International Textile Co., Inc.

National Labor Relations Board - Board Decisions

Sep 16, 1942

44 N.L.R.B. 40 (N.L.R.B. 1942)

In the Matter of INTERNATIONAL TEXTILE COMPANY, INC. and UNITED
CONSTRUCTION WORKEIIS, DIVISION OF DISTRICT 50, UNTIED MINE
WORKERS OF AMERICA, C. I. O.
Case No. C-2305-Decided September 1942
Jurisdiction : wool, cotton, and fibre, processing industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation.
Mr. Isaiah S. Dorfman and Mr. Robert 7'. Drake, for the Board.
Chapman, Si7rverberg cC Anixter, by Mr. Mandel L. Anixter, of
Chicago, Ill., for the respondent.
Cllr. Milton L. Booth, of Chicago, Ill., for the Union.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended charges duly filed by United Construc-
tion Workers, Division of District 50, United Aline 'Workers of
America, C. I. 0., herein called the Union , the National Labor Rela-
tions Board, herein cgllecl the Board,, b3' the Regional Director for the
Thirteenth Region (Chicago , Illinois ), issued its complaint dated
July 29, 1942 , against International Textile Company , Inc., Chicago,
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 Relations Act, 49 Stat . 449, herein
called the Act. Copies of the complaint, accompanied by notice of
hearing, were duly served upon the respondent and the Union.
Concerning the unfair labor practices the complaint alleged , in sub-
stance, that the respondent ( 1) on or about October 30 , 1941 , discharged
Happy Anderson and on or about March 19, 1942 , discharged John
King and at all times thereafter refused to reinstate them because
they had joined and assisted the Union and engaged in concerted ac-
44 N. L R . B., No. 3
40
INTERNATIONAL TEXTILE COMPANY, INC. ' 41
tivities for the purposes of collective bargaining and other mutual aid
and protection; (2) on or about October 30, 1941, and at various times
thereafter, questioned its employees as to their union membership and
activities and warned and discouraged its employees against union
affiliation or actiyity; and (3) by the foregoing acts and by other
specified ,acts and conduct interfered with,' restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of the
Act.
On August 6, 1942, the respondent filed a motion for a bill of par-
ticulars and for an extension of time to answer the complaint. There-
after the Regionaj Director issued an order dated August 7, 1942,
granting said motion in part and extending the time to answer to
August 13, 1942. On August 11, 1942, the Regioinal Director issued
an order. vacating his order of August 7 and extending the time to
answer io August 15, 1942. On August 11, 1942, Samuel Edes, the
Trial Examiner duly designated by the Acting Chief Trial Exam-
iner, issued an order granting in part the respondent's motion for a
bill of particulars. On August 13, 1942, in compliance with said order
of the Trial Examiner, counsel for the Board served upon the re-
spondent a bill' of particulars. _ On August 15, 1942, the respondent
filed its answer to the complaint.
On August 17; 1942, a hearing was begun before Samuel.Edes,' the
Trial Examiner, duly designated by the Acting Chief Trial Exam-
iner. Shortly after the hearing was begun, the respondent, the Union,
and counsel for the Board entered into a stipulation in settlement of
the case, subject to approval by the Board. The stipulation provided
as follows:
IT IS HEREBY STIPULATED AND AGREED by and between Interna-
tional Textile Company, Inc., hereinafter called Respondent,
United Construction Workers, Division of District 50, United
Mine Workers of America, C. I. 0., hereinafter called the
Union, and Isaiah S. Dorfman and Robert T. Drake, attorneys,
National Labor Relations Board, that: -
I
Upon Charges duly filed by the Union, the National Labor
Relations Board, hereinafter called the Board, by Charles A.
Graham, Regional Director for the Thirteenth Region, herein-
after called the Regional Director, duly issued its Complaint and
Notice of Hearing thereon on July 29, 1942, against Respondent.
'The Complaint and Notice of Hearing thereon, the Fourth
'Amended Charge, and a copy of the National Labor Relations
Board Rules and Regulations-Series 2, as amended, were duly
served upon Respondent and the Union. On August 6, 1942 Re-
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spondent filed a motion for Bill of Particulars andfor an exten-
sion of time to answer. Thereafter the Regional Director issued
an Order, dated August 7, 1942, granting said motion in part
and extending the time to answer to August 13, 1942. On August
11, 1942 the Regional Director issued an Order vacating his Order
of August 7 and extending the time to answei to August 15, 1942.
On August 11, 1942 Samuel Edes, Trial Examiner duly desig-
nated by the Acting Chief Trial Examiner, National Labor Rela-
tions Board, issued an Order granting in, part Respondent's
motion for a Bill of Particulars. On August 13, 1942 in com-
pliance with said Order of said Trial Examiner Robert T. Drake,
attorney, National Labor Relations Board, Thirteenth Region,
served upon Respondent a Bill of Particulars. On August 15,
1942^Respondeiit filed its Answer to the Complaint. On August
17, 1942, a hearing was held before Samuel Edes, the Trial Exam-
iner, duly appointed by the Acting Chief Trial Examiner, Na-
tional Labor Relations Board. Shortly after the hearing began
it was adjourned to permit the parties to discuss adjustment of
this matter, which resulted in this Stipulation and Agreement.
II
Respondent has been and was until April 30, 1942, a corpora-
tion,organized under and existing by virtue of the laws of the
State of Illinois, having its principal office and place of business
in the City of Chicago, County of Cook, and State of Illinois,
hereinafter called the Plant, where it was at all times material to
the Complaint engaged in the business of processing and selling
wool, cotton, jute and sisal fibres and waste rag material. During
the year 1941 Respondent purchased materials from sellers out-
side the State of Illinois and caused these materials to be shipped
into the State of Illinois. The raw materials purchased in 1941
cost more than•$100,000.00 and between 15 and 20 percent of these
materials were shipped to Respondent from points outside the
State of Illinois. Respondent sells its products to manufacturers
of mattresses, auto cushions, wholesale hardware dealers and
manufacturers using waste rag materials. In the year 1941 it sold
products for more than $150,000.00 and more than 50 percent of
the products sold were shipped to points outside of the State of
Illinois. During the first six months of the year 1942, Respondent
was engaged in the same business. For the same period the value
of the materials shipped in from out of the State of Illinois and
the value of the products shipped, out of the State by Respondent
were equal to at least one-half of 'the total amount of business for
the year 1941, and the percentages of materials transported to and
INTERNATIONAL TEXTILE COMPANY, INC. 43
from-the Plant from and to points outside the State of Illinois was
approximately the same as in the year 1941.
On April 30, 1942 Nathan E. Chapman and Jesse Parmacek, a
partnership doing business as International Textile Company,
succeeded to the business of Respondent. For all intents and
purposes of this Stipulation and Agreement said partnership shall
be considered the successor to Respondent.
Respondent admits that it is engaged in interstate commerce
within the meaning of Section 2, Subsections (6) and (7) of the
Act.
III
The Union is a labor organization within the meaning of Sec-
tion 2, Subsection (5) of the Act.
IV
The parties hereto waive the right to further hearing in this
matter and the making of Findings of Fact and Conclusions of
Law by the Board pursuant to provisions of the Act, and all
parties agree that the Fourth Amended Charge, Complaint,
Notice of Hearing, National Labor Relations Board Rules and
Regulations, Series 2, as amended, Affidavit of Service of said
documents, Motion of Respondent for Bill 'of Particulars, Motion
of Respondent for extension of time to answer, Order of the
Regional Director dated August 7; 1942,, Order of the Regional
Director dated August 11, 1942, Order designating Samuel Edes
Trial" Examiner, Order of the Trial Examiner dated August 11,
1942, Bill of Particulars signed by Robert T. Drake dated August
13, 1942, Answer of Respondent to Complaint dated August 15,
1942, application by Respondent for Subpoenas received at the
offices of the Board, Region 13, on August 14, 1942, Order of the
Regional Director dated August 14, 1942, granting said applica-
tion for Subpoenas and this Stipulation and Agreement, shall con-
stitute the entire record in this case by filing same with the Acting
Chief Trial Examiner of the Board, Washington, D. C.
This Stipulation and Agreement is entered into for the purpose
of amicably adjusting all matters set forth in the Complaint
herein. Nothing contained in this Stipulation and Agreement
shall be construed as an admission by Respondent that it has ever
committed any unfair labor practices and more, specifically,
without prejudice to the generality of the above, Respondent
denies that it has committed any unfair labor practices in connec-
tion with the National Labor Relations Act., Respondent further
states that any waiver made heretofore in this Stipulation and
44 DECISIONS OF . NATIONAL LABOR RELATIONS, BOARD
Agreement or that may be hereafter made in this Stipulation and
Agreement or that has been made by it at any time in connection
with this Stipulation and Agreement shall be binding upon Re-
spondent only in the event that this Stipulation and Agreement is
approved by the National Labor Relations'Board.
It is further understood and agreed by and between the Re-
spondent, the Union and the Attorney for the National Labor
Relations Board that in the event this Stipulation and Agreement
is not approved by the Board, that the Respondent shall.be placed
in the same position that it had at the commencement of the hear-
ing in this matter and shall have the right to present any and all
defenses that it may have and its rights shall be in no way preju-
diced by this Stipulation and Agreement.
V
IT IS ruirrimR STIPULATED AN D Aom-:ED by and bet\:-een the
parties hereto that upon the entire record in this case and this
Stipulation and Agreement, if approved by the Board, an Order
may forthwith be entered by the Board as follows :
Respondent , International Textile Company , Inc., its officers,
agents, successor and assigns, shall :
1. Cease and desist from :
(a) Discriminating-in regard to hire or tenure of employment
or any term or condition of employment to discourage member-
ship in United Construction Workers, Division of District 50,
United Mine Workers of America, C. I. 0., or any other labor
organization, as provided to Section 8, subsection (3) of the
National Labor Relations Act;
-(b) In any other manner interfering with, restraining or co-
ercing its employees in the exercise of their 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 purpose of collective bargaining or
other mutual aid or protection, as provided in Section 8, Subsec-
tion (1) of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the policies
of the Act :
- (a) Offer Happy Anderson and John King, immediately upon
approval of this -Stipulation 'acid Agreement, and each of them,
full reinstatement- to their former, or substantially equivalent
positions, without prejudice to their seniority and other rights and
privileges;
(b) Pay to said Happy Anderson and John King the sums set
forth opposite their names below in full payment of all monies
INTERNATIONAL TEXTILE `COMPANY, INC. 45
due them for any loss of pay,"that they, and each of them, have
suffered by reason of their discharge by Respondent on, October
30, 1941 and March 19, 1942, respectively :
Happy Anderson ---'______________________ --- 4200 00'
John King--------------------------------------------- $50 00
(c) Immediately upon approval of this Stipulation and Agree-
ment by the Board post notices to its employees , in conspicuous
places thrdughout its Plant, and maintain said notices for a period
of at least sixty (60) consecutive days from the date of `posting,
stating that: '
(1) Respondent will not engage in conduct from which it is
ordered to cease and desist in paragraphs 1 (a) and (h) of this
Order;
(d) Notify the Regional Director for the Thirteenth Region,
in writing within ten (10) days from the date of the Board's
approval of this Stipulation and Agreement what steps Respond-
ent has taken to comply with the Order set forth in paragraph
V herein.
-VI
IT IS FURTHER STIPULATED AND AGREED by and between the par-
ties hereto that after the entry of the Order by the Board, as pro-
vided in this Stipulation and Agreement, the United States CiI-
cuit Court of Appeals for the Seventh Circuit may, upon appli-
cation by the Board and without notice to Respondent, enter its
Decree enforcing in full the said Order of the Board, and each
of the parties hereto hereby consents to the entry of such Decree
and hereby waives its right to contest the entry of any such Decree
and to receive notice of the filing of such application by the Board.
VII
Respondent heretofore denied that it has committed any unfair
labor practices and more specifically, without prejudice to the
generality of the above, the Respondent heretofore expressly
denied that it has committed any unfair labor practices and it is
understood and agreed by and between the Union, Respondent
and the Attorneys for the Board that nothing set forth in this
Stipulation and Agreement after the denial made heretofore by
the Respondent shall be construed in any way to limit its denial
nor shall anything set forth after the denial of Respondent here-
tofore set forth be construed as an admission by Respondent that
it has committed any unfair labor practices or that it has in any
way violated the provisions of the National Labor Relations Act.
46 DECISIONS OF NATIONAI. LABOR RELATIONS 'BOARD
VIII
All terms agreed upon are contained within this Stipulation
and Agreement and there is no verbal agreement of any kind
which varies, alters or adds to this Stipulation and Agreement.
This Stipulation and Agreement is subject to the approval of
the Board. -
On August 26, 1942, the Board issued its order approving the stipu-
lation, making it a part of the record, and pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the entry of a Decision and Order 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
1. THE BUSINESS OF THE RESPONDENT
The respondent, International Textile Company, Inc., an Illnois
corporation, is engaged in the business of processing and selling
wool, cotton, jute, and sisal fibres and waste rag material. During
1941 the respondent purchased raw materials amounting in value to
over $100,000, between 15 and 20 percent of which were shipped to
the respondent from points outside the State of Illinois. During
the same period the respondent had sales of more than $150,000, of
which more than 50 percent in value were shipped to points outside
the State of Illinois. During the first 6 months of 1942 the respondent
was engaged in the same business. For this latter period the value
of the materials shipped to the respondent from points outside the
State of Illinois and the value of the products shipped by the respond-
ent to points outside the State were equal to at least one-half of the
total amount of business for the year 1941, and the percentages of
materials transported to and from the plant from and to points out-
side the State of Illinois were approximately the same as for the
year 1941. On April 30, 1942, Nathan E. Chapman and Jesse Parma-
cek, a partnership doing business as International Textile Company,
succeeded to the business of the respondent and is now successor to
the respondent. For the purposes of this proceeding; the respondent
admits that it is engaged in 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, the stipulation, and the
entire record in the case, and pursuant •to Section 10 (c) of the
INTERNATIONAL TEXTILE COMPANY, INC. 47
National Labor Relations Act, the National Labor Relations Board
hereby orders that International Textile Company, Inc., Chicago,
Illinois, its officers, agents, successors, and assigns shall :
1. Cease and desist from :
(a) Discriminating in regard to hire or tenure of employment or
any term or condition of employment to discourage membership in
United Construction Workers, Division of District 50, United Mine
Workers of America, C. I. 0., or any other labor organization, as
provided in Section 8, Subsection (3) of the National Labor Rela-
tions Act;
(b) In any other inanner interfering with, restraining or coercing
its employees in the exercise of their right 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 provided in Section 8, Subsection (1) of the National
Labor Relations Act.
2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Offer Happy Anderson and John King, immediately upon
approval of this Stipulation and Agreement, and each of them, full
reinstatement to their former, or substantially equivalent positions,
without prejudice to their seniority and other rights and privileges;
(b) Pay to said Happy Anderson and John King the sums set forth
opposite their names below in full payment of all monies due them
for any loss of pay that they, and each of them, have suffered by.
reason of their discharge by Respondent' on October 30, 1941 and
March 19, 1942, respectively :
Happy Anderson---------------------------------------- $200.00
John King--------------------------------------------- $50.00
(c) Immediately upon approval of this Stipulation and Agreement
by the Board post notices to its employees, in conspicuous places
throughout its Plant, and maintain said notices for a period of at
least sixty (60) consecutive days from the date of posting, stating
that :
(1) Respondent will not engage in conduct from which it is ordered
to cease and desist in paragraphs 1 (a) and (b) of this Order;
(d) Notify the Regional Director for the Thirteenth Region, in
writing within ten (10) days from the date of the Board's approval
of this Stipulation and Agreement what steps Respondent has taken
to comply with the Order set forth in paragraph V hereiii.