Standard Trouser Co.

National Labor Relations Board - Board Decisions

Feb 13, 1942

38 N.L.R.B. 1197 (N.L.R.B. 1942)

In the Matter Of STANDARD TROUSER COMPANY and AMALGAMATED
CLOTHING WORKERS OF AMERICA (C. I. 0.)
Case No. C-1087.Decided February 13, 19J2
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Henry Shore and Mr. W. G. Stuart Sherman, for the Board.
Mr. M. Ward Fleming, of Bellefonte, Pa., and Mr. P. L. Lerner,
for the respondent.
Mr. John Sobczak, of Pittsburgh, Pa., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Amalgamated Clothing Workers of
America (C. I. 0.), herein called the Union, the National Labor
Relations Board, herein called the Board, by the Acting Regional
Director for the Sixth Region (Pittsburgh, Pennsylvania), issued its
complaint, dated January 15, 1942, against Standard Trouser Com-
pany, Buckhannon, West Virginia, herein called the respondent,
alleging that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce, within the meaning of Sec-
tion 8 (1) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. Copies of complaint and
notice of hearing were duly served upon the parties.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent, by its officers and agents, (1) made
certain statements tending to discourage its employees' membership
and activity in the Union, (2) held a meeting of its employees for
the purpose of discouraging membership in the Union, and (3) per-
mitted on its premises and during work hours the circulation of
petitions directed against the Union.
38 N. L. R. B., No. 214.
1197
1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On or about January 27, 1942, prior to the scheduled hearing in the
case, the respondent, the Union, and counsel for the Board entered into
a stipulation in settlement of the case. The stipulation provides
as follows :
It is hereby stipulated and agreed by and among Standard
Trouser Company, hereinafter called the Respondent, the Amal-
gamated Clothing Workers of America, affiliated with the Con-
gress of Industrial Organizations, hereinafter called the Union;
and Henry Shore and W. G. Stuart Sherman, Attorneys for the
National Labor Relations Board, as follows :
I
Upon charges duly filed by the Union, the National Labor
Relations Board, by the Acting Regional Director for the Sixth
Region, acting pursuant to authority granted in Section 10 (b)
of the National Labor Relations Act, 49 Stat. 449, and pursuant
to Article IV, Section 1, of the National Labor Relations Board
Rules and Regulations, Series 2 as, amended, duly issued its
Complaint and Notice of Hearing on January 15, 1942, against
the Respondent herein.
II
This Stipulation, together with the charges, Complaint and
Notice of Hearing, and Acceptances of Service of the said Com-
plaint and Notice of Hearing, shall constitute the entire record
in this case and may be filed with the Chief Trial Examiner of
the National Labor Relations Board, Washington, D. C.
III
All the parties hereto waive their right to a hearing and to the
making of findings of fact and conclusions of law by the National
Labor Relations Board herein, and to any other or further pro-
cedure before said Board.
IV
Respondent is now and has been since 1939, a corporation or-
ganized and existing under the laws of the State of West Virginia,
having its principal office and place of business in the City of
Buckhannon, West Virginia. Respondent is engaged in the pro-
duction, manufacture, sale and distribution of trousers, jackets
and shirts. The principal raw materials used by the Respondent
in the manufacture of its products consist of rayon, cotton and
wool fabrics. The Respondent engages as a contractor using
STANDARD TROUSER COMPANY 1199
raw materials belonging to others, and from September 1940 to
date has been engaged practically, entirely in the manufacture of
trousers for the United States Government on a contract basis.
During the year 1941, the value of the raw materials used at its
Buckhannon, West Virginia plant was in excess of $25,000.00, of
which more than 90o%o originates in states of the United States
other than the State of West Virginia, and is shipped by rail and
truck to the Respondent's plant in the State of West Virginia.
For the year 1941 the value of the products manufactured by the
Respondent was in excess of $50,000.00. Of this amount more
than 80% was sold and shipped to states of the United States other
than the State of West Virginia, said shipments being by rail
and truck. Respondent employs approximately one hundred
sixty (160) people. Respondent is engaged in interstate com-
merce within the meaning of Section 2, Subdivisions (6) and (7)
of the Act.
V
The Union is a labor organization within the meaning of Sec-
tion 2, Subdivision (5) of the National Labor Relations Act.
VI
Upon this Stipulation and upon the record herein, an Order
may forthwith be entered by the National Labor Relations
Board as follows :
1. The Respondent, Standard Trouser Company, its officers,
agents, successors and assigns, shall cease and desist from :
(a) In any manner interfering with, restraining or coerc-
ing its employees in the exercise of their right 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
or other mutual aid or protection.
2. The Respondent, Standard Trouser Company, is officers,
agents, successors and assigns, shall take the following affirm-
ative action to effectuate the purposes and policies of the Na-
tional Labor Relations Act :
(a) Post immediately in conspicuous places in 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 con-
duct from which it is ordered to cease and desist in para-
graph 1 (a) of this Order.
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) That the Respondent's employees are free to become
or remain members in any labor organization, and the
Respondent will not discriminate against any employee
because of membership in or activity on behalf of that or-
ganization.
(b) Notify the Acting Regional Director for the Sixth Re-
gion in writing within ten (10) days from the date of this
Order what steps the Respondent has taken to comply there-
with.
VII
The Respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate Circuit, up-
on application of the National Labor Relations Board of a Con-
sent Decree enforcing the Order of the National Labor Relations
Board substantially in the form as set forth in paragraph VI
above, and hereby waives further notice of the application for
such Decree.
VIII
It is understood and agreed that this Stipulation embodies the
entire agreement between the parties and there is no verbal agree-
ment of any kind which varies, alters or adds to this Stipulation.
Iii
It is understood and agreed further that this Stipulation is sub-
ject to the approval of the National Labor Relations Board and
shall become effective immediately upon receive of notice granting
such approval.
On February 5, 1942 the Board issued an order approving the above
stipulation, making it a part of the record, and, pursuant to Article
II, Section 36, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, transferring the proceeding to the
Board for the purpose of entering a Decision and Order pursuant to the
provisions of the stipulation.
On the basis of the above stipulation and upon the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Standard Trouser Company, a West Virginia corporation with its
principal office and place of business in Buckhannon, West Virginia,
is engaged in the production, manufacture, sale, and distribution of
STANDARD TROUSER COMPANY 1201
trousers, jackets, and shirts. The respondent engages as a contractor
using raw materials belonging to others, and from September 1940 to
the date of the signing of the above stipulation was engaged almost
entirely in the manufacture of trousers for the United States Govern-
lnent-on a contract basis. During 1941 the value of the raw materials
used by the respondent at, its Buckhannon, West Virginia; plant, prin -
cipally rayon, cotton, and wool fabrics, was. in excess of $25,000, of
which more than 90 percent originated outside the State of West Vir-
ginia. During the same period the value of the products manufactured
by the respondent was in excess of $50,000, of which amount more than
80 percent was sold and shipped outside the State of West Virginia.
The respondent admits that it is engaged in commerce within the
meaning of the Act.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER
On 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 Na-
tional Labor Relations Act, the National Labor Relations Board hereby,
orders that Standard Trouser Company, Buckhannon, West Virginia,
its officers, agents, successors, and assigns shall : -
1. Cease and- desist from : •
(a) In any manner interfering with, restraining, or coercing its-em-
ployees in the exercise of their right 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 or other mutual aid or protection.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Post immediately in conspicuous places in its .plant and 'main-
tain 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 paragraph 1 (a) of this Order.
(2) That the respondent's employees are free to become or remain
members in any labor organization, and the respondent will not dis-
criminate against any employee because of membership in or activity
on behalf of that organization.
(b) Notify the Acting Regional Director for the Sixth Region in
writing within ten (10) . days from the date of this Order what steps
the respondent has taken to comply herewith.
438861-42-vol. 38-77