David Strain Co., Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1938

8 N.L.R.B. 310 (N.L.R.B. 1938)

In the Matter of DAVID STRAIN COMPANY. INC. and INTERNATIONAL
LADIES' GARMENT WORKERS' UNION
Case No. C-373-Decided July 18, 1938
Ladies Wearing Apparel Manufacturing Industry-Interference, Restraint,
and Coercion: questioning employees regarding union affiliation and activity;
discrediting union and union organizers-Company-Dominated Union: domina-
tion of and interference with formation and administration ; support ; activity of
supervisory employees ; acquiescence in organizing activities during working
hours; disestablished, as collective bargaining representative-Discrimination:
omission to recall one employee after lay-off ; charges of, not sustained as to
three employees-Reinstatement ordered-Back Pay: awarded.
Mr. Mark Lauter, for the Board.
Goldstein cC Goldstein, by Mr. Joseph W. Ferris, of New York City,
and Co fn, Coffin ct Inman, by Mr. Tristram Co fftn and Mr. George
Inman, of Hudson, N. Y., for the respondent.
Mr. Elias Lieberman, of New York City, for the I. L. G. W. U.
Mr. Richards A. Perkins, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Ladies' Garment Workers' Union, herein called the I. L. G. W. U.,
the National Labor Relations Board, herein called the Board, by
Elinore M. Herrick, Regional Director for the Second Region (New
York City), issued its complaint dated November 19, 1937, against
David Strain Company, Inc., Philmont, New York, herein called the
respondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce, within the mean-
ing 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 alleged, in substance, that the respondent had dis-
charged Carrie Bishop, Bertha Bishop, Jessie Capello, and Grace Cole,
and refused to reinstate them because they had joined and assisted the
8 N. L. R. B., No. 36.
310
DECISIONS AND ORDERS 311
I. L. G. W.U., that the respondent had dominated and interfered with
the formation and administration of Philmont Undergarment & Tex-
tile Union, herein called the Philmont Union, and contributed sup-
port thereto, and that by the aforesaid acts the respondent had inter-
fered with, restrained, and coerced its employees in the exercise of the
rights guaranteed in-Section 7 of the Act. Copies of the complaint
and notice of hearing thereon were duly served upon the respondent,
the I. L. G. W. U., and the Philmont Union. On November 26, 1937,
the respondent filed an answer in which it denied the material aver-
ments of the complaint.
Pursuant to notice, a hearing was held on December 2 and 3, 1937, at
Hudson, New York, before Isaac C. Sutton, the Trial Examiner duly
designated by the Board. The Board and the respondent were repre-
sented by counsel, participated in the hearing, and were afforded full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing on the issues.
During the course of the hearing, the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The respondent moved for dismissal of the complaint on the ground,
inter alia, that its business was intrastate in character and was not
subject to the provisions of the Act. The Trial Examiner reserved his
ruling on the motion to dismiss the complaint, and overruled it in his
Intermediate Report. The Board has reviewed these and other rul-
ings and finds that no prejudicial errors were committed. The rul-
ings are hereby affirmed.
On January 19, 1938, the Trial Examiner filed his Intermediate
Report, in which he found that the respondent had engaged in and
was 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 Act. The respondent filed exceptions to the Intermediate Report
and requested an opportunity to argue the exceptions before the
Board. On February 28, 1938, counsel for the respondent and for
the I. L. G. W. U. orally argued the exceptions before the Board in
Washington, D. C., and the respondent filed a brief, to which we have
given due consideration.
At the oral argument before the Board the respondent's counsel
moved for leave to file a summary of pay-roll statistics relating to the
respondent's plant. The motion was then taken under advisement,
and is hereby denied. Such new evidence should have been offered
before the Trial Examiner, when opposing parties had the opportunity
to cross-examine.
The Board has considered the exceptions to the Intermediate Report,
and, save as consistent with the findings, conclusions, and order here-
inafter set forth, finds them to be without merit.
312 NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
David Strain Company, Inc., a New York corporation, manufactures
women's garments at its factory in Philmont, New York. The re-
spondent operates what is known as a "contract shop," that is, it cuts
and sews garments from materials furnished by other business estab-
lishments which distribute the finished products at wholesale under
their own labels or the labels of retailers. During the period from
May 1 to November 1, 1937, the respondent's gross business amounted
to about $60,000. Practically all of the respondent's operations for
this period were upon contract with Collegiate Manufacturing Com-
pany, Inc., a New York corporation herein called Collegiate, with its
principal offices in New York City. The only other customer of the
respondent for this period was Henry Hadad Company, Inc., herein
called the Hadad Company, likewise a New York corporation with
principal offices in New York City. It was estimated by the respond-
ent's president that during the year preceding the hearing the respond-
ent had done about $1,000 worth of work for the Hadad Company.
The capital stock of the respondent is held by David Strain, Mitchell
E. Hadad, Henry Hadad, and Theodore J. Smutny in equal shares.
Strain is president, Henry Hadad vice president, Mitchell E. Hadad
secretary, and Smutny treasurer.
Henry Hadad is president of Collegiate. Smutny is its vice presi-
dent and Mitchell E. Hadad its secretary-treasurer. Collegiate main-
tains a stockroom and a showroom in New York City where it employs
about 20 persons at designing, bookkeeping, and selling. This cor-
poration during the period from May 1 to November 1, 1937, pur-
chased $144,000 worth of raw materials, including rayon, celanese,
batiste, and cotton goods. Most of these raw materials originated out-
side of New York. During the same period Collegiate sold $220,000
worth of finished goods. Of this total, goods to the value of $180,000
were sold to purchasers outside the State of New York. At the oral
argument before the Board the respondent's counsel stated that most
of the goods processed for Collegiate by the respondent are sold to
purchasers in States other than New York.
The respondent employs from 48 to 257 persons at its plant, depend-
ing on seasonal fluctuations in its business.
II. THE ORGANIZATIONS INVOLVED
International Ladies' Garment Workers' Union is a labor organiza-
tion affiliated with the Committee for Industrial Organization. The
I. L. G. W. U. admits to its membership employees of the respondent.
DECISIONS AND ORDERS 313
Philmont Undergarment & Textile Union is an unaffiliated labor
organization. According to its bylaws, it admits to membership "any
person engaged in the textile industry of the United States," excluding
company executives, foremen, officers, directors, and agents, and any-
one having the power to hire or discharge employees. - So far as the
record shows, only employees of the respondent are members of the
Philmont Union.
III. THE UNFAIR LABOR PRACTICES
A. Interference, restraint, and coercion
Prior to 1937 there was no labor organization among the respond-
ent's employees. The I. L. G. W. U. commenced organizing the
employees in the spring of 1937, and had about 35 members at most
during the- period we are to consider. It does not appear that at the
time of the alleged unfair labor practices the I. L. G. W. U. had yet
organized a local union among the respondent's employees or that it
had approached the respondent's officers to ask recognition or to open
negotiations. The I. L. G. W. U. was only in its initial stage of organi-
zation during the period here in question. Yet David Strain, president
of the respondent and manager of its plant, became alert to investigate
indications of union activity, and on various occasions during the
period herein discussed questioned individual employees regarding
their union affiliation.
Grace Cole applied to Strain for employment about January 1,
1937, and was put to work. About 3 days later Strain told her that
Elton Palmer, the foreman, wanted to see her. She went to Palmer,
who asked her if she belonged to the "C. I. O. Union." She replied
that she did not, whereupon Palmer said that was all he wanted to
know, and sent her back to work. The evidence to this effect was
uncontradicted.
Jessie Capello joined the I. L. G. W. U. in April 1937. On June 4,
Strain asked her if she was "in the habit of entertaining the union
girls." She replied that she had.invited some girls to her home, and
that a Miss Danforth, an organizer for the I. L. G. W. U., was among
them, but that the gathering was for social purposes only and that
there was no talk about the union. On June 7, Strain asked her what
the girls were complaining about at union meetings. She replied that
she had not heard them complaining about anything much. On
another occasion Strain asked Capello where and at what time the
union (meaning the I. L. G. W. U.) was going to hold its meeting in
Hudson, New York, evidently referring to a meeting to be held that
same day. She told him it would be at 8 o'clock at the Maccabees
314 NATIONAL LABOR RELATIONS BOARD
Hall. The next morning Strain asked her if she had attended the
meeting, and she replied that she had not. Strain did not deny the
occurrence of the above incidents related by Capello. In general he
seems to have regarded his curiosity concerning his employees' union
activity and his mode of satisfying it as entirely legitimate.
In a small, unorganized plant such as that of the respondent, few
instances such as those above recounted, where the chief officer of the
employer corporation is involved, are required to indicate to employees
their employer's attitude and to suggest that their activities are under
observation. That such interrogation of employees concerning union
activities constitutes interference with, coercion, and restraint of
employees in the exercise of the rights guaranteed by Section 7 of
the Act we have often held,' and we so find here.
B. Formation of the Philmont Union
On June 11, against such a background of interference the Phil-
mont Union came into existence. On the morning of the day, during
working hours at the plant, Esther Barnum gathered a group of fellow
employees, including Carney Giannattasio, Stanley Stickles, Bea
Bame, Grace Panigot, and Thomas Robertson, and went with them
by automobile to Hudson, a nearby town, to ask William E. J. Connor,
an attorney, how to form an unaffiliated labor organization. Mrs.
Barnum testified that the idea was her own, gained from reading
newspaper accounts of similar "inside" unions, and that nobody from
the management of the respondent had suggested this step. Connor
drew up a petition calling for the formation of the Philmont Under-
garment Association and authorizing the group then conferring with
him to act as a committee to prepare bylaws for the new organization.
The group then returned to the plant. None of them had punched
out on the time clock for the time during which they were absent.
Mrs. Barnum and Grace Panigot were employed at piece work, so
that they took the time off at their own expense. According to the
practice of the respondent's factory, however, piece workers punched
the clock and their time was recorded for statistical purposes. Mrs.
Barnum testified that the group had sneaked out the back door of
the factory to make the trip to Hudson. Robertson, Stickles, and
Giannattasio were hourly paid workers. The time cards of Barnum,
Panigot, and Stickles bear a penciled notation "out 9:00-11: 00" for
the morning of June 11. Strain testified that he first heard a rumor
of the movement to form an "inside" union just before noon on that
day. He said he found out later that several employees had been
absent without punching out, and he instructed his pay-roll clerk to
'see Batter of The Associated Press and American Newspaper Guild, 1 N. L. It. B. 788.
I
DECISIONS AND ORDERS 315
ascertain who was absent and for how long and to deduct this time
from the time shown on the cards. The cards of Giannattasio and
Robertson show no deduction for the morning of June 11.
After the committee returned to the factory from the attorney's
office, the word was spread among the employees that a meeting would
be held during the lunch hour that day at the Maccabees Hall in Phil-
mont. Carrie Bishop testified that Strain notified her at noon that
the meeting was to take place. Strain denied that he had so notified
her. We do not find that Carrie Bishop's version is to be preferred.
Jessie Capello testified that Beulah Hallenbach, a forelady or
teacher, announced the meeting at the table where Capello was work-
ing. Hallenbach denied this. We believe Capello, for the reason that
Hallenbach testified concerning a later event, to which we shall refer
below, in direct contradiction of three apparently credible witnesses.
Hallenbach testified that she was a teacher, not a forelady, and that
her duties were to "teach the girls, and see that they have things they
need." Strain stated that she was not a forelady. However, four
employees testified that she was a forelady, and it is evident that her
activities were such as to clothe her with the apparent authority which
the employees attributed to her. We find that Beulah Hallenbach was
a supervisory employee.
The meeting commenced at about 12:45 p. in. at the Maccabees
Hall. Giannattasio read the petition which Connor had prepared,
and about 158 employees signed it. Among the signers, was Ruth
Sears, described by Strain as the "No. 1 girl in the office" and who
was secretary to Strain. Three witnesses, Carrie Bishop, Bertha
Bishop, and Anna Drabic, testified that Beulah Hallenbach was pres-
ent and participated in the noon meeting. Hallenbach denied that she
had been present. Her time card for that day indicates that the
time punched in after the lunch hour has been obliterated and the
figures "1: 00" written over in pencil. She testified that she did not
make this notation, and did not know who did make it. The Trial
Examiner found that she did attend the meeting, and we follow his
finding.
There is uncontroverted evidence that Freda Hayner, a floorgirl,
was present at the noon meeting. Strain claimed that the floorgirls
were not supervisory employees, but he stated that one of their duties
was "to keep the work going." On several occasions floorgirls notified
employees when they were to be laid off. And the respondent's brief
refers to another floorgirl as a forelady. We find that Freda Hayner
was in a supervisory position.
Following the noon meeting, the employees returned to work, 15
or 20 minutes after the regular lunch hour ended at 1 o'clock. Mean-
while, Connor drafted a set of bylaws for "Philmont Undergarment
& Textile Union," as the organization was named in the latter papers.
316
NATIONAL LABOR RELATIONS BOARD
A messenger delivered the papers, together with an agenda for an
organization meeting, to Giannattasio at the respondent' s plant at
3:30 the same afternoon. Giannattasio notified Robertson, who cir-
culated among the employees informing them that another meeting
would be held at 4 o'clock that same afternoon at the Maccabees Hall
in Philmont. At the appointed time-an hour before the usual quit-
ting time-most of the 160 employees at work. on that day left the,
plant to attend the meeting. Giannattasio presided at this meeting
and followed the agenda furnished by Connor. The employees present
adopted the bylaws and elected officers. Mrs. Sears, identified above as
Strain's-secretary, was chosen president. Some of the employees who
did not attend the afternoon meeting remained at work until 5 o'clock;
others went home at 4 when the general exodus occurred. The inter-
ruption to the plant routine resulting from the irregular hours main-
tained that day seems not to have disturbed the management or even
to have aroused its curiosity. Strain himself shut down the power
on several machines left unattended. Strain stated he directed that
those who left in the afternoon be docked for the time they were absent,
and so far as the record discloses that was done. But so far as the
record discloses, neither the leaders nor the members of the Philmont
Union were ever reprimanded or even questioned concerning their ac-
tivity on June 11, notwithstanding its disorganizing effect on pro-
duction at the plant. Thus, after discouraging activity on the part of
the I. L. G. W. U. by questioning employees and giving them the
impression of espionage, the respondent acquiesced in open organiza-
tion work on the part of the Philmont Union and condoned its con-
certed breaches of plant discipline.
Soon after June 11, Ruth Sears resigned from the office of president
of the Philmont Union, for the reason that she felt she was "not
qualified." On June 14, Esther Barnum, an ordinary employee, was
elected to fill the vacancy. At the June 14 meeting it was voted to ask
for a 10-per cent wage increase , and at sometime before June 28 a
committee presented the request to Strain. Strain subsequently
granted the increase, effective September 1.
After the Philmont Union was organized, Strain continued to ques-
tion employees concerning their affiliation with the I. L. G. W. U.
On June 15 he told Grace Cole that he had heard she had joined the
C. I. O. and asked why she had done so. He told her that all that the
union wanted was her money. At about the same date he also accused
Carrie Bishop of belonging to the I. L. G. W. U. Strain did not deny
either of these incidents.
The respondent permitted the Philmont Union to post notices of
meetings on the plant bulletin board. Dues for the Philmont Union
were collected in the plant during -working hours in this manner :
DECISIONS AND ORDERS 317
Giannattasio, secretary-treasurer, caused envelopes to be distributed
among the employees. Each member sealed in an envelope the
amount of his contribution and wrote his name on the envelope. Gian-
nattasio had the envelopes collected. Freda Hayner, identified above
as an assistant forelady or a floorgirl, helped collect the envelopes and
turned them over to Giannattasio.
On June 25, T. J. Smutny and Mitchell E. Hadad, officers common
to both the respondent and Collegiate, came to the respondent's plant
from New York City. While they were there Thomas Robertson,
one of those active in the formation of the Philmont Union, led a
delegation of employees to ask Smutny and Hadad to address the
employees, and they consented. Smutny and Hadad had frequently
spoken to the employees in the past regarding the quality of the work
and the prospects of future business and continued employment. On
this day all the employees gathered at 11 o'clock in the morning in
the plant. This meeting was held at the respondent's expense, since
the employees were later paid for the time it required. Smutny spoke
first and complimented the employees on their work. Hadad then
addressed the employees. He referred to an I. L. G. W. U. handbill
accusing Strain of having connived at the formation of the Philmont
Union, and questioned the employees if they believed certain charges
therein made, such as that Strain had procured counsel for the Phil-
mont Union and had attended counsel's office with the organizing
committee. He asked whether the employees desired to be represented
by an "outside" organization. Some of the employees replied "no"
to these questions. Hadad went on to discuss strike conditions then
prevailing in several other communities where unions affiliated with
the Committee for Industrial Organization were organizing. He
mentioned David Dubinsky, one Perlmutter, and one Falickman as
I. L. G. W. U. officials, and stated "if you know their record, and par-
ticularly the record of Mr. Dubinsky, I would leave it to you workers,
if you believe they know how to organize anybody in the American
way."
A review of the foregoing events indicates that the Philmont Union
arose out of a situation in which the respondent at all times indi-
cated its disapproval of the I. L. G. W. U., yet furnished the Phil-
mont Union the aid of its foreladies and the use of its bulletin board
and condoned widespread breaches of plant discipline committed by
employees who formed and assisted the Philmont Union. The meet-
ing of June 25 only reiterated the respondent's hostility to the I. L.
G. W. U. We do not need to decide whether an employer may not
lawfully defend himself before his employees against charges of unfair
labor practices, when the charges are false as were, apparently, some
of the statements in the handbill to which Hadad referred. Hadad
318 NATIONAL LABOR RELATIONS BOARD
did more than merely explain the respondent's position on a subject
upon which the employees might have been misinformed; he con-
demned the I. L. G. W. U. in such a manner as to make the respond-
ent's opposition to that organization plain to the employees.
We find that by the above-described conduct the respondent dom-
inated and interfered with the formation and administration of the
Philmont Union and contributed support thereto and thereby inter-
fered with, restrained, and coerced its employees in the exercise of the
rights guaranteed by Section 7 of the Act.
C. The discharges
The complaint alleged that the respondent laid off Carrie Bishop,
Bertha Bishop, Jessie Capello, and Grace Cole because they had joined
and assisted the I. L. G. W. U. The Trial Examiner in his Inter-
mediate Report dismissed the complaint so far as it related to Carrie
Bishop and Bertha Bishop. We agree with the Trial Examiner's con-
clusion as to these two employees for the reasons stated in the Inter-
mediate Report, and therefore find that they were not laid off because
of their union activities. We shall discuss the individual cases of the
remaining two employees.
Jessie Capello worked for the respondent for 31/2 years prior to
June 30, 1937, when she left its employ. She joined the I. L. G. W. U.
late in April 1937. She had done button sewing, buttonholing, hem-
ming, tacking, and belt making, and had instructed other employees
at the last-mentioned operation. We have recounted above how
Strain questioned Capello concerning her activity in behalf of the
I. L. G. W. U. About June 29, 1937, Thelma Groverstein, a floorgirl,
told Capello to go home and said she would let Capello know when
to return. This was just before the plant shut down on June 30 for,
a 2-week "vacation" which was customary each year during the dull
season. When the plant resumed operations on July 12, Capello had
not been recalled. She continued to wait to be recalled and finally on
July 25 she went to the plant to see Strain. He told her that work
was slack and that he had nothing for her yet. According to her
testimony he said: "You had a good job here once and didn't appreci-
ate it." Strain denied making this statement.
Strain claimed that Capello was only one of many who had not yet
been recalled after the vacation, and that the work Capello had been
doing, work on batiste, had ended for the season. Yet Strain ad-
mitted that in previous years he had transferred Capello to other'
work when the batiste work ran out. The respondent employed 177
persons during the week prior to the shut-down. After the plant re-
sumed operations, the number of persons employed at the end of 3 suc-
cessive weeks was as follows : July 16, 161; July 23, 172; July 30, 178.
DECISIONS AND ORDERS 319
Thus by the end of July more persons were employed than during the
week preceding the shut-down. The total continued above 177 until
August 27, when the pay roll dropped to 134. Thus there could not
have been a large number who were not recalled following the shut-
down. Yet Capello was never recalled.
Jessie Capello had been most active of the employees in behalf of
the I. L. G. W. U., so far as the record shows. She had entertained a
group of women when an I. L. G. W. U. organizer was present.
Strain had learned of this activity and had questioned Capello; she
had admitted the charge. In view of Capello's length of service and
considering the respondent's strong bias against the I. L. G. W. U.,
we can only conclude that in failing to recall her to work the respon-
dent's motive was to discourage membership in the I. L. G. W. U.
Capello had not obtained any other employment at the time of the
hearing, nor had she earned any money from June 29, 1937, up to
that time.
We find that the respondent omitted to recall Jessie Capello to
work on July 12, 1937, for the reason that she had joined and assisted
the I. L. G. W. U., and thereby interfered with, restrained, and
coerced its employees in the exercise of their rights guaranteed by
Section 7 of the Act.
Grace Cole started to work for the respondent about January 1,
1937. She joined the I. L. G. W. U. about May 15,1937. She worked
at pleating, joining, belt making, binding, and turning. At the time
she was laid off on June 27, she was engaged at the last-mentioned
occupation. Like Jessie Capello, Grace Cole was not recalled to work
after the 2-week shut-down in July 1937. - Three weeks after she was
laid off she returned to the factory to ask Strain about work. He
said: "There is nothing for you to do here." It appears that after
the plant resumed operation following the shut-down, no one em-
ployee was engaged to do turning, but that several employees were
from time to time temporarily transferred to that work.
As above stated, Strain on June 15, 1937, questioned Cole regarding
her membership in the I. L. G. W.'U. The only evidence as to the
extent of I. L. G. W. U. membership in the plant is Jessie Capello's
testimony that there were 35 I. L. G. W. U. members in the plant in
May. She stated that most of the I. L. G. W. U. members had been
recalled to work after the plant resumed operations on July 12.
Although Grace Cole testified that she did sit in an automobile with
an I. L. G. W. U. organizer near the plant on several occasions, it
does not appear that she was more active on behalf of the I. L. G. W.
U. than any other member. She had not previously worked through
a slack season, so that there is no past experience by which to judge
whether she should have been recalled,
320 NATIONAL LABOR RELATIONS BOARD
We find that the respondent has not discriminated against Grace
Cole by omitting to recall her to work on July 12, 1937. The re-
spondent's exception to the Trial Examiner's finding with respect to
her is sustained and the allegations of the complaint with respect to
her will be dismissed.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondent set forth in Section III-A and B
and in Section III-C above with respect to Jessie Capello , occur-
ring in connection with the operations of the respondent described
in Section I above, have a close, 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
We have found that the respondent dominated and interfered with
the formation and administration of Philmont Undergarment &
Textile Union and contributed support thereto. In order to effec-
tuate the policies of the Act, we shall order the respondent to with-
draw all recognition from the Philmont Union and to disestablish
it as representative of any of the respondent's employees for the
purpose of dealing with the respondent concerning grievances, labor
disputes, rates of pay, wages, hours of employment, or conditions
of work.
We have further found that the respondent has interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed by Section 7 of the Act. We shall order the respondent
to cease and desist from so doing.
Since we have found that the respondent failed to recall Jessie
Capello to work on and after July 12, 1937, because she joined and
assisted the I. L. G. W. U., we shall order the respondent to offer
her reinstatement together with back pay.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. International Ladies' Garment Workers' Union and Philmont
Undergarment & Textile Union are labor organizations within the
meaning of Section 2 (5) of the Act.
2. The respondent by dominating and interfering with theforma-
tion and administration of Philmont Undergarment & Textile Union
and by contributing support thereto has engaged in and is engaging
DECISIONS AND ORDERS 321
in unfair labor practices within, the meaning of Section 8
of the Act.
(2)
3. By discriminating in regard to the hire and tenure of employ-
ment of Jessie Capello and thereby discouraging membership in
International Ladies' Garment Workers' Union, the respondent has
engaged in and is engaging in unfair labor practices within the
meaning of Section 8 (3) of the Act.
4. The respondent by interfering with, restraining, and coercing
its employees in the exercise of the right to self-organization, to
form, join, and 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, has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 (1) of the Act.
5. The aforesaid unfair labor practices constitute unfair labor
practices affecting commerce within the meaning of Section 2 (6)
and (7) of the Act.
6. The respondent has not engaged in unfair labor practices
within the meaning of Section 8 (3) of the Act with respect to Carrie
Bishop, Bertha Bishop, and Grace Cole.
ORDER
Upon the basis of the foregoing findings of fact and conclusions
of law and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
the respondent, David Strain Company, Inc., and its officers, agents,
successors, and assigns shall:
1. Cease and desist :
(a) From in any manner dominating or interfering with the ad-
ministration of Philmont Undergarment & Textile Union or with
the formation or administration of any other labor organization of
its employees, and from contributing support to Philmont Under-
garment & Textile Union or to any other labor organization of its
employees;
(b) From recognizing Philmont Undergarment & Textile Union
as the representative of any of its employees for the purpose of deal-
ing with the respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or other conditions of
employment;
(c) From discouraging membership-in International Ladies' Gar-
ment Workers' Union or any other labor organization of its em-
ployees by discrimination in regard to hire or tenure of employment
or other conditions of employment;
322 NATIONAL LABOR RELATIONS BOARD
(d) From in any other manner interfering with, restraining, or
coercing its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing and to engage
in concerted activities for the purposes of collective bargaining or
other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition from Philmont Undergarment &
Textile Union as a representative of any of its employees for the
purpose of dealing with the respondent concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions of
work, and completely disestablish Philmont Undergarment & Textile
Union as such representative;
(b) Immediately post notices- in conspicuous places in its plant
and maintain such notices for a period of thirty (30) consecutive
days, stating (1) that the respondent will cease and desist in the
manner aforesaid, and (2) that the respondent will withdraw all
recognition from Philmont Undergarment & Textile Union as repre-
sentative of any of its employees for the purpose of dealing with the
respondent concerning grievances, labor disputes, wages, rates of pay,
hours of employment and conditions of work, and completely dis-
establish Philmont Undergarment & Textile Union as such represent-
,ative;
(c) Offer to Jessie Capello immediate and full reinstatement to
the position held by her immediately prior to June 29, 1937, without
prejudice to her seniority or any other rights or privileges;
(d) Make whole Jessie Capello for any loss of pay she has suffered
by reason of the respondent's failure to recall her to work on July 12,
1937, by payment to her of a sum of money equal to that which she
would normally have earned as wages during the period from July
12, 1937, to the date of the respondent's offer of reinstatement, less the
amount she has earned during that period;
(e) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this order what steps the
respondent has taken to comply herewith.
And it is further ordered that the complaint in so far as it alleges
that the respondent has discriminated in regard to the hire and tenure
of employment of Carrie Bishop, Bertha Bishop, and Grace Cole be,
and it hereby is, dismissed.