Aponaug Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 5, 1941

32 N.L.R.B. 320 (N.L.R.B. 1941)

In the 'Matter of APONAUG MANUFACTURING COMPANY and FEDERAL
LABOR UNION No. 20850, AFFILIATED WITH AMERICAN FEDERATION
''OF LABOR
I Case No. C-1882.-Decided June 5, 1941
Jurisdiction : textile manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
111r. Warren Woods, for the Board.
111r. David E. Crawley, of Kosciusko, Miss., and Cameron and Wills
by Mr. Lester E. Wills, of Meridian, Miss., for the respondent.
Mr. Paul D. Burdine, of Kosciusko, Miss., for the Union.
111r. George J. Thornton, of Kosciusko, Miss., for the Club.
Miss Marcia Hertzrnark, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Federal Labor
Union No. 20850,1 affiliated with American Federation of Labor, 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 April 7, 1941, against
Aponaug Manufacturing Company, Kosciusko, Mississippi, herein
called the respondent, alleging that the respondent had engaged in and
was engaging in unfair labor practices within the meaning of Sec-
tion 8 (1), (2),_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 notices of hearing were duly served upon the
respondent, the Union, and upon Kosciusko Community Service
,Club, herein called the Club.
1 The name of the Union erroneously appeared in the original charge and in several sub-
sequent documents as Federal Textile Local No 20850 , affiliated with American Federation
of Labor.
32 N. L. R. B., No. 72.
,320
APONAUG MANUFACTURING COMPANY '321
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent discharged and thereafter refused
to reinstate 16 named persons on specified'dates because of their mem-
bership in and activities on behalf of the Union; (2) that the,respond-
ent discriminated against seven named 'persons by demoting them
to undesirable positions, or by giving them irregular work,'or by giv-
ing them less agreeable working conditions on undesirable shifts,
for the reason that they became and remained members of and: active
in behalf of the Union; (3) that the respondent has interfered with
its employees in their choice of labor organizations by (a) use of
threats. and offers of inducement, (b) making non-membership in
the Union a condition of employment,'. (c) • advising employees that
it, the Union won a_ scheduled election the, respondent would shut
down its operations, (d) circulating the rumor, that unless employees
abandoned membership, in the Union and became members of the
Club they would not be given regular employment; and, (4). that
the respondent on or about August 31, 1940, and thereafter,, spon-
sored, fostered, and encouraged membership in the Club, interfered
with its administration, and contributed support to it by, various
specified acts.
On April 19,,1941, the respondent filed an answer, denying the
commission of the unfair labor practices alleged in the complaint. On
the same day the Club filed an answer in which it denied that it is
a labor organization within the meaning, of the Act and denied that
the respondent had dominated and interfered with its administration
or contributed support to it.
Pursuant to notice, a hearing was held on May 5, 6, and 7, 1941,
at Kosciusko, Mississippi, before .C. W. Whittemore, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The respondent,
the Union, the Club, and the Board were represented by counsel and
participated in the, hearing.
On May 7, 1941, the respondent, the Union, the Club, and,counsel
for the Board entered into a stipulation in settlement of',the case.
This stipulation provides as follows :
It is hereby, stipulated and agreed by and between Aponaug
Manufacturing Company, hereinafter called the respondent,
Federal Labor Union No. 20850, hereinafter called the Union,
Kosciusko Community, Service Club, hereinafter called the Club,
and Warren Woods, Regional Attorney, National Labor Rela-
tions Board, 15th Region, that :
1. Upon charges filed by the Union, the Board, by Charles H.
Logan, Regional Director for the 15th Region (New Orleans,
Louisiana) acting pursuant to his authority, issued a complaint
and notice of hearing thereon' on April. 7th, 1941, ' against the
:322 DECISIONS OP, NATIONAL LABOR RELATIONS BOARD
Respondent. The complaint, amended complaint, and notices of
hearing thereon, as well as `a copy of the National Labor Rela-
tions Board Rules and Regulations, were duly served 'upon the
respondent, the Union and the Club in accordance with the Rules
and Regulations and a hearing was held at Kosciusko, Mississippi
on May 5th, 6th and 7th, 1941;
2. Respondent is and has been for over 20 years a corporation
organized under and existing by virtue of -the laws of the State
of Mississippi, with its principal executive offices in the City of
Jackson, 'Mississippi, engaged in the production and sale of cot-
ton textile goods and, operating at Kosciusko, Mississippi, a tex-
tile mill employing, approximately 425 employees. Approxi-
mately 20% of all raw materials used at its Kosciusko plant are
purchased by respondent in states other'than'the state of Mis-
sissippi, and approximately 800,%o of its finished products are sold
and delivered to points outside said State.' The annual value of
raw materials used' at Kosciusko is in excess of $100,000.00, and
the annual value of finished' products sold, by said mill is in
excess of $200,000.00. •
For the purpose of this stipulation, Respondent admits that
it is engaged- in interstate commerce within the meaning of the
National Labor Relations Act;
3. Upon the basis of this stipulation and the pleadings filed
herein, and pursuant to Section 10 (c)' of 'the National Labor
Relations Act,,, it is agreed that the National Labor Relations
Board shall enter an order in the following form :
ORDER '
1. Respondent shall cease and desist from :
(a) In any manner interfering with, restraining or, coerc-
ing its 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
bargaining and other mutual aid or 'protection, as guaranteed
in Section 7 of the Act ; '
(b) In any manner 'domin'ating or interfering with the ad-
ministration of the Kosciusko Community Service Club, or
with the administration 'of any labor :organization of its em-
ployees, and from contributing support to the Kosciusko Com-
munity Service Club or to any labor organization of its
employees ;
(c) Discouraging membership in' Federal'Labor Union No.
20850, or any labor organization of its 'employees, by discrim-
APONAUG MANUFACTURING COMPANY 323
inating in regard to their hire and tenure of employment or
any terms or conditions of employment;
2. Respondent shall take the following affirmative action,
which the Board finds will effectuate the policies of the Act:
(a) Offer to the employees listed in. Appendix A attached
hereto immediate and full reinstatement, to their former or
substantially equivalent positions in respondent's Kosciusko,
Mississippi, Mill, without prejudice to all rights and privileges
previously enjoyed;
(b) Make whole said employees for any losses of pay suffered
by them by reason of their discharge and/or termination of
employment by respondent in the amounts set opposite their
names as listed in Appendix A;
(c) Withdraw all recognition from Kosciusko Community
Service Club as the representative of any of its employees for
the purpose of dealing with the respondent concerning griev-
ances, labor disputes, rates of pay, wages, hours of employ-
ment or other conditions of employment, and completely dis-
establish said organization as such representative;
(d) Post immediately in conspicuous places in its mill at
Kosciusko, Mississippi (it being understood that the term "con-
spicuous places" means every regular department of the mill)
notices stating that the respondent will cease and desist in the
manner aforesaid; such notices to remain posted for a period
of sixty (60) days from the date of posting. .
(e) Notify the Regional Director for the 15th 'Region, in
writing, within ten days from the date of this order what steps
respondent has taken to comply herewith.
It is further ordered that with respect to Olyne Smith,
W. B. Smith and Myrtle Frazier, the complaint be, and it hereby
is dismissed;
It is further ordered that with respect to all the allegations
contained in paragraph 6 of the complaint herein, the com-
plaint be, and it hereby is dismissed.
4. It is further understood and agreed by and between all the
parties hereto that all monies payable within the terms of this
stipulation shall be paid in three equal installments, thirty days
apart, except that each such payment shall be made on a regular
pay day and shall be included in the pay envelope of each em-
ployee, and that in no event shall the aggregate sum of
such payments exceed two thousand and one hundred dollars
($2,100.00).
5. It is further understood and agreed that in all matters arising
within the terms of this agreement, Mr. David E. Crawley, at-
448092-42-vol. 38--22
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
torney at law, Kosciusko, Mississippi, shall have full power of
attorney to represent the Respondent in all negotiations or dis-
cussions arising hereunder, subject to the final decision of the
President of the Respondent Company.
6. It is further understood and agreed that all matters raised
by Paragraph 6 of the complaint herein shall be settled and ad-
justed in the manner set forth in a separate agreement reached by
the parties. -
7. It is further understood and agreed that all employees
named in Appendix A hereto shall be reinstated to the position
and shifts set opposite their names, to be given regular employment
to the same extent and on the same basis as other regular em-
ployees on the same shift and in the same or similar positions.
8. It is further understood and agreed that this stipulation
embodies all agreements in settlement of the above-captioned
case which exist between the parties, except as indicated in para-
graph 6 hereof.
9. This stipulation is expressly subject to and conditional upon
the approval of the National Labor Relations Board, and the
stipulation and the order to be made by the Labor Board pursu-
ant thereto will not be made the basis of any application for a
court order.
On May 23, 1941, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and transferring
the proceeding to the Board for the purpose of entry of a Decision
and Order by the Board pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Aponaug Manufacturing Company, a Mississippi corporation -with
its principal office in Jackson, Mississippi, is engaged in the production
and sale of cotton textile goods. It operates at Kosciusko, Mississippi,
a textile mill employing approximately 425 persons. The respondent
uses annually at Kosciusko raw materials worth in excess of $100,000.
Approximately 20 per cent of such raw materials are purchased out-
side the State of Mississippi. The value of finished products sold
annually by the Kosciusko mill is in excess of $200,000. Approxi-
mately 80 per cent of such products are sold and delivered to points
outside the State of Mississippi.
For the purposes of this proceeding, the respondent admits that
it is engaged in interstate commerce within the meaning of the Act.
APONAUG MANUFACTURING COMPANY 325
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 Aponaug Manufacturing Company, Kosciusko.
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 repre-
sentatives of their own choosing, and to engage in concerted activities
for the purpose of collective bargaining and other mutual aid or pro-
tection, as guaranteed in Section 7 of the Act;
(b) In any manner dominating or interfering with the administra-
tion of the Kosciusko Community Service Club, or with the administra-
tion of any labor organization of its employees, and from contributing
support to the Kosciusko -Community Service Club or to any labor
organization of its employees;
(c) Discouraging membership in Federal Labor Union No. 20850,
or any labor organization of its employees, by discriminating in regard
to their hire and tenure of employment or any terms or conditions of
employment.
2. Respondent shall take the following affirmative action, which
the Board finds will effectuate the policies of the Act :
(a) Offer to the employees listed in Appendix A attached hereto
immediate and full reinstatement, to their former or substantially
equivalent positions in respondent's Kosciusko, Mississippi, mill, with-
out prejudice to all rights and privileges previously enjoyed;
(b) Make whole said employees for any losses of pay suffered
by them by reason of their discharge and/or termination of employ-
ment by respondent in the amounts set opposite their names as
listed in Appendix A;
(c) Withdraw all recognition from Kosciusko Community Service
Club as the representative of any of its employees for the purpose
of dealing with the respondent concerning grievances, labor disputes,
rates of pay, wages, hours of employment or other conditions of
employment, and completely disestablish said organization as such
representative;
(d) Post immediately in conspicuous places in its mill at Kos-
ciusko, Mississippi (it being understood that the term "conspicuous
places" means every regular department of the mill) notices stating
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the respondent will cease and desist in the manner aforesaid;
such notices to remain posted for a period of sixty (60) days from
the date of posting;
(e) Notify the Regional Director for the Fifteenth Region, in
writing, within ten days from the date of this order what steps
respondent has taken to comply herewith.
IT IS FURTHER ORDERED that with respect to Olyne Smith, W. B.
Smith and Myrtle Frazier, the complaint be, and it hereby is
dismissed.
IT IS FURTHER ORDERED that with respect to all the allegations con-
tained in paragraph 6 of the complaint herein, the complaint be,
and it hereby is dismissed.
APPENDIX A
Name Job Shift Amount to
be paid
Neda Adams --------------------- Battery filler ---_--------------------- First------------ $145.00
Estelle Burdine------------------- Spinner ------------------------------- Second---------- 145.00
Carrie Clark ----------------------- (Job offered; not accepted) ------------ ------------------ 175.00
Clayton Clark-------------------- (Job offered; not accepted) ------------- ------------------ 200.00
Jessie Counts ---------- Loom fixer, check fixer ---------------- Second __-------- 100.00
Lucille Davidson ----------------- Spinner------------------------------ - Second-_-------- 160.00
Mildred Graves------------------- Smash hand --------------------------- First------------ 145.00
M. C. Murin --------------------- Carpenter------------ ----------------- ---- -- - ----------- 145.00
Robert Meggs-------------------- Doffer--------------------------------- Second------_ -- 80.00
Walter Pitts---------------------- Card hand----------------------------- Second-------_-- 140.00
J. B. Pylate ---------------------- Yard hand ---------------- ------------------- 145.00
Wilson Frazier_ Sweeper------------------------------- Second--__---__- 145.00
Clarence Quick ----------- ------- Roving hauler ------------------------- Third----_-_---- 100.00
W. E. Thweatt ------ (Job offered; not accepted) ------------------ 275.00
Total--------------------------------------------------------------------------------- 2,100.00
It is understood that although reinstatement will be offered
Carrie Clark and Clayton Clark and W. E. Thweatt that none of
said employees will accept such offer of reinstatement.