Reed Brothers, Inc.

National Labor Relations Board - Board Decisions

Sep 20, 1938

8 N.L.R.B. 1190 (N.L.R.B. 1938)

In the Matter Of REED BROTHERS, INC. and INTERNATIONAL LADIES'
GARMENT WORKERS UNION, LOCAL No. 322
Case No. C-803.-Decided September 00, 1938
Clothing Manufacturing Industry-Settlement: stipulation providing for re-
instatement of and payment of back pay to discharged employees, disestablish-
ment of company-dominated union, and withdrawal of charges as to three
employees-Order: entered on stipulation.
Mr. Samuel Lang, for the Board.
Mr. J. M. Thomas and Mr. F. G. Thomas, of Tupelo, Miss., for the
respondent.
Mr. Jack Johannes, of Dallas, Tex., for the Union.
Mr. Fred B. Smith, of Ripley, Miss., for the Association.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CA SE
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 Reed
Brothers, Inc., Tupelo, Mississippi, herein called the respondent,
alleging that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning of
Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the
National 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 known as the Employees Association of Reed Brothers,
Inc., herein called the Association; that the respondent terminated
the employment of and refused to reinstate nine named employees
because they joined and assisted the Union; and that the respondent
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1190
DECISIONS AND ORDERS 1191
by the acts described above and by disseminating antiunion litera-
ture, spying on union meetings, threatening its employees with re-
prisals 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: 32w, and Matter-of Milani Manu-
facturing Company and International Ladies' Garment Workers
Union, Local No. 322. 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 allegation concerning unfair
labor practices.
Pursuant to notice, a hearing was held on August 8, 9, and 10, 1938,
at Aberdeen, Mississippi, before I. L. Broadwin, the Trial Examiner
duly designated by the Board. The respondent, the Union, and the
Board were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During the hearing on August 8, 1938, counsel for the
Association filed a motion to intervene on behalf of the Association
and individual members and employees of the respondent. The Trial
Examiner denied the motion to intervene. The Board hereby affirms
the Trial Examiner's ruling. Also during the hearing on the same
date, 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 two afore-mentioned 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
stipulation in evidence without objection. The hearing was closed on
August 10, 1938.
The stipulation provided as follows :
It is hereby stipulated by and between Reed Brothers, Inc.,
respondent herein, and the International Ladies' Garment Work-
ers' 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
1192 NATIONAL LABOR RELATIONS BOARD
this proceeding, and admits the allegations of paragraphs 1
to 5, inclusive, of the complaint herein and in connection there-
with admits that its business is subject to the jurisdiction of
the National Labor Relations Board.
II. This Stipulation, the Complaint, with Notice of Hearing,
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 Wash-
ington, 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 coercing 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
National Labor Relations Act;
(b) From discouraging membership in the Union, or in
any other labor organization of its employees by discharg-
ing, threatening, or refusing to reinstate any of its em-
ployees for joining the Union, or any other labor organi-
zation of its employees' own choosing; and from discour-
aging membership in or affiliation with the Union by
speeches, warnings, innuendo, or any other means.
_(c) From in any other manner discriminating against
any of its employees in regard to hire or tenure of em-
ployment for joining the Union, or any other labor organi-
zation of its employees' own choosing;
(d) From dominating or interfering with the for-
mation or administration of the Employees Association
of Reed Brothers, Inc., or any other labor organization
of its employees, and from contributing financial or other
1)EC1SIONS AND ORDERS 1193
support to the Employees Association of Reed Brothers,
Inc., or any other labor organization;
(e) From recognizing or maintaining any contractual
relationship with the Employees Association of Reed
Brothers, Inc., as a collective bargaining agency for its
employees in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
2. Respondent shall take the following affirmative action
to effectuate the policies of the National Labor Relations
Act :
(a) Offer to Mrs.,Hurma Cowan, Mrs. Etoile Creely,
Mrs. Maude Harrison, Lorene Johnson, and Mary Price
immediate and full reinstatement to their former positions
without prejudice to any rights and any privileges previ-
ously enjoyed or accruing to them;
(b) Pay immediately the following sums of money to
each of the employees here named :
Mrs. Hurma Cowan------------------------------------- $200.00
Mrs. Etoile Creely-------------------------------------- 175.00
Mildred Merchant Grissom------------------------------ 32.00
Mrs Maude Harrison-_ --------------------------- 175.00
Lorene Johnson----------------------------------------- 250.00
Mary Price -------------------------------------------- 150.00
(c) Withdraw all recognition from, terminate all con-
tractual agreements with, and completely disestablish as a
collective bargaining agency the Employees Association
of Reed Brothers, Inc.
(d) Immediately post and keep visible on each bulletin
board and in other prominent places throughout its Tu-
pelo, 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 (e) above, and
shall take the affirmative action provided in paragraph 2
(a) through (c) above.
V. The Union withdraws, with prejudice, the allegations
of the Complaint in this proceeding with respect to Esta Lee
Mercer, Decie May Hall and Audie Harbin.
VI. The charges and complaints filed in this proceeding,
subject to the approval of the Board, are disposed of finally
by this stipulation.
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 in the case, and transferring the proceeding to the Board
1194 NATIONAL LABOR RELATIONS BOARD
for the purpose of entry of a decision and order by the Board pur-
suant to the provisions of the stipulation. On August 15, 1938, as
provided for in the stipulation, copies of the stipulation, complaint,
notice of hearing, second amended charge, and the respondent's with-
drawn answer and supplemental answer were filed with the Chief
Trial Examiner of the Board at Washington, D. C., and thereby
became 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 TJIE RESPONDENT
The respondent, a Mississippi corporation, is engaged in the manu-
facture, sale, and distribution of ladies' dresses, coveralls, dress shirts,
and other products, with its principal office and place of business at
Tupelo, Mississippi. During the year 1937, the respondent pur-
chased raw materials including cotton cloth, buttons, labels, and
shipping supplies, which amounted in value to $850,000. More than
70 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 $1,100,000, of which more than 90 per cent were shipped from the
respondent's Tupelo Plant to points outside the State of Mississippi.
We find 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 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 Reed Brothers, Inc., Tupelo, Mississippi, 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 discouraging membership in the Union, or in any other
labor organization of its employees by discharging, threatening, or
refusing to reinstate any of its employees for joining the Union, or
DECISIONS AND ORDERS 1195
any other labor organization of its employees' own choosing; and
from discouraging membership in or affiliation with the Union by
speeches, warnings, innuendo, or any other means;
(c) From in any other 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 ;
(d) From dominating or interfering with the formation or ad-
ministration of the Employees Association of Reed Brothers, Inc.,
or any other labor organization of its employees, and from con-
tributing financial or other support to the Employees Association of
Reed Brothers, Inc., or any other labor organization;
(e) From recognizing or maintaining any contractual relationship
with the Employees Association of Reed Brothers, Inc., as a collec-
tive 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. Hurma Cowan, Mrs. Etoile Creely, Mrs. Maude
Harrison, Lorene Johnson, and Mary Price immediate and full rein-
statement to their former positions without prejudice to any rights
and any privileges previously enjoyed or accruing to them;
(b) _Pay immediately the following sums of money to each of the
employees here named :
Mrs Burma Cowan------------------------------------ $200.00
Mrs Etoile Creely-------------------------------------- 175 00
Mildred Merchant Grissom------------------------ ----- 32.00
Mrs. Maude Harrison----------------------------------- 175 00
Lorene Johnson---------------------------------------- 250.00
Mary Price-------------------------------------------- 150.00
(c) Withdraw all recognition from, terminate all contractual
agreements with, and completely disestablish as a collective bargain-
ing agency the Employees Association of Reed Brothers, Inc.;
(d) 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 (e)
above, and shall take the affirmative action provided in paragraph
2 (a) through (c) above.
And it is further ordered that the complaint, in so far as it per-'
1 gins to the discharges of Esta Lee Mercer, Decie May Hall, and
Audie Harbin, be, and it hereby is, dismissed.
Mn. EDWIN S. SMITH took no part in the consideration of the
above Decision and Order.