Northwestern Manufacturing Company and Brazil Manufacturing Company; and Brazil Chamber of Commerce, Inc.

National Labor Relations Board - Board Decisions

Dec 13, 1938

10 N.L.R.B. 578 (N.L.R.B. 1938)

41
In the Matter Of SIDNEY BAUM, ABRAHAM BAUM AND IRVING GREEN-
FIELD , INDIVIDUALS DOING BUSINESS UNDER THE FIRM NAMES AND
STYLES OF NORTHWESTERN MANUFACTURING COMPANY AND BRAZIL
MANUFACTURING COMPANY; AND BRAZIL CHAMBER OF COMMERCE,
INC. and INTERNATIONAL LADIES GARMENT WORKERS UNION
Case No. C-659-Decided December 13, 1938
Ladies' Garment Mantntacturnrp Industry-Settlement: stipulation providing
for : cessation of unfair labor practices ; collective bargaining, reinstatement of
employees, upon resumption of operations, with back pay in specified amounts ;
other affirmative action-Oi der: entered on stipulation.
Mr. Lester M. Levirn, for the Board.
Mr. Irving Green field, of Chicago, Ill., for himself, Sidney Baum,
and Abraham Baum.
Mr. Ralph M. McQueen, of Brazil, Ind., for Brazil Chamber of.
Commerce, Inc.
Mr. Harold W. Schwartz, of Chicago, Ill., for the Union.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been duly filed by Abraham
Plotkin, general organizer for the International Ladies Garment
Workers Union, herein called the Union, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for the
Eleventh Region (Indianapolis, Indiana), issued its complaint dated
March 25, 1938, against Sidney Baum, Abraham Baum, and Irving
Greenfield, individuals doing business under the firm names and styles
of Northwestern Manufacturing Company and Brazil Manufactur-
ing Company, Brazil, Indiana, and against Brazil Chamber of Com-
merce, Inc., Brazil, Indiana, all herein called the respondents, alleging
that the respondents had engaged in and were engaging in unfair labor
practices affecting commerce within the meaning of Section 8 (1),
(3), and (5) and Section 2 (6) and (7) of the National Labor Rela-
10 N. L. R. B., No. 42.
578
DECISIONS AND ORDERS 579
Lions Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint and notice of hearing thereon were duly served upon the re-
spondents and the Union. The respondents Sidney Baum, Irving
Greenfield, and Brazil Chamber of Commerce, Inc., filed answers to
the complaint. The respondent Brazil Chamber of Commerce, Inc.,
also filed a motion that the complaint against it be dismissed.
With respect to the unfair labor practices, the complaint alleged
in substance: (1) that the respondent Brazil Chamber of Commerce,
Inc., acted in concert with and assisted the respondents Sidney Baum,
Abraham Baum, and Irving Greenfield in all the acts of said re-
spondents alleged as constituting unfair labor practices; (2) that the
respondents Sidney Baum, Abraham Baum, and Irving Greenfield
discharged and locked out all of their employees at their place of
business at Brazil, Indiana, and thereafter refused to reinstate them,
for the reason that they joined and assisted the Union and engaged
in concerted activities for the purpose of collective bargaining and
other mutual aid and protection; (3) that in August 1937 said re-
spondents transferred and moved all their operations at their place of
business at Brazil, Indiana, to their place of business at Chicago,
Illinois; (4) that on and after July 26, 1937, said respondents urged,
persuaded, and warned their employees at their place of business at
Brazil, Indiana, to refrain from becoming or remaining members of
the Union, threatened them with discharge and other reprisals if they
became or remained members of the Union, and kept under sur-
veillance meetings of the members of the Union employed at their
place of business at Brazil, Indiana; (5) that all of the employees of
said respondents at their place of business at Brazil, Indiana, exclu-
sive of supervisory employees, constitute a unit appropriate for the
purpose of collective bargaining, that at all times since July 27, 1937,
the Union has been the representative for collective bargaining of a
majority of the employees in said unit, and that on July 28, 1937, and
thereafter said respondents -refused to bargain with the Union as the
exclusive representative of all the employees in said unit, although
requested to do so; and (6) that, by the above and other acts, the
respondents interfered with, restrained, and coerced the employees
in the exercise of the rights guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing was held at Brazil, Indiana, on April
4, 5, and 6, 1938, before W. P. Webb, the Trial Examiner duly desig-
nated by the Board, at which the Board, the respondents, and the
Union were represented by counsel. At the commencement of the
hearing, motions to dismiss the complaint were made in behalf of the
respondents Sidney, Baum and Irving Greenfield. The Trial Ex-
aminer at that tune reserved his rulings on these motions and on the
motion to dismiss previously filed by the respondent Brazil Chamber
580 NATIONAL LABOR RELATIONS BOARD
of Commerce, Inc. In his Intermediate Report, the Trial Examiner
granted the motions to dismiss the complaint as to the respondents
Irving Greenfield and Brazil Chamber of Commerce, Inc., and denied
the motion to dismiss the complaint as to the respondent Sidney
Baum. His rulings are hereby affirmed.
On May 23, 1938, the Trial Examiner filed his Intermediate Re-
port, finding that the respondents Sidney Baum and Abraham Baum
had engaged in unfair labor practices affecting commerce within
the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and
(7) of the Act, as alleged in the complaint, and recommending that
said respondents cease and desist therefrom, bargain collectively with
the Union upon request, offer reinstatement, upon resumption of op-
erations at Brazil, Indiana, to 37 named employees who he found
had been unlawfully locked out and discharged on July 28, 1937,
make whole said employees for any loss of pay suffered by reason
of their unlawful discharge, and take certain other affirmative ac-
tion. He further found that the evidence did not sustain the allega-
tions of the complaint in respect to the respondents Irving Greenfield
and Brazil Chamber of Commerce, Inc.
Exceptions to the Intermediate Report were filed by the Union and
by the respondents Sidney Baum and Abraham Baum, and said re-
spondents also requested the privilege of oral argument before the
Board. On September 16, 1938, however, the respondents Sidney
Baum and Abraham Baum and counsel for the Board entered into
a stipulation for the purpose of settling the case, subject to approval
by the Board, and thereafter the Union withdrew its exceptions and
signified its approval of said stipulation. Under these circumstances,
we find it unnecessary to consider the exceptions to the Intermediate
Report, and the request for oral argument is hereby denied.
The stipulation reads as follows :
It is hereby stipulated and agreed by and between Sidney
Baum and Abraham Baum, individuals, doing business under-the
firm names and styles of Northwestern Manufacturing Com-
pany and Brazil Manufacturing Company (hereinafter called
the respondents), and Lester M. Levin, Regional Attorney for
the Eleventh Region of the National Labor Relations Board
(hereinafter called the Board), for the purposes of the above
entitled proceeding, as follows :
1. The respondents are now and have been since 1934 doing
business as co-partners under the firm name and style of North-
western Manufacturing Company having their principal office
and place of business at 1213 West Van ,Buren Street, in the
City of Chicago, State of Illinois. Said respondents own and
operate a factory at said address in Chicago, Illinois (herein-
DECISIONS AND ORDERS 581
after called the Chicago plant) for the manufacture, sale and
distribution of cotton garments.
2. On or about March 3, 1937 said respondents opened a branch
factory in the City of Brazil, State of Indiana , under the firm
name and style of Brazil Manufacturing Company ( hereinafter
called the Brazil plant ) for the purpose of performing the final
operations upon work which was initiated in the Chicago plant
of said respondents. Said Brazil plant is and has been since
March 3, 1937 , owned by said respondents.
3. The principal raw materials used at said Chicago plant
of said respondents are cotton piece goods . During the year
1937 about $100,000 worth of cotton piece goods were purchased
for said Chicago plant; 90% of same being shipped to said
Chicago plant from points and places outside the State of
Illinois.
4. During the year 1937 the gross sales of the finished products
from said Chicago plant of said respondents amounted to ap-
proximately $215,000; approximately 30/0 of such sales were
shipped to States other than the State of Illinois , principally to
the States of New York, Michigan and Indiana.
5. Said respondents employ eight salesmen who travel through-
out many States of the United States.
6. The Brazil plant of said respondents was operated from
approximately March 3, 1937 to July 28, 1937 . Said Brazil plant
of said respondents received bundles of goods, already cut, from
said Chicago plant by motor truck each week ; the cut pieces
were processed into finished garments at said Brazil plant and
then shipped back to said Chicago plant of said respondents.
7. During the period of the operation of said Brazil plant by
said respondents , approximately 2,000 dozen garments composed
of six to ten pieces, each , were shipped from said Chicago plant
of said respondents to said Brazil plant of said respondents.
Said pieces were processed at said Brazil plant of said respon-
dents and after processing were shipped back to said Chicago
plant of said respondents.
It is hereby further stipulated that upon the record herein and
upon this stipulation , if approved by the Board, an Order may
be entered forthwith by said Board providing as follows :
1. Respondents , Sidney Baum and Abraham Baum, individ-
uals, doing business under the firm names and styles of North-
western Manufacturing Company and Brazil Manufacturing
Company, shall cease and desist from interfering with, restrain-
ing or coercing its employees in the Brazil plant in the exercise
of the right to self-organization, to form, join, or assist labor
147841-39-vol. 10-38
582 NATIONAL LABOR RELATIONS BOARD
organizations, to bargain collectively through representatives of
their own choosing, and to engage in concerted activities, for
the purpose of collective bargaining or other mutual aid or
protection.
2. Respondents, Sidney Baum and Abraham Baum, individu-
als, doing business under the firm names and styles of Northwest-
ern Manufacturing Company and Brazil Manufacturing Com-
pany, shall cease and desist from refusing to bargain collectively
with International Ladies Garment Workers Union, Local 313,
the representative of their employees in the Brazil plant, exclu-
sive of those engaged in a supervisory capacity.
3. Respondents, Sidney Baum and Abraham Baum, individii-
als, doing business under the firm names and styles of Northwest-
ern Manufacturing Company and Brazil Manufacturing Com-
pany, shall cease and desist from discouraging membership in any
labor organization by discrimination in regard to hire or tenure
of employment or any term or condition of employment.
4. Respondents, Sidney Baum and Abraham Baum, individu-
als, doing business under the firm names and styles of Northwest-
ern Manufacturing Company and Brazil Manufacturing Com-
pany will take the following affirmative action in order to effectu-
ate the policies of the National Labor Relations Act :
(a) Upon request, bargain collectively with the International
Ladies Garment Workers Union, Local 313, as the exclusive repre-
sentative of their employees in the Brazil plant, constituting the
appropriate unit as aforesaid, who were in the employ of re-
spondents in the Brazil plant on July 28, 1937, the date the plant
was shut down, in respect to rates of pay, wages, hours of employ-
ment or other conditions of employment.
(b) Will resume operations at said Brazil plant forthwith and
offer to the 37 , employees whose names appear on Exhibit A,'
annexed hereto, immediate and full reinstatement to their former
positions, or substantially equivalent positions, without prejudice
to their former seniority and other rights and privileges previ-
ously enjoyed by them.
(c) For the purpose of making whole the persons named in
Exhibit A, annexed hereto, for any losses of pay they have suf-
fered by reason of their being locked out from said Brazil plant
on or about July 28, 1937, the sum of $3,000 for distribution
among said employees; said sum to be pro-rated among said
employees in accordance with the amount set opposite each name
on said Exhibit A, annexed hereto. The amount of money set
' Set forth in Appendix A of the Board's order, infra
DECISIONS AND ORDERS 583
opposite each name in Exhibit A represents the amount of the
loss of pay suffered by said individuals, and each of them. Said
sum of money shall be paid, by check, to each employee listed in
Exhibit A, in the following manner : 50% forthwith ; 25% on
November 1, 1938; and 25% on January 1, 1939.
(d) Post immediately upon the resumption of operations at
said Brazil plant in four (4) conspicuous places and maintain
for a period of at least thirty (30) consecutive days from the
date of posting, and from the date when the plant reopens, notices
stating that the respondents will cease and desist as provided
above.
(e) Notify, in writing, the Regional Director for the Eleventh
Region of the National Labor Relations Board, within twenty
(20) days of notification that the Board has approved this stipu-
lation, of the manner in which said respondents have complied
therewith.
The allegations of the Complaint in respect to the respondents,
Irving Greenfield and Brazil Chamber of Commerce, Inc., are
hereby dismissed.
The respondents consent to the entry by any United States Cir-
cuit Court of Appeals of a decree enforcing an order of the Na-
tional Labor Relations Board in the above form and waives its
right to contest any application by the National Labor Relations
Board for the entry of such a decree; and further waives any and
all requirements of notice of the filing of such application by the
National Labor Relations Board before any United States Circuit
Court of Appeals.
This stipulation is submitted subject to the approval of the
National Labor Relations Board, Washington, D. C.
On November 2, 1938, the Board issued an order approving the
above stipulation and making it a part of the record in the case.
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 RESPONDENTS SIDNEY BAUM AND ABRAHAM BAUM
The respondents Sidney Baum and Abraham Baum, individuals,
are and since 1934 have been doing business as copartners under the
firm name and style of Northwestern Manufacturing Company, with
their principal office and place of business at Chicago, Illinois. Said
respondents own and operate a plant at Chicago, Illinois, for the
manufacture, sale, and distribution of cotton garments. The princi-
584 NATIONAL LABOR RELATIONS BOARD
pal raw materials used at the Chicago plant are cotton piece goods-
From approximately March 3, 1937, to July 28, 1937, said respondents
operated a branch plant at Brazil, Indiana, under the firm name and
style of Brazil Manufacturing Company, for the purpose of perform-
ing final operations upon work initiated at the Chicago plant. At the.
Brazil plant, piece goods were received each week by motor truck
from the Chicago plant, the piece goods were processed into finished
garments, and the finished garments were shipped back to the Chicago•
plant. Said respondents employ eight salesmen who travel through-
out many States of the United States.
During the year 1937 there were purchased for the Chicago plant
cotton piece goods amounting in value to $100,000, of which 90 per
cent were shipped to the Chicago plant from points outside of Illinois.
During the same period, the gross sales of the finished products from
the Chicago plant amounted to approximately $215,000, of which ap-
proximately 30 per cent were shipped to States of the United States:
other than Illinois, principally to New York, Michigan, and Indiana.
During the period of operation of the Brazil plant, approximately
12,000 to 20,000 pieces of cotton goods were shipped from the Chicago
plant to the Brazil plant and there made into approximately 2,004
garments, and said garments were shipped back to the Chicago plant.
We find that the above-described operations of the respondents Sid-
ney Baum and Abraham Baron constitute and at all times herein
mentioned have constituted a continuous flow of trade, traffic, and
commerce among the several States.
ORDER
On the basis of the above stipulation and findings of fact, and upon
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 the respondents Sidney Baum and Abraham Baum,,
individuals doing business under the firm names and styles of North-
western Manufacturing Company and Brazil Manufacturing Com-
pany, Brazil, Indiana, shall:
1. Cease and desist from :
(a) Interfering with, restraining, or coercing their employees in the
Brazil plant in the exercise of the right 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 purpose of collective bargaining or other mutual aid
or protection ;
(b) Refusing to bargain collectively with International Ladies Gar-
ment Workers Union, Local 313, the representative of their employees
DECISIONS AND ORDERS 585
in the Brazil plant, exclusive of those engaged in a supervisory
capacity ;
(c) Discouraging membership in any labor organization by dis-
crimination in regard to hire or tenure of employment or any term
or condition of employment.
2. Take the following affirmative action, which the Board finds will
;effectuate the policies of the National Labor Relations Act :
(a) Upon request, bargain collectively with the International Ladies
,Garment Workers Union, Local 313, as the exclusive representative of
their employees in the Brazil plant, constituting the appropriate trait
as aforesaid, who were in their employ in the Brazil plant on July 28,
1937, the date the plant was shut down, in respect to rates of pay,
wages, hours of employment, or other conditions of employment;
(b) Resume operations at said Brazil plant forthwith and offer to
the 37 employees whose names appear on Appendix A, annexed here-
to, immediate and full reinstatement to their former positions, or sub-
stantially equivalent positions, without prejudice to their former
seniority and other rights and privileges enjoyed by them;
(c) For the purpose of making whole the persons named in Appen-
dix A, annexed hereto, for any losses of pay they have suffered by
reason of their being locked out from said Brazil plant on or about
July 28, 1937, pay the sum of $3,000 for distribution among said em-
ployees; said sum to be pro-rated among said employees in accordance
with the amount set opposite each name on said Appendix A, an-
nexed hereto. The amount of money set opposite each name in Ap-
pendix A represents the amount of the loss of pay suffered by said
individuals, and each of them. Said sum of money shall be paid, by
check, to each employee listed in Appendix A, in the following man-
ner : 50 per cent forthwith ; 25 per cent on November 1, 1938; and 25
per cent on January 1, 1939;
(d) Post immediately upon the resumption of operations at said
Brazil plant in four (4) conspicuous places and maintain for a period
of at least thirty (30) consecutive days from the date of posting, and
from the date when the plant reopens, notices stating that the re-
spondents will cease and desist as provided above ;
(e) Notify, in writing, the Regional Director for the Eleventh Re-
gion of the National Labor Relations Board, within twenty (20) days
of notification that the Board has approved the stipulation of Septem-
ber 16, 1938, of the manner in which said respondents have complied
therewith.
586 NATIONAL LABOR RELATIONS BOARD
APPENDIX A
Grace Chatam---------------- $ 135.75 Christine Corrico-------------- $85. 75
Bertha Weaver--------------- 130.75 Marcia Travis----------------- 76.50
Hannah May----------------- 55.75 Kathleen Beller --------------- 76.50
Merle Dobson---------------- 114.75 Caroline Loftin --------------- 90.50
Zella Mae Griffith------------ 115.75 Ruby Ham-------------------- 35.50
Ruth Belle Campbell --------- 135.75 Mildred L. Brinson------------ 76.50
Marietta Lalin -------------- 135. 75 Lucille Mulligan--------------- 96. 50
Viola Burch------------------ 61.75 Joy A Aker------------------- 96.50
Lucille Clutton--------------- 85. 75 Frieda Howard --------------- 46.50
Meredith Bledsoe------------- 65.75 Katherine Leslie-------------- 36. 50
Charlotte Burch-------------- 85. 75 Doris James------------------- 66.50
Margaret Allen--------------- 115.75 Nancy James------------------ 66.50
Lorene Jones----------------- 135 75 Hazel Kidwell----------------- 42. 50
Mildred Lancet--------------- 105.75 Flossie Gilligan --------------- 42.50
Martha Cassidy -------------- 71. 75 Opal Belk--------------------- 35. 50
Karis Burch ----------------- 85. 75 Kenneth Burch---------------- 66.50
Maude S Easter (Schrolucke) - 93.75 Stella Button------------------ 35. 50
Ruth France ----------------- 96. 50 Lucille Chamberlain ---------- 56 50
M. G. King ------------------ 42.50