Good Luck Glove Co.

National Labor Relations Board - Board Decisions

Nov 29, 1940

28 N.L.R.B. 178 (N.L.R.B. 1940)

In the Matter of GOOD LUCK GLOVE COMPANY and INTERNATIONAL
GLOVE WORIKERS' UNION OF AMERICA
Case No. C-1734.-Decided November 09, 1940
Jurisdiction : glove manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. L. N. D. Wells, Jr., and Mr. "Wallace Cooper, for the Board.
Mr. Alden A. Stockard, of St. Louis, Mo., Mr. Roy R. Helm, of
Metropolis, Ill., and Mr. John Feirich, of Carbondale, Ill., for the
respondent.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International-
Glove Workers' Union of America, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the
Regional Director for the Fourteenth Region (St. Louis, Missouri),
issued its complaint dated August 27, 1940, against Good Luck Glove
Company, Carbondale, Illinois, herein called the respondent, alleging
that the respondent had engaged in and was engaging in unfair
labor practices affecting commerce, within the meaning of Section 8
(1) and (3) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint and notice of hearing were duly served upon the respondent
and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent (1) on or-about September 28, 1939,
discharged and thereafter refused to reinstate Helen Childers for
the reason that said employee joined and assisted the Union and en-
gaged in,concerted activities for the purpose of collective bargaining
and other mutual aid and protection; and (2) by the aforementioned
acts, by urging, persuading, and warning its employees to refrain from
28-N. L. R. B., No. 36.
178
GOOD . LUCK GLOVE COMPANY 179
aiding, becoming or remaining members of the Union, by threatening
them with discharge and other reprisals if they became-or remain
members of the Union, by threatening to close its plant if they en-
gaged in union activities, by maintaining surveillance over meetings
of the Union, by distributing anti-union literature, and by other acts,
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
On September 7, 1940, the respondent filed an answer, and on Octo-
ber 10, 1940, an amended answer, to the complaint, admitting the
allegations of the` complaint as to the nature of its business but deny-
ing that it had committed the unfair labor practices alleged therein.
Pursuant to notice a hearing was held on October 7, 1940, at Me-
tropolis, Illinois before Thomas S. Wilson, the Trial Examiner duly
designated,by the Board. The respondent and the Board were repre-
sented by counsel and participated in the hearing.
On November 15, 1940, the respondent, the Union, counsel for the
Board, and Helen Childers, the employee alleged in the complaint
to have been discriminatorily discharged, entered into an, amended
stipulation in settlement of the case. This stipulation provides as
follows :
1. This Stipulation is in full and complete settlement of all
issues raised by the complaint filed August 27, 1940. It is ex-
pressly agreed and understood by all parties to this Stipulation
that no matter occurring prior to this date will be the basis of
any future proceeding before the National Labor Relations
Board based on charges which may hereinafter be filed by In-
ternational Glove Workers' Union of America, or Local 101,
thereof, the successors or assigns thereof, or any labor organiza-
tion acting in the interest of International Glove Workers' Union
of America or any labor organization which may hereinafter
result from a reorganization of said unions, or by Helen Childers.
2. On August 26, 1940, the International' Glove Workers'
Union of America, hereinafter called the Union, filed amended
charges with the Fourteenth Region of the National Labor Re-
lations Board alleging that the Good Luck Glove Company,
hereinafter called the Respondent, had engaged in violation of
Section 8, subsection (1) and (3) of the National Labor Re-
lations Act. Thereafter the National Labor Relations Board,
by the Regional Director for the Fourteenth Region, issued its
complaint, dated August 27, 1940. Said complaint, and the
amended charge upon which it was based were duly,and ' prop-
erly served on each of the parties hereto on August 30, 1940.
Thereafter the Respondent filed various pleadings herein; all
of which pleadings Respondent hereby withdraws. By the said
413597-42-vol 28--13
180 DECISIONS OF • NATIONAL LABOR RELATIONS BOARD
withdrawal of said pleadings and the entering,into this Stipula-
tion Respondent in no wise admits but specifically denies that it
has committed any unfair labor practices or has in any wise
violated any provision of the National Labor Relations Act.
3. (a) Good Luck Glove Company is a corporation organized
on October 26, 1926, under the laws of the State of Illinois and
is duly licensed to conduct its business in said State. It main-
tains its general offices at Carbondale, Illinois, and is engaged
in the operation of one plant at Carbondale, Illinois, and two
plants at Metropolis, Illinois. Its plants located at Metrop-
olis, Illinois, are the -only ones involved in the above-entitled
proceedings.,
(b) The Respondent is engaged in its Metropolis plants•in the
manufacture and sale of leather-combination work gloves. Dur-
ing the year 1939 the aggregate value of the finished products
manufactured by the Respondent at its Metropolis plants was
in excess of $500,000.00. Over 75 per cent of such finished prod-
ucts manufactured at the Respondent's Metropolis plants during
1939 was sold and delivered in the State of Illinois, for shipment
to purchasers in states other than the State of Illinois, and de-
livered in interstate commerce from said Metropolis plants, to,
into, and through states of the United, States other than the
State of Illinois.
(c) The raw materials used by the Respondent in its opera-
tions at its Metropolis plants are Canton flannels, jersey, split
leather, and thread. The aggregate value of such raw materials
used at said Metropolis plants during 1939 was in excess of
$150,000.00. In excess of 50 per cent of such raw materials were
purchased in states of the United States other than the State of
Illinois and transported in interstate commerce to, into, and
through states of the United States other than the State of
Illinois to its aforesaid Metropolis plants located in the State
of Illinois.
(d) The Respondent's business at its said Metropolis plants
from January 1, 1940, to date has continued in substantially the
same manner as during 1939, as stated above. The percentages
of its raw materials obtained from outside the State of Illinois
and used at said Metropolis plants, and its finished products
shipped in interstate commerce from said Metropolis plants to
points outside the State of Illinois, are approximately the same
as those percentages stated above for 1939.
(e) The Respondent employs at its aforesaid Metropolis plants
approximately 450 employees.
(f) The Respondent' admits and agrees that for.the purpose
of this proceeding it is engaged in interstate commerce within
GOOD LUCK GLOVE COMPANY 18 1
the meaning of Section 2 (6) and (7) of the National Labor
Relations Act, and further agrees that the National Labor Rela-
tions Board may find that the above-described operations of the
company constitute a continuous flow of trade, traffic, and com-
merce among the several states.
--.4.- The International Glove Workers' Union of America is a
labor organization within the meaning of Section 2, subsection
(5) of the National Labor Relations Act. It is affiliated' with
the American Federation of Labor.
5. All parties hereto expressly waive the right to hearing
granted by Section 10b of the National Labor Relations Act in
this cause and' expressly waive the making of findings of fact
and conclusions of law by the National Labor Relations Board.
6. All parties hereto expressly agree to the immediate entry
by the National Labor Relations Board of an order providing
as follows :
The Respondent, Good Luck Glove Company, its officers,
agents, successors and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in the International Glove
Workers' Union of America or any other labor organization
of its employees by discriminating in regard to hire or tenure
of employment or any terms or conditions of employment.
(b) Urging, persuading and warning its employees to re-
frain from aiding, becoming or remaining members of the
International Glove Workers' Union of America.
(c) Keeping surveillance over the meetings of the Interna-
tional Glove Workers Union of America.
(d) Threatening to close its Metropolis plants if its em-
ployees at said plants joined or assisted the International Glove
Workers Union of America.
(e) Distributing. hand bills, advising its employees against
joining or assisting the International Glove Workers Union of
America.
(f) Permitting the Good Luck Glove Employees Committee
to engage in any of the activity proscribed in paragraphs 1,
(a), (b), (c), (d), and (e) of this order.
(g) In any other manner interfering with, restraining or
coercing its employees in the exercise of the rights guaranteed
in section 7 of the National, Labor Relations Act.
2. Take the following affirmative action in order to effectuate
the policies of the National Labor. Relations Act:
(a): Notify the Good Luck Glove, Employees Committee in
writing to refrain from any activity enumerated in Section
182- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1,, (a), (b),,(c), (d) and (e) of this order, and that any vio-
lation' of said order by the Good Luck Glove Employees
Committee will result in disciplinary action.
(b) Post immediately in conspicuous places in its Metropolis,
Illinois Plants and maintain for a period of at least sixty (60)
consecutive days from the date of posting, notices to its em-
ployees stating -
(1) That Respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraphs 1,(a),
(b), (c), (d), (e), (f) and (g) of this order;
(2) That Respondent will take .the affirmative action set
forth in Paragraph 2 (a) of this order; and
(3) That Respondent's employees are free to become or
remain members of the International Glove Workers Union
of America and that Respondent will not discriminate
against any employee because of membership or activity in
that organization.
(c) Notify the Regional Director for the Fourteenth Region
in writing within ten (10) days from the date of this order
of what steps the Respondent has taken -to comply herewith.
AND IT IS FURTHER ORDERED that the complaint be and it hereby
is dismissed with prejudice in so far as it alleges that Respondent
has engaged or is engaging in unfair labor .practices in discharg-
ing and refusing to re-employ Helen Childers.
7. All parties hereto expressly agree to the entry by the United
States Circuit Court of Appeals fox the 7th Circuit of an en-
forcement order embodying the terms of the Board order agreed
to in Paragraph 6 above, and the parties hereto waive further
notice of the application for or the entry of such court order.
8. The entire agreement of the parties hereto is embodied in
this Stipulation and there are no inducements or agreement
verbal or written which alter or add to this Stipulation.
9. This Stipulation is made subject to the approval of the
National Labor `Relations Board and will become effective only
on issuance of an order by the National Labor Relations Board
approving this Stipulation and each of the terms hereof. Should
the National Labor Relations Board refuse to approve this Stipu-
lation it shall be considered void and of no effect and the above-
entitled proceedings shall be in the same status as though the
parties had entered into no Stipulation.
On November 22, 1940, the Board issued its Order approving the
above amended stipulation and each of the terms thereof, making it
a part of the record in the case, and transferring the proceeding to
GOOD LUCK GLOVE COMPANY 183
the Board for the purpose of entry of a decision and order by the
Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is an Illinois corporation engaged in the manu-
facture and sale of leather-combination work gloves . It maintains its
principal office and operates one of its plants at Carbondale , Illinois.
The respondent also operates two plants , the only 3nes with which this
proceeding is concerned ,-at Metropolis , Illinois . The principal raw
materials used by the respondent are Canton flannels, jersey, split
leather, and thread. In 1939, the respondent used in excess of
$150,000 worth of such raw materials at its Metropolis plants, over
50 per cent of which were shipped from points outside the State of
Illinois. During the same year the respondent manufactured at its
Metropolis plants finished products valued at over $500,000, of which
over 75 per cent were shipped to States other than the State of
Illinois. The respondent employs approximately 450 employees in
the operation of its Metropolis plants.
The respondent stipulated , and we find, that the above-described
operations constitute a continuous flow of trade , traffic and commerce
among the several States within the meaning of the Act.
ORDER
Upon the basis of the above findings of fact, the above stipulation,
and the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, Good Luck Glove Com-
pany, its officers, agents , successors , and assigns , shall:
1. Cease and desist from :
(a) Discouraging membership in the International Glove Workers'
Union of America or any other labor organization of its employees
by discriminating in regard to hire or tenure of employment or
any terms or' conditions of employment.
(b) Urging, persuading and warning its employees to refrain from
aiding, becoming or remaining members of the International Glove
Workers Union of America.
(c) Keeping surveillance over the meetings of the International
Glove Workers Union of America. .
184 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
(d) Threatening to close its Metropolis plants if its employees
at said plants jointed or assisted the International Glove Workers
Union of America.
(e) Distributing hand bills advising its employees against joining
or assisting the International Glove Workers Union of America.
(f) Permitting the Good Luck Glove Employees Committee to
engage in any of the activity proscribed in paragraphs 1, (a), (h),
(c), (d) and (e) of this order.
(g) In-any other manner interfering with, restraining or coercing
its employees, in the exercise of -the rights guaranteed in section 7
of the National Labor Relations, Act.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act :
(a) Notify the Good Luck Glove Employees Committee in writing
to refrain from any activity enumerated in Section 1, (a), (b), (c),
_(d) and (e) of this order, and that any violation of said order by
the Good Luck Glove Employees Committee will result in disciplin-
ary action.
(b) Post immediately in conspicuous places in its Metropolis,
Illinois Plants and maintain for a period of at least sixty (60) con-
secutive days from, the date of posting, notices to its employees
stating
(1) That Respondent will not engage in the conduct from
which it is ordered to cease and desist in paragraphs 1 (a), (b),
(c), (d), (e), (f) and (g) of this order;
(2) That Respondent will take the affirmative action set forth
in Paragraph 2 (a) of this order; and
(3) That Respondent's employees are free to become or remain
members of the International Glove Workers Union of America
and that Respondent will not discriminate against any employee
because of membership or activity in that organization.
(c)- Notify the Regional Director for the Fourteenth Region in
writing within ten (10) days from the date of this order of what
steps the Respondent has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint be and it hereby is
dismissed with prejudice, in so far as it alleges that Respondent has
engaged or is engaging in unfair labor practices in discharging and
refusing to re-employ Helen Childers.
CHAIRMAN HARRY A. MIISas took no part in the consideration of
.the above Decision and Order.