Baer Co., Inc.

National Labor Relations Board - Board Decisions

Jan 25, 1936

1 N.L.R.B. 159 (N.L.R.B. 1936)

In the Matter of BAER COMPANY, INC. and UNITED TEXTILE WORKERS
OF AMERICA
Case No. C-,8.Decided January 05, 1936
Sslk Yarn and Textile Industry-Unit Appropriate for Collective Bargaining:
production employees-Election: consent-Settlement. agreement to comply with
Act-Consent Decree: agreement to entry of by Board.
Mr. Gerhard P. Van Arkel for the Board.
Mr. Nathan M. Balliet, of Lehighton, Pa., for respondent.
Mr. M. Herbert Syme, of Philadelphia, Pa., for the Union.
Mr. Fred. G. Krivonos, of counsel to the Board.
DECISION
STATEMENT OF CASE
Upon charges duly filed by the United Textile Workers of
America, hereinafter called the union, and acting pursuant to the
authority granted in Section 10 (b) of the National Labor Relations
Act, approved July 5, 1935, Stanley W. Root, Regional Director for
the Fourth Region, agent of the National Labor Relations Board
designated by Article IV, Section 1, National Labor Relations Board
Rules and Regulations-Series 1, issued its complaint dated Novem-
ber 18, 1935, against the Baer Co., Inc., respondent herein. The com-
plaint and notice of hearing thereon were duly served upon respond-
ent on November 21, 1935, in accordance with Article IT, Section 1
of said Rules and Regulations-Series 1.
The complaint alleges that the respondent has en' aged in unfair
labor practices affecting commerce within the meaning of Section 8,
subdivisions (1), (2) and (5), and Section 2, subdivisions (6) and
(7) of such Act. Thereafter, on November 26, 1935, respondent filed
its answer to the complaint. Respondent, in its answer, expressly
admits the allegations in the complaint (paragraph 1) concerning its
incorporation and place of business, and the allegations that the
interstate sources of its raw materials and the interstate sale and
transportation of its product constitute a continuous flow of trade,
traffic and commerce among the several states. Respondent's answer
fails to reply to the allegations in the complaint (paragraph 12) that
the unfair labor practices alleged constitute unfair labor practices
affecting commerce. All other allegations in the complaint, excepting
159
160 NATIONAL LABOR RELATIONS BOARD
those concerning the appropriate bargaining unit (paragraph 7)
which are admitted, are either denied or neither admitted nor denied
for lack of knowledge.
Pursuant to the notice of hearing, William R. Walsh, Trial Ex-
aminer, as agent of the National Labor Relations Board designated
by Article IV, Section 3, and Article II, Section 22 of said Rules
and Regulations-Series 1, conducted a hearing on December 2,
1935, at Bloomsburg, Pennsylvania. The respondent, appearing by
Nathan M. Balliet, participated in the hearing. Full opportunity
to be heard, to cross-examine witnesses and to produce evidence was
afforded to all parties.
In the course of the hearing, at a conference of all interested
parties, stipulations, set forth below in the findings of fact, were
agreed upon between all such parties, as the basis of settlement
of the case.
On December 16, 1935, the Board, deeming it necessary in order
to effectuate the purposes of the Act, directed, under Article II,
Section 35 of said Rules and Regulations-Series 1, that the pro-
ceeding herein be transferred and continued before it for deter-
mination pursuant to Article II, Section 36 of said Rules and Regu-
lations-Series 1.
Upon the basis of respondent's admissions in its answer and upon
the basis of the stipulations entered into between all interested par-
ties, as set forth below, we make the following findings of fact.
FINDINGS OF FACT
I. The Baer Co., Inc., respondent herein, is a corporation organ-
ized and existing by virtue of the laws of the State of Pennsylvania,
having its principal place of business in the City of Berwick, Co-
lumbia County, Pennsylvania, and its office in the Borough of Le-
highton, Carbon County, Pennsylvania, and is engaged in the
production, sale and distribution of silk and rayon yarns.
II. Respondent in the course and conduct of its business causes
and has continually caused substantially all the raw materials used
in the production of silk and rayon yarns to be purchased and
transported in interstate commerce from and through states of the
United States other than the State of Pennsylvania, and foreign
countries, to its Berwick plant in the State of Pennsylvania, and
causes and has continuously caused a large part of the silk and
rayon yarns produced by it to be transported in interstate commerce
from the Berwick plant in the State of Pennsylvania to, into and
through states of the United States other than the State of Penn-
sylvania, all of the aforesaid acts constituting a continuous flow of
trade, traffic and commerce among the several states.
DECISIONS AND ORDERS 161
III. The employees engaged in the production of silk and rayon
yarns at the Berwick plant of respondent , exclusive of those engaged
in a supervisory capacity, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9(b)
of the Act.
IV. At the hearing on December 2, 1935, the following stipulations
were agreed upon between respondent, by Nathan M. Balliet and
H. Mont Smith , its attorneys , the United Textile Workers of Amer-
ica, by M. Herbert Syme , its attorney , and the National Labor
Relations Board, by Stanley W. Root, Regional Director , Fourth
Region, whose agency for the Board in this matter has been duly
ratified, to be the basis of settlement of the case :
" 1. The Baer Company , Incorporated , agrees that it will not
interfere with, coerce , or restrain its employees in the exercise
of the rights granted them by Section 7 of the National Labor
Relations Act, approved July 5, 1935.
" 2. The Baer Company , Incorporated , agrees that it will
comply with the requirements of Section 8 of the said National
Labor Relations Act.
" 3. The Baer Company, Incorporated , agrees that an election
among its employees will be held with its consent under the aus-
pices of the National Labor Relations Board on Thursday, De-
cember 5, 1935 at which all employees not in a supervisory
capacity shall have the right to vote to determine the repre-
sentatives of its employees for the purpose of collective bar-
gaining and agrees that it will enter into negotiations in good
faith with the representatives chosen by the majority of its
employees voting in such election , looking toward the making
of an agreement covering wages, hours and working conditions,
which agreement shall in any case provide for a preferential
shop.
"4. Paragraphs 1, 2, and 3 of this stipulation may be con-
tained in a decree to be entered any time in the future by the
National Labor Relations Board in any Court and the Baer
Company, Incorporated , agrees that it will not during a period
of one year oppose the entry of such a decree and waives its
right to oppose such entry."
V. Pursuant to the provisions of paragraph 2 of these stipula-
tions, the National Labor Relations Board, by Stanley W. Root,
Regional Director for the Fourth Region, whose agency for the
Board in this matter has been duly ratified , conducted , on December
5, 1935, an election by secret ballot among respondent 's employees
162 NATIONAL LABOR RELATIONS BOARD
other than those engaged in a supervisory capacity , and filed a report
of the results of such election , as follows :
Total employees eligible to vote----------------------------- 215
Total ballots cast--- ---------------------------------------- 167
Total number of ballots cast for representation by United
Textile Workers of America------------------------------ 108
Total number of ballots cast against such representation------ 59
VI. Upon the basis of the results of the election conducted among
respondent 's employees , other than those engaged in a supervisory
capacity , by said Stanley W. Root, agent of the Board, under the
terms of said stipulations , and his report thereon, the Board hereby
finds that the United Textile Workers of America, a labor organiza-
tion, has been designated to be the exclusive representative of re-
spondent 's employees for the purposes of collective bargaining by a
majority of such employees.
VII. The unfair labor practices alleged in the complaint, and
those from which practices respondent has in the stipulations set
forth in finding IV above agreed to desist , constitute unfair labor
practices affecting commerce within the meaning of Section 8, sub-
divisions (1), (2), (3), (4 ) and (5 ), and Section 2, subdivisions
( 6) and (7) of said Act.
ORDER
On the basis of these findings of fact, which embody the stipulations
entered into between respondent , the union and the Board, and pur-
suant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that the respondent,
Baer Co., Inc., and its officers and agents shall :
1. Cease and desist, in accordance with its agreement expressed in
paragraph 1 of the stipulations set forth in finding IV above, 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 organizations , to bargain collectively through representa-
tives of their own choosing , and to engage in concerted activities for
the purposes of collective bargaining or other mutual aid or protec-
tion, as guaranteed in Section 7 of the National Labor Relations Act.
2. Cease and desist, in accordance with its agreement expressed in
paragraph 2 of the stipulations set forth in finding IV above, from
any conduct inconsistent with compliance with the requirements of
Section 8 , subdivisions ( 1), (2), (3), (4 ) and (5 ) of the National
Labor Relations Act.
3. Cease and desist, in accordance with its agreement expressed in
paragraph 3 of the stipulations set forth in finding IV above, from
any refusal to bargain collectively with the United Textile Workers
DECISIONS AND ORDERS 163
of America, the exclusive representatives designated therefor by its
employees, other than those engaged in a supervisory capacity.
4. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Enter, in accordance with its agreement expressed in paragraph
3 of the stipulations set forth in finding IV above, into negotiations
in good faith with the United Textile Workers of America, designated
as their exclusive representatives for the purposes of collective bar-
gaining by its employees, other than those engaged in a supervisory
capacity, as set forth above, with the object of making of an agree-
ment covering wages, hours and working conditions.
(b) Post notices immediately in conspicuous places in its Berwick,
Pennsylvania, plant, stating that under terms of the settlement of
this case and in compliance with this order: (1) Respondent will
comply with the provisions of the National Labor Relations Act; and
that (2) respondent's employees will not be interfered with, restrained
or coerced in the exercise of their rights to self-organization, to bar-
gain collectively with representatives of their own choosing, and to
engage in concerted activities for the purposes of collective bargain-
ing or other mutual aid or protection guaranteed them by Section 7
of such Act; and that (3) the United Textile Workers of America
have been chosen as their exclusive representatives for collective bar-
gaining by respondent's employees, other than those engaged in a
supervisory capacity, and respondent will bargain with the United
Textile Workers of America exclusively as the representatives of all
such employees; and that (4) such notices will remain posted for a
period of thirty consecutive days from the date of posting.
(c) Inform the Regional Director for the Fourth Region, within
seven days of the date of service of this Order, that it has complied,
and in what manner it has complied, with the provisions of this Order.