Volney Felt Mills, Inc.

National Labor Relations Board - Board Decisions

Nov 25, 1941

36 N.L.R.B. 1246 (N.L.R.B. 1941)

In the Matter of VOLNEY FELT MILLS, INC. and INTERNATIONAL
BROTHERHOOD OF PAPER MAKERS, LOCAL 414, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. C-1787.-Decided November 25, 1941
Jurisdiction : roofing felt and kraft-paper wrapper manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
iVr. Isaiah S. Dorfman and Mr. Stephen M. Reynolds, for the
Board.
Lederer, Livingston, Kahn cC Adsit, by Mr. Harry H. Kahn and
Mr. Archie H. Siegel, of Chicago, Ill., for the respondent.
Mr. Luther E. Janney, of Wyoming, Ohio, and Mr. Roy H. Young,
of Mishawaka, Ind., for the Union.
Mr. Harry Cooper, of counsel- to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Brotherhood of Paper Makers, Local 414, affiliated with the American
Federation of Labor, herein called the Union, the National Labor
Relations Board, herein called the Board, by its Regional Director
for the Thirteenth Region (Chicago, Illinois), issued its complaint
dated October 19, 1940, against Volney Felt Mills, Inc., Chicago,
Illinois, 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) and (3), and Saction
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the complaint accompanied by notices
of hearing were duly served upon the parties.
With respect to the unfair labor practices, the complaint alleged
in substance: (1) that the respondent, at its plant at Mishawaka,
Indiana, on or about March 22, 1940, discharged 5 named employees
and at all times since has refused to rehire them because "they and
36 N L R B., No. 251
1246
VOLNEY FELT MILLS, INC. 1247
each of them had shown an interest in the Union and had assisted
the Union and engaged in concerted activities with other employees
for the purposes of collective bargaining and other mutual aid and
protection"; (2) that the respondent on or about April 22, 1940, locked
out and discharged 20 named employees and at all times since has
refused to employ them because "they and each of them had joined
the Union and/or had shown an interest in the Union and/or had
engaged in concerted activities with other employees in the plant
for the purposes of collective bargaining and other mutual aid and
protection"; (3) that the respondent from June 1939 to the date of
the complaint advised, urged, and warned its employees to refrain
from joining or retaining membership in the Union or any other
labor organization; (4) that the respondent questioned its employees
as to union membership and activities, solicited employees to spy
and inform upon other employees who were members of or active
in behalf of the Union, threatened to discharge Richard Fulper, an
employee, if a union meeting should be held in his house, solicited
the aid of union members to destroy the Union, and threatened to
close down the plant and lock out or discharged all employees if they
should join the Union; and (5) that the respondent by the foregoing
and other acts interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
On October 31, 1940, the respondent filed its answer denying the
alleged unfair labor practices. -
Pursuant to notice, a hearing was held in Mishawaka, Indiana, from
November 8 to 20, 1940, inclusive, before William R. Ringer, the
Trial Examiner duly designated by the Chief Trial Examiner. At
the hearing all parties were afforded full opportunity to participate,
to call, examine and cross-examine witnesses, and to introduce
evidence bearing on the issues.
On January 16, 1941, the Trial Examiner issued his Intermediate
Report, copies of which were duly served upon the parties. He found
that the respondent had engaged in unfair labor practices within the
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
Act, and recommended that the respondent cease and desist from such
practices and take certain affirmative action. On February 12, 1941, the
respondent filed its exceptions to said Intermediate Report. On Oc-
tober 7,.1941, the respondent filed a motion to reopen the record.
On October 15, 1941, the respondent, the Union, and attorneys for
the Board entered into a stipulation in settlement of the allegations
of the complaint. The stipulation provides as follows
IT IS HEREBY STIPULATED AND AGREED by and
between Volney Felt Mills, Inc., hereinafter called respondent,
International Brotherhood of Paper Makers, Local, 414, affiliated
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the American Federation of Labor, hereinafter called the
union, and Isaiah S. Dorfman and Stephen M. Reynolds, Attor-
neys, National Labor Relations Board, Region 13, that :
1. Upon a third amended charge duly filed by the union
through Roy E. Young as accredited agent and representative
of the union for this purpose, the National Labor Relations
Board, hereinafter called the Board, by G. L. Patterson, Re-
gional Director of the Thirteenth Region, acting pursuant to
authority granted in Section 10(b) of the National Labor
Relations Act, 49 Stat. 449, hereinafter called the Act, and
pursuant to Article II, Section V and Article IV, Section 1 of
the Board Rules and Regulations, Series 2, as amended, duly
issued a Complaint and Notice of Hearing thereon, on October
19, 1940 against respondent. The Complaint and Notice of
Hearing thereon, the third amended charge and a copy of the
Board Rules and Regulations, Series 2, as amended, were duly
served upon respondent and the union. Respondent thereafter
on October 31, 1940' filed its answer and pursuant to notice a
hearing was held in Mishawaka, Indiana, from November 8,
1940 to November 20, 1940, both dates inclusive before William
R. Ringer, the Trial Examiner, duly designated by the Chief
Trial Examiner of the Board. At the hearing all parties were
afforded full opportunity to participate and to call, examine
and cross-examine witnesses and to introduce evidence bearing
on the issues. On January 16, 1941, the Trial Examiner issued
his Intermediate Report in which certain findings and recom-
mendations were made to which exceptions were duly filed by
respondent on or about February 11, 1941.
2. This Stipulation and Agreement, together with the third
amended charge, complaint and notice of hearing, affidavit of
service of complaint and notice of hearing, answer of respond-
ent, order designating the Trial Examiner, Intermediate Re-
port of the Trial Examiner and respondent's exceptions thereto
shall constitute the entire record in the proceedings herein.
3. All parties hereto waive the making of Findings of Fact
and Conclusions of Law by the Board herein and, to any other
or further procedure before the Board.
4. Respondent is now and has been since 1935, a corporation
organized under and existing by virtue of the laws of the State
of Delaware. having its principal office in the City of Chicago,
County of Cook and State of Illinois.
Respondent is engaged at a place of business in Mishawaka,
Indiahia, 'hereinafter called the plant, in the manufacture,
sale and distribution, principally, of roofing felt and kraft
VOLNEY FELT MILLS, INC. 1249
paper wrappers. It is engaged in similar business and opera-
tions in Fulton, New York and Compton, California. Respond-
ent in the course and conduct of its business and in the opera-
tion of the plant caused, and has continuously caused, large
quantities of raw materials consisting of paper, rags, jute, cot-
ton, sawdust and other materials to be purchased and trans-
ported in interstate commerce from and through States of the
United States other than the State of Indiana, to the plant
in the. State of Indiana, and caused, and has continuously
caused, large quantities of the finished and semi-finished prod-
ucts manufactured at the plant to be sold and transported to
States of the United States other than the State of Indiana.
For the fiscal year ending November 1, 1939, the sales of prod-
ucts manufactured at the plant amounted to approximately
$262,500, of which about 95% in value consisted of shipments
from the plant to points outside the State of Indiana. Respond-
ent admits that its operations affect commerce within the mean-
ing of Section 2 (7) of the Act.
5. The union is a labor organization within the meaning of
Section 2,, Sub-division (5) of the Act.
6. Upon the basis of the record as set forth in paragraph 2
Herein, an order may forthwith be entered by the Board
providing as follows :
Volney Felt Mills, Inc., its officers, agents, successors and
assigns, shall
1. Cease and desist from :
(a) Advising, urging, and warning its employees to re-
frain from joining or retaining membership in any labor
organization ;
(b) Questioning its employees concerning their union
membership or activities;
(c) Soliciting employees to spy and inform upon em-
ployees who are members of or active in union activities;
(d) Threatening to close down the plant or lock out or dis-
charge employees if they should join the Union ;
(e) Discouraging membership in International Brother-
hood of Paper Makers, Local 414, affiliated with the Ameri-
can Federation of Labor, or any other labor organization
of its employees by discriminating in regard to hire or tenure
of employment or any terms or conditions of employment;
(f) In any other manner interfering with, restraining, or
coercing its employees in the exercise of the right' to, self-
organization, to form, join, or assist labor organizations,
to bargain collectively through representatives of their own
1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
choosing and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protec-
tion as guaranteed in Section 7 of the Act.
2. Take the following affirmative action to effectuate the
.policies of the Act :
(a) Offer to Lavern Baker, Leroy Barnhart, Forest
Baugher, Howard Bordner, Joseph Ciszczon, Richard M.
Fulper, Francis Hysell, Harry Jacobs, William Lindy,
Frank McNitt, Paul Peterson, Wilson Rodbers; Peter T.
Royce, Charles Selthafer, Raymond Sherman, Donald M.
Smith, Edward Solliday, Carl Stafford, Otis Young and
Roy M. Young, immediate and full reinstatement, to their
former, or substantially equivalent positions, without preju-
dice to their seniority and other rights and privileges;
(b) Pay to each of the following named employees in full
settlement of any loss of wages he may have suffered by
reason of the cessation of operations at the Mishawaka plant
in April, 1940, the sum set opposite his name, as follows: (a
total of not to exceed $7,000.00)
Name of employee Amount
Layerii Baker--------------------------------------------- $499 26
Leroy Barnhart--__ ________________________________ 468 99
Forest Baugher------------------------------------------- 597.92
Joseph Ciszczon------------------------------------------- 444 97
Richard Al Fulper--------------------------------------- 209.03
Francis Hysell----------------- --------------------------- 310 82
Harry Jacobs=-------------------------------------------- 58.69
William Lindy----------------- ---------------- -- 986 81
Frank McNitt--------------------------------------------- 548 85
Paul Peterson-------------------------------------------- 269 06
Wilson Rodgers---------------- --------------- ----- 236 70
Charles Selthafei ------------------------------------------ 338 49
Raymond Sherman ------------- -------------- ----------- - 48 26
Donald Al Smith--------------- -------------- ------ 213 73
Edward Solliday-------------------------------------------- 586.96
Carl 'Stiifford ----------------------------------------------- 275 85
Otis Young--- ----------------------------------- 582 26
Roy Young----------------------------------------------- 323 35
,(c) File with the Regional Director for the Thirteenth
Region within ten (10 ) days from the entry of this Order,
a report in writing setting forth in detail the manner and
form in which it has complied with the provisions of this
Order.
7. After the entry of the Order by the Board, as provided
in this Stipulation and Agreement , the Circuit Court of Ap-
peals of the United States , for the Seventh Circuit , may, upon
application by the Board and without notice to respondent,
VOLNEY FELT MILLS, INC. 1251
enter a decree enforcing in full the said. Order of the Board,
and each of the parties. hereto hereby waives any and all re-
quirements of notice of the filing of such application by the
Board.
8. By entering into this Stipulation and Agreement respond-
ent does not admit, and expressly denies that it has committed
any unfair labor practices within the meaning of the Act.
9. All stipulations and agreements herein are subject to
the approval of the Board and shall become effective upon the
granting of such approval.
10. This Stipulation and Agreement sets forth all terms
agreed upon by and between the parties hereto. There is no
agreement written or verbal of any kind which varies, alters,
or adds to this Stipulation and Agreement.
On November 10, 1941, the Board issued its order approving the
stipulation, and making it a part of the record. Upon the above
stipulation and the entire record in the case, the Board makes the
following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE RESPONDENT
Volney Felt Mills, Inc., is a Delaware corporation having its
principal office in Chicago, Illinois. It operates plants at Mishawaka,
-Indiana, Fulton, New York, and Compton, California. The unfair
labor, practices involved in this proceeding are alleged to have taken
place at the Mishawaka plant. At the Mishawaka plant the respondent
is engaged in the manufacture, sale, and distribution of roofing felt
and kraft-paper wrappers. The respondent has continuously caused
large quantities of raw materials to be purchased and transported
in interstate commerce from and through States other than Indiana,
to its plant at Mishawaka, and has continuously caused large quanti-
ties of products to be sold and transported from such plant to States
other than Indiana. For the fiscal year ending November 1, 1939,
the sales of products manufactured at the Mishawaka plant amounted
to approximately $262,500, of which about 95 per cent in value con-
sisted of shipments from the plant to points outside the State of
Indiana.
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
1252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Act, the National Labor Relations Board
hereby orders that Volney Felt Mills, Inc., Chicago, Illinois, its
officers, agents, successors , and assigns , shall :
1. Cease and desist from :
(a) Advising, urging, and warning its employees to refrain from
joining or retaining membership in any labor organization;
(b) Questioning its employees concerning their union membership
or activities;
(c) Soliciting employees to spy and inform upon employees who
are members of or active in union activities;
(d) Threatening to close down the plant or lock out or discharge
employees if they should join the Union :
(e) Discouraging membership in International Brotherhood of
Paper Makers, Local 414, affiliated with the American Federation of
Labor, or any other labor organization of its employees by discrimi-
nating in regard to hire or tenure of employment or any terms or
conditions of employment;
(f) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the 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 Act.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Offer to Lavern Baker, Leroy Barnhart, Forest Baugher,
Howard Bordner, Joseph Ciszczon, Richard M. Fulper, Francis Hy-
sell, Harry Jacobs, William Lindy, Frank McNitt, Paul Peterson,
Wilson Rodgers, Peter T. Royce, Charles Selthafer, Raymond Sher-
man, Donald M. Smith, Edward Solliday, Carl Stafford, Otis Young
and Roy M. Young, immediate and full reinstatement to their former,
or substantially equivalent positions, without prejudice to their
seniority and other rights and privileges;
(b) Pay to each of the following named employees in full settle-
ment of any loss of wages he may have suffered by reason of the cessa-
1 ion of operations at the Mishawaka plant in April 1940, the sum set
opposite his name, as follows: (a total not to exceed $7,000.00)
Name of employee Amount
Lavern Baker------------------------------------------ $ 499 26
Leroy Barnhk2rt________________________________________ 468 99
Forest Baugher ------------------------------------------ 597 92
Joseph Ciszczon ---------------------------------------- 444 97
Richard M Fulper------------------------------------- 209 03
Francis Hysell ----------------------------------------- 310.82
Harry Jacobs------------------------------------------- 58.69
VOLNEY FELT MILLS, INC. 1253
Name of employee Amount
William Lindy------------------------------------------ $986.81
Paul Peterson------------------------------------------ 269.06
Frank McNitt------------------------------------------ 548.85
Wilson Rodgers---------------------------------------- 236.70
Charles Selthafer--------------------------------------- 338.49
Raymond Sherman------------------------------------- 48 26
Donald M. Smith--------------------------------------- 213 73
Edward Solliday---------------------------------------- 586.96
Carl Stafford___________________________________________ 275.85
Otis Young -------------------------------------------- 552.26
Roy Young-------------------------------------------- 323?. 35
(c) File with the Regional Director for the Thirteenth Region
within ten (10) days from the entry of this Order, a report in writing
setting forth in detail the manner and form in which it has complied
with the provisions of this Order.