Tupelo Garment Co.

National Labor Relations Board - Board Decisions

Sep 20, 1938

8 N.L.R.B. 1181 (N.L.R.B. 1938)

In the Matter of TUPELO GARMENT COMPANY and INTERNATIONAL
LADIES' GARMENT WORKERS UNION, LOCAL No. 322
Case No. C-802.-Decided September 20, 1938
Shirt Manufacturing Ind itstmy-Settlement : stipulation providing for dises-
tablishment of company -dominated unions, payment of back pay to employees
discharged , and reinstatement of employees when plants reopen-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. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
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 a complaint dated July 18, 1938, against Tupelo
Garment Company, 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 on
the respondent and the Union.
Concerning the unfair labor practices, the complaint, in substance,
alleged that the respondent dominated and interfered with the forma-
tion and administration of labor organizations among its employees
at its plants at Tupelo, Booneville, New Albany, Baldwyn, and Ful-
ton, Mississippi, known as Employees Association of Tupelo Garment
Company of Tupelo, Mississippi; Employees Association of Tupelo
Garment Company of New Albany, Mississippi; Employees Asso-
ciation of Tupelo Garment Company of Booneville , Mississippi;
8 N. L. R. B., No. 145 -
1181
1182 NATIONAL LABOR RELATIONS BOARD
Employees Association of Tupelo Garment Company at Fulton, Mis-
sissippi; Employees Association of Tupelo Garment Company at
Baldwyn, Mississippi, respectively; that the respondent terminated
the employment of and refused to reinstate 16 named employees
because they joined and assisted the Union; and that the respondent,
by the above-described acts and by permitting the circulation of anti-
union literature among its employees at its respective plants, by
spying on union meetings, by speeches, warnings and threats of
reprisals against those, employees 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 o l Milam Manufacturing Company and International
Ladies' Garment Workers Union, Local No. 322 and Matter of Reed
Brothers,.Inc. 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 allegations concerning the unfair labor
practices.
Pursuant to notice, hearings were held at Aberdeen, Mississippi,
on August 8, 9, and 10, 1938, before I. L. Broadwin, the Trial Ex-
aminer duly designated by the Board. The Board, the Union, and
the respondent were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues was
afforded all parties. During the hearing on August 8, 1938, 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 above-mentioned cases. The Trial Examiner reserved his decision
on the motions. Thereafter, the Trial Examiner granted the motion
made by the counsel for the Board to dismiss the complaint in so far
as it related to the case of Mary L. Lambert and Vercie Estes. The
Trial Examiner's ruling is hereby affirmed by the Board.
On August 9, 1938, respondent, the Union, and counsel for the
Board entered into a stipulation in which, inter alia, respondent with-
drew its answer, its supplemental answer, and all motions made and
filed by it in the proceeding, 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 this stipulation was received in evi-
dence by the Trial Examiner without objection. This stipulation
provides as follows :
It is hereby stipulated by and between the Tupelo Garment
Company, respondent herein, and the International Ladies' Gar-
DECTSIONS AND ORDERS 1183
ment Workers' 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 irithdraws its answer and all sup-
plements thereto and all motions heretofore made and filed in
this proceeding, and admits, subject to Section I (B) of this
stipulation, the allegations of Paragraphs 1 to 5, inclusive, of
the complaint herein and in connection therewith admits that
its business is subject to the jurisdiction of the National Labor
Relations Board.
(B) The respondent on July 21, 1938, as shown by the reso-
lution attached hereto as appendix "A"' and made a part
hereof, was ordered by its share -holders to discontinue manu-
facturing operations , to reduce its assets to cash, and to liqui-
date its affairs by sale of all of its physical properties , includ-
ing its plants in Tupelo, New Albany, Booneville, Fulton, and
Baldwyn , Mississippi . The reason governing this decision of
the share -holders on July 21 , 1938, above described , is this :
For several months orders for respondent 's manufactured prod-
ucts have declined appreciably. In the past two or three
months the failure of respondent to obtain sufficient business
to maintain a profit became alarming. As a result, it was de-
termined by the share-holders to withdraw their investments
in the business of the respondent . It is specifically agreed that
this stipulation shall in every respect apply to any successor or
successors, receivers , trustees , and any other legal representa-
tives of the respondent.
II. This Stipulation, the Complaint, with Notice of Hear-
ing, 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
Washington, 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
1 Appendix "A" is not annexed to the original stipulation
1184 NATIONAL LABOR RELATIONS BOARD
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 Na-
tional Labor Relations Act;
(b) From discouraging membership in the Union, or
in any other labor organization of its employees by dis-
charging, threatening , or refusing to reinstate any of its
employees for joining the Union , or any other labor organ-
ization of its employees ' own choosing; and from dis-
couraging 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
organization of its employees ' own choosing;
(d) From dominating or interfering with the forma-
tion or administration of the Employees Association of
Tupelo Garment Company at Tupelo, Mississippi; Em-
ployees Association of Tupelo Garment Company at
New Albany , Mississippi; Employees Association of
Tupelo Garment Company at Booneville , Mississippi;
Employees Association of Tupelo Garment Company at
Felton, Mississippi; Employees Association of Tupelo
Garment Company at Baldwyn , Mississippi , or any other
labor organization of its employees at any of the above
named cities , and from contributing financial or other
support to the Employees Association of Tupelo Garment
Company at Tupelo, Mississippi ; Employees Association
of Tupelo Garment Company of New Albany, Mississippi;
Employees Association of Tupelo Garment Company at
Booneville , Mississippi ; Employees Association of Tupelo
Garment Company at Fulton, Mississippi ; Employees
Association of Tupelo Garment Company at Baldwyn,
Mississippi ;
(e) From recognizing , or maintaining any contractual
relationship with the Employees Association of Tupelo
Garment Company at Tupelo, Mississippi ; Employees
P
DECISIONS AND ORDERS 1185
Association of Tupelo Garment Company at New Albany,
Mississippi ; Employees Association of Tupelo Garment
Company at Booneville, Mississippi; Employees Associa-
tion of Tupelo Garment Company at Fulton , Mississippi;
Employees Association of Tupelo Garment Company at
Baldwyn, Mississippi , as collective bargaining agencies for
its employees in respect to rates of pay, wages , hours of
employment, and other conditions of employment.
2. Respondent shall take the following affirmative action
to effectuate the policies of the National Labor Relations
Act :
(a) Pay immediately the following sums of money to
each of the employees here named :
Mrs. Erie Brown --------------------------------------- $150.00
Bessie Clanton----------------------------------------- 130 00
Mary Alice Ganibrell------------------------------------ 135 00
Mrs. Mildred Clayton Gillentine________________________ 35.00
Louise Graves Repult-------- --------------------------- 1 30 00
Mrs. Faye Harris-------------------------------------- 100.00
Essie Kirkland----------------------------------------- 140.00
Mrs. Virginia Lander s---------------------------------- 110.00
Mrs. Moden Speck-------------------------------------- 130.00
Lenora Stevens----------------------------------------- 150.00
Mrs. Annie Tackett------------------------------------- 100.00
Mrs. Sudie Wheeler------------------------------------- 100 00
Levie Lesles___________________________________________ 100.00
Dirs. Christene McGuff---------------------------------- 100.00
(b) Withdraw all recognition from, terminate all con-
tractual agreements with, and completely disestablish as
collective bargaining agencies each and all of the follow-
ing: Employees Association of Tupelo Garment Company,
of Tupelo, Mississippi ; Employees Association of Tupelo
Garment Company of New Albany , Mississippi ; Employ-
ees Association of Tupelo Garment Company of Booneville,
Mississippi ; Employees Association of Tupelo Garment
Company at Fulton, Mississippi; Employees Association
of Tupelo Garment Company at Baldwyn , Mississippi;
3. Should the respondent or its successor or successors,
receivers , trustees , or other legal representatives resume or
begin operations at any of respondent 's plants in Tupelo,
New Albany, Booneville, Fulton or Baldwyn, Mississippi,
it or they shall take the following additional affirmative
action to effectuate the policies of the National Labor Rela-
tions Act:
(a) Offer to each of the employees named in paragraph
2 (a) above immediate and frill reinstatement or employ-
1186 NATIONAL LABOR RELATIONS BOARD
ment to their former or substantially equivalent positions
without prejudice to any right and any privileges previ-
ously enjoyed or accruing to them.
(b) Immediately post and keep visible on each bulletin
board and in other prominent places throughout the plant
or plants where operations are so resumed or begun, for a
period of thirty (30) days, notices that the respondent, its
successor or successors, receivers, trustees, or other legal
representatives shall cease and desist as provided in para-
graph 1 (a) through (e) above, and shall take the affirma-
tive action provided in paragraph 2 (a) through (b)
above, or that it has, in compliance with this stipulation,
already taken the affirmative action provided in paragraph
2 (a) through (b) above, and shall take the additional
affirmative action provided in paragraph 3 (a) above.
IV. 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 of the case, and transferring the proceeding to the Board
for the purpose of entry of a decision and order by the Board, pur-
suant to the provisions in the stipulation. On August 15, 1938, as
provided for in the stipulation, copies of the stipulation, complaint,
notice of hearing, second amended charge, and 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
1. THE BUSINESS OF TIIE RESPONDENT
The respondent, a Mississippi corporation, is engaged in the man-
ufacture of men's work shirts and other garments, with its principal
office and place of business at Tupelo, Mississippi, where it has two
plants. It also has similar plants at New Albany, Booneville, I'ulton
and Baldwyn, Mississippi. During the year 1937, the respondent
used raw materials consisting of cotton, cloth, buttons, labels, and
shipping supplies which had a total cost of $900,000. More than 90
per cent of these materials were shipped to its plants at Tupelo, New
Albany, Booneville, Fulton, and Baldwyn, Mississippi, from points
outside the State of Mississippi. During the same year, the respond-
DECISIONS AND ORDERS 1187
ent produced and sold more than 600,000 men's shirts valued at more
than $1 ,700,000. More than 90 per cent of these finished products
were shipped from its various plants to points outside the State of
Mississippi.
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, stipulation , and the
entire record in the case , and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that Tupelo Garment Company, 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,
loin, 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) 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 any other
labor organization of its employees own choosing ; and from discour-
aging membership in or affiliation with the Union by speeches, warn-
ings, innuendo , or any other means;
(c) In any other manner discriminating against any of its em-
ployees 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 admin-
istration of the Employees Association of Tupelo Garment Com-
pany at Tupelo , Mississippi ; Employees Association of Tupelo Gar-
ment Company at New Albany , Mississippi ; Employees Association
of Tupelo Garment Company at Booneville, Mississippi ; Employees
Association of Tupelo Garment Company at Fulton, Mississippi;
Employees Association of Tupelo Garment Company at Baldwyn,
Mississippi , or any other labor organization of its employees at any
of the above -named cities , and from contributing financial or other
support to the Employees Association of Tupelo Garment Company
of Tupelo , Mississippi ; Employees Association of Tupelo Garment
Company of New Albany , Mississippi ; Employees Association of
Tupelo Garment Company at Booneville , Mississippi; Employees
Association of Tupelo Garment Company at Fulton , Mississippi;
11 7213-39-vol. 8-76
1188 NATIONAL LABOR RELATIONS BOARD
Employees Association of Tupelo Garment Company at Baldwyn,
Mississippi ;
(e) From recognizing or maintaining any contractual relationship
with the Employees Association of Tupelo Garment Company at
Tupelo, Mississippi; Employees Association of Tupelo Garment Com-
pany at New Albany, Mississippi; Employees Association of Tupelo
Garment Company at Booneville, Mississippi ; Employees Associa-
tion of Tupelo Garment Company at Fulton, Mississippi; Employees
Association of Tupelo Garment Company at Baldwyn, Mississippi, as
collective bargaining agencies for its employees in respect to rates of
pay, wages, hours of employment, and other conditions of employ-
ment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Pay immediately the following sums of money to each of the
employees here named :
Mrs. Evie Brown--------------------------------------- $150.00
Bessie Clanton------------------------------------------ 130.00
Mary Alice Gainbrell------------------------------------ 135 00
Mrs Mildred Clayton Gillentine-------------------------- 35.00
Louise Graves Repult----------------------------------- 130 00
Mrs. Faye Harris--------------------------------------- 100 00
Essie Kirkland------------------------------------------ 140.00
Mrs. Virginia Landers----------------------------------- 110.00
Mrs. Moden Speck--------------------------------------- 130.00
Lenora Stevens ----------------------------------------- 150.00
Mrs. Annie Tackett------------------------------------- 100.00
Mrs. Sudie Wheeler------------------------------------- 100.00
Lei-le Lesley-------------------------------------------- 100.00
Mrs. Christene McGuff---------------------------------- 100.00
(b) Withdraw all recognition from, terminate all contractual
agreements with, and completely disestablish as collective bargaining
agencies each and all of the following : Employees Association of
Tupelo Garment Company, of Tupelo, Mississippi; Employees Asso-
ciation ,of Tupelo Garment Company of New Albany, Mississippi ;
Employees Association of Tupelo Garment Company of Booneville,
Mississippi; Employees Association of Tupelo Garment Company at
Fulton, Mississippi; Employees Association of 'Tupelo Garment
Company at Baldwyn, Mississippi;
3. Should the respondent or its successor or successors, receivers,
trustees, or other legal representatives resume or ibegin operations at
any of the respondent's plants in Tupelo, New Albany, Booneville,
Fulton, or Baldwyn, Mississippi, it or they shall take the following
additional affirmative action to effectuate the policies of the National
Labor Relations Act :
DECISIONS AND ORDERS 1189
(a) Offer to each of the employees named in paragraph 2 (a) above
immediate and full reinstatement or employment to their former or
substantially equivalent positions without prejudice to any right and
any privileges previously enjoyed or accruing to them;
(b) Immediately post and keep visible on each bulletin board and
in other prominent places throughout the plant or plants where oper-
ations are so resumed or begun, for a period of thirty (30) days,
notices that the respondent, its successor or successors, receivers, trus-
tees, or other legal representatives 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 (b) above, or that it has,
in compliance with this stipulation, already taken the affirmative
action provided in paragraph 2 (a) through (b) above, and shall
take the additional affirmative action provided in paragraph 3 (a)
above.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Order.