Chopak Textile Corp.

National Labor Relations Board - Board Decisions

Nov 19, 1938

9 N.L.R.B. 1002 (N.L.R.B. 1938)

In the Matter of CHOPAK TEXTILE CORPORATION, DEMAREST SILK MILL,
INC., SYNTEX FABRICS, INC. and TEXTILE WORKERS ORGANIZING
COMMITTEE AFFILIATED WITH THE C. I. O.
Case No. C-909.-Decided November 19, 1938
Textile Industry-Settlement : stipulation providing , for reinstatement of dis-
charged employees . and withdrawal of recognition of company -dominated
union-Order : entered on stipulation-Unfair Labor Practices : Complaint dis-
missed as to, without prejudice, as to one respondent. - -
Mr. Jack Davis, for •the .'Board.
Mr. N. A. Nicholson, of Williamsport, Pa'.; for • the respondent
Demarest:'
Mr. Alfred DiCensoy, of Williamsport, Pa., fo the respondent
Syntex. I 11 • '
Mr. Ernest •De •Guilio,• of Williamsport, Pa.; for "the T. W. O. C.
Mr. Lanydon Vest, of counsel to the Board. ti
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Textile Workers
Organizing Committee, herein called the T. W. O. C., affiliated with
the C. I. O., the National Labor Relations Board, herein called the
Board, by the Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania) issued its complaint dated July 21, 1938, against
Chopak Textile Corporation, New York City, Demarest Silk Mill,
Inc., Williamsport, Pennsylvania, and Syntex Fabrics, Inc., Williams-
port, Pennsylvania, herein called the respondent Chopak, the re-
spondent Demarest, and the respondent Syntex, respectively, and the
respondents collectively, alleging that the respondents have engaged
in and were engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1), (2), and (3) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. The complaint and notice of hearing thereon were
duly served upon the respondents and the T. W. O. C.
9 N. L. It . B., No. 92.
1002
-DECISIONS AND ORDERS 1003
Concerning the unfair labor' practices the complaint alleged, in' sub-
stance, that the- respondent Demarest and' the respondent- Syntex are
corporate affiliates of the respondent Chopak arid are under its control
and domination, that the respondents terminated the employment of
and refused to reinstate 22 named employees because they were mem-
bers of the T. W: O. C. and engaged in concerted activities with
other employees of the respondents at their Williamsport plant for
the purposes of collective bargaining and other mutual aid and pro-
tection; that the respondents dominated and interfered with the for-
mation and administration of a labor organization among their em-
ployees at the Williamsport plant known as the Demarest Silk Com-
pany Employees Association; and that the respondents, by the afore-
said acts and in addition, by speeches, statements, threats, and other
acts, interfered with, restrained, and coerced their employees in the
exercise of the rights guaranteed in Section 7 of the Act.
On July 29, 1938, the Regional Director notified the parties that the
scheduled hearing, had been postponed indefinitely. On August 1,
1938, the respondent Demarest, the respondent Syntex, the T. W. O. C.,
and counsel for the Board entered into a stipulation in settlement of
the case. On August 5, 1938, the stipulation, the charge, the com-
plaint, notice of hearing, and National Labor Relations Board Rules
and Regulations-Series 1, as amended, were filed with the Chief
Trial Examiner of the Board at Washington, D. C., and thereby be-
came part of the, record in the case pursuant to the terms of the stipu-
lation. This stipulation provides as follows :
It is hereby stipulated and agreed by and between Demarest
Silk Mill, Inc., and Syntex Fabrics, Inc., two of the respondents
herein, hereinafter referred to as the respondents, Textile Work-
ers Organizing Committee, a party herein, and Jack Davis, at-
torney for the National Labor Relations Board, that :
1. Upon charges duly filed by the Textile Workers Organizing
Committee, affiliated with the C. I. 0., the National Labor Rela-
tions Board by the Regional Director for the Fourth Region,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act, 49 Stat. 449, and its Rules and
Regulations, Series 1, Article 4, Section 1, issued its complaint
on the 21st day of July, 1938, against Chopak Textile Corpora-
tion, Demarest Silk Mill, Inc., and Syntex Fabrics, Inc.,
respondents therein.
2. The respondent, Demarest Silk Mill, Inc., is and has been
since on or about September 15, 1916, a corporation organized
and existing by virtue of the laws of the State of Pennsylvania,
having its office and place of business in the City of Williams-
port, Lycoming County, Commonwealth of Pennsylvania, and
1004 NATIONAL LABOR RELATIONS BOARD
was and has been up to on or about July 12, 1938, continuously
engaged at its place of business in the City of Williamsport,
Lycoming County, Commonwealth of Pennsylvania,, hereinafter
called the Williamsport plant, in the manufacture, sale and dis-
tribution of broad silk and rayon cloth.
3. The respondent, Demarest Silk Mill, Inc., in the course and
conduct of its operations at the Williamsport plant used, among
other things, the following raw materials : silk and rayon yarn,
and acquired all of said raw materials in States of the United
States, other than the State of Pennsylvania, and in the course
and conduct of the operations of said plant, has continuously
caused all of said raw materials to be transported in interstate
commerce from and through states of the United States, other
than the State of Pennsylvania to the Williamsport plant in the
Commonwealth of Pennsylvania, and there these raw materials
were manufactured by the respondent, Demarest Silk Mill, Inc.,
into broad silk and rayon cloth.
4. The respondent, Demarest Silk Mill, Inc., manufactured the
products set forth above in: paragraph 3 at the Williamsport
plant and continuously caused all of these products produced by
it to be sold and transported in interstate commerce from the
Williamsport plant to, into and through States of the United
States other than the Commonwealth of Pennsylvania.
5. The respondent, Syntex Fabrics, Inc., is and has been since
on or about July 12th, 1938, a corporation organized and exist-
ing by virtue of the laws of the State of Pennsylvania, having
its office and place of business in the City of Williamsport, Ly-
coming County, Commonwealth of Pennsylvania, and is now,
and has continuously engaged in its place of business in the City
of Williamsport, Lycoming County, Commonwealth of Pennsyl-
vania, hereinafter called th6 Williamsport plant, in the manufac-
ture, sale and distribution of broad silk and rayon cloth, the
said plant being the same plant and a continuation of the opera-
tions of the Williamsport plant referred to in paragraph 2
hereof.
6. The respondent, Syntex Fabrics, Inc., since on or about
July 12, 1938, manufactured and continues to manufacture the
-products set forth above in paragraph 3 at the Williamsport
plant and causes and has continuously caused all of these prod-
ucts produced by it to be sold and transported in interstate com-
merce from the Williamsport plant to, into and through states
of the United States, other than the Commonwealth of Penn-
sylvania.
DECISIONS AND ORDERS 1005
7. The respondent, Syntex Fabrics, Inc., in the course and
conduct of its operations at the Williamsport plant, uses and has
used, among other things, the following raw materials : silk and
rayon yarn in the manufacture of broad silk and rayon cloth,
and acquires all of the said raw materials in States of the United
States, other than the State of Pennsylvania, and in the course
and conduct of the operations of said plant, causes and has con-
tinuously caused all of its raw materials to be transported in
interstate commerce from and through States of the United
States, other than the State of Pennsylvania, to the Williams-
port plant in the Commonwealth of Pennsylvania, and there these
raw materials are manufactured by the respondent, Syntex Fab-
rics, Inc., into broad silk and rayon cloth.
8. The respondent, Demarest Silk Mill, Inc., was, up to on or
about July 12, 1938, engaged in interstate commerce within the
meaning of the National Labor Relations Act and Decisions of
the United States Supreme Court thereunder.
9. The respondent, Syntex Fabrics, Inc., is engaged in inter-
state commerce within the meaning of the National Labor Rela-
tions Act and Decisions of the United States Supreme Court
thereunder.
10. The Textile Workers Organizing Committee is a labor or-
ganization affiliated with the Committee for Industrial Organi-
zation, admitting to its membership employees of the re-
spondents.
11. This stipulation,, together with the charge, complaint, no-
tice of hearing and Rules and Regulations of the National Labor
Relations Board, may be introduced as evidence by filing them
with the Chief Trial Examiner of the National Labor Relations
Board at Washington, D. C.
12. Upon this stipulation, if approved by the National Labor
Relations Board, an order may forthwith be entered by said
Board, providing as follows :
(1) Respondents, Demarest Silk Mill, Inc., a corporation, and
Syntex Fabrics, Inc., a corporation, their officers, agents, succes-
sors and assigns, shall cease and desist :
(a) from in any manner interfering with, restraining, or co-
ercing 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 or other mutual aid or protection, as guaranteed in
Section 7 of the Act;
1006 NATIONAL LABOR RELATIONS BOARD
(b) from discouraging membership in the Textile Workers
Organizing Committee, affiliated with the C. I. 0., or any other
labor organization of its employees, or encouraging membership
in the Demarest Silk Company Employees Association or any
other labor organization of its employees, by discriminating
against employees in regard to hire or tenure of employment or
any conditions of employment;
(c) from in any manner dominating or interfering with the
administration of the Demarest Silk Company Employees As-
sociation, or with the formation or administration of any other
labor organization of its employees, and from contributing aid
or support to said organization; from recognizing or dealing
in any manner with the Demarest Silk Company Employees
Association, or any group purporting to represent said organi-
zation; or from forming or maintaining any groups or designat-
ing any individuals to act as the representatives of the -employees
for the purposes of collective- bargaining respecting any of the
terms or conditions of employment;
(2) The respondents shall take the following affirmative
action to effectuate the purpose of the National Labor Relations
Act :
(a) that the respondents, shall offer to each of the employees
named in Exhibit "A",1 annexed hereto and made a part hereof,
on or before August 5th, 1938, immediate and full reinstatement
to their former positions at the Williamsport plant without loss
of seniority, to such extent as previously enjoyed by them, and
at the prevailing wages at the Williamsport plant and without
prejudice to any rights and privileges previously enjoyed by
them and which are now enjoyed by those presently employed
in like positions and shall upon their application in the customary
manner for employment with respondents, so reinstate them;
(b) withdraw all recognition from and disestablish the
Demarest Silk Company Employees Association as the repre-
sentative of their employees or any of them for the purpose of
dealing with the respondents concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment and other
conditions of employment;
(c) inform in writing the officers of the Demarest Silk Com-
pany Employees Association that respondents will not in any
manner deal with or recognize the Demarest Silk Company Em-
ployees Association ;
(d) inform all of its officials and agents, including superin-
tendents and foremen and other supervisory employees, that they
1 Exhibit "A " of the stipulation is identical with appendix "A" of the Board's order,
below, and is, therefore , omitted here.
DECISIONS AND ORDERS 1007
shall not in any manner approach employees concerning or dis-
cuss with the employees the question of their labor affiliation or
threaten employees in any manner because of their membership
in any labor organization in general, or the Textile Workers
Organizing Committee, affiliated with the C. I. 0., in particular;
(e) post and keep visible in a prominent place in each depart-
ment of the Williamsport plant for a period of thirty consecutive
days, copy of the notice marked Exhibit "B",2 annexed hereto
and made a part hereof;
(f) post and keep visible in a prominent place in each depart-
ment of the Williamsport plant for a period of thirty days after
receipt, copies of the order to be entered by the National Labor
Relations Board;
(g) respondents shall notify the Regional Director for the
Fourth Region of compliance with the foregoing order within
thirty days from the date of its entry by the Board;
13. It is further stipulated and agreed that any Circuit Court
of Appeals of the United States may upon application by the
National Labor Relations Board, enter a Decree enforcing any
order of the Board in the form above set out, respondents hereby
expressly waiving their rights to contest the entry of such Decree
in any Circuit Court of Appeals of the United States and further
expressly waiving their rights to receive notice of the filing by
the National Labor Relations Board of an application for the
entry of such a Decree.
14. It is further stipulated and agreed that the National Labor
Relations Board reserved the right to proceed on its complaint
and in any other way or manner against the Chopak Textile Cor-
poration, respondent. It, is not intended, however, that this
stipulation shall be an admission against, or affect the rights of
the Chopak Textile Corporation.
15. This stipulation is made with Syntex Fabrics, Inc., and
Demarest Silk Mill, Inc., severally and not jointly, and by the
terms hereof shall not be deemed to conclude that either has been
or in the future shall be responsible for the acts of the other.
16. It is further stipulated and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
On September 22, 1938, the Board issued its order approving the
above stipulation, making it part of the record in the case, and trans-
ferring the proceeding to the Board for the purpose of entry of a
decision and order by the Board.
2 Exhibit "B" of the stipulation is identical with appendix "B" of the Board's order
below, and is, therefore , omitted here.
1008 NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
The respondent Demarest, a Pennsylvania corporation, has its
principal office and place of business at Williamsport, Pennsylvania.
It was engaged in the manufacture, sale, and distribution of broad
silk and rayon cloth from the year 1916 up to about July 12, 1938.
The respondent Syntex, a Pennsylvania corporation, is the suc-
cessor to the respondent Demarest. Since about July 12, 1938, it has
occupied the same plant and has continued the operations formerly
engaged in by the respondent Demarest.
Silk and rayon yarn are the raw materials used in the operations
of both respondents. All such raw materials were secured by the
respondent Demarest and are secured by the respondent Syntex from
points outside of the State of Pennsylvania. All finished products
of the respondent Demarest were shipped and of the respondent Syn-
tex are shipped to points outside the State of Pennsylvania. The
respondent Demarest stipulated that it was and the respondent-Syn-
tex stipulated that it is engaged in interstate commerce within the
meaning of the Act.
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
National Labor Relations At. the National Labor Relations Board
.hereby orders that Demarest Silk Mill, Inc., Williamsport, Pennsyl-
vania, and Syntex Fabrics, Inc., Williamsport, Pennsylvania, their
.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
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;
(b) Discouraging membership in the Textile Workers Organizing
Committee, affiliated with the C. I. 0., or any other labor organiza-
tion of its employees, or encouraging membership in the Demarest
Silk Company Employees Association or any other labor organiza-
tion of its employees, by discriminating against employees in regard
to hire or tenure of employment or any condition of employment;
DECISIONS AND ORDERS 1009
(c) In any manner dominating or interfering with the- admin-
istration of the Demarest Silk Company Employees Association, or
with the formation or administration of any other labor organiza-
tion of its employees, and from contributing aid or support to said
-organization; from recognizing or dealing in any manlier with the
Demarest Silk Company Employees Association, or any group pur-
porting to represent said organization; or from forming or maintain-
ing any groups or designating any individuals to act as the repre-
sentatives of the employees for the purposes of collective bargaining
respecting any of the terms or conditions of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to each of the employees named in appendix "A",
annexed hereto and made a part hereof, on or before August 5, 1938,
immediate and full reinstatement to their former positions at the
Williamsport plant without loss of seniority, to such extent as pre-
viously enjoyed by them, and at the prevailing wages at the Williams-
port plant and without prejudice to any rights and privileges pre-
viously enjoyed by them. and which are now enjoyed by those pres-
ently-employed in like positions and shall upon their application
in_ the customary manner for employment with respondents, so rein-
state them;
,(b) Withdraw all recognition from and disestablish the Demarest
Silk Company. Employees Association as the representative of their
employees or any of them for' the purpose- of dealing with the
respondents concerning' grievances, labor disputes, wages, rates of
pay, hours of employment, and .other conditions, of employment;
(c) Inform in writing the officers of the Demarest Silk Company
Employees Association that respondents will not in any manner
deal with or recognize the Demarest Silk, Company Employees Asso-
- ciation ;
(d) Inform all of its officials and agents, including superintendents
and foremen- and other- supervisory employees, that they shall not
in any manner approach employees concerning or discuss with the
employees the question of their labor affiliation or threaten employees
in any manner because of their membership in any labor organization
in general, or the Textile Workers Organizing Committee, affiliated
with the C. I. 0., in particular;
(e) Post and keep visible in a prominent place in each department
of the Williamsport plant for a period of 30 consecutive days, copy
of the notice marked appendix "B", annexed hereto and made a part
hereof;
(f) Post and keep visible in a prominent place in each depart-
ment of the Williamsport plant for a period of 30 days after receipt,
copies of this Order;
1010 NATIONAL LABOR RELATIONS BOARD
(g) Notify the Regional Director for the Fourth Region of com-
pliance with the foregoing order within 30 days from the date of its
entry by the Board.
And it is further ordered that the complaint in so far as it relates
to the respondent Chopak Textile Corporation be and it hereby is
dismissed without prejudice.
APPENDIX "A"
Keith Spiegel
Margaret E. Clark
Frank W. Glosser
Melvin E. Person
William Johnson
Arthur B. Carson
Edgar Scaife
George B. Williams
Robert IT. Felter
Carl Van Emon
Charles S. Dempsey
Edward T. Dempsey
Robert Compton
James Taylor
Raymond Wagner
R. B. Stark
Harold Secules
George Day
Edith Maynard
Walter Hartley
Charles Goodfellow
Robert Holtzappel
APPENDIX "B"
The Demarest Silk Mill, Inc., and Syntex Fabrics, Inc., will not
interfere with, restrain or coerce its employees in the exercise of their
right to self-organization, to form, or assist labor organizations, to
bargain collectively through representatives of their own choosing,
and to engage in concerted activities for the purposes of collective
bargaining or other mutual aid and protection, as guaranteed under
Section 7 of the National Labor 'Relations Act.
The Demarest Silk 'Mill, Inc., and, Syntex Fabrics, Inc., will not
discriminate in regard to hire or 'tenure -of employment or any term
or condition of:employment td discourage or encourage membership
in the Textile Workers Organizing Committee, affiliated with the
C. I. O.; or any other organization.
DEMAREST SILK MILL, INC.
SYNTEx FABRICS, INC.