Sanderson Knitting Mill

National Labor Relations Board - Board Decisions

Dec 16, 1940

28 N.L.R.B. 613 (N.L.R.B. 1940)

In the Matter of AUGUST A. SANDERSON, individually and doing business
under the firm name and style. Of SANDERSON KNITTING MILL and
AMERICAN FEDERATION OF HOSIERY WORKERS, AFFILIATED WITH THE
C. 1. 0.
Case No. C-1746-Decided December 16,1940'
Jurisdiction : hosiery manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Jack Davis, for the Board.
Mr. August Albert Sanderson, of Ephrata, Pa., for the respondent.
Mr. James Bamford, of Reading, Pa., for the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Federa-
tion of Hosiery Workers, affiliated with the Congress of Industrial
Organizations, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the Fourth
Region, (Philadelphia, Pennsylvania), issued its complaint dated No-
vember 9, 1940, against August A. Sanderson, individually and doing
business under the firm name and style of Sanderson Knitting Mill,
Ephrata, Pennsylvania, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices, affecting commerce, within the meaning of Section 8 (1) 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 and accom-
panying notice of hearing were duly served upon the respondent and
the Union. '
The complaint alleged in substance that (1) the respondent on
various dates between February and May 1940 terminated the em-
ployment of 11 employees, named in Appendix "A," and thereafter re-
fused to reinstate them, because they joined and assisted the Union
and engaged in collective activity for the purposes of collective bargain-
28N.L. R.B.,No.92. - ,
613
614 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
ing and other mutual aid and protection; (2) the respondent cautioned,
advised, and urged his employees to discontinue their union member-
ship and activities and threatened to close his plant if they became
union members; and (3) by these and other acts, the respondent inter-,
fered with, restrained, and coerced his employees in the exercise of
rights guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing ivas held on November 22, 1940, at
Reading, Pennsylvania, before Samuel H. Jaffee, the Trial Examiner
duly designated by the Board. The Board and the Union were repre-
sented by counsel and the respondent appeared in his own behalf. At
the commencement of the hearing, counsel for the Board introduced`
into evidence a copy of the complaint and other formal papers in the
case, and a stipulation regarding the business of the respondent, dated
November 16, 1940, and signed by the respondent and counsel for the
Board. The hearing was then recessed in order that the parties might
negotiate regarding settlement of the case. On November 27, 1940,
the respondent, the Union, and counsel for the Board entered into a
stipulation, subject to the Board's approval, in settlement of the case.
This stipulation provides as follows :
It is hereby stipulated and agreed by and between American
"Federation of Hosiery Workers, affiliated with the C. I. 0., here-
inafter referred to as the Union; August A. Sanderson, individ-
ually and doing business under the firm name and style of
Sanderson Knitting Mill, hereinafter referred to as Respondent;
and Jack Davis, Attorney for the National Labor Relations Board,
that :
1. This stipulation, together with the Board Exhibits admitted
in evidence at the hearing on November 22, 1940, to wit: the Com-
plaint Containing a Notice of Hearing, the Amended Charge,
and the Rules and Regulations of the National Labor Relations
Board, with proof of service thereof; the Designation of the Trial
Examiner; and the Stipulation on the Interstate Commerce Feat-
ures of the Respondent's Business; shall constitute the record in
this proceeding.
II. The taking of evidence or testimony before the Trial Exam-
iner in this matter, and the making of findings of fact and con-
clusions of law by the Board, pursuant to the provisions of the
National Labor Relations Act, are hereby expressly waived by
the parties hereto, and the Board's Order, as herein provided,
shall have the same force and effect as if made after a full hearing,
presentation of evidence, and the making of findings thereon.
III. The American Federation of Hosiery Workers, affiliated
with the C. I. 0., is a labor organization Nithin the meaning of
Section 2, subsection (5) of the National Labor, Relations Act.
AUGUST A. SANDERSO t 615
IV. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the record , an order may be entered
by the Board, providing as follows : -
The Respondent, August A. Sanderson, individually and doing
'business under the firm name and style of Sanderson Knitting Mill,
his supervisory employees, agents, representatives and, assigns,
shall :
1. Cease and Desist:
(a) From in any manner interfering with, restraining, or co-
ercing his employees in the exercise of their rights to self-organi-
zation , 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 bar-
gaining or other mutual aid or protection, as guaranteed in Sec-
tion 7 of the National Labor Relations Act ;
(b) From discouraging membership in the American Federation
of Hosiery Workers, affiliated with the C. I. 0., or in any other
labor organization of his employees, by discharging, laying off, or
threatening them with discharge or layoff, or in any other manner
discriminating in regard to hire or tenure of employment or any
term or condition of employment ; or by coercing, advising or urg-
ing his employees to cease activities in behalf of any -labor
organization.
2. Take the following affirmative action in order to effectuate
the purposes of the Act :
(a) Immediately offer reinstatement and, if such reinstatement
is accepted , immediately give reinstatement to the employees
listed on Appendix "A," annexed hereto and made a part hereof,
to-their and each of their former positions, or substantially equiv-
alent positions , without loss of seniority and without prejudice to
any rights and privileges previously enjoyed by them and by each
of them;
(b) Make whole each of the employees named in Appendix "A,"
annexed hereto and made a part hereof , for the loss of earnings
suffered by there and each of them , by the payment to each of
them, respectively, the sum set forth opposite each of their names
on said Appendix "A."
(c) Inform his supervisory employees , agents and'representa-
tives, that they shall not threaten employees in any manner be-
cause of their membership in any labor organization in general,
or the American Federation of Hosiery Workers, affiliated with
C. I. 0., in particular;
(d) Post immediately in conspicuous places in his plant, and
maintain posted for a period of at least sixty ( 60) consecutive days
from the-date of-posting, notices to his employees stating: ( 1) that
616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Respondent will not engage in the conduct from which he
is ordered to cease and desist in paragraphs 1 (a) and (b) of this
order; (2) that the Respondent will take the affirmative action
set forth in paragraphs 2 (a), (b), (c), (d) and (e) of this order;
(3) that the Respondent's employees are free to become or remain
members of the American Federation of Hosiery Workers, affili-
ated with the C. I. 0., or any other labor organization, and the
Respondent will not discriminate against any employee or em-
ployees because of membership in or activity in behalf of that
organization or any other such organization;
(e) Notify the Regional Director of the Fourth Region, in
writing, within ten (10) days of the date of the order of the Na-
tional Labor Relations Board, what steps have been taken to
comply therewith.
V. IT IS FURTHER STIPULATED AND AGREED that the appropriate
United States Circuit Court of Appeals may, upon application of
the National Labor Relations Board, enter a decree enforcing
the aforesaid order of the Board, the Respondent hereby expressly
waiving his right to contest the entry of such decree in the ap-
propriate United States Circuit Court of Appeals, 'and further
expressly waiving-his right to receive notice of the filing by the
National Labor Relations Board of an application for the entry
of such a decree.
VI. IT IS-FURTHER STIPULATED AND AGREED that the employees
named in Appendix "A," attached hereto and made a part hereof,
shall be paid the sums set forth opposite their names within ten
(10) days of the date of this stipulation.
VII. This stipulation contains the entire agreement of the
parties, and there is no verbal agreement of any kind which varies,
alters, or modifies this stipulation.
VIII. This stipulation is subject to the approval of the National
Labor Relations Board.
On December 7, 1940, the Board issued an order approving the
above stipulation, making it a part of the record, and pursuant to
Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the case to and con-
tinuing it before the Board for the purpose of entry of a decision
-and order by the Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
The respondent, August A. Sanderson, is an individual doinglbusi-
ness under the firm name and style of Sanderson Knitting Mill. He
AUGUST A. SANDERSON 617
is engaged in the manufacture, processing, sale, and distribution of
ladies' hosiery and kindred products at a plant located in Ephrata,
Pennsylvania. The principal raw materials used by the respondent
in his manufacturing and processing operations are unfinished ladies'
hosiery, dyes, and silk and cotton yarn, valued annually at approxi-
mately $150,000. Fifty per cent of these materials are shipped to the
respondent's plant from sources outside Pennsylvania. The respond-
ent manufactures and processes annually approximately 55,000 dozen
stockings, of which 50 per cent in dollar value and 55 per cent in
-volume are shipped by the respondent to points outside Pennsylvania.
The respondent's annual sales and revenue from his operations amount
to about $150,000. The respondent admits that he is engaged in inter-
state commerce within the meaning of the Act.
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, the 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 the Respondent, August A. Sanderson, individu-
ally, and doing business under the firm name and style of Sanderson
Knitting Mill, his supervisory employees, agents, representatives and
assigns, shall : ,
1. Cease and Desist :
(a) From in any manner interfering with, restraining, or coercing
his 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, ac-
tivities for the purpose 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 American Federation of
Hosiery Workers, affiliated with the C. I. 0., or in any other labor
organization of his employees, by discharging, laying off, or threaten-
ing them with discharge or layoff, or in any other manner discriminat-
ing in regard to hire or tenure of employment or any term or condition
of employment; or by coercing, advising or urging his employees to
cease activities in behalf of any labor organization.
2. Take the following affirmative action in order to effectuate the
purposes of the Act :
(a) Immediately offer reinstatement and, if such reinstatement is
"accepted;, immediately give reinstatement -to • then employees" listed-' on
618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Appendix "A," annexed hereto and made a part hereof, to their and
each of their former positions, or substantially equivalent positions,
without loss of seniority and without prejudice to any rights and
privileges previously enjoyed by them and by each of them;
(b) Make whole each of the employees named in Appendix "A,"
annexed hereto and made a part hereof, for the loss of earnings suffered
by them and each of them, by the payment to each of them, respectively,
the sum set forth opposite each of their names on said Appendix "A;"
(c) Inform his supervisory employees, agents and representatives,
that they shall not threaten employees in any manner because of their
membership in any labor organization in general, or the American
Federation of Hosiery Workers' affiliated with the C. I. 0., in
particular ;
(d) Post immediately in conspicuous places in his plant, and main-
tain posted for a period of at least sixty (60) consecutive days from
the date of posting, notices to his employees stating : (1) that the
Respondent will not engage in the conduct from which he is ordered
to cease and desist in paragraphs 1 (a) and (b) of this order; (2) that
the Respondent will take the affirmative action set forth in paragraphs
2 (a), (b), (c), (d) and (e) of this order; (3) that the Respondent's
employees are free to become or remain members of the American
Federation of Hosiery Workers, affiliated with the C. I. 0., or any
other labor organization, and the Respondent will not discriminate
against any employee or employees because of membership in or activ-
ity in behalf of that organization or any other such organization;'
(e) Notify the Regional Director of the Fourth Region, in writing,
within ten (10) days of the date of the order of the National Labor
Relations Board, what steps have been taken to comply therewith.
APPENDIX "A"
Charlotte Ann Peffiey_________ $60. 00 Edna Keffer ----------------- $125. 26
Fred Ailiff___________________ $234.60 Frank Radka---------------- $358.94
Hilda Ailiff__________________ $124.82 Jay Hoover ------------------ $409.62
Elmer Davis----------------- $243.02 Warren Hauck --------------- $72..30
Anna Suklje_________________ $223. 25 Robert Rothwell ------------- $131. 12
Susan McCloskey_____________ $17.07