Smith Brothers Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 23, 1942

42 N.L.R.B. 803 (N.L.R.B. 1942)

In the Matter of SMITH BROTHERS MANUFACTURING COMPANY and
AMALGAMATED CLOTHING WORKERS OF AMERICA, AFFILIATED WITH WE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No C-2261-Decided July 23, 194d
Jurisdiction clothing manufacturing industry
Settlement • stipulation providing for compliance with the Act
Remedial Orders - entered on stipulation'
Practice and Procedure : pursuant to stipulation , complaint dismissed insofar
as it alleged discrimination against a named employee
Mr Robert S Fousek, for the Board
McReynolds and Flanagan, by Mr John H Flanagan and Mr. George
E Phelps, of Carthage, Mo , for the Company
Mass Melvern R Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated
Clothing Workers of America, affiliated with the Congress of Indus-
trial Organizations, herein called the Union, the National Labor Rela-
tions Boaid, herein called the Boaid, by the Regional Director for the
Seventeenth Region (Kansas City, Missouri), issued its complaint
dated June 23, 1942, against Smith Biothers Manufacturing Company,
Webb City, Missouri, heieiii 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) and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat
449, hei ern called the Act Copies of the complaint, accompanied by
a notice of hearing, were duly served-upon the respondent and the
Union
Concerning the unfair labor pi actices, the complaint alleged, in sub
stance, that the respondent (1) discouraged membership in the Union
by discharging, on or about March 18, 1942, and thereafter refusing to
reinstate, Hubert Surface, Gene Coates, and Robert Nations because
they and each*of them joined and'assisted the Union, (2)'since about
Januaiy 2, 1942, shifted union members skilled in their work to unfa-
miliar jobs, thereby discouraging membership in and activities cn
42NLR 13,No157
803
804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
behalf of the Union; and (3) by the foregoing acts, interfered with,
restrained, and coerced its employees in the exercise of the rights guar-
anteed in Section 7 of the Act I _ _
On July 3, 1942, the respondent filed its answer to the complaint
which denied that the respondent had engaged in the alleged unfair
labor practices and set forth certain affirmative defenses
Pursuant to notice, a hearing was begun on July-6, 1942, at Joplin,
Missouri, before A Bruce Hunt, the Trial Examiner duly designated
by the Chief Trial Examiner During the hearing, on July 7,' 1942,
the respondent and counsel for the Board entered into a stipulation is
settlement of the case, subject to the approval of the Board This
stipulation provides as follows •
IT IS HEREBY STIPULATED by and between Smith- Brothers Manu-
facturing Company, hereinafter called the Respondent, by Mc-
Reynolds and Flanigan, by John H Flanigan and George ^E.
Phelps, its attorneys, and Robert S Fousek, attorney for the
National Labor Relations Board, that
I
The Respondent is a corporation duly organized under and
existing by virtue of the laws of the State of Missouri, with its
principal office in the City of Carthage, Missouri, and with plant's
in the Cities of Carthage, Webb City, St Joseph and Neosho, Mis-
souri The Respondent, at its Webb City, Missouri plant, is en-
gaged in the manufactuie, sale and disti ibution of men's work
clothes and children's play suits In the course and conduct of its
business at said Webb City, Missouri plant the Respondent uses
various raw materials, piincipally cotton chambray, cotton deans
and cotton twills During the year 1941'the materials used by the
Respondent at said Webb City, Missouri plant exceeded in value
the sum of $180,000. of which approximately 80 percent were pur-
chased by the Respondent and shipped to said Webb City, Mis-
souri plant from points outside the State of Missouri During
the year 1941 the Respondent made sales of its finished products'
from said Webb City, Missouri plant exceeding $300,000 in value,
approximately 80 percent of which finished products were
shipped by the- Respondent from said Webb City, Missouri plant
to points outside the State of Missouri.
The Respondent admits that its business and operations are of
such a character that labor disputes with its employees affect or
tend to affect commerce within the meaning of the National
`Labor Relations Act.
I
SMITH BROTHERS MANNUFACTTJRING COMPANY 805
II
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization
within the meaning of Section 2, sub-Section (5) of the National
Labor Relations Act
III
The execution of this stipulation, and the provisions of this
stipulation, shall not be constiued as an admission of any of the
allegations of the complaint except' where specifically admitted
in this stipulation; nor as an admission that the Respondent has
engaged in unfair labor pi actices within the meaning of the
National Labor Relations Act
. IV
All parties hereto expressly waive then right to a further
hearing in this matter and to appear further in per son, or other-
wise, to give further testimony and to further examine or cross-
exaniine witnesses (as provided in Section 10 (b) of the National
Labor Relations Act, and in the rules and regulations of the
National Labor Relations Board, Series 2, as amended) And
all parties hereto expressly waive the making of findings of fact
and conclusions of law by the National Labor Relations Board
in this matter
V
It is expressly consented and agreed by the parties hereto that
upon the basis of the pleadings and formal papers herein (con-
sisting of second amended charge, complaint and notice of hear-
ing, affidavit , as to service of complaint,, notice of hearing, and
second amended charge, the answer of the respondent, and certified
copy of order designating trial examiner), and this stipulation,
the following order may be made and entered by the National
Labor Relations Board •
The Respondent, Smith Brothers Manufacturing Company, and
its officers, agents, successors, and assigns, shall:
1. Cease and desist from: (a) Discouraging membership in
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, or in any other labor organ-
ization of its' employees, by discharging any of its employees,
refusing to reinstate any of its employees, or by in any other
manner discriminating against employees in regard to hire or
806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tenure of employment or any term or condition of employment,
and
(b) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of the rights to self-organi-
zation, to form, loin, or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage' in concerted, activities for the purpose of collective bar-
gaining or other mutual aid or protection, as guaranteed in Section
7 of the National Labor Relations Act `
2 Take the following affirmative action which the Board finds
will effectuate the policies of the National Labor Relations Act
(a) Offer to Hubert Surface and Robert Nations immediate
iemstatement at its Webb City, Missouri plant to their former
or substantially equivalent positions, without prejudice to their
seniority or other rights or privileges;
(b) Make whole the following named employees for any loss
of pay that they may have suffered by reason of any alleged dis-
crimination against them by the Respondent, by the payment to
them of the sums of money setoppos;te their names below :
Hubert Surface ------------------------------------ $150 00
Robert Nations------------------------------------- 65 00
(c) Post immediately in conspicuous places on the bulletin
boards at the Webb City, Missouri 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 fiom which it is ordered to cease
and desist in paragraphs 1 (a) and (b) ; (2) That the respondent
will take the affirmative action set forth in paragraph 2 (a) and
(b) of this order; and (3) that the Respondent's employees are
free to become or to remain members of Amalgamated Clothing
Workers of America, affiliated with the Congress of Industrial
Organizations, and that the Respondent will not disciiminate
against any employee because of his membership or activity in
that organization ; and
(d) Notify the Regional Director of the National Labor Rela-
tions Board, Seventeenth Region, within ten (10) days after the
entry of the Boai d's of der, what steps it has taken to comply
therewith
VI
It is expressly understood that, upon the reinstatement of
Hubert Surface as herein piovided, said Surface is to return
to the performance of the duties of a cutter and such other inci-
dental work as cutters are normally iequired to perform in the
SMITH BROTHERS MANUFACTURING COMPANY 807
cutting room, provided, however, that in the performance of
incidental duties on the spieading table, on account of a physical
uifiimity, he is not to be required to work on the spreading table
for greater lengths of time than are normally iequiied of other
cutter s
VII
It is expressly consented and agreed that, upon application
by the National Labor Relations Board, a decree may be entered
by the Circuit Court of Appeals for the 8th Circuit enforcing
the order of said Board The Respondent expressly waives the
right to contest entry of said decree or receive notice of such
application -
VIII
The complaint shall be dismissed with prejudice as to any
alleged discrimination against Gene Coates
Iii
The entire agreement between the parties is contained herein
and there is no agreement either written or oral which alters,
varies or adds to it ,
X
This stipulation is subject to the approval of the National
Labor Relations Board after its submission to the Board in
Washington, D C
On July 16, 1942, the-Board issued its order approving the above
stipulation, 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 proceeding
to the Boaid for the.purpose of entry of a decision and order by the
Board pursuant to the provisions of the stipulation
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE RESPONDENT
Smith Brothers Manufacturing Company is a Missouri corporation,
having its principal office in Carthage, Missouri, and plants in
Carthage, Webb City, St. Joseph, and Neosho, Missouri. This pro-
ceeding involves the respondent's Webb City, Missouri, plant, where
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the respondent is engaged in the manufacture, sale, and distribution
of men's woik clothes and children's play suits During 1941, the
respondent purchased raw materials for use at its Webb City, Mis-
souri, plant valued in excess of $180,000, of which approximately 80
percent was shipped to the plant from points outside the State of
Missouri During the same period the respondent manufactured and
sold finished products, valued in excess of $300,000. Approximately
80 percent of such products was shipped from the plant to points
outside the State of Missouri.
The respondent admits that its business and operations are of such
a character that labor disputes with its employees affect or tend to
affect 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
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, Smith Brothers Manufacturing
Company, its officers, agents, successors, and assigns shall •
1 Cease and desist from'-
(a) Discouraging membership in Amalgamated Clothing Workers
of America, affiliated with the Congress of Industrial Organizations,
or in any other labor organization of its employees, by discharging any
of its employees, refusing to reinstate any of its employees, or by in
any other manner discriminating against employees in regard to hire
or tenure of employment or any term or condition of employment; and
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the iights 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
2. Take the following affirmative action which the Board finds will
effectuate the policies of the National Labor Relations Act •
(a) Offer to Hubert Surface and Robert Nations immediate rein-
statement at its Webb City, Missouri plant to their former or substan-
tially equivalent positions, without prejudice to their seniority or
other rights or privileges ;
(b) Make whole the following named employees for any loss of
pay that they may have suffered by reason of any alleged discrimina-
SMITH BROTHERS MANTJFACTTJRING COMPANY 809'
tion against them by the Respondent , by the payment to them ofcthe
sums of money set opposite their names below.
Hubert Surface----------------------------------------- $ 150 00
Robert Nations----------------------------------------- 65 00
(c) Post immediately in conspicuous places on the bulletin boards
at the Webb City, Missouri plant and maintain for a period of at least
sixty ( 60) consecutive clays fiom 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) ; (2) That the respondent will take the affirmative action
set forth in paragraph 2 (a) and (b) of this order; and (3 ) that the
Respondent 's employees are free to become or to remain members of
Amalgamated Clothing Workers of America, affiliated with the Con-
gress of Industiial Oiganizations , and that the Respondent will not
discriminate against any employee because of his membership or
activity in that organization; and
(d) Notify the Regional Director of the National Labor Relations
Board, Seventeenth Region, within ten (10 ) days after the entry of
the Board 's order, what steps it has taken to comply therewith
AND IT IS FURTHER ORDERED that the complaint , insofar as it alleges
that the iespondent has discriminated in regard to the hire and tenure
of employment of Gene Coates . be, and it hereby is, dismissed.
MR GERARD D 'REILLY took no part in the consideration of the above
Decision and Order