Norwich Knitting Co.

National Labor Relations Board - Board Decisions

Apr 3, 1941

30 N.L.R.B. 914 (N.L.R.B. 1941)

In the Matter of NORWICH KNITTING COMPANY and UNITED 'I'Exi'n
WORKERS OF AMERICA, AFFILIATED WITH THE A. F. OF L.
Case No. C-1834.-Decided April 3, 1941
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on'stipulation.
Mr. Peter J. Crotty, for the Board.
Mr. Hubert L. Brown, of Norwich, N. Y., for the respondent:
Mr.'David F. Lee and Mr. David F. Lee, Jr., of Norwich, N. Y.,
for the Employees' Organization.
Mr. Michael Walsh,, of Utica, N. Y., for the Union.
Miss Charlotte Anichuetz, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Textile
Workers of America,' affiliated with the American Federation. of
Labor, herein called the Union, the National Labor Relations Board,
herein called the Board, by its Regional Director for the Third
Region (Buffalo, New York), issued its complaint dated November
12, 1940, against Norwich Knitting Company, Norwich, New York,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce, within the meaning of Section 8 (1), (2), and (3), and Section
2 (6) and (1) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the complaint and notice of hearing
thereon were duly served upon the respondent, the Union, and Em-
ployees' Organization of the- Norwich Knitting 'Company, herein
called the Employees' Organization, a labor organization alleged in
the complaint to be dominated by the respondent.
With respect to the unfair labor practices, the complaint as
amended during the hearing, alleged in substance (1) that after
about May 1, 1940, the respondent, by threatening to close the plant
1 Local 2575.
30 N. L. R. B., No. 129.
914
NORWICK KNITTING COMPANY 915
if an outside union succeeded in organizing its employees, by threaten-
ing its employees with, discharge and other discriminatory action
if they retained membership in the Union or failed to join the
Employees' Organization, by suggesting to its employees that they
become members of the Employees' Organization, and by other acts
and conduct, interfered with the self-organization of its employees;
'(2) that after about May 1, 1940, the respondent by specified and
of er acts sponsored, aided, and assisted the formation of the Em-
ployees' Organization; (3) that on or about July 23, 1940, the re-
spondent executed an agreement with the Employees' Organization
requiring membership therein as a condition of employment; (4)
that the respondent's aforesaid aid to the Employees' Organization
rendered this agreement illegal; (5) that the respondent discrim-
inated against Myrtle Snover and Pauline Christian on or about
May ' 16, 1940, by giving them less steady and less remunerative work,
and thereafter discharged- them and 13 other named employees 2 at
specified dates and refused them reinstatement because each of them
joined the Union and/or refused to join the, Employees' Organiza-
tion, and engaged in concerted activities for the purposes of mutual
aid and protection; and (6) that the respondent, by the foregoing
acts and by other acts, interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
On December 2, 1940, the respondent filed its answer to the com-
plaint in which it admitted entering into an agreement on or about
July 23, 1940, with, the Employees' Organization, but denied the
allegations of unfair labor practices contained in-the complaint, and
set forth a number of affirmative defenses.
- Pursuant to notice, a hearing was held on February 3, 7, 8, 10, and
11, 1941, at Norwich, New York, before Martin Raphael, the Trial
Examiner duly designated by the Chief Trial Examiner. The re-
spondent, the Board, the Union,, and the Employees' Organization
appeared, were represented by counsel, and participated in the hear-
ing. On February 11, 1941, prior to the completion of the hearing,
the respondent, the Union, the Employees' Organization, and counsel
for the Board entered into a stipulation in settlement of the case,
subject to the approval of the Board. On March 3, 1941, the Board
received an amended stipulation executed by the sqme parties. The
stipulation, as amended, provides as follows:
IT IS HEREBY STIPULATED by and between Norwich Knitting
Company (hereinafter referred to as Respondent), Local 2575
2 Marion Burdick, Robert McNeil, June Ward, Esther Joy, Ceta Gardner , Winfield
Hoffman, Violet Davis, Elma Frasier , Beulah Lillie, Margaret Van Steinburg , Dora Hunter,
Linnie Pollock , and Josephine Loftus. Q
440135-42-Vol. 30-59 /
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the United Textile Workers of America, affiliated with the
A. F.- of L. (hereinafter called the Union), the Employees'
Organization of the Norwich Knitting Company (hereinafter
called the Organization) and Peter J. Crotty, attorney for' .the
National Labor Relations Board, that :
I. Upon a Third Amended Charge duly. filed by the Union,
the National Labor Relations Board (hereinafter called the,
-Board), by Henry J. Winters, Regional Director for the Third
Region, acting pursuant to authority granted in Section 10 (b)
of the National Labor Relations Act, 49 Stat. 449 (hereinafter
referred to as the Act), and acting pursuant to its Rules and
Regulations, Series 2 as amended, Article IV, Section 1, issued
its complaint and notice of hearing on November 12, 1940 against
Respondent herein.
II. Copies of complaint and notice of hearing thereon, Third
Amended Charge and National Labor Relations Board Rules and
,Regulations, Series 2 as amended, were duly served upon the
Respondent, the Union, and the Organization on November 12,
1940, said hearing being "scheduled for December 2, 1940 at
10'A.-M. (E. S. T.) in the Court Room, County Court House,
Norwich,- N. Y. • Thereafter pursuant to notice served on the
Respondent, the Union, and, the Organization, the hearing was
further postponed from time to time, until February 3, 1941.-
111. Respondent's answer to the complaint was filed December
2, 1940.
IV. The hearing was in session on February 3, 7, 8 and 10,
1941. i
V. During the hearing on a Fourth Amended Charge filed
by the Union January 31, 1941, an amendment to the complaint
was issued and served on all the parties herein.
VI. Respondent is and has been since the 11th day of July,
1907, a corporation organized,under and existing by virtue of
the laws of the State of New York, and operates a plant in the
• City of Norwich, Chenango County, New York, where it is en-
gaged in the manufacture, sale and distribution of cotton under-
wear, ' silk and wool underwear, rayon underwear, wool under-
wear, cotton sweat shirts and knit polo shirts. From October
•1, 1939 to September 30, 1940, the Respondent used in manufac-
ture of said products raw materials consisting principally of
cotton yarn, silk and wool yarn, rayon yarn, wool yarn, threads,
cambrics, sateens, buttons, colors and chemicals, valued at ap-
proximately $681,244.46, of which 74% was delivered to Re-
spondent's Norwich, New York plant from points outside the
State of New York. From- October 1, 1939 to September 30,
1940 the Respondent manufactured at 'its Norwich, New York
I
NORWICK KNITTING COMPANY 917
plant the finished products described above, to the approximate
value of $1,327,881.58, of which 82% .was shipped to points out-
side the State of New York-
VII. The Union is a labor organization as defined in Section
2, Subdivision 5 of the Act. I
VIII. Respondent, the Union; and Association waive the right
to any hearing, and the right to the making of Findings of Fact
and Conclusions of Law by the Board.
IX. Upon the basis of this stipulation the National Labor
Relations Board may enter its Order in the following form in the
above entitled case :
(1) Respondent, its officers, agents, successors and assigns
shall cease and desist from :
(a) Dominating or interfering with, the administration of
the Employees' Organization of Norwich Knitting Company,
or dominating or interfering with the formation or adminis-
tration of-any other labor organization of its employees, or
from contributing financial or other support to Employees'
Organization of Norwich Knitting Company or any other
labor organization of its employees;
(b) Recognizing Employees' Organization of Norwich Knit-
ting Company as the representative of any of its employees
for the purpose of dealing with Respondent concerning rates
of pay, wages, hours of employment and other conditions of
employment; -
(c) Recognizing or giving any effect to any and all con-
tracts entered into by the Respondent and the Employees' Or-
gaiiization of Norwich Knitting Company;'
(d) Discouraging membership in Local 2575, United Tex-
tile Workers of America, affiliated with the A. F.' of L., or
any other labor organization of, its employees, by discharging
or refusing to reinstate its employees, or in any manner dis-
criminating in regard to their-hire and tenure -of employment
or any term-.or condition of employment because of their mem-
bership in or activity in, connection with"any such labor
organization;
(e) In any other manner interfering with, restraining or
coercing its 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 purpose
of collective bargaining and other mutual aid or protection,
as guaranteed in Section 7 of the National Labor Relations.
Act. -
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) Respondent, its officers, agents, successors and assigns shall
take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Withdraw all recognition from Employees' Organiza-
tion of Norwich Knitting Company as a representative of any
of its employees for the purpose of dealing with'the Respond-
ent concerning rates of pay, wages, hours of employment, and
other conditions of employment;
(b) Abrogate and make null and void any and all contracts
entered into by and between the Respondent and the Em-
ployees' Organization of Norwich Knitting Company;
(c) Offer to each of the employees named in Appendix A
attached hereto and made a part hereof 'full reinstatement to
their former positions as of the respective dates of their dis-
charges, without prejudice to their seniority or other',rights
and privileges;
(d) Make whole the employees named ill, Appendix A, at-
tached hereto and made a,part hereof, and each, of them, for
any loss of pay they may have suffered by reason of their dis-
charges, by payment to each of said employees of the amount
of money set forth opposite the name of each on said
Appendix A ;
(e) Post and keep visible- in conspicuous places through-
out the plant for a period of sixty (60) days after receipt,
copies of the National Labor Relations Board Order entered
herein. ,
(f) Notify the Regional Director for the Third Region in
writing within ten (10) days from the date of this Order
of the steps Respondent has taken to comply herewith.
X. The Respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the Second Circuit upon
application by the Board of a decree enforcing an Order of
the Board in the form hereinabove set forth and hereby waives
further notice of the application for such decree.
XI. The Respondent, further agrees to offer to Joseph Los-
cavio full reinstatement to the position he had in the Respond-
ent's employ as of May 17, 1940, without prejudice to his seniority
or other rights and privileges.
XII. It is understood and agreed that the offers of reinstate-
ment to be made to each of the employees named in Appendix A
and to Joseph Loscavio will be made within fourteen (14) days
Appendix A Is identical with Appendix A below annexed to and made a part of this
Decision and Order. I
NORWICK KNITTING COMPANY 919
from the date of the notice of approval by the Board of this
Stipulation.
XIII. This Stipulation shall be subject in all respects to the
approval of the Board and shall become effective immediately
upon approval by the Board.
XIV. The entire agreement between all parties hereto is con-
tained within the terms of this stipulation and there is no verbal
agreement of any kind which varies, alters, or adds to said
stipulation in any respect.
On March 7, 1941, the Board issued its order approving the stipu-
lation, as amended, making it a part of the record in the case, and
pursuant to Article II, Section 36, of National Labor Relations Board
Rules' and Regulations-Series 2, as amended, transferring the pro-
ceeding 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 said stipulation, as amended.
Upon the basis of the above-amended stipulation and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Norwich Knitting Company, a New York corporation with a plant
at Norwich, New York, is engaged in the manufacture, sale, and
distribution of cotton, wool, rayon, and silk and wool underwear,
cotton sweat shirts, and knit polo shirts. For the year ending Sep-
tember 30, 1940, the respondent used raw materials, consisting prin-
cipally of cotton, silk and wool, rayon, and wool yarn; threads, cam
brics, sateens, buttons, colors, and chemicals, valued at approximately
$681,244.46. Of these raw materials, 74 percent were delivered to,
the plant from points outside New York State. During the same
period, the respondent's finished products were valued at $1,327,881.58,
and 82 percent thereof were shipped to points outside New York
State.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
' ORDER
Upon the basis of the above findings of fact, amended 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 :
r
920 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
1. • Respondent , Norwich Knitting Company, Norwich, New York,
its officers , agents, successors and assigns , shall cease and desist from :
(a) Dominating .. or interfering with ' the administration, of the
-Employees ' Organization of Norwich Knitting Company, or dominat-
ing or interfering with the formation or administration of any other
labor ' organization of its employees, or from contributing financial
or' other support to Employees' Organization of Norwich Knitting
Company or any other labor organization of its employees;
' (b) Recognizing Employees' Organization of Norwich Knitting
Company as the representative of any of its employees for the purpose
of dealing with Respondent concerning rates of pay, wages, hours
of employment and other conditions of employment;
(c) Recognizing or giving any effect to any and, all contracts en-
Aered into by the Respondent and the Employees' Organization of
Norwich Knitting Company; ,
(d) Discouraging membership in Local 2575,, United Textile
Workers of America, affiliated with the A. F. of L., or any other
labor organization- of its employees, by discharging or refusing to
reinstate its employees, 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 activity in connection
with any such labor organization ;
(e) In any manner interfering with, restraining or coercing its
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 purpose of collective bargaining and other mutual aid
or protection, as guaranteed in Section 7 of the National Labor Rela-
tions Act.
2. Respondent, its officers, agents, successors and assigns shall take
the following affirmative action to effectuate the policies of the
National Labor Relations Act :
(a) Withdraw all recognition from Employees' Organization of
Norwich Knitting Company as a representative of any of its em-
ployees for the purpose of dealing with the, Respondent concerning
rates of pay, wages, hours of employment and other conditions of
employment;
(b) Abrogate and make null and void any and all contracts entered
into by and between the Respondent and the Employees' Organiza-
tion of Norwich Knitting Company;
(c) Offer to each of the employees named in Appendix A attached
hereto and made a part hereof full reinstatement to their former
positions as of the respective dates of their discharges, without preju-
dice to their seniority or other rights and privileges ;
NORWICK' KNITTING COMPANY 921
(d) Make whole the employees named in Appendix, A, attached
hereto and made a part hereof, and each of them, for any loss of
pay they may have suffered by reason of their discharges, by pay-
ment to each of said employees of the amount of money set forth
opposite the name of each on said Appendix A; -
(e) Post and keep visible in conspicuous places throughout the
plant for a period of sixty (60) days after receipt, copies of the
National Labor Relations Board Order entered herein;
(f) Notify the Regional Director for the Third Region in writing
within ten (10) days from the date of this Order of the steps Re-
spondent has taken to comply herewith.
APPENDIX A
Burdick, Marion ------------ $328 Hoffman, Winfield----- ----- $111. 70
Ward, June----------------- 320 Davis, Violet--------------- 208
Gardner, Ceta-------------- 328 Frasier, Elma ------------- `-- 208
McNeil, Robert-------------- 187. 86 Lillie, Beulah--------------- 194.26
Joy, Esther----------------- 270.53 Snover, Myrtle-------------- 197.43
VanSteinburg , Marg----- ---- 248 Christian, Pauline ----------- 208
Pollock, Linnie------------ 248 Loftus, Josephine----------- 277.25
Hunter, Dora--------------- 248