Dickson-Jenkins Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jul 16, 1937

3 N.L.R.B. 59 (N.L.R.B. 1937)

In the Matter of DICKSON-JENKINS MANUFACTURING COMPANY, INC.
and UNITED GARMENT WORKERS OF AMERICA, LOCAL UNION No.
181
Case No. C-192.-Decided July 16,1937
Men's Clothing and Ladies ' Wearing Apparel Industries-Settlement : agree-
ment to comply with Act-Order : entered on stipulation.
Mr. Karl H. Mueller for the Board.
Mr. Sidney Samuels and Mr. A. M. Herman, of Fort Worth, Tex.,
for the respondent.
Mr. Sproesser Wynn, of Fort Worth, Tex., for Independent Gar-
ment Workers of America.
Mr. Allan R. Rosenberg, of counsel to the Board.
DECISION
STATEMENT OF CASE
Upon charges duly filed by the United Garment Workers of
America, the National Labor Relations Board, herein called the
Board, by Edwin A. Elliott, Regional Director for the Sixteenth
Region (Fort Worth, Texas), issued and duly served its complaint,
dated June 12, 1937, against Dickson-Jenkins Manufacturing Com-
pany, Inc., Fort Worth, Texas, the respondent herein, alleging that
the respondent had engaged in and was engaging in unfair labor
practices affecting commerce, within the meaning of Section 8, sub-
divisions (1) and (2), and Section 2, subdivisions (6) and (7), of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
In respect to the unfair labor practices, the complaint in substance
alleged that in May 1937, the respondent sponsored and enlisted
membership in the Independent Garment Workers of America, a
company union, incorporated under the laws of Texas; that the
Independent Garment Workers of America is a labor organization
within the meaning of Section 2, subdivision (5) of the Act; that
the respondent has dominated and interfered with the formation and
administration of this organization; that it has contributed and
still does contribute financial and other support to it; that during the
period from May 1937, to the date of the filing of the complaint,
the respondent by enumerated acts and published, statements has in-
terfered with, restrained, and coerced, and is interfering with,
59
60 NATIONAL LABOR RELATIONS BOARD
restraining, and coercing its employees in the exercise of their rights
guaranteed in Section 7 of the Act.
On June 18, 1937, the Independent Garment Workers of America,
by P. D. McGaha, its president, filed an application for intervention,
denying that its formation or administration had been interfered
with by the respondent and alleging that it was a voluntary asso-
ciation of a majority of the respondent's employees, and that in
pursuance of its right to bargain collectively, it had entered into a
contract with the respondent for improved wages, hours, and work-
ing conditions. On June 21, 1937, the application for intervention
was allowed by the Trial Examiner.
On June 21, 1937, the respondent filed its answer, in which it
failed to deny the allegation of the complaint that it was engaged
in interstate commerce, but specifically denied that it had committed
any of the unfair labor practices therein alleged.
Pursuant to notice, Henry J. Kent, duly designated by the Board
as Trial Examiner, conducted a hearing at Fort Worth, Texas, com-
mencing on June 21, 1937. On June 24, 1937, during the hearing,
the following stipulations were agreed upon by all parties to the
proceedings and offered in evidence and made a part of the record
without objection :
It is hereby stipulated by and between counsel for the respec-
tive parties herein that the Board may enter an order in this
case to the following effect :
I. The respondent shall:
1. Cease and desist from in any manner interfering with, re-
straining 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 purposes
of collective bargaining or other mutual aid or protection, as
guaranteed under Section 7 of the Act;
2. Cease and desist from discouraging by' any means member-
ship in the United Garment Workers of America or any local
union thereof or any other labor organization of its employees'
choosing ;
3. Cease and desist from in any manner dominating or inter-
fering with the administration of any labor organization of its
employees; from contributing financial aid or support to said
organizations; from recognizing or dealing in any manner
with the Independent Garment Workers of America or any
group or committee purporting to represent the said organiza-
tion; or from forming or maintaining any groups or designating
DECISIONS AND ORDERS 61
any individuals to act as the representatives of the employees
for the purpose of collective bargaining respecting any of the
terms or conditions of employment.
II. The intervenor shall:
1. Cease and desist from in any way acting or attempting Lo
act as a labor organization, corporation, or association for or
on behalf of the employees of respondent, or any of them.
III. The respondent and intervenor shall take the following
affirmative action to effectuate the policies and purposes of the
National Labor Relations Act :
1. The respondent will withdraw all recognition from the In-
dependent Garment' Workers of America as the representative
of its employees or any of them for the purpose of dealing with
the respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment or other conditions of em-
ployment;
2. The intervenor Independent Garment Workers of America
shall immediately initiate and diligently prosecute to conclusion
all proceedings legal and otherwise necessary or incident to the
complete and final dissolution of said Independent Garment
Workers of America as a corporation and as a labor organiza-
tion ;
3. The respondent and said intervenor shall immediately can-
cel and rescind that certain contract made and entered into by
and between them dated June 10, 1937, and concerning terms and
conditions of employment in respondent's plant and that said
contract shall be of no force or effect;
4. The respondent will post notices in conspicuous places about
its plant stating that the Independent Garment Workers of
America are disestablished as the representative of its employees
or any of them for the purposes of collective bargaining and
that the respondent will not extend any recognition to such
organization and that the contract entered into by it with said
Independent Garment Workers of America dated June 10, 1937,
has been cancelled and rescinded and is of no force or effect;
5. The respondent will inform all of its officials and agents,
including superintendents, foremen and other supervisory em-
ployees 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;
IV. It is further stipulated that upon compliance with the
order of the Board as aforesaid and upon notification to the
62 NATIONAL LABOR RELATIONS BOARD
Board of compliance with the terms of the order, the United
Garment Workers of America, Local Union No. 181, will with-
draw the charge which it filed against the respondent herein
and will request the Board to dismiss the complaint herein.
ORDER
On the basis of the above stipulation, and pursuant to Section 10,
subdivision (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that :
I. The respondent, the Dickson-Jenkins Manufacturing Company,
Inc., its officers, agents, successors and assigns shall:
1. Cease and desist from in any manner interfering with, re-
straining or coercing its employees in the exercise of their rights to
self-organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing, and
to engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection, as guaranteed under Sec-
tion 7 of the Act;
2. Cease and desist from discouraging by any means membership
in the United Garment Workers of, America or any local union
thereof or any other labor organization of its employees' choosing;
3. Cease and desist from in any manner dominating or interfering
with the administration of any labor organization of its employees;
from contributing financial aid or support to said organizations;
from recognizing or dealing in any manner with the Independent
Garment Workers of America or any group or committee purport-
ing to represent the said organization ; or from forming or main-
taining any groups or designating any individuals to act as the rep-
resentatives of the employees for the purpose of collective bargaining
respecting any of the terms or conditions of employment.
II. The intervenor, the Independent Garment Workers of Amer-
ica, shall:
1. Cease and desist from in any way acting or attempting to act as
a labor organization, corporation, or association for or on behalf
of the employees of respondent, or any of them.
III. The respondent and the intervenor shall take the following
affirmative action which the Board finds will effectuate the policies
of the Act :
1. The respondent will withdraw all recognition from the Inde-
pendent Garment Workers of America as the representative of its
employees or any of them for the purpose of dealing with' the respond-
ent concerning grievances, labor disputes, wages, rates of pay, hours
of employment or other conditions of employment;
DECISIONS AND ORDERS 63
2. The intervenor Independent Garment Workers of America shall
immediately initiate and diligently prosecute to conclusion all pro-
ceedings legal and otherwise necessary or incident to the complete
and final dissolution of said Independent Garment Workers of Amer-
ica as a corporation and as a labor organization;
3. The respondent and said intervenor shall immediately cancel
and rescind that certain contract made and entered into by and be-
tween them dated June 10, 1937, and concerning terms and conditions
of employment in respondent's plant and that said contract shall be of
no force or effect;
4. The respondent will post notices in conspicuous places about its
plant stating that the Independent Garment Workers of America is
disestablished as the representative of its employees or any of them
for the purposes of collective bargaining and that the respondent will
not extend any recognition to such organization and that the contract
entered into by it with said Independent Garment Workers of America
dated June 10, 1937, has been cancelled and rescinded and is of no
force or effect;
5. The respondent will inform all of its officials and agents, includ-
ing superintendents, 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.