Robert Scholze Tannfry

National Labor Relations Board - Board Decisions

Jul 22, 1942

42 N.L.R.B. 692 (N.L.R.B. 1942)

In the Matter of ROBERT SCHOLZE TANNFRY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No C-2253 -Decided July 22,194.1
Jurisdiction . hainess manufacturing industry
Settlement . stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation
Mr Dan M Byrd, Jr, and Mr Alexander E Wilson, Jr , for the
Board L
Mr Charles A Noone,- of Chattanooga, Tenn , for the i espondent
Mr B T. Judd, of Chattanooga, Tenn, for the Union.
Mr Bertram Diamond, of counsel-to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended chaiges duly filed by District 50, United
Mine Workeis of Ameiuca, herein called the Union, the National Labor
Relations Boaid, herein called the-Board, by the Regional Director for
the Tenth Region (Atlanta, Geoigia), issued its complaint on April
29, 1942, against Robeit Scholze Tanneiy, Chattanooga, Tennessee,
heiein called the respondent, alleging that the respondent had engaged
in and was engaging in unfair labor practices affecting commeice,
within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat 449, heiein called the
Act Copies of the complaint and notices-of heat itg were duly served
on the respondent and the Union
Concerning the unfair labor piactices, the complaint alleged in sub-
stance that- (1) respondent inteifeied with the iights guaranteed in
Section 7 of the Act by (a) urging its employees to withdiaw from
the Union, (b) warning its employees that the plant would be closed
down if the employees joined the Union, or engaged in concerted activi-
ties with other employees, (c) threatening its employees with discharge
or other disciimitation if they joined or remained members of the
Union, or if the employees engaged in concerted activities for mutual
aid and protection, (d) inteirogatmg its employees concerning their
union membership; (e) dealing directly with its employees rather than
42NLRB,No139
\692
J
ROBERT SCHOLZEi TA\NERY 693
with the employees' agent, (f) urging its employees to abandon the
Union and to baigain individually with the respondent, (g) making
statements to employees which were deiogatoiy to the Union, (h)
threatening employees with eviction from company-owned-houses be-
cause of their union, activity, and (i) urging its-employees to vote
against the Union in an election conducted under the auspices of the
National Laboi Relations Board on Febiuaiy 12, 1942, (2) on of about
January 19, 1942, respondent diSchaiged, and until about Januaiy 21,
1942, iefused to iemstate, the following employees Clarence Parks,
'd Manley, Geoige Amey, Fiank Thomas, Will Dean, James Hill, and
William Williams, for the i eason that they engaged in concerted activi-
ties with other employees for purposes of collective bargaining and
other mutual aid and protection, (3) beginning on of about January 16,
1942, respondent dischaiged and locked out all of the employees on its
pay roll and did refuse to ieinstate the said employees for a consid-
erable period of time foi the reason that they engaged in concerted
activities with othei employees for, the purpose of collective ' bargaining
and other mutual aid and protection, and for the season that on or
about January 18, 1942, or thereafter, a large number of employees
became affiliated with and engaged in activities on behalf of the Union;
and (4) respondent did disehaige, of lay off, and thereafter did refuse
to i eiestate the following named employees on of about the date which
appeals after the name of each Mary Lee Owens, Febiuaiy 3, 1942,
Lillian Owens, Febiuaiy 4', 1942, Elizabeth Covington, February 4,
1942; Jessie Mae Hudgins, February 4, 1942, Ruby Cooper, February
4, 1942
On January 24 and! 25, 1942, th6 iespondent, the Union, and counsel
for the Board entered into a stipulation in settlement of the case This
stipulation provides as follows
STIPULATION
Amended charges having been filed by District 50, United Mine
Workei s of America, herein called the Union, with the Acting
Regional Director of the National Labor Relations Board, herein
called the Board, for the Tenth Region, Atlanta, Geoigia, alleg-
ing that Robert Scholze Tannery, herein called the Respondent,
has engaged in unfair labor practices within the meaning of Sec-
tion 8, subsections (1) and, (3) of the National L"abor Relations
Act, herein called the Act, the Board, through its Acting Re-
gional Director, having issued and served a Complaint stating the
charge, service of which is hereby acknowledged by the parties,
the Respondent having filed an Answer, service of which is hereby
694 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
acknowledged by-the parties; and it being the desire of the parties
to conclude all proceedings before the Board in this case -
IT IS HEREBY STIPULATED AND AGREED by and between Robert
Scholze Tannery, District 50, United Mine Workers of America
and Dan M Byrd, Jr., and Alexander E. Wilson, Jr, Attorneys,
National Labor Relations Board, Tenth Region, as follows
1
Respondent is a corporation existing under and by virtue of
the laws of the State of Tennessee with its office and plant at Chat-
tanooga, Tennessee It is engaged in the business of tanning
hides and the manufacture and sale of harness, strap and spe-
cialty leathers" During the calendar year 1941, the Respondent
purchased raw materials consisting of hides, tan bark and tanning
extracts Ninety-five per cent of the approximately 200,000 hides
processed by Respondent during the calendar year 1941 were re-
ceived by it at its Chattanooga, Tennessee, plant from points out-
side the State of Tennessee During the same period, Respondent
imported to its Chattanooga, Tennessee, plant tanning extracts
from South America valued in excess of $20,000 Finished prod-
ucts of the Respondent during the same period amounted to ap-
proximately $1,000,000, 65% of which by value were sold and
shipped to points outside the State of Tennessee.
2
Respondent agrees for the purpose of this proceeding *only,
that it is ' engaged in 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
3
District 50, United Mine Workers of America, is a labor organ-
ization within the meaning- of Section 2 (5) of the Act. -
4
The parties hereto waive their rights to any further pleadings,
to a hearing, to the making of findings of fact and conclusions
of law by the Board and to any other and further procedure
before the Board
5
The Amended Charge, Complaint, Notice of Hearing, Answer
of Respondent, Amended Notice of Hearing and Order Post-
ROBERT SCHOLZE TANNERY 695
poning Hearing and this Stipulation shall constitute the entire
record in this case This record shall be filed with the Board
by transmitting the same to the Chief Trial Examiner of the
Board at Washington, D C.
6
The pasties heieby agree to the issuance by the Board, with-
out further notice or proceedings, of an order substantially in
the following form, which order shall have the same force and
effect as if made after full hearing, presentation of evidence and
the making of findings of fact and conclusions of law
ORDER
Upon the basis of this Stipulation, and the record in this case,
and puisuant to Section 10 (c) of the Act, the Board hereby
orders that the Respondent, Robert Scholze Tannery, Z its officers,
agents, successors and assigns shall •
1 Cease and desist from
(a) Discouraging membership in District 50, United Mine
Workers of America, or any other labor organization of its
employees , by laying-off, discharging , locking-out , refusing to
reinstate , or in any other manner discriminating against its
employees in regard to their hire and tenure of employment or
any term or condition of employment because of their member-
ship in or activity on behalf of District 50, United Mine Work-
ers of America, or any other labor organization;
(b) In any other manner interfering with, restraining or
coercing its employees in the exercise of the right to self -organ-
ization 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 and protection , as guaranteed
in Section ' 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the poli-
cies of the Act
(a) Make whole those persons named in Appendix "A" 1 hereof
for any and all losses of pay they have suffered by reason of their
lock-out from employment during any time following January
16, 1942, to the date of the offer of reinstatement of each of them,
by payment to each of them the sum of money set forth opposite
'the name of each in Appendix "A";
(b) Offer to Mary Lee Owens and, Lillian Owens immediate
and full reinstatement to their former or substantially equivalent
The Appendix is set forth as Appendix A to this Decision and Order.
696 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD
positions without prejudice to their seniority and other rights
and 'privileges
(c) Place Elizabeth Covington upon a preferential hiring list
to be offered reinstatement to her former or substantially equiva-
lent position without prejudice to her seniority and other rights
and privileges, said employment to be offered prior to the em-
ployment of any new woman for said work and prior to offering
said work to any other old employee with less seniority, following
a system of seniority to such extent as is applied by the respondent
in the conduct of its business
(d) Make whole the,following persons for any'and all losses
of pay they have suffeied,by reason of the respondent's disciiim-
nation in regard to their hire and tenure of employment, by pay-
ment to each of them the sum of money set forth opposite the
name of each of them
Mary Lee Owens------------------------------------------------- $8000
Lillian Owens------------- -------------------------------------- 80 00,
Ruby Cooper ---------------------------------------------------- 55 00
Elizabeth Covington--------------------------------------------- 85 00
Jessie Mae Hudgins---------------------------------------------- 100 00
(e) Immediately post in conspicuous places throughout its
plant, and maintain for a period of at least sixty (60) consecutive
days from the date of posting, notices to its employees stating.
(1) that the Respondent will not engage in the conduct from which
it is ordered to cease and desist in paragraphs 1 (a) and (b)
above; (2) that the Respondent will take the affirmative action
set forth in paragraphs (2) (a), (b), (c) and (d) above; and
(3) that the Respondent's' employees are free to become or remain
members of District 50, United Mine Workers of America, and
that the Respondent will not discharge, lay-off, lock-out, or in
any other manner discriminate against any employee because of
his membership in or activity in behalf of said organization ;
(f) Notify the Regional Director for the Tenth Region in writ-
ing within ten (10) days from the date of this order what steps
the Respondent has taken to comply herewith
7
Upon application by the Board, the United States Circuit
Court of Appeals for the Sixth Circuit, or any other appropriate
Court, may enter its Decree enforcing the Order of the Board as
set forth above, and all parties hereto expressly waive all rights
and privileges to receive further notice of filing of application
for the entry of such Decree, or to contest the entry of 'such decree.
i,:' +ROBERT SCHOLZE TANNERY 697
8
The entire agreement between the patties is contained within the
terms of this instntiment,and there is no verbal agreement of airy
kind which varies, alters of adds to this stipulation
9
This stipulation is subject to the approval of the Board and
shall become effective immediately upon the gianting of such
approval
10
Nothing heiem contained shall be conttiued of taken as an
admission by the Respondent of any violations of the Act alleged
in the aforesaid Complaint
On July 8, 1942, the Boaid issued its order appi oving the above
stipulation, making it pait of the record in the case, and transferring
the proceedings to the Board for the purpose of entry of a decision by
the Board pursuant to the provisions of the stipulation
Upon the above stipulation. and the entue record in the case, the
Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
Robert Scholze Tannery is a corporation existing under and by
virtue of the laws of the State of Tennessee, with its office and plant
at Chattanooga, Tennessee It is engaged in the business of tanning
hides and the manufacture and sale of harness, strap and specialty
leathers During, the calendar year 1941, the respondent purchased
raw materials consisting of hides, tan bark, and tanning extracts
Ninety-five percent of the approximately 200,000 hides processed by
respondent during the calendar year 1941 were received by it at its
Chattanooga, Tennessee, plant from points outside the State of Ten-
nessee During the same pen rod, respondent imported to its Chatta-
nooga, Tennessee, plant tanning extracts from South America valued
in excess of $20,000 Finishecl_ pi oclucts of the respondent clan ing the
same per rod amounted to appi oxiniately $1,000,000, 65 per cent of which
by value wete sold and shipped to points outside the State of Tennessee
The respondent admits, for the put pose of this pioceeding, that it is
engaged 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 _
698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board hereby
orders that Robert Scholze Tannery, Chattanooga, Tennessee, its
officers, agents, successors, and assigns, shall:
1. Cease Sand desist from :
(a) Discouraging membership in District 50, United Mine Workers
of America, or any other labor organization of its employees, by
laying-off, discharging, locking-out, refusing to reinstate, or in any
other manner discriminating against its employees in regard to their
hire and tenure of employment or any term or condition of employ-
ment because of their membership in or activity on behalf of District
50, United Mine Workers of America, or any other labor organiza-
tion ;
(b) In any other manner interfering with, restraining or coercing
its employees in the exercise of the 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
and protection, as guaranteed in Section 7 of the National Labor
Relations Act
2. Take the following affirmative action to effectuate the policies of
the Act.
(a) Make whole those persons named in Appendix A hereof for
any and all losses of pay they have suffered by reason of their lock-
out from employment, during any time following January 16, 1942,
to the date of the offer of reinstatement of each of them, by payment
to each of them the sum of money set forth opposite the name of each
in Appendix A;
(b) Offer to Mary Lee Owens and Lillian Owens immediate and
full reinstatement to their former or substantially equivalent posi-
tions without prejudice to their seniority and other rights and privi-
leges
(c) Place Elizabeth Covington upon a preferential hiring list to
be ' offered reinstatement to her former or substantially equivalent
position without prejudice to her seniority and other rights and priv-
ileges, said employment to be offered prior- to the employment of any
new woman for said work and prior to offering said work to any
other old employee with less seniority, following a system of seniority
to such extent as is applied by the respondent in the conduct of its
business
(d) Make whole the following persons for any and all losses of
pay they have suffered by reason of the respondent's discrimination
ROBERT SCFIOLZE TANNERY 699
in regard to their hire and tenure of employment, by payment to
each of them the sum of money set forth opposite the name of each
of them :
Mary Lee Owens---------------------------------------- $80 00
Lillian Owens-------------------------------------------- 80 00
Ruby Cooper-------------------------------------------- 55 00
Elizabeth Conngton------ ------- '------------------- ------ 85 00
Jessie Mae Hudgins-------------------------------------- 100 00
(e) Immediately post in conspicuous places throughout its plant,
and maintain for a period of at least sixty (60)% consecutive days from
the date of posting, notices to-its employees stating: (1) that the
Respondent will not engage in the conduct from which it is ordered to
cease and desist in paragraphs 1 (a),and (b) above; (2) that the
Respondent will take the affirmative action set forth in paragraphs
2 (a), (b), (c) and (d) above; and (3) that the Respondent's em-
ployees are free to, become or remain members of District 50, United
Mine Workers of America, and that the Respondent will not dis-
charge, lay-off, lock-out, or in any other manner discriminate against
any employee because of his membership in or activity in behalf of said
organization,
(f) Notify the Regional Director for the Tenth Region in writing
within ten (10) days from the date of this order what steps the
Respondent has taken to comply herewith
APPENDIX A
Nolan Graves------------------ $7 201 John Lemon ------------------ $10 80
C M Worthen---------------- 25 20
George Elrod------------------ 10 80
James Lewis------------------- 21 60
L Ballard--------------------- 36 00
O Graves---------------------- 36 00
M Martin-------------------_-- 36 00
George Amey------------------ 36 00
Ink Thomas------------------- 18 00
Cliff Manley------------------- 36 00
Clarence Parks----------------- 36 00
A Gilbert---------------------- 18 00
Frank Thomas----------------- 36 00
Fred Johnson------------------ 36 00
Jake Terrell------------------- 14 40
John Foster------------------- 36 00
Amos Scuddy------------------- 18 00
Charlie Martin----------------- 32 40
John Mack--------------------- 7-23
0 Halhs- --------------------- 14 40
R Harrison-------------------- 36 60
Will Dean--------------------- 36 00
James Hill----- ---------------- 36 00
R Gilliard--------------------- 36 00
Ben Jenkins------------------- 28 r^0
B Petty----------------------- 7 20
Henry Weaver------------------ 36 00
George Worthen---------------- 36 00
F L Moss--------------------- 36 00
Eb Foy-------------- ---------- 3 60
John McNeese----------------- 3 60
Jesse Dean--------------------- 21 60
Susie Smith-------------------- 25 20
Henry E Thomas-------------- 1S 00
Ralph Cooper------------------ 25 20
Leonard Graves---------------- 18 00
Alex Gibbs--------------------- 14 00
Joseph Adams- --------------- 14 00
Earl Rush--------------------- 18 00
Grady Watley------------------ 18 00
Lillian McNeese---------------- 7 20
Gertrude Langston McNabb ----- 7 20
Otis Jones--------------------- 7 20
Josie Reynolds----------------- 7 20
D Allgood--------------------- 7.20
700 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
M Allgood ------------------- $14 40,
William Bragg_________________ 18 00
H Norman_____________________ 14 41)
S C Trammel_________________ 25 20
Sim Sanders------------------- 25 20
Lovell Reid____________________ 21 60
Joe Johnson___________________ 25 20
John McLendan________________ 25 20
Elbeit Tumlin ------------------ 25 20
William McClendon ------------ 25 20
Susie Chambeis________________ 1S 00
Raleigh Cooper_________________ 1S 00
Luther Tims---- --------------- 3 60
Henry Wilson___________ _ ____ 18 00
Rosa Gonce ------------ ------ 21 60
Lee Womble___________________ 36 00
William Williams--------------- T6 00
Ed Manley-------------- ----- 36 00
Louis Shaipley_________________ 7 20
Glen O'Hara------------------- 14 10
Will Carr______________________ 36 00
Will Whitt------------- ------ 28'S0
W Richardson__________ ----- 2S. SO
James Allen____________________ 21 60
Jessie Lee Graves -------------- 36 00
Denson Williams--------------- 3 60
Tom Williams------------------ 7 20
John W Calhoun_______________ 3 (30
John Reynolds ------------ -___ 3 60
W Wyche---------------- ---- 7 20
H Kmes--------------- ------- 3 60
Will Bailey -------------------- 36 00
C Dozier ---------------------- 3 60
Emery Ware -------- ---- ----- IS 00
C Thoinley____________________ 3 60
Jesse Garr ---- _---------------- 3 60
Jerry Hicks-------------------- 3 60
H Sales----------------------- 3 60
Lem Hicks_____________________ 3 60
F E Batts____________________ 3 60
L Williams-------------------- 3 60
H Hardaway__________________ 10 80
L Gibson---------------------- 10.80-
William McKinney_____________ 3 60-
Ed Thomas-------------------- 3,60
L Greir ----------------------- 18 00
Hattie Mae Cox________________ 18 00
Leroy Powell__________________ 32 40
William Battle-1 ---- ----------- 32 40
I Adams---------------------- $32 40
C Caruthers___________________ 32 40
T Dill------------------------- 32 40
John Hulmg___________________ 32 40
II Taylor______________________ 32 40
II Wise------------------------ 32 40
James Lindsay_________________ 28 80
S Waller______________________ 21.60
Sara Hatcher_________________ 36 00
Cornelia Westfield______________ 10 80
Waltei Hicks__________________ 10 80
Lucile Sorrell__________________ 36 00
Dora Williams----------------- 36 00
Grady Fretwbll---------------- 28 80
S Jackson_____________________ 18 00
Jim Cummings_________________ 21 60
James Moore___________________ 28 80
William Harris_________________ 32 40
Weldon Biookq ----------------- 18 00
S Porter----------------------- 18 00
M Cleveland___________________ 21 60
A Thompson__________________ 21 60
Toni Scott_____________________ 18 00
Mary,E 5Moss ------------------ 18 00
L Mann---------- ------ 18 00
J C Hallis-------------------- 18 00
0 Swanson -------------------- 25 20
Nolabee Allgood________________ 18 00
C W Skillern ------------------ 21 60
Ed Teri ell_____________________ 25 20
Essie Gilbeit ------------------ IS 00
Mary Boyd--------------------- 21 60
H Smith---------------------- 21 60
Annie Tims -------------------- 18 00
Ben Lemon____________________ 14 40
Henry Harris__________________ 10 80
R Mosely---------------------- 25 20
Sam Hogue -___________________ 10 80
L Clifton---------------------- 18 00
M Grogan--------------------- 10 80
R Poke------------------------ 3 60
J C Lewis--------------------- 3 60
C Roschelle3 60
Stoney Mullins_________________ 3 60
William Bioyles________________ 3 60
Dock Biown----- _------------- 3 60
Henry -Martin ------------------ 3'60
John Townsend----------------- 3 60
John Patton ____________________ 3 60