Hatfield Clothing Company, a Corporation

National Labor Relations Board - Board Decisions

Jan 24, 1939

10 N.L.R.B. 1374 (N.L.R.B. 1939)

In the Matter of HATFIELD CLOTHING COMPANY, A CORPORATION and
AMALGAMATED CLOTHING WORKERS OF AMERICA, LOCAL 119
Case No. C-1043.-Decided January 24, 1939
Clothing Manufacturing Industry-Settlement: stipulation providing for com-
pliance with Act, and back pay to employee not desiring reinstatement-
Order: entered on stipulation.
Mr. Weldon P. Monson, for the Board.
Mr. Leon J. Obermayer, of Philadelphia, Pa., for the respondent.
Mr. Frank Kirsh., of Souderton, Pa., for the Union.
Mr. Richard A. Williams, of counsel to the Board.
DECISION
.,AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Amalgamated Clothing Workers of
America, Local No. 119, affiliated with the Committee for Industrial
Organization, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania), issued its complaint
dated October 20, 1938, against Hatfield Clothing Company, Hatfield,
Pennsylvania, herein called the respondent, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices affect-
ing commerce within the meaning of Section 8 (1) and (3)1 and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. A copy of the complaint and notice of
hearing thereon were duly served upon the respondent and the
Union. The respondent did not file an answer to the complaint.
Concerning the unfair labor practices the complaint alleged, ill,
substance, that the respondent terminated the employment of and re-
fused to reinstate one named employee because he was a member of
and engaged in activities in behalf of the Union and also because
he engaged in concerted activities with other employees of the re-
spondent for the purpose of collective bargaining and other mutual
I Erroneously referred to as " ( 2)" in the Complaint.
10 N. L. R. B, No. 121.
1374
. DECISIONS AND ORDERS _ 1375
aid and protection ; and that the respondent , by the aforesaid ac-
tivity, and by threats, coercion, and intimidation, interfered with, re-
strained, and, coerced its employees . in the exercise of the rights
guaranteed in Section 7 of the Act.
On December 21, 1938, the. respondent, the Union, and counsel
for the Board entered into a stipulation in settlement of the case.
This stipulation provides as follows.
STIPULATION
It is hereby stipulated by and between the Hatfield Clothing
Company , a Corporation , respondent herein; Amalgamated Cloth-
ing Workers of America , Local 119, a party herein ; and Weldon
P. Monson, attorney for the National Labor Relations Board,
that :
1. Upon charges duly filed by the Amalgamated Clothing
Workers of America, Local 119, the National Labor Relations
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 Regula-
tions, Series 1, as amended , issued its complaint on the 20th day
of October, 1938, against the- Hatfield Clothing Company, a Cor-
poration , respondent herein.
II. Respondent , Hatfield Clothing Company, is and has been
since January 15 , 1932, a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its
principal office and place of business in Hatfield , Montgomery
County , Commonwealth of Pennsylvania , and is now and has
continuously been engaged at its plant and place , of business at
Hatfield, Pennsylvania , in the production, sale and distribution
of men's and women's wearing apparel , chief among which being
men's trousers.
III. The respondent, Hatfield Clothing Company, in the
course and conduct of its business, at its Hatfield plant, located
as aforesaid , uses among other 'things the following materials
in the manufacture of its said wearing apparel: wool, cotton
rayon, thread, buttons, fabric and other raw materials ; and
acquires a large and substantial quantity, to wit, approximately
forty per cent of these 'materials in states of the United States
other than the Commonwealth of Pennsylvania , and in 'the course
and conduct of its business causes and has continuously caused
a large and substantial portion 'of these materials , to wit, ap-
proximately forty per cent, to be transported in interstate com-
merce from and through states ' of the United States other than
the Commonwealth of Pennsylvania , to its Hatfield ' plant in
1376 NATIONAL LABOR RELATIONS BOARD
the Commonwealth of Pennsylvania, and there these raw ma-
terials are manufactured 'by the respondent into men's trousers
and other wearing apparel.
IV. The respondent, Hatfield Clothing Company, manufac-
tures the products set forth in paragraph II at its Hatfield plant,
and causes and has continuously caused approximately thirty
per cent of these products produced by it to be sold and trans-
ported in interstate commerce from its Hatfield plant to, into and
through states of the United States other than the Common-
wealth of Pennsylvania.
V. The Amalgamated Clothing Workers of America, Local
119, is a labor organization affiliated with the Committee for In-
dustrial Organization, also a labor organization, .admitting to its
membership employees of the respondent.
VI. The respondent, Hatfield Clothing Company, a Corpora-
tion, waives its right to a hearing as set forth in Sections 10 (b)
and 10 (c) of the National Labor Relations Act, and the making
of findings of fact and conclusions by the National Labor
Relations Board.
VII. This stipulation, together with the charge, complaint,
notice 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, District of Columbia.
VIII. Upon this stipulation, if approved by the National La-
bor Relations Board, and upon the record herein, an order may
forthwith be entered by the said Board and by the appropriate
Circuit Court of Appeals, providing as follows :
Respondent, Hatfield Clothing Company, a Corporation, its
officers, agents, successors and assigns, shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining, or co-
ercing its employees in the exercise of their right of self-organi-
zation, to form, join, or assist labor organizations, to bargain col-
lectively 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
Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the Amalgamated
Clothing Workers of America, Local 119, a, labor organization
affiliated with the Committee for Industrial Organization, by
discharging or in any other manner discriminating against its
employees in regard to the hire or tenure of employment or any
condition of employment for the reason that they, or any of
them, joined or assisted Amalgamated Clothing Workers of
DECISIONS AND ORDERS 1377
America, Local 119, or any 'other. labor organization of its
employees ; _
2. Take the following affirmative action to effectuate the poli-
cies and purposes of the National Labor Relations Act :
(a) Post notices to its said employees in conspicuous places
in its plant, stating that 'it will cease and desist as aforesaid,
which said notices shall remain posted for a period of at least
thirty (30) consecutive days from the date of such posting;
(b) Inform all of its officials and agents, including superin-
tendents, foremen and other supervisory employees, that they
shall not in any manner approach employees concerning, or
discuss with employees, the question of their labor affiliation, or
threaten employees in any manner because of their membership
in any labor organization in general, or Local 119 of the
Amalgamated Clothing Workers of America in particular; •
3. Notify, the Regional Director for the Fourth Region of
compliance with the foregoing order within thirty (30) days
from the date of its entry by the Board.
IX. It is further stipulated that :
(a) Clayton Stauffer, the respondent's employee referred to
in the charge and the complaint as having been discriminatorily
discharged on May 19, 1937, has been offered full and immediate
reinstatement to his former position without loss of seniority
and at prevailing rates of pay and without prejudice to any
,rights and privileges previously enjoyed by him, and, further
that the said Clayton Stauffer has refused reemployment as
proffered by the said respondent;
(b) The said respondent will pay to the said Clayton Stauffer
for" the loss of pay suffered, by payment to him immediately
upon notification of the approval of the within stipulation by
the National Labor Relations Board, the sum of $275.00, which
sum is in, full settlement of the amount `which the said Clayton
Stauffer would have earned as wages from May 19, 1937, to the
said date of payment.
X. 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,, respondent hereby
expressly waiving its right to 'contest the entry of such Decree
in any Circuit Court of Appeals of the United States and
further expressly waiving its right to receive notice of the filing
by the National Labor Relations Board of an application for
the entry of such a Decree. , • • • '
XI. It is further stipulated and agreed:that this stipulation
is subject'to the approval of the National Labor Relations Board.
1378 NATIONAL LABOR RELATIONS BOARD
On December 22, 1938, the charge, the complaint with notice of
hearing, National Labor Relations Board Rules and Regulations-
Series • 1, as amended, and the stipulation were filed with the Chief
Trial Examiner of the Board at Washington, D. C., and thereby
became part of the record in the case. On the same date, the Board
issued its order approving the above stipulation, making it part of
the record, and transferring the proceeding to the Board for the-pur-
pose,of entry of a decision and order by the Board.
Upon the entire record,in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, a Pennsylvania corporation, is engaged in the
,production, sale, and distribution of men and women's wearing
apparel, with its principal office and place of business at Hatfield,
Pennsylvania. In the manufacture of its finished products the re-
spondent uses the following materials : Wool, cotton rayon, thread,
buttons, fabric, and other raw materials. In the course of its busi-
ness the respondent has received at its Hatfield plant large quantities,
to wit, approximately 40 per cent, of the afore-mentioned materials
from States of the United States other than the Commonwealth of
Pennsylvania. Similarly, approximately 30 per cent of the goods
produced by the respondent at its Hatfield plant are shipped to
points outside the Commonwealth of Pennsylvania.
We find 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 Act, the National Labor Relations Board
hereby orders that Hatfield Clothing Company, a corporation, Hat-
field, Pennsylvania, and its 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 right to self-organization, to form,
loin, ,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 under Section 7 of the National
Labor Relations Act;'
DECISIONS AND ORDERS 1379
(b) Discouraging membership in the Amalgamated Clothing
Workers of America, Local 119, a labor organization affiliated with
the Committee for Industrial Organization, by discharging or in
any other manner discriminating against its employees in regard to
hire or tenure of employment or condition of employment for the
reason that they, or any of them, joined or assisted Amalgamated
Clothing Workers of America, Local 119, or any labor organization
of its employees.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Post notices to its said employees in conspicuous places in its
plant, stating that it will cease and desist as aforesaid, which said
notices shall remain posted for a period of at least thirty (30)
consecutive days from the date of such posting;
(b) Inform all of its officials and agents, including superintend-
ents, foremen, and other supervisory employees, that they shall not
in any manner approach employees concerning, or discuss with em-
ployees, the question of their labor affiliation, or threaten employees
in any manner because of their membership in any labor organiza-
tions in general, or Local 119 of the Amalgamated Clothing Workers
of America in particular;
(c) Notify the Regional Director for the Fourth Region of com-
pliance with the foregoing Order within thirty (30) days from the
date of its entry by the Board.