Jacobs Brothers, Inc.

National Labor Relations Board - Board Decisions

Jan 29, 1942

38 N.L.R.B. 668 (N.L.R.B. 1942)

In the Matter Of JACOBS BROTHERS , INC. and INTERNATIONAL LADIES
GARMENT WORKERS UNION1 A. F. L.
Case No. C,19057.-Decided January 29, 1942
Jurisdiction : nurses' and maids' uniforms manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation
Mr. Malcolm A. Hoffman. Mr. Lester M. Levin, Mr. Earle K.
Shawe, and Mr. Elgin Hardin, for the Board.
Niles, Barton, Morrow cC Yost, by Mr. Carlyle Barton and Mr. Henry
W. Schultheis, of Baltimore, Md., and Mr. Joseph Allen and Mr.
Fred Hoakev, of Baltimore, Md., for the respondent.
Mr. Jacob J. Edelman, of Baltimore, Md., and Mr. Whiting C.
Faulkner, of Martinsburg, W. Va., for the Union.
Mrs. Pearl L. Caddie, of Hancock, Md., for the Independent.
Mr. Daniel J. Harrington, 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, A. F. of L., herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Fifth Region (Baltimore, Mary-
land), issued its complaint, dated November 10, 1941, against Jacobs
Brothers, Inc., Hancock, Maryland, 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), (2), and (3), and Section 2 (6) and (7) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint, accompanied by a notice of hearing thereon.
were duly served upon the respondent, the Union, and the Inde-
pendent Garment Workers of Hancock, Inc., herein called the
Independent, a labor organization alleged in the,. complaint to be
dominated by the respondent.
38 N L R B., No. 134.
668
JACOBS BROTHERS, INC. 669
With respect to the unfair labor practices the complaint alleged in
substance that the respondent: (1) discharged Anna Thompson
Lashley on or about May 29, 1941, April Roman on or about August
15, 1941, and Theresa Baker on or about August 18, 1941, and there-
after refused to reinstate them because they assisted the Union and
engaged in concerted activities with other employees for the purpose
of collective bargaining and other mutual aid and protection; (2) on
or about September 18, 1941, initiated, formed and sponsored the Inde-
pendent and thereafter dominated and interfered with its administra-
tion and contributed support to it; and (3) from on or about May 27,
1941, down to and including the date of the issuance of the complaint,
urged, persuaded, and warned its employees at the Hancock plant to
refrain from becoming or remaining members of the Union, threat-
ened said employees with discharge and other reprisals if they became
or remained members thereof, and otherwise interfered with its em-
ployees' rights to self-organization by certain specifically alleged acts
and statements.
On November 21, 1941, the respondent filed its answer admitting the
allegations of the complaint concerning its incorporation and business
and admitting the discharges, but denying that it had engaged in any
unfair labor practices.
Pursuant to notice, a hearing was held at Hancock, Maryland, on
November 27 and 28, and December 2, 3, 11, and 12, 1941, before
Edward G. Smith, the Trial Examiner duly designated by the Chief
Trial Examiner. The Board, the respondent, the Union, and the
Independent,' participated in the hearing. On December 11, 1941,
during the course of the hearing, the respondent, the Union, the Inde-
pendent, and the attorneys for the Board entered into a stipulation
which provides as follows :
Whereas charges, as amended, were duly filed by the Interna-
tional Ladies Garment Workers Union (AFL) (hereinafter re-
ferred to as the International), and the National Labor Relations
Board (hereinafter referred to as the Board), by the Regional
Director of the Fifth Region issued its complaint dated the 10th
day of November, 1941, and
Whereas the complaint, accompanied by a Notice of Hearing,
was duly served upon Jacobs Brothers, Inc. (incorrectly desig-
nated in the complaint as Jacobs Bros., Inc.) (hereinafter re-
ferred to as the Respondent), alleging that the Respondent had
engaged in unfair labor practices affecting commerce within the
meaning of Sections 8 (1), (2) and (3) and Sections 2 (6) and
' The Independent , although served with a copy of the complaint and notice of hearing,
participated in the hearing only to the extent of joining in the stipulation , hereinafter
mentioned.
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(7) of the National Labor Relations Act (hereinafter referred to
as the Act), and said complaint also having been served upon the
Independent Garment Workers of Hancock, Inc. (hereinafter
referred to as the Independent), and
Whereas, pursuant to due notice, a hearing was conducted by
E. G. Smith, Trial Examiner duly designated by the Board at
Hancock, Maryland, on the 27th day of November 1941, and on
various days between November 27 and December 4, 1941, during
which time the Respondent, the International and the Board were
represented by counsel, and participated in the hearing, and
Whereas, Jacobs Brothers, Inc. has not admitted any of the
unfair labor practice charges against it but has denied all of
the said charges; notwithstanding said denial, said Jacobs
Brothers, Inc. and all of the other parties hereto desire to dis-
pense with further proceedings upon said complaint and to dis-
pose of all issues created by said complaint, with the exception
of the alleged discrimination against April Roman which case
shall be disposed of as hereinafter provided in Paragraph 8.
Now, therefore, it is hereby stipulated and agreed by and
between Jacobs Brothers, Inc.; the International; the, Independ-
ent, and Malcolm Hoffman, Earle K. Shawe and Lester M. Levin,
Attorneys for the National Labor Relations Board, that :
1. The Respondent is incorporated under and existing by
virtue of the laws of the state of Maryland, having its principal
office in the city of Baltimore, state of Maryland. The re-
spondent is engaged in the manufacture of nurses' and maids'
uniforms, and has plants located in Manchester, Maryland;
Littlestown, Pennsylvania; Delmar, Delaware; Baltimore, Mary-
land, and Hancock, Maryland. Its plant at Hancock, Maryland,
constitutes an integral part of the Respondent's system of manu-
facture. During the year 1940, the percentage of raw materials
obtained from states other than the state of Maryland and used
in the production of the product at Hancock, Maryland,
amounted to 100%. The percentage of the finished products
shipped to states other than the state of Maryland amounted
to 99% of the total volume of business. During the year 1940,
the total volume of business amounted to well over $100,000.
The Respondent agrees, for the purpose of this proceeding, that
in operating the Hancock, Maryland, plant (hereinafter re-
ferred to as the Hancock Plant), the respondent was and is
engaged in interstate commerce within the, meaning of Section
2 (6) of the Act, and that its activities affect commerce within
the meaning of Section 2 (7) of the Act.
2. The International and the Independent are labor organiza-
tions within the meaning of Section 2 (5) of the Act.
JACOBS BROTHERS, INC. 671
3. The parties hereto agree to waive the right to the continua-
tion of a hearing herein, except as to testimony concerning the
alleged discrimination case of April Roman as provided for in
Paragraph 8 herein, and to the making of findings of fact and
conclusions of law, in this proceeding by the Board.
4. Respondent has paid to Teresa Baker the sum of $230.00
in full settlement for any loss of pay she has suffered by reason
of her discharge on August 15, 1941.
5. The parties hereto agree that all matters alleged in the
complaint shall be deemed to have been disposed of by virtue of
the Order of the Board and the Decree of the United States
Circuit Court of Appeals, hereinafter described, with the excep-
tion of the alleged discrimination against April Roman, which
case shall be disposed of as hereinafter provided in Paragraph 8.
6. This Stipulation, together with the complaint, amended
charge and Answer of the Respondent, shall constitute the en-
tire record in this case, and may be filed with the Chief Trial
Examiner of the National Labor Relations Board, in Wash-
ington, D. C.
7. The parties hereto consent to the entry by the United
States Circuit Court of Appeals for the Fourth Circuit, upon
application of the Board, of a Decree enforcing the Order (to
be entered by the Board) pursuant to this Stipulation. Said
application is not to be made prior to February 15, 1942. Each of
the parties hereto consents to the entry of such Decree and hereby
waives any and all requirements of notice of the filing of such
application by the Board. Upon the basis of the record herein
and this Stipulation of settlement, if approved by the Board,
an Order may forthwith be entered by the Board providing as
follows :
The Respondent, Jacobs Brothers, Inc., Hancock, Maryland,
its agents, successors and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in the International Ladies
Garment Workers Union (AFL) or any other labor organiza-
tion of its employees, by discharging or refusing to reinstate
any of its employees, or in any other manner discriminating in
regard to their hire and tenure of employment because of mem-
bership or activity in connection with any such labor organiza-
tions ;
(b) Urging, persuading, and warning its employees at said
Hancock Plant to refrain from becoming or remaining members
of the International Ladies Garment Workers Union (AFL),
or threatening of said employees that if the union was organized,
the plant of the Respondent would move away from the town
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Hancock, Maryland, or the causing or permitting of violent
exclusion and eviction by employees of the Respondent of other
employees and who were members of the union from the said
Hancock Plant of the Respondent;
(c) Dominating or interfering with the administration of
the Independent Garment Workers of Hancock, Inc., or with
the formation or the administration of any other labor organi-
zation of its employees;
(d) Recognizing the Independent Garment Workers of Han-
cock, Inc., as the representatives of any of the employees at its
Hancock Plant, for the purpose of dealing with the Respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment or other conditions of employment;
(e) Giving effect to a contract dated November 24, 1941
between the Respondent and the Independent Garment Workers
of Hancock, Inc.
(f) In any other manner interfering with, restraining, or
coercing the 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 choos-
ing, 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 Act.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) Offer to Teresa Baker, not later than Monday, January
5, 1942, full reinstatement to her former or substantially
equivalent position, without prejudice to her seniority and
other rights and privileges.
(b) Withdraw and withhold any and all recognition from the
Independent Garment Workers of Hancock, Inc., as the repre-
sentative of any of its employees at its Hancock Plant, for the
purpose of dealing with the Respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment and
other conditions of employment, and completely disestablish the
Independent Garment Workers of Hancock, Inc. as such
representative.
(c) Post immediately in conspicuous places at its Hancock
plant and maintain for a period of at least sixty (60) consecu-
tive days from the date of the posting, copies of the Stipulation
upon which this Order is based.
(d) Notify the Regional Director for the Fifth Region in
writing within ten days from the date of the Order by the
National Labor Relations Board of the manner and form in
JACOBS BROTHERS, INC. 673
which the Respondent has complied with the provisions of the
Order.
And it is further ordered that the Complaint insofar as it
alleges that the Respondent has discriminated in regard to the
hire and tenure of employment of Anna Lashley, be, and hereby
is, dismissed.
8. It is further stipulated and agreed that no further testimony
shall be taken in these proceedings except testimony in defense
and rebuttal related to the alleged discrimination against April
Roman, and the findings and the recommendations of the Trial
Examiner shall be made upon the entire record in the case and
shall be confined exclusively to the case of the said April Roman.
The Respondent expressly stipulates and agrees that it will
promptly comply with the recommendations of the Trial Exam-
iner as contained in his Intermediate Report, and the Inter-
national and the Respondent expressly stipulate and agree that
they will not except to or appeal from any findings or recom-
mendations of the Trial Examiner with respect to the case of
April Roman, and the International and the Respondent specifi-
cally waive exceptions to the findings and recommendations of
the Trial Examiner .2
9. It is further stipulated and agreed that the International
will immediately file with the Regional Director for the Fifth
Region of the National Labor Relations Board a Petition for
Investigation and Certification of Representatives for certain
employees employed at the Respondent's Hancock, Maryland,
Plant, and the Respondent and the International agree to settle
any question of representation raised by said Petition by entering
into an agreement for a consent election to be conducted by the
Regional Director for the Fifth Region of the National Labor
Relations Board on January 30, 1942.
10. This Stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon the granting of such approval.
11. It is understood and agreed that the entire agreement by and
between the parties hereto is contained within the terms of this
Stipulation, and that there is no verbal agreement of any kind
which varies, alters or adds to this Stipulation of settlement.
At the conclusion of the hearing, counsel for the Board moved to
amend the pleadings to conform to the proof with respect to certain
' On January 17, 1942, the Trial Examiner issued his Intermediate Report, copies of which
were duly served upon the respondent, the Union, and the Independent, wherein he found
that the respondent had discriminated in regard to the hire and tenure of employment of
April Roman and recommended that the respondent offer her full reinstatement with back
pay. In view of the provisions of Paragraph 8 of the stipulation, ww a will not issue an Order
at this time with respect to the findings and recommendations contained in the Interme-
diate Report.
438861-42-vol. 38-44
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
minor matters. This motion was granted by the Trial Examiner with-
out objection. On December 23, 1941, the respondent filed a brief.
On January 6, 1942, the Board issued its order approving the stipula-
tion and making it a part of the record in the case.
Upon the stipulation and the entire record in the case, the Board
makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDi \ T
The respondent is a Maryland corporation having its principal office
in Baltimore, Maryland. It is engaged in the manufacture of nurses'
and maids' uniforms at plants located in Baltimore, Hancock, and
Manchester, Maryland; Littlestown, Pennsylvania; and Delmar,
Delaware. Its plant at Hancock, the only one herein involved, con-
stitutes an integral part of the respondent's system of manufacture.
During the year 1940, the percentage of raw materials obtained by the
respondent from States other than the State of Maryland and used in
the production of its product in Hancock, amounted to 100 per cent.
The percentage of its finished product shipped therefrom to States
other than the State of Maryland amounted to 99 per cent of the total
volume of business. During the year 1940, the total volume of business
.amounted to well over $100,000.
The respondent admits that in operating the Hancock plant it is en-
gaged 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 foregoing findings of fact, the 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, Jacobs Brothers, Inc., Hancock.
Maryland, its agents, successors, and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in the International Ladies Garment
Workers Union (AFL) or any other labor organization of its em-
ployees, by discharging or refusing to reinstate any of its employees,
or in any other manner discriminating in regard to their hire and
tenure of employment because of membership or activity in connection
with any such labor organizations;
(b) Urging, persuading, and warning its employees at said Han-
cock Plant to refrain from becoming or remaining members of the
International Ladies Garment Workers Union (AFL), or threaten-
ing of said employees that if the union was organized, the plant of
the Respondent would move away from the town of Hancock, Mary-
JACOBS BROTHERS, INC. 675
land, or the causing or permitting of violent exclusion and eviction
by employees of the Respondent of other employees who were mem-
bers of the union from the said Hancock Plant of the Respondent;
(c) Dominating or interfering with the administration of the
Independent Garment Workers of Hancock, Inc., or with the forma-
tion or the administration of any other labor organization of its
employees ;
(d) Recognizing the Independent Garment Workers of Hancock,
Inc., as the representatives of any of the employees at its Hancock
Plant, for the purpose of dealing with the Respondent concerning
grievances , labor disputes , wages, rates of pay, hours of employment
or other conditions of employment;
(e) Giving effect to a contract dated November 24, 1941 between
the Respondent and the Independent Garment Workers of Hancock,
Inc.
(f) In any other manner interfering with, restraining , or coercing
the 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 in Section 7 of the Act.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Offer to Teresa Baker, not later than Monday, January 5, 1942,
full reinstatement to her former or substantially equivalent position,
without prejudice to her seniority and other rights and privileges.
(b) Withdraw and withhold any and all recognition from the
Independent Garment Workers of Hancock, Inc., as the representa-
tive of any of its employees at its Hancock Plant,-for the purpose of
dealing with the Respondent concerning grievances , labor disputes,
wages, rates of pay, hours of employment and other conditions of
employment , and completely disestablish the Independent Garment
Workers of Hancock, Inc. as such representative.
(c) Post immediately in conspicuous places at its Hancock Plant
and maintain for a period of at least sixty ( 60) consecutive days from
the date of the posting, copies of the Stipulation upon which this
Order is based.
(d) Notify the Regional Director for the Fifth Region in,writing
within ten days from the date of the Order by the National Labor
Relations Board of the manner and form in which the Respondent
has complied with the provisions of the Order.
AND IT IS FURTHER ORDERED that the Complaint insofar as it alleges
that the Respondent has discriminated in regard to the hire and tenure
of employment of Anna Lashley, be , and hereby is, dismissed.