Brownwood Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 20, 1964

149 N.L.R.B. 921 (N.L.R.B. 1964)

BROWNWOOD MANUFACTURING COMPANY 921
WE WILL jointly and severally with Kenrich Petrochemicals, Inc., reimburse
those of its employees who became members of our organization after the execu-
tion of the aforesaid collective-bargaining agreement of December 20, 1963, for
moneys paid by them or deducted from their earnings for initiation fees, dues,
assessments , or other obligations of membership in our organization.
LOCAL 350, BAKERY AND CONFECTIONERY WORKERS
INTERNATIONAL UNION OF AMERICA,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, 614
National Newark Building, 744 Broad Street, Newark, New Jersey, Telephone No.
Market 4-6151, if they have any question concerning this notice or compliance with
its provisions.
Brownwood Manufacturing Company and Amalgamated Cloth-
ing Workers of America, AFL-CIO. Case No. 16-CA-1979.
November 20, 1964
DECISION AND ORDER
Upon a charge and a first amended charge duly filed on December 19,
1963, and January 30, 1964, respectively, by the Amalgamated
Clothing Workers of America, AFL-CIO (herein called the Union),
against Respondent, Brownwood Manufacturing Company, the Gen-,
eral Counsel for the National Labor Relations Board by the Acting
Regional Director for Region 16, on April 24, 1964, duly issued and
served upon the parties a complaint and notice of hearing. The com-
plaint alleges that Respondent had engaged in and was engaging in,
unfair labor practices affecting commerce within -the meaning of
Sections 8(a) (1) and 2(6) and (7) of the National Labor Relations
Act, as amended. With respect to the unfair labor practices, the
complaint alleges, in substance, that on October 18, 23, and 24, 1963,
certain supervisors and agents of Respondent addressed assemblies of
Respondent's employees on its premises and threatened them with
loss of jobs and with other reprisals.
On -June 26, 1964, all parties to this proceeding entered into a
stipulation wherein they agreed that the charges, the complaint, the
answer, and the stipulation and exhibits attached thereto constituted
the entire record in the case, and submitted the case to the Board for
findings of fact, conclusions of law, and Decision and Order. They
waived hearing before a Trial Examiner and the issuance of a Trial
Examiner's Decision but reserved their right to file briefs.
On July 10, 1964, the Board issued an order approving stipulation
transferring case to the Board and set a time for a filing of briefs.
triefs' were thereafter filed by the General Counsel and Respondent.
149 NLRB No. 82. - ' '
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the Board has delegated its powers in
connection with this case to a three-member panel [Members Leedom,
Fanning, and Brown].
Upon the basis of the aforesaid stipulation, the briefs, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The complaint alleges, the parties have stipulated, and we find, that
Respondent is engaged in commerce within the meaning of Section
2(6) and ( 7) of the Act. We further find that as Respondent ships
goods valued in excess of $50,000 to plants outside the State of Texas,
its operations meet the Board 's jurisdictional standards.
II. THE LABOR ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America, AFL-CIO, is a labor
organization within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
On March 30, 1962, the Union filed a petition in Case No. 16-RC-
3134 seeking certification as representative of certain employees of
Respondent Employer. Pursuant to the Regional Director's Decision
and Direction of Election dated May 8, 1962, a Board-conducted
election was scheduled to be held on May 31, 1962. The Union filed
unfair labor practice charges against the Respondent in Case No.
16-CA-1663 on May 25, 1962, and the election was postponed. On
February 6, 1963, the Board issued its Decision and Order in Case
No. 16-CA-1663, finding that Respondent had engaged in certain
conduct violative of Section 8(a) (1) of the Act and requiring cer-
tain remedial action.:'
In due course an election was rescheduled in Case No. 16-RC-3134.
Thereafter, on October 18 and 24, 1963, Joseph Sidran, an officer of
Respondent, addressed assemblies of Respondent's employees during
working hours at its Brownwood, Texas, plant. Leo Miller, Respond-
ent's plant manager, addressed an assembly of the employees during
working hours at the plant on October 23, 1963. True copies of these
speeches are attached hereto and made a part hereof as follows : The
speech of October 18, as Appendix A; the speech of October 23, as
Appendix B ; the speech of October 24, as Appendix C.2
2 140 NLRB 1027.
2 An election conducted on October 25 was set aside by the Regional Director on the
basis of the Union 's timely and meritorious exceptions and review of that decision was
denied by the Board.
BROWNWOOD MANUFACTURING COMPANY 923
The major theme evident in all three employer speeches here is that
dire consequences would follow if the employees selected union repre-
sentation. Thus, at the very outset of his October 18 speech, Sidran
stated :
In the next 8 days Mr. Miller and I are going to make it very
clear to you the grave dangers you face and the Company faces
if, in the election, the Union should get 51 percent of the votes
and become your representative.
He then proceeded to tell them that the plant was brought to this
location through the efforts of the Brownwood Industrial Founda-
tion, and informed them that most small cities in Texas have such
industrial foundations and many of them had offered him proposi-
tions to move the plant. He then described in detail the severe
impact that departure of the Company would have upon the employ-
ees and the surrounding communities stating :
Some of you have never worked anywhere except here. I think
it is fact that if this plant were shut down, 3/4ths of you could not
find work elsewhere ... most of you would not have the oppor-
tunity of working in Brownwood if this plant was not here....
Sidran returned to the theme of plant closing from the standpoint of
the work available. Asserting that the purpose of the Union in
attempting to organize the employees was in the nature of a con-
spiracy with "eastern competitors" in an attempt to bankrupt the
employer, Sidran stated :
If I can't get Government contracts, there would be no work....
There are no factories in Texas having Government contracts
that are represented by this Union....
He closed by cautioning them not to gamble with their security. -
The theme established by Sidran's speech was expanded by Miller
who added that :
.. The piece rate basis is the fairest basis for all. You get what
you earn. We cannot change our method of operation. . . . The
minimum pay here is $50 per week. If you don't earn that much,
we make up the difference. A good many of you could not earn
$30 per week elsewhere.... Under a union contract we would be
forced to discharge those who could not earn the minimum
because we would have to operate on a cold business basis rather
than on the easy going basis we are operating on now....
In his first speech, Sidran had warned employees that the choice
of the Union would be the first link of a chain of events that would
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lead to disagreement, strikes, and destruction of the factory and the
future of the employees. He stressed this point in his second speech :
I have told you before that this Union can do nothing for you
but make trouble.... It means that if the Union wins and we
cannot reach an agreement that there will be strikes and strife
and trouble ... Strikers draw no pay and they receive no unem-
ployment compensation ... The truth is that the Union cannot
promise you anything because it is the Company that provides
the jobs, and the benefits, and the wages ... Now, let's not gamble
with your jobs and your security....
An analysis of these speeches clearly reveals that they were
designed to convey the firm impression that strikes and the loss of
benefits and security arising therefrom were inevitable with the selec-
tion of union representation, and that the choice of this Union
would mean the loss of Government contracts upon which operation
of the plant depended. Furthermore, they contained thinly veiled
threats of reprisal through loss of benefits either as a result of moving
or closing the plant or by discharge of those who did not meet the
minimum production standards established on a "cold business
basis." 3 Nor was the existence of these threats and warnings miti-
gated by the various statements indicating Respondent's intent to
"try to continue to operate and replace those who went on a strike
..." and to continue to operate the plant "if the union should acci-
dently win the election . . . so long as I can get Government con-
tracts." If Respondent did not wish the employees to be concerned
with these possibilities there was no need to raise them in the first
place. Having sounded the alarm, Respondent cannot so easily avoid
the effect of its words.
Such conduct interferes with the employees' exercise of their rights
guaranteed them under Section 7 of the Act and is therefore in vio-
lation of Section 8(a) (1).4
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent, set forth in section I, above,
occurring in connection with its operations set forth in section III,
3 These threats take on an even greater weight by virtue of the prior unfair labor prac-
tices which also involved similar threats of economic harm uttered to individual em-
ployees by a representative of the Employer
ADal-Tex Optical Company, hac , 137 NLRB 1782 , 1786 , and cases cited therein . Harold
Miller, et at , d/b/a Miller - Charles and Company , 146 NLRB 405 ; The Little Rock Down-
towner, Inc., 143 NLRB 887, 890; Hoffman-Taff, Inc, 135 NLRB 1319, 1321.
Member Leedom does not reach, and therefore does not pass on , the question as to
whether the Respondent 's statements , standing alone, constitute unlawful threats, as he
agrees with his colleagues that , in the light of the Respondent ' s prior unfair labor prac-
tices involving similar remarks , the Respondent ' s statements take on a coercive connota-
tion and hence are unlawful.
BROWNWOOD MANUFACTURING COMPANY 925
above, have a clear,, intimate, and substantial relation to trade, traffic,
and commerce among the several States and tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
THE REMEDY
Having found that the Respondent has engaged in unfair labor
practices within the meaning of Section 8 (a) (1) of the Act, we shall
order the Respondent to cease and desist therefrom and to take cer-
tain affirmative action that we find necessary to effectuate the pur-
poses of the Act.
Upon the basis of the foregoing findings of fact and upon the entire
record in the case, we adopt the following :
CONCLUSIONS OF LAW
1. Brownwood Manufacturing Company is an Employer within
the meaning of Section 2(2) of the Act and is' engaging in commerce
within the meaning of Section 2(6) and (7) of the Act.
2. Amalgamated Clothing Workers of America, AFL-CIO, is a
labor organization within the meaning of Section 2(5) of the Act.
3. By the conduct set forth in section III above, Respondent has
interfered with, restrained, and coerced its employees in the exercise
of their rights guaranteed in Section 7 of the Act and has engaged in
and is engaging in unfair labor practices within the meaning of
Section 8(a) (1) of the Act.
ORDER
Upon the entire record in the case, and the foregoing findings of
fact and conclusions of law, and pursuant to Section 10(c) of the
National Labor Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that Respondent, Brownwood Manufac-
turing Company, Brownwood, Texas, its officers, agents, successors,
and assigns, shall:
1. Cease and desist from :
(a) Threatening employees with curtailment or loss of employ-
ment benefits, or other economic reprisals if they select Amalga-
mated Clothing Workers of America, AFL-CIO, or any other labor
organization, as their bargaining representative, or engage in other
concerted activity for their mutual aid or protection.
(b) In any like or related manner interfering with, restraining, or
coercing its employees in the exercise of their right to self-
organization, to form, join, or assist Amalgamated Clothing Workers
of America, AFL-CIO, or any other labor organization, to bargain
collectively through representatives of their own choosing, and to
engage in other concerted activities for the purpose of collective bar-
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaining or other mutual aid or protection, or to refrain from engag-
ing in any or all such activities.
2. Take the following affirmative action which is found necessary
to effectuate the purposes of the Act:
(a) Post in conspicuous places at its manufacturing plant in
,Brownwood, Texas, copies of the attached notice marked "Appen-
dix." 5 Copies of said notice, to be furnished by the Regional Direc-
tor for Region 16, shall, after being duly signed by Respondent's
representative, be posted by Respondent immediately upon receipt
thereof, and be maintained by it for 60 consecutive days thereafter, in
conspicuous places, including all places where notices to its employees
are customarily posted. Reasonable steps shall be taken by Respond-
ent to insure that said notices are not altered, defaced, or covered by
any other material.
(b) Notify said Regional Director for Region 16, in writing,
within 10 days from the date of this Decision and Order, what steps
the Respondent has taken to comply herewith.
6In the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "a Decision and Order" the words "a
Decree of the United States Court of Appeals, Enforcing an Order."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a decision and order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that :
WE WILL NOT threaten you with loss of your jobs, curtailment
of the amount of- work available, with less favorable working
conditions, or other reprisals, if you elect to have Amalgamated
Clothing Workers of America, AFL-CIO, or any other union,
represent you, or engage in other union activity.
WE WILL NOT in any like or related manner interfere with,
restrain, or coerce you in the exercise of your right to self-
organization , to form a labor organization, or 'to join or assist
any labor organization, to bargain collectively through represen-
tatives of your own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid
or protection, or to refrain from any and all such activity.
You are free to become, remain, or refrain from becoming or
remaining, a member of any union.
BROWNWW?OOD MANUFACTURING COMPANY,
Employer.
Dated---------------- By--------------------------------------
(Representative) (Title)
'BROWNWOOD MANUFACTURING COMPANY ' ' 927
This notice must remain posted for 60 consecutive days from 'the
date of posting, and must not be altered, defaced, or covered by any
other material.
Employees may communicate directly with the Board's Regional
Office, 6th Floor, Meacham Building, 110 West Fifth Street, Fort
Worth, Texas, Telephone No. Edison 5-4211, Extension 2131, if they
have any question concerning this notice or compliance with its
provisions.
APPENDIX A
Speech Delivered by Joe Sidran , 18 October 1963
I understand that there has been considerable union agitation here, and that the
Amalgamated Clothing Union has gotten about 30 % of the employees here to sign
Minion cards and the' National Labor Relations Board has ordered an election for
this plant on 25 October 1963. The Union wants to represent you in collective
bargaining . It wants to be your sole and exclusive representative to speak for you
on matters of wages, hours and working conditions in this plant. I am sure that
many of you have signed union cards without understanding exactly what you were
doing. In the next 8 days Mr., Miller and I are going to make it very clear to you
the grave dangers you face and the Company faces if, in the election , the Union
should get 51% of the votes and become your representative.
I started this factory about 18 years ago . I came here through the efforts of the
Brownwood Industrial Foundation . This industrial foundation is composed of the
businessmen and civic leaders of Brownwood . It was their idea to form a foundation
'to`bring industries to Brownwood . This would give the people of this community and
surrounding communities employment and would bring a large payroll which in turn
would benefit the city, the schools , the churches and the homes and bring more busi-
ness to the merchants . Most small cities in Texas have these industrial foundations
and many of them have offered me propositions to move the plant , but I like Brown-
wood and I have found that I had the cream of the managers in Leo Miller. He is one
of the outstanding citizens of this town. He was formerly on the city counsel [ sic] of
Brownwood , and is very active in all civic affairs and is a church going member and a
God fearing man. 1 have found him honest and upright and I know he has your
interests at heart . Of course , no one is perfect . Even the best of us will sometimes be
irritable , the Lord did not make any of us perfect , but Leo Miller has considered this
factory just one big family . He knows all of you. I have known many of you for
some years . It is hard to believe that in a factory like this where peace and harmony
has prevailed for 18 years and Leo Miller has done such a good job, that union
agitators could cause trouble.
The payroll of this factory is normally $ 10,000 to $11,000 per week . Think of what
this means to Brownwood and the neighboring communities and what it means to you.
The minimum pay in this factory is $50.00 per week . The average pay considerably in
excess of $50 .00 per week. We work on a piece rate system which is the fairest kind of
operation . There are some of you that make a good deal'more than $50.00 per week
because of your skill Others, of course, cannot make the , minimum , but we have been
going along and as you get more skill you make more money. We have not permitted
the skillful workers to be penalized , or all of our workers to make the same amount.
This would be unfair and we could not operate a factory on that basis.
Some of you come here from small communities like Mercury , May, Santa Anna,
Cross Plains, Blanket, Mullins, Bangs, Zephyr, Commanche [ sic] and other towns
around Brownwood. Some of you have never worked anywhere except here . I think it
is fact that if this plant were shut down, 3 /4ths of you could not find work elsewhere.
In such an instance , the community in which you live would be terribly hurt. House
payments , automobile payments , payments on electric appliances could not be made.
Maybe under such circumstances you could not afford to send your children to college
since we have made it a practice to give college students part time work If they did
not have this work many of them would not be able to go to college. We have done
this because we believe that in times like these every child , where possible, should have
a college education . Some of you work because you hav to. Some of you -work
because you want the additional comforts of life or want to save up for old age. But,
whatever the reason is, most of you would not have the opportunity of working in
Brownwood if this plant was not here. I state this to you not to imply that I would
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shut the plant down if the Union should accidentally win the election . I do not intend
to shut this plant down so long as I can get Government contracts. If I ca'nt get
Government contracts , there would be no work.
Now, since I have been here, some questions have been raised about this Union.
Some of you have asked if I am in favor of the Union representing the employees.
Do we have to belong to the Union to work here ? Do you have to vote for the
Union if you signed a union card? If the Union wins will this be a closed union
shop? If you vote against the Union and the Union wins will you be fired ? If there
is a strike who pays while you are on strike? I am going to answer these questions.
I am going to tell you what rights you have and what rights management has. I am
going to tell you from the bottom of my heart why this Union should not represent
you.
Mr. Miller and I are the principle [sic] owners of the Brownwood Mfg. Co. He
works here and I work here and we try to secure Government contracts . Recently, as
Mr. Miller can tell you and show you from the records, we have found that some
eastern concerns have been underbidding us and we have been unable to get a great
many contracts that we bid on . Now, you know that we have a low overhead and we
bid these contracts close. The lowest qualified bidder gets the contract . There are no
factories in Texas having Government contracts that are represented by this Union.
There is a number of companies in Pennsylvania , New Jersey , and in the East who
have union contracts . They do not want us to compete with them and in my opinion,
they are underbidding us in order to try to break us and it is further my opinion that
this union agitation that we are having in this plant and in Bonham Mfg. Company is
inspired by these eastern competitors who have joined with the Union in an attempt
to break us . It is my belief that this Union does not care anything about you, all
it wants to do is to get in here, try to force us to pay higher wages so that we cannot
compete or call you out on a strike and to do all it can to break us . I will say to you
that the wages and benefits , such as holidays and vacations , in this plant equal or
exceed those in any plant of its kind in Texas . I will say to you that after years of
experience that if the cost of operation were increased , we could not operate this
plant, which I believe would suit this Union just fine. It would call a strike if we
could not agree on a contract . If there were a strike we would try to continue to
operate and replace those who went on a strike. Strikers would not get any pay
from the Company , the Union does not pay them , and under Texas law, they do not
get unemployment compensation . You can see very readily that this Union with its
wild promises has nothing to lose. It is you and the Company that would lose. You
can also see that we are doing all we can, and therefore , this Union can get you
nothing except trouble. It could destroy this factory and your future. At the
present time, you are your own bosses , you do not have to give up your individual
rights to outsiders and have them speak for you. You can come to Mr Miller or to
me with your problems. Why should we permit this Union to sew [sic ] discord in
our family?
The Union went down to Bonham and Bonham has the same kind of people that
we have here and had an election . The Bonham Mfg. Co. beat the Union by 70%.
The great majority of the workers at Bonham decided they did not want any union
bosses. The Union spent a fortune down there. They brought workers from St.
Louis and Dallas, and eastern cities and they brought lawyers from Chicago. I hear
they had about 8 or 10 working down there at the time. They visited the employees
in their homes, which we are not permitted to do, they made wild promises, but the
workers themselves at Bonham were not fooled . The employees voluntarily went
out and worked against the Union. Now they have switched these high paid workers
over to Brownwood . They have asked that the election be set aside , however, 70%
of the employees voted against the Union , therefore , Bonham Mfg . Co. has no
intention of letting the loyal employees down and as such has appealed to the U.S.
Circuit of Appeals of a decision relative to the election . I think the Union is
just a bad loser. Where is all of this money coming from that they are spending here.
It is coming from the Union out of their initiation fees and dues that some of the
workers have paid into the Union , or is it coming from the eastern manufacturers
who want to break us? These are questions that you should all consider . I want to
say here also that this Union does not represent a single factory in Texas that has
Government contracts . As far as I know this Union does not represent any factory
in Texas that is locally owned . Sometimes when an eastern manufacturer puts a
branch in Texas and they already have a contract at their home branch they are
forced to make a union contract at the branch. Take big plants in Texas that make
civilian clothes like Haggar Pants Co. The workers in Haggar Pants Co., after a
long strike , threw the union out Melrose Mfg. Co. makes fancy pants and has no
BROWNWOOD MANUFACTURING COMPANY 929
union. Even in the ladies garment industry there are over 100 plants in Dallas, and
only one has a union. That is Nardis. Many years ago I had an interest in Nardis,
but I have had no interest in this concern for many years. It is owned by the Gold
family of Dallas, and the interesting thing about it is that its union contract is not
with this Union but with the International Ladies Garment Workers Union. I do not
know of any ladies garment plant in Texas that this Union represents. The Interna-
tional Ladies Garment Workers Union tried to unionize the Phil Modes plant in
Athens, and was badly beaten, so the workers in Texas do not want Union to repre-
sent them. It should be obvious to you that the purpose of this Union in causing
the agitation here and spending the money that they are spending have no real
interest in you, but are after us and want to cause us all the trouble they can.
I have been told that union organizers in this plant in the course of organization
efforts, have told certain employees that if they did not join the Union that they
would be sorry when the Union won the election because they would not have a job.
First, of all this is not true, you are protected by the right to work law in Texas and
should the Union win the election no one will have to be a member of the Union to
work in this plant. We will continue to retain in our employment our employees
that do not want to join the Union. These threats are typical of the type of coercion
and intimidation that the Union uses in trying to force union membership upon
employees. I have also heard that the union organizers have spread a rumor that
on the day of the election that trucks and trailers will be backed up to the doors of
the plant as a threat on the part of the Company to move the machinery out and
close the plant if employees should vote for the Union. As you all know our usual
practice is to ship out the week's production Friday evenings, therefore, it is quite
possible that trucks will be at the factory on Friday, 25 October 1963, the date set
for the election; however, let me assure you that these trucks will be here for the
sole purpose of shipping merchandise from our production line. Again I must state
that these are typical union tactics that are employed to create doubt, suspicion and
unrest among our employees. Do not be mislead [sic] by such tactics. They can be
harmful to us all.
Now, about your rights. You have a right to join or not to join a union just like
you have the right to chose [sic] a church that you want to belong to. I cannot en-
courage you or discourage you from joining a union. I cannot, nor will I ever, promise
you anything if you join or don't join, but you will never have to belong to a union
to work here. We have a right to work law in Texas and you can work here if you
don't belong to the Union. The basic principle of the right to work law is very
simple. It states that an American citizen has a right to work at a job upon which
he and his employer agree without being forced to belong to a union and pay tribute
to union bosses to whom he is morally opposed. If the Union should win the elec-
tion you won't be fired if you voted against the Union. This will never be a closed
union shop. We will not discriminate against anyone either way. If you have already
signed a union authorization card, for whatever reason, you do not have to vote for
the Union. The election will be by secret ballot and no one will know how you
voted as you do not sign your name to the ballot. This is a free country. Down
here we value our individual rights. We do not give up these rights for false prom-
ises made by a union that produces nothing.
I am not in favor of this Union representing you because it bring nothing but agi-
tation and trouble. The Union loses nothing, the Union produces nothing No
union is going to run this plant, Mr. Miller and I will continue to run it, union or no
union. Even those unions which are infiltrated with Communists do not challenge
the rights of the owners to run the plant.
We have considered this one big family. We have worked together in harmony.
It is best that we continue on as we are going. Do not gamble with your security.
Pray to God that we will have no strife, bickering and strikes here Do not be led
astray by wild promises. Above all, we must protect free enterpise. We must protect
the freedom of the individual. We must make sure that through unions and other
powerful organizations, we do not create a Soviet America.
Thanks.
APPENDIX B
(S) Joseph Sidran,
JOSEPH SIDRAN.
Speech Delivered by Leo Miller, 23 October 1963
There is no question now that the Union will lose the election on Friday. Beginning
Monday you can settle down in peace and harmony as before I am grateful for your
confidence in me. I am grateful that voluntarily a great majority of you have realized
770-076-65-vol. 149-60
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
how much is at stake and have undertaken to fight for your individual rights.'"The
question now is how few votes the Union will get. We want to beat them so bad they
won't come back again.
I do not know of any election that this Union has won in recent years in Texas. If
they have any contracts in Texas, it is with these out of State concerns who have
branches here. If they have any contracts in Texas, it is with plants that make-civilian
clothes, which have a large mark-up, but I know that the Union does, not represent a
single plant in Texas that does Government work like ours. In the civilian field, the
Haggar Pants Company has the biggest pants factory in the South. They do not have
a union contract. Some years ago they had one and there were strikes that went on
for months and the result was that the workers kicked out the union. The workers at
Haggars don't want a union contract. I have already told you that the International
Ladies Garment Workers Union is an entirely different union, but only has one con-
tract out of a hundred plants in Dallas. They got licked in an election down at Athens
not long ago . There must be good reason why the workers in Texas don't want these
unions, you just can't fool Texas folks like you can the radicals in the East.
We are rather in a unique situation in that we do Government work only. There
are only 2 other plants in Texas like this one, and neither of them are unionized.
You know what happened at the Bonham Mfg. Co. where the Union had an election
on May 10th, 1962, they got licked bad. Most of the Government contracts are let to
out of State concerns and therein lies the whole answer. The Union and the out of
State factories don't want us to get Government contracts. The Union wants the
plants to get Government contracts that have contracts with the Union, and where
the union membership is heaviest. I have already told you that these out of State
concerns are underbidding us trying to, break us. I honestly believe that the Union
was sent here by them. I do not know of this Union being active in Texas and trying
to organize any plants in Texas except the three plants that have Government con-
tracts. They got licked in Bonham. They are going to get licked here.
Look at the Union and the money it is spending. They have paid workers here
from St. Louis, Dallas and elsewhere. They brought union lawyers down-here from
Chicago. All of these people probably make more money than either of us. Where
is the money coming from? They tell you that you don't have to pay dues or initiation
fees until the Union gets a contract. The first thing they will do then is demand a
check-off. This is, force us to take the dues and initiation fees out of your wages so
that your take home pay will be less than it is now. They will want to make a collec-
tion agency out of us to be sure you pay them. What will happen to all of these high
pressure workers then? They will go somewhere else.
This Union has its headquarters outside the State of Texas. • It has a president and
many other officials who I am sure draw bid [sic] salaries. I have heard that some
union officials make between $25,000 and $60,000 per year.
The Mc Clellan [sic] committee of the United States Senate found-that some unions
were full of racketeers, gangsters and Communists. Congress had to pass a law pro-
tecting union workers from the union. These are very dangerous days in our country.
The Communists are boring from within and in my opinion , their unions are trying to
take over control of the Government. The other day ex-President Eisenhower said
the greatest threat to our liberties is in the destruction of free enterprise.
Now, as I have explained before, it doesn't make any difference what plants making
civilian clothes pay, what benefits they give, how many lay-offs they have, and how
they cut corners at the expense of the worker. It doesn't make any difference what
the pay is elsewhere. The truth is that if we give more wages and benefits, we will put
ourselves out of business. How could you get a job elsewhere? The minimum pay
here is $50.00 per week. If you don't earn that much, we make up the difference. A
good many of you could not earn $30.00 per week elsewhere. Those of you who are
experienced and skillful make way above the minimum. Of course, a person who can't
make $50.00 per week is easy prey for the Union who tells you that they will get you
something for nothing, who tells you that the Union will equalize the payroll so that
those who are able to earn more will make less and those who can't earn more will
get something for nothing. Don't believe such foolishness. The piece rate basis is
the fairest basis for all. You get what you earn. We cannot change our method of
operation. Those who earn more will get more, those who can't earn more will not
get more given to them. Each worker will get what she earns. No business could
operate on any other basis. Under a union contract we would be forced to discharge
those who could not earn the minimum because we would have to operate on a cold
business basis rather than on the easy going batis'we are operating on now.
I have been particularly happy that'we have been able to give part time work to
college students so that they may get a college education. Some of you are working
also for the same purpose. This is in the best American tradition.
BROWNWOOD MANUFACTURING COMPANY ,931
Some of you have wanted' to know if this Union is part of the Government. Of
course it is not. It is no more a part of the Government than industry is part of the
Government. The Government has set up machinery for determining whether'
workers want the Union to represent them. This is impartial machinery and the
Government does not favor either party. You will recall that President Kennedy told
the steel companies that they should not raise prices, and he also told the unions that
they should not increase wages. The more inflation we have the -less the dollar is
worth, and it could lead to serious consequences.
I have been asked can the Union get us more Government contracts. The answer
is no. These contracts are let to the lowest bidder that can qualify. The truth of the
matter is that if we are put out of business, then the unions can get together and raise
the prices of their bids and it will cost the Government more money to make these
garments. You can see that some of these plants that have have union contracts are
willing to lose money by underbidding us because if they get us out of the way they
could probably make the money back very quickly. It is my earnest conviction that
this Union does not want us to get Government contracts, that if it made a contract
with us it would be for the purpose of forcing us to close down. The bid-factories
that the Union represents are not in Texas. The don't want our competition. There
are various ways a union can destroy us. They can call a strike and seriously delay
us in completing our contracts. You and the Company would be the only losers.
They can try to force us to raise wages so that we cannot be competitive. You and
the Company would be the only ones to suffer. The Union produces nothing. It pays
nothing. All it does is to collect dues and initiation fees.
Now, the Union continues to tell you that if you vote against it you will be fired.
I have already explained to you that you do not have to belong the the Union to
work here. Your rights will be protected. The Union is telling you that the union
members will get raises and the nonunion members won't. That would be discrimina-
tion, and a violation of the law.
I have been asked whether the union agitators in this plant get paid by the Union.
I don't know, but considering the vast amount of money that the Union-is spending,
it seems reasonable to believe that they would spend some'of it in the factory.
Some of you signed union cards without thinking, or because you were pressured
into it, and for other reasons. I can understand how hard it is to say no to people
that come to see you, or to workers in this factory who are soliciting for the Union
after listening to all the things that they say they cin do for you. I am sure that most
of you know bettet now, but you do not have to vote for the Union if you signed a
union card. The vote is secret and no one will know how you voted. You can vote
as your conscience dictates, regardless of what you signed or said. Don't let anybody
intimidate you or scare you. Remember that now you don't have to pay dues to
anyone. You don't have to worry about strikes. You don't have to take orders from
union bosses. You know now that the Union can do nothing for you. If you signed
a union card you don't have to vote for, the Union. If you, signed a' union card- and
vote against the Union, and the Union wins, which it cannot do, you will keep your
job. You will never have to belong to the Union to work here. The Union can't get
you higher wages or more benefits. All it can get you is trouble. It can do nothing
for you.
If you have any doubts about these matters, talk it over with your husbands, your
preacher, your banker, or the man you trade with.
I want everybody to vote. I expect at least 90% of you to vote NO.
Thank you for your attention, and your confidence in me.
LEO MILLER.
APPENDIX C
Speech Delivered by Joseph Sidran, 24 October 1963
This is my last speech to you concerning the election Friday. I am gratified that
my confidence and belief in you have been justified. There is no question that the
Union will lose the election Friday. I have felt all along that if you were given the
facts, you would vote against the Union. Why then this last speech? I just wanted
to reassure you. I want you to be on your guard against last minute misrepresenta-
tions. Also, I want to explain the election procedure.
I want everyone to vote. I want this election to be a fair expression of all of'you.
I expect it will be overwhelmingly against the Union. If the Union gets more than
20 votes I will be disappointed. If you don't vote, your failure may cause a result
you don't want.
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On the bulletin board there is a notice of the election and it describes what the
laws are under the National Labor Relations Act, and how the election will be con-
ducted. There has been prepared a list of all of you who will be entitled to vote.
When you go to vote, you will find that there will be a representative of the Board,
the Company and the Union. You will be asked to give your name so it can be
checked off the list. The representative of the Board will give you a ballot. A sam-
ple of this ballot is on the bulletin board. This ballot will state that this is a secret
ballot and for you not to sign your name. On your ballot there will appear the
question of whether you want this Union to represent you or not, and the ballot will
have a YES or NO on it. If you want the Union to represent you, you will make a
cross mark in the square under yes, and if you do not want the Union to represent
you and want the Company to win, which I am sure you do, you will make a cross
mark in the square under NO. After you have voted, you will fold the ballot so no
one can see how you have voted, and put it in the ballot box. There is no way that
anyone can tell how you have voted 'after you have deposited your ballot in the
ballot box. After all of you have voted, the polls will be closed and the ballots will
be counted. To win, the Union must get 51% of the ballots cast. I am sure the
Union can't win.
You see, therefore, the election will be conducted in a fair and impartial way,
and you will be given absolute freedom to express yourselves without coercion on
anybody's part. The handling of an election in this manner is almost the same as
handling an election for the city, county or State where they do not have voting
machines. This is the democratic way to do things. We ought to be thankful that
we live in a country where we can express our views and where the majority controls.
It does not make any difference what you have thought in the past or what you
have said in the past. It is what you do on Friday that counts. Cast your ballot as
you fee, without fear or favor, regardless of whether or not you belong to the Union
and regardless of whether or not you have signed an application card to the Union
or an authorization card or anything else. You have a perfect right to disregard
anything to have said or-done up to that time and vote your convictions no matter
what your reasons may have been at the time of signing up with the Union, whether
you wanted to, were talked into'it against your will, whatever the reason, you don't
have to vote for the Union in the secret election. You can vote NO like more of
the other workers are going to. Whatever the returns are, I will abide by them. I
am deeply concerned that if you vote for the Union you are going to injure yourself
and the Company. I feel from the bottom of my heart that there ought not to be a
change. That you should not gamble with what you now have.
I have never had unrest and labor agitation here before. It has been stirred up by
outsiders. This Union has a lot of paid workers. They contact you in the factory
and at home. I must rely upon your good common sense.
I have told you before that this Union can do nothing for you but make trouble.
That it will want you to give up your individual rights to come to us and work out
your problems with us. It will want you to pay dues and assessments and be subject
to its rules and regulations. It means that you will be paying money to support
officials of the Union who don't even live in Texas It means that if the Union wins
and we cannot reach an agreement that there will be strikes and strife and trouble.
I prefer the easy going relationship we now have and the close personal contact with
each of you. I prefer that we go on like we are, without trouble or strikes. Strikers
draw no pay and they receive no unemployment compensation. The Union doesn't
pay wages, the Union doesn't own plants, the Union doesn't get jobs or business. It
does nothing productive. When you come to me with your personal troubles, I help
you all I can. You don't want to give up your individual rights and let outsiders
bargain for you.
The present way is best for you. You don't have to pay dues to anyone You
don't have to be worried about strikes. You don't have to take orders from union
bosses. You don't have to ask a union when you have something to discuss with us.
The truth is that the Union cannot promise you anything because it is the Company
that provides the jobs, and the benefits, and the wages. So, be sure and cast your
ballot. Vote against the Union representing you. No one is going to be fired for
voting against the Union, nor is anyone going to be fired for voting otherwise. No
one is going to be discriminated against either way.
Now, I want to repeat some basic facts. You have a right to join or not join a
union , but no one will ever have to belong to a union to work here. No one will
ever be fired because he belongs or does not belong to a union This will never be
a closed union shop. We will continue to run this plant, union or no union. The
Union cannot take over our right to run this plant. If the Union wins, it cannot
force us to fire those who voted against the Union. No worker who has signed a
BOOT-STER MANUFACTURING COMPAN Y, INC. 933
union card is required to vote for the Union . We believe you have confidence in
us when it really matters-down to the final windup . The question is whether you
would rather have outsiders represent you or whether you would rather have us as
your leaders . We feel that a vote for the Union is a vote against us.
Now let's not gamble with your jobs and your security. A big vote against. the
Union will end all the trouble and unrest and after the election we can go on just
like we have been. We have given you the facts. We know that you will show your
confidence in us so that we can continue to work here for your interests and that of
the Company. You have as good a deal now as you can get. Be right and vote right.
Check NO on the right side of the ballot.
Thank you.
(S) Joseph Sidran,
JOSEPH SIDRAN.
Boot-Ster Manufacturing Company, Inc. and United Rubber,
Cork, Linoleum and Plastic Workers Union , AFL-CIO, affili-
ated with United Rubber , Cork, Linoleum & Plastic Workers
of America, AFL-CIO. Case No. 26-CA-1679. November 20,
1964
DECISION AND ORDER
On July 15, 1964, Trial Examiner Morton D. Friedman issued his
Decision in the above-entitled proceeding, finding that the Respond-
ent had engaged in and was engaging in certain unfair labor prac
tices in violation of the Act and recommending that the Respondent
cease and desist therefrom and take certain affirmative action, as set
forth in the attached Trial Examiner's Decision. The Trial Exam-
iner also found that the Respondent had not engaged in certain other
unfair labor practices as alleged in the complaint and he recom-
mended that the complaint be dismissed as to them. Thereafter, the
Respondent filed exceptions to the Trial Examiner's Decision and a
:supporting brief.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman McCulloch and Members Leedom and
Brown].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the entire
record in this case, including the Trial Examiner's Decision, the
exceptions, and brief, and hereby adopts the findings, conclusions,
and recommendations of the Trial Examiner with the following
modification?
1 Member Leedom does not reach , and therefore does not pass on , the question as to
whether the Respondent ' s speeches , and its remarks incident thereto , made during the
period between October 7 and 17 , 1983, standing alone, were violative of Section '8(a) (1)
of the Act , as he believes that, in the light of the Respondent's contemporaneous coercive
statements to employees , involving similar remarks , which the Board is finding herein vio-
lated Section 8(a) (1), the Respondent 's speeches take on a coercive connotation and hence
are unlawful. See Member Leedom's separate views as expressed in Brownloood Manu-
facturing Company, 149 NLRB 921.
149 NLRB No. 91.