Lampl Knitwear Co.

National Labor Relations Board - Board Decisions

Jun 24, 1941

32 N.L.R.B. 1103 (N.L.R.B. 1941)

In the Matter of LAMPL KNITWEAR COMPANY, A PARTNERSHIP, and
CLEVELAND JOINT BOARD, INTERNATIONAL LADIES GARMENT WORKERS
UNION
In the Matter of LAMPL SPORTSWEAR MANUFACTURING COMPANY,
A CORPORATION, and CLEVELAND JOINT BOARD, INTERNATIONAL LADIES
GARMENT WORKERS UNION
In the Matter of CARL KNIT SPORTSWEAR CO., A PARTNERSHIP, and
CLEVELAND JOINT BOARD, INTERNATIONAL LADIES GARMENT WORKERS
UNION
In the Matter of LEWIS KNITTING MILLS, A PARTNERSHIP, and
CLEVELAND JOINT BOARD, INTERNATIONAL LADIES GARMENT WORKERS
UNION
Cases Nos. C-1885 to C-1888, inclusive.-Decided June 24, 1941
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Harry L. Lodish, for the Board.
Mr. Carl G. Lampl and Mr. Joseph G. Lampl, of Cleveland, Ohio,
for the respondents.
Mr. William T. Little. of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges 1 duly and separately filed by
Cleveland Joint Board, International Ladies Garment Workers
Union, herein called the Union, against Lampl Knitwear Company,
Lampl Sportswear Manufacturing Company, Carl Knit Sportswear
Company, and Lewis Knitting Mills, herein collectively called thu
respondents, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Eighth Region (Cleveland,
Ohio) issued its complaint dated May 9, 1941, against the respond-
' Amended charges were filed against Lewis Knitwear Company (sic).
32 N. L . R. B., No. 169.
1103
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ents alleging that the respondents had engaged in and were engag-
ing in unfair labor practices affecting commerce, within the meaning
of Section 8 (1) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On May 29, 1941,
the Board, acting pursuant to Article II, Section 36 (b), of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
and with the consent of the parties, issued an order consolidating the
cases initiated by the separate charges against the respondents.
Concerning the unfair labor practices, the complaint alleged that
by (1) interrogating their employees concerning membership in the
Union; (2) advising them that the Union was not wanted; (3)
threatening union members; (4) threatening to have work done out-
side the plant if employees persisted in joining and assisting the
Union;,(5) encouraging and acquiescing in the circulation of anti-
union petitions during working hours; (6) prohibiting. activity on
behalf of the Union while permitting activities on behalf of other
labor organizations; and (7) advising employees to join a union of
the respondents' choosing, the respondents had interfered with, re-
strained, and coerced their employees in the exercise of the rights
guaranteed in Section 7 of the Act. The respondents filed no answer
to the complaint. On May 9, 1941,-the respondents entered into a
stipulation and agreement in settlement of the case subject to the
approval of the Board. -
The stipulation provides as follows :
It is hereby stipulated and agreed by and among the Lampl
Sportswear Manufacturing Company, a Corporation ; Carl G.
Lampl and Joseph G. Lampl, individually, and as co-partners,
doing business under the trade names and styles of Lampl Knit-
wear Company; Carl Knit Sportswear Company; Lewis Knitting
Mills, (all hereinafter referred to as Respondents) and Harry L.
Lodish, Regional Attorney, National Labor Relations - Board,
Eighth Region, that :
I
Upon charges duly filed by the Cleveland Joint Board, Inter-
national Ladies Garment Workers Union (hereinafter referred
to as the Union), the National Labor Relations Board (herein-
after referred to as the Board), by the Regional Director for the
Eighth Region, acting pursuant to authority granted in Section
10 (h) of the National Labor Relations Act, 49 Stat. 449 (here-
inafter called the Act) and pursuant to Article II, Section 5,
and Article IV, Section 1 of the National Labor Relations Board
Rules and Regulations, Series 2, as amended, duly issued a Coin-
I LAMPL KNITWEAR COMPANY 1105
plaint and Notice of Hearing thereon on May 9th, 1941 against
the Respondents.
II
All of the Respondents are jointly and severally engaged in
the business of, manufacturing, selling and distributing ladies
garments and dresses from knitted fabric. The raw, materials
used in said manufacturing are cloth, thread, buttons, garment
findings, and the like. Respondents Lampl Sportswear Manu-
facturing Company, Carl Knit Sportswear Co. and Lewis Knitting
Mills, in the course and conduct of their businesses, cause and have
continuously caused a large portion of the raw materials used in
the manufacture of their finished products to 'be purchased and
transported in interstate commerce from and through states of
the United States other than the State of Ohio to their plants in
the State of Ohio and Respondents Lampl Sportswear Manu-
facturing Company, Carl Knit Sportswear Co. and Lewis Knit-
ting Mills, through Respondent, Lampl Knitwear Company cause
and have continuously caused a large part of the products manu-
factured by them to be sold and transported in interstate com-
merce from their plants in the State of Ohio into and through
states of the United States other than the State of Ohio.
During the year 1939, Respondents' purchases of raw materials
amounted to about Two Hundred and Seventy Thousand ($270,-
000) Dollars, about seventy-five (75%) percent of which came
from outside the State of Ohio. During the same year the sales
amounted to over Six Hundred Thousand ($600,000) Dollars,
about seventy percent. (70%) of which was sold and distributed
outside the State of Ohio.
III
All parties hereto expressly waive further pleadings and right
to a hearing and to the making of Findings of Fact and Con-
clusions of Law by the Board, as set forth in Section, 10 (b) and
(c) of the Act,
IV
All parties hereto expressly consent to a consolidation of these
proceedings, in accordance with Article II, Section 36 (b) of the
Rules and Regulations, Series 2, as amended, and that the Com-
plaint, Notice of Hearing, Charges and copy of the Rules and
Regulations, Series 2, as amended, may be filed with the Chief
Trial Examiner, National Labor Relations Board together with
this Stipulation, and shall constitute the record in this case.
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
This Stipulation is subject to the approval of the National
Labor Relations Board and, upon this Stipulation being approved
by it, the said Board may enter an Order to the following effect :
1. The Respondents, their officers, agents, successors and
assigns, shall not :
(a) Interfere with, restrain or coerce their employees in the
exercise of their rights to self-organization, to form, join, or
assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed by Section 7 of the
National Labor Relations Act : '
(b) Discriminate in regard to hire or tenure of employment
of any of their employees by discharging, locking out, or in
any other manner discriminating against any of said em-
ployees for the purpose of discouraging membership in the
International Ladies Garment Workers Union or any other
labor organization, provided that nothing in this Order shall
preclude Respondents from making or abiding by agreements
with labor organizations (not established, maintained, or
assisted by any action defined in the National Labor Relations
Act as an unfair labor practice) to require as a condition of
employment membership therein.
2. The Respondents, their officers, agents, successors and
assigns shall take the following affirmative action which will
effectuate the policies of the National Labor Relations Act :
(a) Inform all of their officers and agents, together with all
others employed in a supervisory capacity, that they shall not
in any manner interfere with, restrain or coerce their em-
ployees 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 guaranteed in Section 7
of the National Labor' Relations Act;
(b) Post immediately in conspicuous places at their plants in
Cleveland, Ohio, and maintain for a period of at least sixty
(60) consecutive days from the date of posting notices to their
employees stating:
(1) That the Respondents will not engage in the conduct from
which they were ordered to desist in Paragraphs 1 (a) and
(b) of this Order; _
LAMPL KNITWEAR COMPANY 1107
(2) That the Respondents will take the affirmative action set
forth in Paragraph 2 (a) of this Order.
(c)' Notify the Regional Director for the Eighth Region in
writing within ten (10) days of the date of this Order of the
steps the Respondents have taken to comply herewith.
VI
It is further stipulated and agreed that any appropriate Cir-
cuit Court of Appeals in the United States may, upon applica-
tion by the Board, enter its decree enforcing the Order of the
Board in the form above set out. All parties waive the right
to' contest the entry of any' such decree and the right to receive
notice of the filing of an application for the entry of such decree.
VII
This stipulation contains the entire agreement among the
parties, there being no agreement of any kind, verbal or other-
wise, which varies, alters, or adds to this stipulation.
VIII
This stipulation shall be of no force and effect unless and until
approved by the Board and if not approved by the Board none
of the statements recited hereinabove may be used as evidence in
any proceeding before the Board.
On May 29, 1941, the Board issued its order approving the stipula-
tion, 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 'and con-
tinuing it before the'Board for the purposes of entry of a decision and
order by the Board pursuant to, the provisions of the said stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FAOT
I. , THE BUSINESS OF THE RESPONDENTS-
Carl G. Lampl and Joseph G. Lampl doing business as Lampl
Knitwear Company, a partnership,'Carl Knit Sportswear Co., a part-
nership, Lewis Knitting Mills, a partnership, and Lampl Sportswear
Manufacturing Company, a corporation,' are jointly and severally
engaged in the manufacture, sale, and distribution of ladies garments
and dresses from knitted products. Lampl Sportswear, Manufactur-
ing Company, Carl Knit Sportswear Co., and Lewis Knitting Mills
448692-42-vol. 32-71
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cause a large portion of the raw materials used in the manufacture
of their finished products to be transported to their plants in Ohio
from points outside the State of Ohio and through Lampl Knitwear
Company cause a large part of their manufactured products to be
shipped from their Ohio plants to points outside the State of Ohio.
In 1939, the respondents purchased raw materials valued at $270,000,
approximately 75 per cent of which originated outside the State of
Ohio, and sold finished products valued at approximately $600,000,
approximately 70 per cent of which were shipped to points outside
the State of Ohio.
We find that the above described operations of the respondents
constitute a continuous flow of trade, traffic, and commerce among the
several States.
ORDER
Upon the basis of the above findings of fact, this 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 Lampl Sportswear Manufacturing Company, a
corporation, and Carl G. Lampl and Joseph G. Lampl, individually,
and as copartners, doing business under the trade names and styles
of Lampl Knitwear Company, Carl Knit Sportswear Company and
Lewis Knitting Mills, their officers, agents, successors, and assigns:
1. Shall not :
(a) Interfere with, restrain or coerce their employees in the exer-
cise 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 purpose
of collective .bargaining or other mutual aid or protection, as guar-
anteed by Section 7 of the National Labor Relations Act;
(b) Discriminate in regard to hire or tenure of employment of any
of their employees by discharging, locking out, or in any other manner
discriminating against any of said employees for the purpose of dis-
couraging membership in the International Ladies Garment Workers
Union or any other labor organization, provided that nothing in this
Order shall preclude Respondents from making or abiding by agree-
ments with labor organizations (not established, maintained, or as-
sisted by any action defined in the National Labor Relations Act as
an unfair labor practice) to require as a condition of employment
membership therein.
2. The Respondents, their officers, agents, successors and assigns
shall take the following affirmative action which will effectuate the
policies of the National Labor Relations Act :
LAMPL KNITWEAR COMPANY 1109
(a) Inform all of their officers and agents, together with all others
employed in a supervisory capacity, that they shall not in any manner
interfere with, restrain or coerce their employees in the exercise of
their right to self-organization, to form, join, or asgist labor organiza-
tions, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities, for the purpose of col-
lective bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act;
(b) Post immediately in conspicuous places at their plants in Cleve-
land, Ohio and maintain for a period of at least sixty (60) consecutive
days from the date of posting notices to their employees stating : (1)
That the Respondents will not engage in the conduct from which they
were ordered to desist in Paragraphs 1 (a) and (b) of this Order;
(2) That the Respondents will take the affirmative action set forth
in Paragraph 2 (a) of this Order.
(c) Notify the Regional Director for the Eighth. Region in writing
with ten (10) days of the date of this Order of the steps the Respond-
ents have taken to comply herewith.