Narragansett Plush Co., Inc.

National Labor Relations Board - Board Decisions

Apr 8, 1940

22 N.L.R.B. 802 (N.L.R.B. 1940)

In the Matter of NARRAGANSETT PLUSH CO., INC. and TEXTILE WORKERS
ORGANIZING COMMITTEE, LOCAL No. 28 OF THE C. I. O.
Case No. C-1022.-Decided April 8, 1940
Upholstery Fabrics Manufacturing Industry-Settlement : stipulation between
respondent and attorney for Board , providing for compliance with Act, including
discharge of new employees hired after removal of plant from Pawtucket to
Fall River ; offer of immediate reinstatement at new plant without back pay to
11 employees in so far as work available , and preferential status for those not
offered immediate reinstatement ; offer of reinstatement without back pay to
1 additional employee as soon as work such as was formerly done by said em-
ployee becomes available ; and recognition of Union-Protest: stipulation approved
by Board over protest of Union-Order : entered on stipulation and record.
Mr. Albert J. Hoban and Mr. Bernard J. Donoghue, for the Board.
Mr. Albert Lantliier, of Central Falls, R. I., for the respondent.
Mr. Alfred Udoff, of New York City, for the Union.
Mr. David Findling, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Textile Workers
Organizing Committee, Local No. 28,1 affiliated with the Congress of
Industrial Organizations, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the First Region (Boston, Massachusetts), issued its complaint,
dated July 23, 1938, against Narragansett Plush Company, Inc.,2 Fall
River, Massachusetts, 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), (3), and (5)
and Section 2 (6) and (7) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On July 23, 1938, copies of the
complaint and notice of hearing thereon were duly served upon the
respondent and the Union.
Now Textile workers Union of America, Local No. 28. See Section II, infra.
2 Also sometimes refereed to in the record as Narragansett Plush Co , Inc.
22 N. L R. B, No. 50.
802
NARRAGANSETT PLUSH CO., INC. 803
With respect to the unfair labor practices the complaint alleged
in substance (1) that the respondent, on or about November 15,
1937, closed its plant-at Pawtucket, Rhode Island, and discharged
all of its production and maintenance employees therefrom, and,
on or about December 1, 1937, transferred its operations to Fall
River, Massachusetts, 3 in order to evade the obligations of a contract
entered into with the Union on or about April 16, 1937, and to avoid
bargaining collectively with the Union which had been duly desig-
nated by a majority of the respondent's employees in an appropriate
unit as their respresentative for such purposes, and that the respond-
ent thereby refused to bargain collectively, with the Union as such
representative; (2) that the respondent on or about November 15,
1937, discharged from its plant at Pawtucket as aforesaid, and there-
after refused to recall to employment at its plant at Fall River, 13
named employees, 4 being production and maintenance employees of
the respondent at the Pawtucket plant, because they had joined and
assisted the Union and engaged in concerted activities with other em-
ployees for the purposes of collective bargaining and other mutual
aid and protection, and that the respondent thereby discriminated
in regard to the hire and tenure of employment of the aforesaid 13
employees and discouraged membership in the Union; and (3) that
the respondent, by these acts and other acts, interfered with, re-
strained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. On August 1, 1938, the respond-
ent filed its answer in which it admitted the allegations of the com-
plaint with respect to the conduct of its business and the removal
of its operations to Fall River, but denied the averments of unfair
labor practices.
Pursuant to notice, a hearing was held on August 1 and 2, 1938,
at Providence, Rhode Island, before Peter F. Ward, the Trial Ex-
aminer duly designated by the Board. The Board and the respond-
ent were represented by counsel and participated in the hearing.
At the opening of the hearing, the attorney for the respondent re-
quested an adjournment, which was granted on August 2 before the
taking of any testimony. Pursuant to the order of adjournment,
the hearing was continued on August 8, 9, and 10, 1938, at Providence,
Rhode Island, before James C. Paradise, the Trial Examiner duly
3It appeared at the hearing that the respondent 's Pawtucket plant was closed on
November 16, 1937 , and that its machinery and equipment were moved to Fall River on
November 26, 1937
+ Laurier Heroux , Joseph Heroux , Gerard Heroux (also sometimes referred to as Girard
Heroux ), Emilienne Heroux , Donat Vincent , Amedee Gaboriault ( also sometimes referred
to as Amedee Gabriault and as Anedee Gaborlault ), Maurice Gaudreau , Alfred Plouffe, Emil
Lemay , Leon Therrien, Ephren Hanley ( also sometimes referred to as Ephraim Hanley),
Jeannette Stebbins , and Fred Odell
804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
designated by the Board in place and stead of Peter F. Ward. The
Board and the respondent were again represented by counsel and
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties.
On November 2, 1938, the Trial Examiner issued his Intermediate
Report, which was thereafter filed with the Board, and copies of which
were duly served upon the respondent and the Union. In his Inter-
mediate Report the Trial Examiner found that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1), (3), and (5) and Section
2 (6) and (7) of the Act and recommended that the respondent cease
and desist from the unfair labor practices; reinstate with back pay
certain named employees found by him to have been discriminatorily
discharged ; 5 upon request, bargain collectively with the Union ; and
take certain other specified affirinative action to effectuate the policies
of the Act. On November 16, 1938, the respondent filed exceptions
to the Intermediate Report and requested oral argument before the
Board, and thereafter filed a brief in support of its exceptions. Pur-
suant to notice served upon the respondent and the Union, a hearing
for the purpose of oral argument was had before the Board on August
31, 1939. The respondent did not appear at the hearing, and the
Union, which appeared by counsel, waived oral argument.
On March 18, 1940, the respondent and counsel for the Board entered
into a stipulation in settlement of the case subject to the approval of
the Board. The stipulation provides as follows :
A Trial Examiner of the National Labor Relations Board
(hereinafter called the "Board") on November 2, 1938, having
duly issued his Intermediate Report in the above-entitled matter,
and it being the desire of the parties hereto to dispose of the
matters involved by mutual agreement, and the parties hereto
having this day entered into a consent decree disposing of the
matters arising under the Intermediate Report of said Trial
Examiner,
It is hereby stipulated and agreed by and between the parties
hereto as follows :
1. The Narragansett Plush Company, Inc., hereinafter called
the respondent, is a Rhode Island corporation, licensed to do busi-
G I. e , all of the employees named in footnote 4, supra, with the exception of Jeannette
Stebbins and Fred Odell . The Trial Examiner found that Stebbins had also been dis-
crinunatorily discharged ; however, since he also found that work such as was formerly
done by her had not been available since the date of her discharge , he recommended that
she be offered reinstatement to her position as soon as such work became available, but
with no provision for back pay He made no finding or recommendation as to Odell, who
did not testify at the hearing
NARRAGANSETT PLUSH CO., INC. 805
ness in the Commonwealth of Massachusetts. Until November 15,
1937, its principal place of business was at Pawtucket, Rhode
Island. Thereafter it removed its operations to Fall River, Mas-
sachusetts, where it is still located. Respondent is engaged in the
manufacture and sale of upholstery fabrics. The principal raw
materials used are cotton, rayon, and mohair. Over 75 per cent
of these are transported to respondent's plant at Fall River from
states other than Massachusetts. When respondent's plant was at
Pawtucket, all of the raw materials were shipped from states
other than Rhode Island. Purchases of yarns by respondent in
the year ending in April 1938 totalled about 90,000 pounds. Its
sales during the same period totalled about $127,000. The greater
part of said sales was delivered to points outside the State of
manufacture, whether Rhode Island or Massachusetts.
2. Textile Workers' Union of America, formerly the Textile
Workers Organizing Committee, is a labor organization affiliated
with the Congress of Industrial Organizations, formerly the Com-
mittee for Industrial Organization. It admits to membership all
production and maintenance workers in the employ of respondent,
but excludes supervisory and clerical employees. Local 28 is a
plush workers' local which admits to membership the employees
of respondent and of one other company.
3. The parties hereto waive all further hearings, procedure
and rights to which they may be entitled under the Act or Rules
and Regulations of the Board, including the making of findings
of fact and conclusions of law by the Board.
4. Upon the record in the above-entitled matter, including
the pleadings, formal papers, transcript of testimony, exhibits,
Intermediate Report of the Trial Examiner, and upon this
stipulation, the Board may, without further notice to the re-
spondent and with its consent, which is hereby expressly
granted, enter its Order in the following form :
ORDER
Upon the basis of the foregoing findings of fact and con-
clusions of law, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board here-
by orders that the respondent, Narragansett Plush Company,
Inc., and its officers, agents, successors, and assigns shall:
1. Cease and desist from' interfering with, restraining, or
coercing its employees in the exercise of their right to self-or-
ganization, to form, join, or assist the Textile Workers' Union
of America, formerly the Textile Workers Organizing Commit-
tee, Local 28, of the C. I. 0., or any other labor organization,
283033-41-v of 22--5 2
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
2. Cease and desist from :
(a) Discouraging membership in the Textile Workers' Union
of America, formerly the Textile Workers Organizing Com-
mittee, Local 28, of the C. I. 0., or any other labor organization,
by discrimination in regard to hire or tenure of employment
or condition of employment;
(b) Refusing to bargain collectively with the Textile Work-
ers' Union of America, formerly Textile Workers Organizing
Committee, Local 28, of the C. I. 0., as the representative of
respondent's production and maintenance employees, excluding
executives of respondent, supervisory and clerical employees.
3. In order to effectuate the policies of the Act, take the follow-
ing affirmative action :
(a) Offer to Laurier Heroux, Joseph Heroux, Gerard Heroux
Emilienne Heroux, Donat Vincent, Amedee Gaboriault, Maurice
Gaudreau, Alfred Plouffe, Emil Lemay, Leon Therrien, and
Ephren Hanley immediate and full reinstatement to their former
positions without prejudice to their seniority and other rights
and privileges, in so far as work is now available for each of
them; and if no work is now available for some of said em-
ployees, they shall be given preference in hiring when work
becomes available for them and shall be offered employment
before other persons;
(b) Offer to Jeannette Stebbins full reinstatement to her
former position, without prejudice to her seniority and other
rights and privileges, as soon as work such as was formerly
done by said Jeannette Stebbins is available in the Fall River
plant;
(c) Upon request, bargain collectively with the Textile Work-
ers' Union of America, formerly the Textile Workers Organiz-
ing Committee, Local 28, of the C. I. 0., as the exclusive
representative of respondent's production and maintenance em-
ployees, excluding executives, and supervisory and clerical em-
ployees, in respect to rates of pay, wages, hours of employment,
and other conditions of employment;
(d) Dismiss all persons, except stockholders, of respondent,
hired since November 16, 1937, to perform the work formerly
done by the employees listed in paragraph 3 (a) above, if neces-
sary to effectuate this Order;
(e) Post immediately in conspicuous places in its plant at
Fall River, Massachusetts, and maintain for a period of at least
sixty (60) consecutive days, notices to its employees, stating (1)
NARRAGANSETT PLUSH CO., INC. 807
that respondent will cease and desist in the manner aforesaid
and (2) that respondent will, upon request, bargain with the
Textile Workers' Union of America, formerly the Textile Work-
ers Organizing Committee, Local 28, of the C. I. 0., as the
exclusive representative of respondent's production and mainte-
nance employees, excluding executives, and supervisory and
clerical employees, with respect to rates of pay, wages, hours of
employment, and other conditions of employment;
(f) Notify the Regional Director for the First Region on or
before ten (10) days from the date of this Order, in writing
setting forth in detail the manner and form in which it has
complied with the foregoing requirements.
5. The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit,
upon application by the Board, of a consent decree, copy of
which is annexed hereto,6 enforcing the order of the Board in the
form hereinabove set forth and hereby waives further notice
of the application for such decree.
6. This Stipulation and Decree are made subject to the
approval of the Board and shall become effective immediately
upon said approval. If the Board does not approve this Stipu-
lation and Decree, they shall be deemed void and be without prej -
udice to the rights of the parties hereto, and shall not be used
as evidence in this or any other case.
7. This Stipulation and Decree embody the entire agreement
between the parties hereto, and there is no verbal or other agree-
ment of any kind which varies, alters or adds to this Stipulation
and Decree.
On March 22, 1940, the Union notified the Board that it did not
agree to the proposed settlement since the persons alleged in the
complaint to have been discriminatorily discharged "did not sign
back pay releases." On March 23, 1940, the Board, having duly
considered the matter, issued its order approving the above stipula-
tion and consent decree and making them part of the record.
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, a Rhode Island corporation, is engaged in the
manufacture and sale of upholstery fabrics. Its plant and principal
0 A draft form of the consent decree to be entered appears in the record annexed to said
stipulation.
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office are located in Fall River, Massachusetts, to which it moved its
operations from Pawtucket, Rhode Island, after November 15, 1937.7
The principal raw materials used in its business are cotton, mohair,
and rayon, of which it purchased approximately 90,000 pounds during
the fiscal year from May 1, 1937, to April 30, 1938. During that
year all of the raw materials used at the Pawtucket plant, and in
excess of 75 per cent of the raw materials used at the Fall River
plant, were shipped to those plants from points outside the States
of Rhode Island and Massachusetts, respectively. During the same
period the respondent's sales aggregated approximately $127,000 and
the greater part of its finished products was delivered to points out-
side the State of manufacture, whether Rhode Island or Massa-
chusetts.'
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
II. THE ORGANIZATION INVOLVED
Local No. 28, Textile Workers Union of America, formerly Textile
Workers Organizing Committee, is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to mem-
bership production and maintenance employees of the respondent.
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
National ,Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Narragansett Plush Company,
Inc., and its officers, agents, successors, and assigns shall:
1. Cease and desist from interfering with, restraining, or coercing
its employees in the exercise of their right to self-organization, to
form, join, or assist the Textile Workers' Union of America,
formerly the Textile Workers Organizing Committee, Local 28, of
the C. I. 0., or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in con-
See footnote 3, supra.
As appear s from the testimony of the respondent ' s accountant at the hearing, finished
products valued at $86,000 were sold while the plant was in Pawtucket and finished
rroducts valued at $41,000 were sold after the plant moved to Fall River; 05 per cent in
value of the finished products sold while the plant was located in Pawtucket , and 50 pei cent
in value of the finished products sold after the plant was moved to Fall River were shipped
to points outside the States of Rhode Island and Massachusetts , respectively.
NARRAGANSETT PLUSH CO.,INC. 809
certed activities, for the purpose of collective bargaining or other
mutual aid or protection.
2. Cease and desist from :
(a) Discouraging membership in the Textile Workers' Union of
America, formerly the Textile Workers Organizing Committee,
Local 28, of the C. I: 0., or any other labor organization, by dis-
crimination in regard to hire or tenure of employment or condition
of employment;
(b) Refusing to bargain collectively with the Textile Workers'
Union of America, formerly Textile Workers Organizing Committee,
Local 28, of the C. I. 0., as the representative of respondent's produc-
tion and maintenance employees, excluding executives of respondent,
supervisory and clerical employees.
3. In order to effectuate the policies of the Act, take the follow-
ing affirmative action :
(a) Offer to Laurier Heroux, Joseph Heroux, Gerard Heroux,
Emilienne Heroux, Donat Vincent, Amedee Gaboriault, Maurice
Gaudreau, Alfred Plouffe, Emil Lemay, Leon Therrien, and Ephren
Hanley immediate and full reinstatement to their former positions
without prejudice to their seniority and other rights and privileges,
in so far as work is now available for each of them; and if no work
is now available for some of said employees, they shall be given
preference in hiring when work becomes available for them and shall
be offered employment before other persons;
(b) Offer to Jeannette Stebbins full reinstatement to her former
position, without prejudice to her seniority and other rights and
privileges, as soon as work such as was formerly done by said Jean-
nette Stebbins is available in the Fall River plant;
(c) Upon request, bargain collectively with the Textile Work-
ers' Union of America, formerly the Textile Workers Organizing
Committee, Local 28, of the C. I. 0., as the exclusive representative
of respondent's production and maintenance employees, excluding
executives, and supervisory and clerical employees, in respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment;
(d) Dismiss all persons, except stockholders, of respondent, hired
since November 16, 1937, to perform the work formerly done by
the employees listed in paragraph 3 (a) above, if necessary to
effectuate this Order;
(e) Post immediately in conspicuous places in its plant at Fall
River, Massachusetts, and maintain for a period of at least sixty
(60) consecutive days, notices to its employees, stating (1) that
respondent will cease and desist in the manner aforesaid and (2)
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that respondent will, upon request, bargain with the Textile Work-
ers' Union of America, formerly the Textile Workers Organizing
Committee, Local 28, of the C. I. 0., as the exclusive representative
of respondent's production and maintenance employees, excluding
executives, and supervisory and clerical employees, with respect to
rates of pay, wages, hours of employment, and other conditions of
employment ;
(f) Notify the Regional Director for the First Region on or be-
fore ten (10) days from the date of this Order, in writing setting
forth in detail the manner and form in which it has complied with
the foregoing requirements.