Oneita Knitting Mills

National Labor Relations Board - Board Decisions

Dec 13, 1938

10 N.L.R.B. 587 (N.L.R.B. 1938)

In the Matter Of ONEITA KNITTING MILLS and TEXTILE WORKERS'-
ORGANIZING COMMITTEE LOCAL #84
Case No. C-976.-Decided December 13,1938
Textile Industry-Settlement : stipulation providing for cessation of unfair
labor practices , withdrawal of recognition from labor organization , no further
enforcement of agreement with said organization , reinstatement of one employee
with back pay-Order : entered on stipulation.
Mr. Edward D. Flaherty, for the Board.
Messrs. Kernan d Kernan, by Mr. Warnick J. Kernan and Mr.
Willis D. Morgan, of Utica, N. Y., for the respondent.
Mr. Alfred Udoff, of New York City, for the T. W. O. C.
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 Textile
Workers Organizing Committee, Local #84, herein called the
T. W. O. C., the National Labor Relations Board, herein called the
Board, by the Regional Director for the Third Region (Buffalo, Now
York ) issued its complaint dated September 26, 1938 , against Oneita
Knitting Mills, Utica, New York, herein called the respondent, al-
leging that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning of Sec-
tion 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, accompanied by notice of hearing, were duly served
upon the respondent and the T. W. O. C. The respondent filed an
answer to the complaint, denying that it had engaged in the alleged
unfair labor practices.
With respect to the unfair labor practices , the complaint alleged in
substance : ( 1) that the respondent dominated and interfered with
the formation and administration of Federated Industrial Union,
Local #209, a labor organization, and contributed financial and other
support to it; (2), that the respondent discharged and thereafter re-
fused to reinstate Genevieve O'Lite, an employee , because of her mem-
10 N. L . ft . B., No. 43.
587
588 NATIONAL LABOR RELATIONS BOARD
bership in the T. W. O. C.; (3) that the respondent discouraged mem-
bership in the T. W. O. C. by threatening and reprimanding its em-
ployees who talked about the affairs of the T. W. O. C., by discharg-
ing George Yuskiewicz on one day and reinstating him on the next
day without compensation for the time lost thereby , because of his
membership in the T. W. O. C., and by other acts and conduct; and
(4) that, by the above acts, the respondent interfered with, re-
strained , and coerced its employees at its Utica , New York, plant,
in the exercise of their rights to self-organization, to form, join,
and assist labor organizations, to bargain collectively through repre-
sentatives of their own choosing , and to engage in concerted activities
for the purposes of collective bargaining and other mutual aid and
protection.
Pursuant to notice , a hearing was held at Utica, New York, on
October 10, 11, 12, 13, 14, 17, and 19, 1938, before Joseph L. Maguire,
the Trial Examiner duly designated by the Board. The Board, the
respondent , and the T. W. O. C . were represented by counsel and
participated in the hearing. On the last day of the hearing, the
respondent , the Tq W. O. C., and counsel for the Board entered into
the following stipulation :
IT IS HEREBY STIPULATED, by and between Oneita Knitting
Mills, the Respondent herein, Textile Workers Organizing Com-
mittee, Local 84, and the National Labor Relations Board that :
I. The Respondent is and has been since the 15th day of
April, 1893 a corporation duly organized and existing under and
by virtue of the laws of the State of New York, having its
principal office and place of business in the City of Utica, New
York.
IT. The Respondent is engaged at its plant in the City of
Utica, New York in the manufacture , sale and distribution of
knit wear and knit outerwear.
III. The raw materials used in the manufacture of said
products consist of raw cotton , raw wool, rayon , trimmings,
buttons and cotton yarn . The value of the raw materials used
by the Respondent at its Utica, New York plant, purchased from
September 1st, 1937 to September 1st, 1938, inclusive, was
$568,563.45 , of which 85 % was shipped to the Respondent from
states other than the State of New York via rail and truck.
IV. The approximate value of the finished products shipped
by the Respondent during the same period amounted to $2,049,-
394.83, 65% of which were shipped to points outside the State of
New York, the finished products being shipped via rail , truck,
express and parcel post.
V. The Respondent normally employs at its Utica, New York,
plant approximately 1200 employees who are engaged in produc-
DECISIONS AND ORDERS 589
tion and maintenance,-of whom 35 or 40 are foremen. In addi-
tion thereto the Respondent also employs at its Utica, New York,
plant approximately 35 clerical workers and 5 salesmen who
solicit orders from customers located throughout the United
States.
VI. The Respondent advertises in "Underwear and Hosiery
Review", a magazine having a national circulation.
VII. The Respondent, Oneita Knitting Mills is engaged in
Interstate Commerce within Me meaning of the National Labor
Relations Act.
VIII. The Textile Workers Organizing Committee, Local 84,
affiliated with the CIO, is a labor organization. within the mean-
ing of Section 2, Subdivision 5 of the Act.
IX. Federated Industrial Union, Local 209, is a labor organ-
ization admitting to its membership employees of the Respondent.
X. This stipulation may be filed with the Trial Examiner of
the National Labor Relations Board at Utica, New York, and
when so filed shall constitute part of the record in this case.
XI. Upon this stipulation, if approved by the National Labor
Relations Board, an order may forthwith be entered by such
Board providing as follows :
(1) The Respondent, its officers, agents, successors and as-
signs will forthwith cease and desist from such unfair labor
-practices as have occurred in the past.
(2) In addition thereto the Respondent, its officers, agents,
successors and assigns will from and after the date hereof
cease and desist from :
a. In any manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organiza-
tion, 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 col-
lective bargaining or other mutual aid and protection as guar-
anteed in Section 7 of the National Labor Relations Act.
b. Discouraging membership in the Textile Workers Or-
ganizing Committee, Local 84, or any other' labor organization
of its employees by discriminating in regard to hire or tenure
of employment or any term or condition of employment.
c. In any manner dominating or interfering with the admin-
istration of the Federated Industrial Union, Local 209, or any
other organization of its employees or contributing aid.or sup-
port to said organization or any labor organization of its em-
ployees; from recognizing or dealing with Federated In-
dustrial Union, Local 209, as a labor organization or any per-
590 NATIONAL LABOR RELATIONS BOARD
son or group of persons purporting to represent said organ-
ization.
d. Giving effect to or in any manner enforcing or recog-
nizing the certain agreement, dated June 10, 1938, made and
entered into by and between Respondent and Federated In-
dustrial Union, Local 209.
(3) The Respondent, its officers, agents, successors and as-
signs will forthwith take the following affirmative action to
effectuate the policies of the Act :
a. Withdraw all' recognition from Federated Industrial
Union, Local 209, as the representative *of the Respondent's
employees,-or any of them, as a labor organization, and notify
said organization to that effect.
b. Cease to give effect to or in any manner enforce or recog-
nize the certain agreement, dated June 10, 1938, made and
entered into by and between Respondent and Federated Indus-
trial Union, Local 209.
c. Post immediately notices on all bulletin boards and time
clocks about its plant at Utica, New York, so that the same
will be plainly visible', for a period of not less than 30. con-
secutive days, stating :
1. That the Re°spondent will cease and desist as aforesaid.
2. That the Respondent will cease to give effect to and
will not in any manner enforce or 'recognize the certain
agreement, dated June 10, 1938, made and entered into by
and between Respondent and Federated Industrial Union,
Local 209.
3. That recognition has been withdrawn from the Fed-
erated Industrial Union, Local 209, as aforesaid.
c. Inform the officers and agents, including the Superin-
tendent and other supervisory employees, that they shall not
in any manner threaten the Respondent's employees because of
their membership in any labor organization or approach said
employees and discuss with them the question of their labor
affiliation.
d. Offer Genevieve O'Lite immediate and full reinstatement
to her former position without prejudice to her seniority and
other rights and privileges.
e. Make whole Genevieve O'Lite for any loss of earnings she
has suffered by reason of her discharge by payment to her of
a sum of money equal to that which she would normally have
earned from the date of the termination of her employment to
the date of said offer of reinstatement, less any amounts she
has earned during that period.
DECISIONS AND ORDERS 591
XII. It is stipulated and agreed that any Circuit Court of
Appeals of the United States may, upon application by the
National Labor Relations Board, enter its decree enforcing the
order of the Board in substantially the form above set out.
The Respondent waives its right to contest the entry of
any such decree and its right to receive notice of the filing of an
application for the entry of such decree in the form above set
forth.
On October 21, 1938, the Board issued an order approving the
stipulation and making it a part of the record in the case , and further
ordered, in accordance with Article II, Section 37, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, that
the proceeding be transferred to and continued before the Board for
the purpose of entry of a decision and order pursuant to the provi-
sions 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
The respondent , Oneita Knitting Mills, is a New York corporation,
with its principal office and plant in Utica, New York. The respond-
ent is engaged in the manufacture , sale, and distribution of knit wear
and knit outerwear . The respondent normally employs approxi-
mately 1,200 production and maintenance employees , 35 clerical
workers, and 5 salesmen who solicit orders from customers located
throughout the United States.
The raw materials used by the respondent in its manufacturing
operations consist of raw cotton , raw wool, rayon, trimmings, but-
tons, and cotton yarn. The value of the raw materials used by the
respondent at its plant in Utica, New York, purchased from Septem-
ber 1 , 1937, to September 1, 1938, inclusive , was $568,563 .45, of which
85 per cent represented raw materials shipped to the respondent from
States other than New York . The approximate value of the finished
products shipped by the respondent during the same period amounted
to $2,049,394 .83, of which 65 per cent represented shipments to points
outside New York. The respondent advertises in "Underwear and
Hosiery Review," a magazine having a national circulation.
The respondent admits that it is engaged in interstate commerce
within the meaning of the Act.
We find that the above -described operations of the respondent.
constitute a continuous flow of trade , traffic, and commerce among
the several States.
592 NATIONAL LABOR RELATIONS BOARD
ORDER
On the basis of the above findings of fact and stipulation, and pur-
suant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that the respondent,
Oneita Knitting Mills, Utica, New York, and its officers, agents, suc-
cessors, and assigns, shall :
1. Cease and desist from :
(a) Such unfair labor practices as have occurred in the past;
(b) In any manner interfering with, restraining, or coercing its
employees in the exercise of their 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
and protection as guaranteed in Section 7 of the National Labor
Relations Act;
(c) Discouraging membership in the Textile `Yorkers Organizing
Committee, Local 84, or any other labor organization of its employees,
by discriminating in regard to hire or tenure of employment or any
term or condition of employment;
(d) In any manner dominating or interfering with the adminis-
tration of the Federated Industrial Union, Local 209, or any other
organization of its employees, or contributing aid or support to said
organization or any labor organization of its employees;
(e) Recognizing or dealing with Federated Industrial Union; Local
209, as a labor organization, or any person or group of persons pur-
porting to represent said organization;
(f) Giving effect to or in any manner enforcing or recognizing the
certain agreement, dated June 10, 1938, made and entered into by and
between the respondent and Federated Industrial Union, Local 209.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition from Federated Industrial Union,
Local 209, as the representative of the respondent's employees, or any
of them, as a labor organization, and notify said organization to that
effect;
(b) Cease to give effect to or in any manner enforce or recognize
the certain agreement, dated June to, 1938, made and entered into by
and between the respondent and Federated Industrial Union, Local
209;
(c) If it has not already done so, post immediately notices on all
bulletin boards and time clocks about its plant at Utica, New York,
so that the same will be plainly visible, for a period of not less than
30 consecutive days, stating:
DECISIONS AND ORDERS 593
(1) That the-respondent will cease and desist as aforesaid;
(2) That the respondent.will=cease to, give.effect to and will not in
any manner enforce or recognize the certain agreement, dated June
10, 1938, made and entered into by and between the respondent and
Federated Industrial Union, Local 209;
(3) That recognition has been withdrawn from the Federated
Industrial Union, Local 209, as aforesaid;
(d) Inform the officers and agents, including the Superintendent
and other supervisory employees, that they shall not in any manner
threaten the respondent's employees because of their membership in
any labor organization or approach said employees and discuss with
them the question of their-labor affiliation;
(e) Offer Genevieve O'Lite immediate and full reinstatement to her
former position, without prejudice to her seniority and other rights
and privileges ;
(f) Make whole Genevieve O'Lite for any loss of earnings she has
suffered by reason of her discharge by payment to her of a sum of
money equal to that which she would normally have earned from the
date of the termination of her employment to the date of said offer of
reinstatement, less any amounts she has earned during that period.