Strasburg Silk Mills, Inc.

National Labor Relations Board - Board Decisions

Apr 13, 1942

40 N.L.R.B. 466 (N.L.R.B. 1942)

In the Matter of STRASBURG SILK MILLS , INC. and UNITED TExTiLE
WORKERS OF AMERICA (AFL)
Case No. C-2144.-Decided April 13,1942
Jurisdiction : rayon-yarn manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: enteled on stipulation.
Mr. Albert P. Wheatley, for the Board.
Mr. Charles Platt, of Strasburg, Va., for the respondent.
Mr. J. R. Miller, of Harrisonburg, Va., for the Union.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the United Textile
Workers of America, affiliated with the American Federation of Labor,
herein called the Union, the National Labor Relations Board, herein
called the Board, by 'the Regional Director for the Fifth Region
(Baltimore, Maryland),' issued its complaint dated March 3, 1942,
against Strasburg Silk Mills; Inc., herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce within the meaning of Section 8 (1),
(3), and (4) and Section 2 (6) and (7) of the Act. Copies of the
complaint and accompanying notice of hearing were duly served upon
the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in sub-
stance : (1) that the' respondent on or about June 25, 1941, discharged
Irvin Forsyth, an employee of the respondent, and thereafter refused
to reinstate him, because the aforesaid employee joined and assisted
the Union and engaged in concerted activities with other employees for
the purposes of collective bargaining and other mutual aid and pro-
tection; (2) the respondent on or about July 16, 1941, and at all times
thereafter refused to reinstate said Irvin Forsyth for the additional
40 N. L. R. B., No 80.
466
- S PRASBURG SILK'- MILLS-, INC. 467
reason that the said Irvin Forsyth filed or caused to be filed charges
under the Act; (3) the respondent from about June 1941, down to and
including the date of issuance of the complaint interfered with, re-
strained, and coerced its employees in the exercise of the rights guaran-
teed them in Section 7 of the Act, in that it kept under surveillance
the union meetings and meeting places of its employees and questioned
its employees concerning their union activities, stated to its employees,
in substance and in effect, that there would be a lot of trouble if the
Union organized its employees and threatened 'to, close down its plant
if the Union organized its employees, and further made disparaging
and derogatory remarks about the Union and its members; and (4) by
the conduct described in (1), .(2), and (3) above, the respondent dis-
criminated in regard to hire and tenure of employment of said Irvin
Forsyth, and engaged in unfair labor practices within the meaning of
Section 3' (3) and (4) of the Act, and by all the aforesaid conduct the
respondent interfered with, restrained, and coerced its said employees
in the exercise of the rights guaranteed them in Section 7 of said Act,
and thereby engaged in an unfair labor practice within the meaning
of Section 8 (1) of the Act.
Thereafter the respondent on March 11, 1942, filed an answer in
which it admitted certain allegations of the complaint regarding the
nature and scope of its business, but denied the commission of unfair
labor practices.
Prior to the hearing of the respondent, the Union, and counsel for
the Board entered into a stipulation, subject to the approval of the
Board, proposing settlement of the case. The stipulation provides as
follows :
It is hereby stipulated and agreed by and among Strasburg
Silk Mills, Inc., United Textile Workers of America and Albert
P, Wheatley, Attorney, National Labor Relations Board, Fifth
Region :
1. That the Strasburg Silk Mills, Inc., hereinafter, called the
Respondent, is a Virginia corporation, having its principal office
and place of business in Strasburg, Virginia, where it engages in
the manufacture and distribution of rayon yarn.
2. That in the course and conduct of the aforementioned busi-
ness -the Respondent uses the following materials and products :
Rayon.'
3. That during the calendar year 1941 Respondent used in
'excess of 200,000 pounds of materials and products mentioned
above and that in excess of 95% of such products were received
by the Respondent at its place of business in Strasburg, Virginia,
from States of the United States other than the State of Virginia.
4. That during the calendar year 1941 the Respondent manu-
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
factured and distributed in excess of one million yard's of rayon
yarns and that all of such yarns were supplied, delivered, and/or
transported from Respondent's place of business in Strasburg,
Virginia, to, into, and through States of the United States other
than the State of Virginia.
5. That the Respondent ordinarily employs a total of approxi-
mately 62 employees.
6. That the respondent admits that it is engaged in Interstate
Commerce within the meaning of the National Labor Relations
Act.
7. That the Respondent, and the union hereby waive their right
to a hearing in this cause and all further or other procedure
provided by the National Labor Relations Act and the Rules and
Regulations of the National Labor Relations Board, including
the makings of findings of fact and conclusions of law.
8. That the following papers may be introduced into the record
in this proceeding by filing them with the Chief Trial Examiner
of the National Labor Relations Board in Washington, D. C.,
and when said papers have been so filed they shall constitute the
entire record herein.
(1) This Stipulation.
(2) The Complaint heretofore, issued herein on January
22, 1942.1
(3) The Amended Charge filed herein on December 20,
1941.2
(4) The Notice of Hearing heretofore issued herein on
January 22, 1942.3
(5) The Affidavit as to Service of the aforesaid copy of
Complaint and Notice of Hearing.
(6) The Rules and Regulations of the National Labor
Relations Board, Series 2, as amended.
(7) The Answer of the Respondent.
9. That the Union is a labor organization within the meaning,
of Section 2, subsection (5) of the National Labor Relations Act.
10. That this Stipulation shall not be considered as an admis-
sion that the Respondent, or its agents, have engaged in or are
'The designation here of "January 22, 1942" is erroneous The correct designation is
"March 3, 1942 "
2 The designation here of "December 20, 1942" is erroneous The correct designation is
'September 30, 1941."
2 The designation here of "January 22, 1942" is erroneous The correct designation is
"March 3 , 1942" By supplemental stipulation entered into between the`respondent and
an attorney for the Board on April 3, filed with the Beaid on April 4, and approved by the
Board on April 9, 1942, the original stipulation was corrected in accordance with footnotes
1, 2, and 3 herein
STRAS!B'URG SILK MILLS, INC. 469
engaging in,the unfair labor practices alleged in the Complaint
heretofore issued in this matter, and the Respondent expressly
denies that it or its agents have engaged in such unfair labor
practices.
11. That on the,basis of this Stipulation and the record herein,
as described above in paragraph 8, the National Labor Relations
Board may forthwith, or at any future time, issue an order in
the following form in the above-entitled matter :
ORDER
Upon the record herein, including a Stipulation dated March
19th, 1942, the National Labor Relations Board hereby orders
that the Respondent, Strasburg Silk Mills, Inc., and its officers,
agents, successors and assigns at Strasburg, Virginia :
(1) Shall not-
(a) In any manner interfere with, restrain or coerce its
employees in the exercise of the right of self-organization by
keeping under surveillance the union meetings and meeting
places of its employees; by questioning its employees con-
cerning their union activities; by stating to its employees, in
substance and effect, that there will be a lot of trouble if the
Union organizes its employees, and by making disparaging
and derogatory remarks about the Union and its members.
(b) In any manner discourage membership in United Tex-
tile Workers of America (AFL). or any other labor organi-
zation of its employees, by discriminating in regard to their
hire or tenure of employment because of their membership
in or activities in behalf of any such labor organization.
(c) In any manner discriminating- against an employee
because he has filed charges or given testimony under this
Act.
(d) In any other manner interfere with, restrain or coerce
their 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 or protection, as
guaranteed in Section 7 of the National Labor Relations Act.
(2) Shall take the following affirmative action to effectuate
the policies of the National Labor Relations Act :
(a) Offer to Irvin Forsyth immediate and full reinstate-
ment to the same position which he held immediately prior
to June' 25, 1941, without prejudice to his seniority or other
rights and privileges.
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Make whole Irvin Forsyth for any loss which he has
suffered by reason of their (sic) discharge, by paying him the
sum of $75.00.
(c) Post immediately in conspicuous places throughout
its places of business in Strasburg, Virginia, and maintain
for it period of at least sixty (60) consecutive days, copies of
the Notice attached hereto, marked Exhibit "A" 4
(d) Notify the Regional Director for the National Labor
Relations Board, Fifth Region, within ten (10) days from
the date of this Order what steps Respondent has taken to
comply herewith.
12. That the parties hereto hereby consent to the entry by the
United States Circuit Court of Appeals for the appropriate cir-
cuit, upon application by the National Labor Relations Board, of
a consent decree enforcing an order of the Board in the -form
herein above set forth and hereby waive further notice of the
application for such decree.
13. That the entire agreement among the parties hereto is con-
tained within the terms of this Stipulation and there is no verbal
agreement of any kind which varies, alters, or adds to this Stipu-
lation.
14. That it is understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall become effective immediately upon the granting of such
approval.
On March 25, 1942, 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 Regula-
tions-Series 2, as amended, transferring the case to and continuing
it before the Board for the purpose of entry of a decision and order by
the Board pursuant to the provisions of the said stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Strasburg Silk Mills, Inc., is a Virginia corpora-
tion, having its principal office and place of business in Strasburg,
Virginia, where it engages in the manufacture and distribution of
rayon yarn. During the calendar year 1941, the respondent used in
I The notice is set forth as Appendix A to this Decision and Order.
STRASBTJRG SILK MILLS,, INC. 47;b
excess of 200,000 pounds of rayon and in excess of 95 percent of such
rayon was received by the respondent at its place of business in Stras-
burg, Virginia, from States of the United States other than the State
of Virginia. During the calendar year 1941 the respondent manufac-
tured and distributed in excess of 1,000,000 yards of rayon yarns and
.all of such yarns were supplied, delivered, and/or transported from
the respondent's place of business in Strasburg, Virginia, to, into, and
through States of the United States other'than the State of Virginia.
For the purpose of this proceeding the respondent stipulated that
it is engaged in interstate commerce within the meaning of the National
Labor Relations 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, Strasburg Silk Mills, Inc., at Strasburg,
Virginia, and its respective officers, agents, successors, and assigns :
(1) Shall not:
(a) In any manner interfere with, restrain, or coerce its employees
in the exercise of the right of self-organization by keeping under sur-
veillance the union meetings and meeting places of its employees; by
questioning its employees concerning their union activities; by stating
to its employees, in substance and effect, that there will be -a lot of
trouble if the Union organizes its employees,, and by making disparag-
ing and derogatory remarks about the Union and its members;
(b) In any manner discourage membership in United Textile Work-
ers of America (AFL), or any other labor organization of its employ-
ees, by discriminating in regard to their hire or tenure of employment
because of their membership in or activities in behalf of any such labor
organization ;
(c) In any manner discriminating against an employee because
lie has filed charges or given testimony under this Act;
(d) In any other manner interfere with, restrain, or coerce.their
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
or protection, as guaranteed in Section 7 of the National Labor Re-
lations Act.
(2) Shall take the following affirmative action to effectuate the pol-
icies of the National Labor Relations Act:
472 DECISIONS OF NATIONAL LABOR ' RELATIONS BOARD
(a) Offer to Irvin Forsyth immediate and full reinstatement to the
same position which he held immediately prior to June 25, 1941, with-
out prejudice to his seniority or other rights and privileges;
(b) Make whole Irvin Forsyth for any loss which he has suffered
by reason of his discharge, by paying him the sum of $75.00;
(c) Post immediately in conspicuous places throughout its places
of business in Strasburg , Virginia , and maintain for a period of at
least sixty ( 60) consecutive days, copies of the notice identical with
the form of the notice set forth in Appendix A of this Decision and
Order;
(d) Notify the Regional Director for the National Labor Relations
Board, Fifth Region , within ten ( 10) days from the date of this Order
what steps Respondent has taken to comply herewith.
APPENDIX A,
STRASBURG SILK MILLS, INC.
STRASBURG, VIRGINIA
NOTICE
The Strasburg Silk Mills . Inc., recognizing the right of its employees
to self-organization , to form, join or assist labor organizations , to bar-
gain collectively through representatives of their own chosing and to
engage in concerted activities for the purpose of collective bargaining
or other mutual aid or protection , as guaranteed in Section 7 of the
National Labor Relations Act, states that it, and its officers and agents
1. will not in any manner interfere with, restrain , or coerce its
employees in the exercise of the above rights ;
2. will not discourage membership in the United Textile Workers
of America ( AFL), or in any other labor organization of its employees
by discharging or threatening to discharge any of its employees for
joining or assisting any such labor organization;
3. will not in any manner discriminate against any of its employees
in regard to hire or tenure of employment or any term or condition
of employment , for joining or assisting the United Textile Workers
of America ( AFL), or any other labor organization of its employees;
4. will not in any manner discriminate against an employee because
he has filed charges or given testimony under the National Labor
Relations Act.
This notice shall be posted on or about _----------- and shall remain
posted for a period of at least sixty ( 60) consecutive days from the date
of posting.
STRASBURG SILK MILLS INC.,
By ,
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