Lycoming Hosiery Mills

National Labor Relations Board - Board Decisions

Nov 1, 1939

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

In the Matter of PARK HOSIERY DYEING & FINISHING COMPANY, INC.,
AND SAMUEL I. BURD, INDIVIDUALLY, AND TRADING AS, AND DOING
BUSINESS UNDER THE FIRM NAME AND STYLE OF LYCOMING HOSIERY
MILLS and AMERICAN FEDERATION OF HOSIERY WORKERS, AFFILI-
ATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. C-13.95.-Decided November 1, 1939
Hosiery Manufacturing Industry-Settlement: stipulation providing for
compliance with the Act, including reinstatement with back pay-Order: en-
tered on stipulation.
Mr. Vincent A. Burns, and Mr. Samuel G. Zack, for the Board.
Mr. Lewis J. Shapiro, and Mr. Michael J. Maggio, of Williams-
port, Pa., for Park Hosiery Dyeing & Finishing Company, Inc., and
Mr. Lewis J. Shapiro for Samuel I. Burd.
Mr. Jackson Curry, of Williamsport, Pa., for the Union.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Fed-
eration of Hosiery Workers, affiliated with the Congress of Indus-
trial Organizations, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Acting Regional
Director for the Fourth Region (Philadelphia, Pennsylvania),
issued its complaint dated September 8, 1939, against Park Hosiery
Dyeing & Finishing Company, Inc.,' and Samuel 1. BI>rd, indi-
vidually, and trading as and doing business under the firm name
and style of Lycoming Hosiery Mills, both of Williamsport, Penn-
sylvania, and herein called the respondents, alleging that the re-
spondents had engaged in and were 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. A copy of the complaint,
1 This respondent also is designated in the record as Park Hosiery Dyeing and Finishing
Company, Inc.
17 N. L . R. B., No. 3.
10
PARK HOSIERY DYEING & FINISHING COMPANY, INC. 11
accompanied by a notice of hearing, was duly served upon each of
the respondents and upon the Union.
The complaint alleged in substance that the respondents in or
about November 1937, and at various times thereafter, (a) spied
upon and maintained surveillance over meetings of the Union for
the purposes of learning which employees were interested in union
activities, and to restrain, intimidate, and coerce their employees
in the exercise of their right to self-organization; (b) cautioned,
advised, and urged their employees against the Union; (c) made
statements to their employees derogatory to the aims and purposes
of the Union, its officers, agents, and members; (d) 'threatened to
close their plant in the event their employees became members of
the Union; (e) in various other ways intimidated their employees,
all with the purpose and intent of discouraging membership in the
Union; (f) terminated the employment of Floyd Kendall and Betty
Bell, and refused reinstatement to said Floyd Kendall and Betty
Bell for the reason that they joined and assisted the Union, and
engaged in concerted activities with other employees for the pur-
poses of collective bargaining and other mutual aid and protection;
and (g) by other acts interfered with, restrained, and coerced their
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
On September 30, 1939, each of the respondents filed an answer to
the complaint, denying the material allegations thereof.
Pursuant to the notice a hearing was held on October 2, 1939, at
Williamsport, Pennsylvania, before Edward Grandison Smith, the
Trial Examiner duly designated by the Board. The Board and the
respondents appeared by counsel and the Union by its representative.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues were
afforded all parties. At the hearing a stipulation and agreement in
settlement of the case signed by each of the respondents, by the
Union, and by counsel for the Board was admitted to the record
herein.
On October 16, 1939, a supplemental stipulation and agreement
amending the stipulation and agreement was executed by each of the
respondents, by the Union, and by counsel for the Board. The
stipulation and agreement, as thus amended, provides as follows :
It is hereby stipulated by and between Park Hosiery Dyeing
& Finishing Company, Inc., a respondent herein; Samuel I.
Burd, individually, and trading as, and doing business:under the
firm name and style of Lycoming Hosiery Mills, a respondent
herein ; American Federation of Hosiery Workers, a party here-
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in; and Vincent A. Burns and Samuel G. Zack, attorneys for the
National Labor Relations Board, that :
I. Upon charges duly filed by the American Federation of
Hosiery Workers, affiliated with the Congress of Industrial
Organizations, the National Labor Relations Board, by the Act-
ing 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 Regulations,
Series 2, Article IV, Section 1, issued its Complaint containing
a Notice of Hearing on the 8th day of September, 1939, against
the Park Hosiery Dyeing & Finishing Company, Inc., and Sam-
uel I. Burd, individually, and trading as, and doing business
under the firm name and style of Lycoming Hosiery Mills.
II. The respondent, Park Hosiery Dyeing & Finishing Com-
pany, Inc., is and has been since on or about July 16, 1937, a
corporation organized and existing by virtue of the laws of the
State of Pennsylvania, having its plant and general offices in
the City of Williamsport, County of Lycoming, State of Penn-
sylvania, and is now and has continuously, for a long period of
time, and at all times herein mentioned, been engaged at its
place of business in the City of Williamsport, County of Ly-
coming, State of Pennsylvania, hereinafter called its Williams-
port plant, at buying raw materials, finishing, pressing, board-
ing, boxing, and distributing silk hosiery, operating under said
firm and under the firm name and style of Lycoming Hosiery
Mills.
III. The respondent, Samuel I. Burd, is an individual trading
as and doing business under the firm names and styles of Ly-
coming Hosiery Mills, and Burd Buying Syndicate, having sales
offices in the Cities of New York, New York, and Philadelphia,
Pennsylvania, and a plant in the City of Williamsport, County
of Lycoming, State of Pennsylvania, herein above referred to in
paragraph II as the Williamsport plant, and is now and has at
all times herein mentioned been engaged at said Williamsport
plant in the buying of raw materials, selling, finishing, pressing,
boarding, boxing, and distributing of silk hosiery.
IV. The respondents, in the course and conduct of their afore-
said operations, cause and have continuously caused substantial
quantities of raw materials used in buying, selling, dyeing, fin-
ishing, pressing, boarding, boxing, and distributing their silk
hosiery, to be purchased and transported in interstate com-
merce, from and through States of the United States other than
the State of Pennsylvania, to their Williamsport plant in the
PARK HOSIERY DYEING cC FINISHING COMPANY, INC. 13
State of Pennsylvania, and have continuously for a long period
of time, caused approximately 60,000 dozen pairs per 'year,
(valued at approximately $300,000,) of silk hosiery processed
by them to be sold and transported in interstate commerce from
their Williamsport plant in the State of Pennsylvania, to, into,
and through States of the United States other than the State of
Pennsylvania, all of the aforesaid constituting a continuous flow
of trade, traffic, and commerce among the several States.
V. The taking of further testimony or evidence before the
Trial Examiner in this matter and the making of findings of
facts and conclusions by the Board pursuant to the provisions
of the National Labor Relations Act are hereby expressly waived
by all parties herein.
VI. The American Federation of Hosiery Workers, affiliated
with the Congress of Industrial Organizations, hereinafter
called the Union, is a labor organization within the meaning of
Section 2, subdivisions (5) of the said Act.
VII. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the pleadings, which includes the Com-
plaint and the Answer denying the allegations of the Complaint,
an order may forthwith be entered by said Board and by the
appropriate United States Circuit Court of Appeals, without
further notice of the application for enforcement thereof, pro-
viding as follows :
The respondents, Park Hosiery Dyeing & Finishing Company,
Inc., and Samuel I. Burd, individually, and trading as, and do-
ing business under the firm name and style of Lycoming Hosiery
Mills, and its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) in any manner interfering with, restraining, or coercing
its employees of its Williamsport plant, in the exercise of their
rights to self-organization, to form, join, or assist labor organi-
zations, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the Act;
(b) discouraging membership in the American Federation of
HosieryWorkers, affiliated with the Congress of Industrial Or-
ganizations, or any other labor organization of its employees
of its Williamsport plant, or in any manner discriminating
in regard to their hire and tenure of employment or any term
or condition of employment because of their membership in or
assistance in behalf of the American Federation of Hosiery
Workers, affiliated with the Congress of Industrial Organiza-
tions, or any other labor organization'.
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action, in order to effectuate
the purposes of the Act :
(a) Offer to Betty Bell and Floyd Kendall immediate and
full reinstatement to their former positions without loss of
seniority and without prejudice to any other rights and priv-
ileges previously enjoyed by them. The said offer shall be made
by registered mail to each of said employees within five (5)
days of the approval of this stipulation by the National Labor
Relations Board; in the absence of an acceptance of said offer
within ten (10) days from the date of the receipt thereof, said
offer shall be deemed rejected;
(b) Make whole the said Betty Bell and Floyd Kendall for
loss of pay suffered, by payment to each of them, respectively,
and immediately upon approval of this stipulation by the Board,
the sum of $25.00, which sum is in full settlement of the amount
which each would have earned as wages from the dates of their
respective discharges, as set forth in the Complaint, to the said
date of payment;
(c) Post and keep visible on each of the bulletin boards in
the respondents' plant, for a period of sixty (60) days after
receipt, copies of the following notice :
NOTICE
The Park Hosiery Dyeing & Finishing Company, Inc., and
Samuel I. Burd, individually and trading as, and doing business
under the firm name and style of Lycoming Hosiery Mills, will
cease and desist from :
In any manner interfering with, restraining, or coercing its
employees of its Williamsport plant, in the exercise of their
rights to self-organization, to form, join, or assist labor organ-
izations, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the Act.
(d) Notify the Regional Director for the Fourth Region,
in writing, of compliance with the foregoing order within sixty
(60) days from the date of its entry by the Board.
VIII. It is further stipulated and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
IX. No charges will be filed by the American Federation of
Hosiery Workers, affiliated with the Congress of Industrial Or-
ganizations, on account of matters occurring prior to this stipu-
lation,and the date hereof.
X. It is further stipulated and agreed that the entire agree-
ment is contained within the terms of this stipulation and that
PARK HOSIERY DYEING & FINISHING COMPANY, INC. 15
there is no verbal agreement of any kind which varies, alters,
or adds to this stipulation.
On October 24, 1939, the Board issued an order approving the
above stipulation and agreement, and the supplemental stipulation
and agreement, and making them part of the record in this case,
and transferring this case to and continuing it before the Board for
the purpose of entry of a decision and order by the Board pursuant
to the provisions of the stipulation and agreement and the supple-
mental stipulation and agreement.
Upon the above stipulation and agreement, as amended, and upon
the entire.record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Park Hosiery Dyeing & Finishing Company, Inc., is and has been
since on or about July 16, 1937, a corporation organized and existing
by virtue of the laws of the State of Pennsylvania, having its plant
and general offices in the City of Williamsport, County of Lycoming,
State of Pennsylvania, and is now and has continuously, for a long
period of time, and at all times herein mentioned, been engaged at
its place of business in Williamsport, Pennsylvania, herein called
the Williamsport plant, at buying raw materials, and finishing, press-
ing, boarding, boxing, and distributing silk hosiery, and operating
under said firm and under the firm name and style of Lycoming
Hosiery Mills.
Samuel I. Burd is an individual trading as and doing business
under the firm names and styles of Lycoming Hosiery Mills, and
Burd Buying Syndicate, having sales offices in the Cities of New
York, New York, and Philadelphia, Pennsylvania, and a plant in the
City of Williamsport, County of Lycoming, State of Pennsylvania,
hereinabove referred to as the Williamsport plant, and is now and
has at all times herein mentioned been engaged at said Williamsport
plant in the buying of raw materials, and selling, finishing, pressing,
boarding, boxing, and distributing of silk hosiery.
. The respondents, in the course and conduct of their aforesaid
operations, cause and have continuously caused substantial quantities
of raw materials used in buying, selling, dyeing, finishing, pressing,
boarding, boxing, and distributing their silk hosiery, to be purchased
and transported in interstate commerce, from and through States of
the United States other than the. State of Pennsylvania, to their
Williamsport plant in'the State of Pennsylvania, and have continu-
ously for a long period of time, caused approximately 60,000 dozen
pairs per, year (valued at approximately $300,000) of silk hosiery
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
processed by them to be sold and transported in interstate commerce
from their Williamsport plant in the State of Pennsylvania, to, into,
and through States of the United States other than the State of
Pennsylvania, all of the aforesaid constituting a continuous flow of
trade, traffic, and commerce among the several States.
We find that the above-described operations constitute a con-
tinuous flow of trade, traffic, and commerce among the several States.
I .I. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers, affiliated with the Con-
gress of Industrial Organizations, is a labor organization, within the
meaning of Section 2 (5) of the Act.
ORDER
Upon the basis of the above findings of fact, stipulation and agree-
ment, as amended, 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 Park Hosiery Dyeing &
Finishing Company, Inc., Williamsport, Pennsylvania, and Samuel
I. Burd, Williamsport, Pennsylvania, individually, and trading as
and doing business under the firm name and style of Lycoming
Hosiery Mills, and each of them, and their respective officers, agents,
successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing their
employees of their Williamsport plant, 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 and other mutual aid or protection, as guaranteed in
Section 7 of the Act;
(b) Discouraging membership in the American Federation of
Hosiery Workers, affiliated with the Congress of Industrial Organiza-
tions, or any other labor organization of their employees of their
Williamsport, Pennsylvania, plant, or in any other manner dis-
criminating in regard to their hire and tenure of employment or
any term or condition of employment because of their membership
in or assistance in behalf of the American Federation of Hosiery
Workers, affiliated with the Congress of Industrial Organizations, or
any other labor organization.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Betty Bell and Floyd Kendall immediate and full
reinstatement to their former positions without loss of seniority and
PARRS HOSIERY DYEING & FINISHING COMPANY, INC. 17
without prejudice to any other rights and privileges previously en-
joyed by them. The said offer shall be made by registered mail to
each of said employees within five (5) days from the date of this
Order; in the absence of an acceptance of said offer within ten (10)
days from the date of the receipt thereof, said offer shall be deemed
rejected;
(b) Make whole said Betty Bell and Floyd Kendall for loss of
pay suffered, by payment to each of them, respectively, the sum of
$25, which sum is in full settlement of the amount which each would
have earned as wages from the dates of their respective discharges, as
set forth in the complaint, to the said date of payment ;
(c) Post and keep visible on each of the bulletin boards in the
respondents' plant, for a period of sixty (60) days after receipt,
copies of the following notice :
NOTICE
The Park Hosiery Dyeing & Finishing Company, Inc., and Samuel
I. Burd, individually and trading as, and doing business under the
firm name and style of Lycoming Hosiery Mills, will cease and desist
from :
In any manner interfering with, restraining, or coercing its em-
ployees- of its Williamsport plant, 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 purpose of collective
bargaining or other mutual aid or. protection, as guaranteed in Sec-
tion 7 of the Act.
(d) Notify the Regional Director for the Fourth Region, in writ-
ing, of compliance with the foregoing Order within sixty (60) days
from the date of its entry by the Board.