees ;
(d) In any manner encouraging or discouraging the membership
of their employees in or their affiliation with any labor organization
of their employees and from in any manner discriminating in regard
to hire or tenure of employment or any term or condition of employ-
ment of their employees because of their membership in or their
affiliation with the Amalgamated Clothing Workers of America, Local
69, or any other labor organization.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Upon request, bargain collectively with the Amalgamated
Clothing Workers of America, Local 69, as the exclusive representay
tive of their employees, exclusive of supervisory and clerical em-
ployees, in respect to rates of pay, wages, hours of employment, and
other conditions of employment and, if an understanding is reached
on any such matters, embody such understanding in a signed agree-
ment for a definite term, to be agreed upon, if requested to do so by
said Local 69;
DECISIONS AND ORDERS 815
(b) Withdraw all recognition from and disestablish all relationship
and connection with the Eagle Glove Employees' Union as a rep-
resentative of their employees, or any of their employees, for the
purpose of dealing with the respondents concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other condi-
tions of employment; inform in writing the officers of said Eagle
Glove Employees' Union that it will not in any manner, deal with, or
recognize such organization and will withdraw from any contractual
relationship with said organization;
(c) Offer to all employees named in the complaint herein (a list
of which names is attached to this Order and marked Appendix A),
immediate and full reinstatement to employment in their respective
former positions without prejudice to their former seniority and other
rights or privileges;
(d) On or before October 30, 1938, post two copies of this Order
in conspicuous places in respondents' Muncie plant and cause such
copies to remain posted for a period of at least sixty (60) consecu-•
tive days from the date of posting;
(e) File with the Regional Director of the Eleventh Region within
ten days from the date the respondents are notified that the National
Labor Relations Board has approved.the above stipulation, a report
in writing, setting forth in detail the manner and form in which the
respondents have complied with the foregoing requirements.
AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges
that the respondent has engaged in unfair labor practices with re-
spect to the discharge of Sarah Jones, be, and it hereby is, dismissed.
APPENDIX A
Mabel Guinn
Bertie Harrell
Imogene Curtis
Muriel Dotson
John Daugherty
Mildred Carmichael
Gertrude Griffin
Hazel Mahoney
Laura McGriff
Kathryn Ratliff
Grace Colston
Ada Griffee
Marie Morrical
Mary F. Rusher
Mildred Flatter
Phoebe Hopper
Helen Wyant
Pearl Renebarger
Dorothy Carpenter
Mariba Gibson
Eva Lipscomb
Grace Oxley
Lottie Hall
i