Milam Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 20, 1938

8 N.L.R.B. 1196 (N.L.R.B. 1938)

In the Matter Of MILAM MANUFACTURING COMPANY and INTERNA-
TIONAL LADIES' GARMENT WORKERS UNION, LOCAL No. 322
Case No. C-810-Decided September 20, 1,9.38
Clothoiq l [aaiifactiuriuq Industry-Settlement: stipulation providing for reni-
statenient of two discharged employees and disestablishment of company-domi-
nated anion-Order: entered on stipulation.
Mr. Samuel Lang , for the Board.
Mr. J. M. Thomas and Mr. F. G. Thomas , of Tupelo , Miss., and Mr.
Max H . Zuckerman , of New York City, for the respondent.
Mr. Jack Johannes , of Dallas , Tex., for the Union.
Mr. Langdon Ves t, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Ladies' Garment Workers Union, Local No. 322,-herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Fifteenth Region (New Orleans,
Louisiana), issued its complaint dated July 18, 1938, against Milam
Manufacturing Company, Tupelo, Mississippi, herein called the re-
spondent, alleging that the respondent had engaged in and was engag-
ing in unfair labor practices affecting commerce within the meaning
of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. A
copy of the complaint and the notice of hearing thereon were duly
served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent dominated and interfered with the
formation and administration of a labor organization among its
employees at its Tupelo, Mississippi, plant known as the Employees
Association of Milani Manufacturing Company; that the respondent
terminated the employment of and refused to reinstate two named
employees because they joined and assisted the Union; and that the
respondent by the acts described above and by disseminating anti-
8 N.L.R B. No. 147
1196
DECISIONS AND ORDERS 1197
union literature, spying on union meetings, threatening its employees
with reprisals for joining or remaining members of the Union, and
by other acts interfered with, restrained, and coerced its employees
in the exercise of their rights guaranteed in Section 7 of the Act.
On June 15, 1938, the Board issued its order consolidating this
case with Matter of Tupelo Garment Company and International
Ladies' Garment Workers Union, Local No. 322, and Matter of Reed
Brothers, Inc. and International Ladies' Garment Workers Union,
Local No. 32g. On August 2, 1938, the respondent filed its answer
in which it admitted the allegations concerning the nature and scope
of its business, but denied the allegations concerning unfair labor
practices.
Pursuant to notice, a hearing was held at Aberdeen, Mississippi,
on August 8, 9, and 10, 1938, before I. L. Broadwin, the Trial Exami-
ner duly designated by the Board. The respondent, the Union, and
the Board were represented by counsel and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the hearing on August 8, 1938, the respondent
filed a supplemental answer and a motion for a bill of particulars,
and also orally moved that this case be severed from the other two
aforesaid cases. The Trial Examiner reserved his decision on the
motions.
On August 9, 1938, the respondent, the Union, and counsel for the
Board entered into a stipulation in which, inter alia, the respondent
withdrew its answer, its supplemental answer, and all motions made
and filed by it in the case, waived its right to a hearing, and agreed
to the entry of a consent order by the Board, upon its approval of the
stipulation. On the same date, the Trial Examiner received this stip-
ulation in evidence without objection. The hearing was closed on
August 10, 1938.
The stipulation in settlement of the issues provided as follows :
It is hereby stipulated by and between the Milani Manufac-
turing Company, respondent herein, and the International La-
dies' Garment Workers' Union, Local No, 322, herein called the
Union, and Samuel Lang, attorney, National Labor Relations
Board, herein called the Board, that :
I. A-the respondent withdraws its answer and all supple-
ments thereto and all motions heretofore made and filed in this
proceeding, and admits the allegations of paragraphs 1 to 5,
inclusive, of the complaint herein and in connection therewith
admits that its business is subject to the jurisdiction of the
National Labor Relations Board.
1198 NATIONAL LABOR RELAT10N S BOARD
B-The Union withdraws, with prejudice, the allegations in
the Second Amended Charge, upon which are based the allega-
tions in paragraphs 6 to 22, inclusive, of the complaint herein,
subject to the approval of the Board.
II. This Stipulation, the Complaint, with Notice of Hear-
ing, and Second Amended Charge, issued in this proceeding,
and respondent's withdrawn Answer and supplements thereto,
may be introduced as evidence by filing them with the Chief
Trial Examiner of the National Labor Relations Board at
Washington, D. C., as a basis of approval by the Board of
this stipulation.
III. The respondent, having been duly served with the com-
plaint, Notice of Hearing and Second Amended Charge, waives
its right to hearing as set forth in Section 10 (b) and Section
10 (c) of the National Labor Relations Act.
IV. Upon this stipulation, which is in all respects subject
to the approval of the Board, an Order may forthwith be
entered by the Board, and, upon application without notice
to the parties, by the appropriate United States Circuit Court
of Appeals, providing as follows :
1. The respondent will cease and desist as follows :
(a) From in any manner interfering with, restraining
or eoercing its employees in the exercise of their rights to
self organization, to form, join or assist labor organiza-
tions, 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, as guaranteed in Section 7 of the Na-
tional Labor Relations Act;
(b) From in any manner discriminating against any of
its employees in regard to hire or tenure of- employment
for joining the Union, or any other labor organization of
its employees' own choosing;
(c) From dominating or interfering with the forma-
tion or administration of the Employees Association of
Milani Manufacturing Company, or any other labor or-
ganization, and from contributing support to the Em-
ployees Association of Milani Manufacturing Company,
or any other labor organization;
(d) From recognizing, or maintaining any contractual
relationship with the Employees Association of Milani
Manufacturing Company as a collective bargaining
agency for its employees in respect to rates of pay, wages,
DECISIONS AND ORDERS 1199
hours of employment, and other conditions of employ-
ment.
2. The respondent shall take the following affirmative
action to effectuate the policies of the National Labor Re-
lations Act :
(a) Offer to Mrs. Mary L. Palmer and Mrs. Joe (Alta)
Wood immediate and full re-instatement to their former
positions without prejudice to any rights and any privi-
leges previously enjoyed or accruing to them;
(b) Withdraw all recognition from the Employees As-
sociation of Milani Manufacturing Company, ' terminate
all contractual agreements and relations with the Em-
ployees Association of Milani Manufacturing Comipany,
and completely disestablish the Employees Association of
Milani Manufacturing Company as a collective bargaining
agency for its employees;
(c) Immediately post and keep visible on each bulletin
board and in other prominent places throughout its
Tupelo, Mississippi , plant for a period of thirty (30)
days, a notice stating that the respondent shall cease and
desist as provided in paragraph I (a) through (d) above,
and shall take the affirmative action provided in para-
graph 2 (a) through (b) above.
On August 13, 1938, the Board issued its order severing this case
from the two cases mentioned above. On the same date the Board
issued its order approving the above stipulation, embodying it in the
record of the case, and transferring the proceeding to the Board for
the purpose of entry of a decision and order by the Board pursuant
to the provisions of the stipulation. On August 15, 1938, as pro-
vided for in the stipulation , copies of the stipulation , complaint,
notice of hearing, second amended charge, and the respondent's
withdrawn answer and supplement thereto, were filed with the Chief
Trial Examiner of the Board, Washington, D. C., and thereby be-
came part of the record in the case.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent , a Mississippi corporation , is engaged in the manu-
facture, sale , and distribution of children 's playsuits , dresses, and
other garments, with its principal office and place of business at
Tupelo, Mississippi . During the year 1937, the respondent purchased
1200 NATIONAL LABOR RELATIONS BOARD
raw materials consisting principally of cotton, cloth, and decorations
which amounted in value to more than $125,000. More than 90 per
cent of these materials were shipped to the respondent's Tupelo plant
from points outside the State of Mississippi. During the same year
the respondent manufactured finished products valued at $250,000 of
which more than 90 per cent were shipped from the respondent's
Tupelo plant to points outside the State of Mississippi.
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, 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 Milani Manufacturing Company, Tupelo, Missis-
sippi, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) 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 concerted
activities for the purposes of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) From in any manner discriminating against any of its em-
ployees in regard to hire or tenure of employment for joining the
Union, or any other labor organization of its employees' own choosing;
(c) From dominating or interfering with the formation or admin-
istration of the Employees Association of Milani Manufacturing
Company, or any other labor organization, and from contributing
support to the Employees Association of Milani Manufacturing Com-
pany, or any'other labor organization;
(d) * From recognizing, or maintaining any contractual relation-
ship with the Employees Association of Milam Manufacturing Com-
pany as a collective bargaining agency for its employees in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Offer to Mrs. Mary L. Palmer and Mrs. Joe (Alta) Wood im-
mediate and full reinstatement to their former positions without
prejudice to any rights and any privileges previously enjoyed or ac-
cruing to them ;
DECISIONS AND ORDERS 1201
(b) Withdraw all recognition from the Employees Association of
Milam Manufacturing Company, terminate all contractual agree-
ments and relations with the Employees Association of Milam Manu-
facturing Company, and completely disestablish the Employees Asso-
ciation of Milam Manufacturing Company as a collective bargaining
agency for its employees;
(c) Immediately post and keep visible on each bulletin board and
in other prominent places throughout its Tupelo, Mississippi, plant
for a period of thirty (30) days, a notice stating that the respondent
shall cease and desist as provided in paragraph 1 (a) through (d)
above, and shall take the affirmative action provided in paragraph
2 (a) through (b) above.
Ma. EDWIN S. SMITI3 took no part in the consideration of the above
Decision and Order.