The Atlas Underwear Company

National Labor Relations Board - Board Decisions

Jan 18, 1939

10 N.L.R.B. 1264 (N.L.R.B. 1939)

In the Matter of THE ATLAS UNDERWEAR COMPANY and LOCAL 111,
TEXTILE WORKERS ORGANIZING COMMITTEE
Case No. C-1092.-Decided January 18, 1939
Underwear Manufacturing Industry-Settlement: agreement to comply with
the provisions of the Act-Order: entered on stipulation.
Mr. Lester M. Levin, for the Board.
Mr. A. L. Flesh, of Richmond, Ind., for the respondent.
Mr. John J. Abt, of New York City, for Local 111.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 111, Textile
Workers Organizing Committee, herein called Local 111, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Eleventh Region (Indianapolis, Indiana), issued its
complaint dated October 20, 1938, against The Atlas Underwear Com-
pany, Richmond, Indiana, 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)
and (2) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. A copy of the complaint
accompanied by notice of hearing was duly served upon the respond-
ent and Local 111. On October 28, 1938, the respondent filed its
answer - to the complaint in which it admitted the allegations -con-
cerning the nature and scope of its business but denied the allegations
of unfair labor practices.
Concerning the unfair labor practices the complaint alleged, in
substance, that the respondent dominated and interfered with the
formation and administration of a labor organization among its
employees at its Richmond, Indiana, plant, known as Local 212,
Federated Industrial Union ; and that the respondent, by the afore-
said activity and by urging, persuading, and warning its employees
at its Richmond plant to refrain from becoming or remaining mem-
bers of Local 111, and by threatening its employees with discharge
10 N. L. R. B., No. 112.
1264
DECISIONS AND ORDERS 1265
and other reprisals for becoming or remaining members of Local
111, and by other acts, interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
Thereafter, the respondent, Local 111, and counsel for the Board,
entered into a stipulation in settlement of the case. This stipula-
tion provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between the under-
signed parties to this proceeding, subject to the approval of the
National Labor Relations Board, that :
1. Respondent is now and has been a corporation duly organ-
ized under and existing by virtue of the laws of the State of
Ohio, and is now and has been since May 12, 1915 admitted
to do business in the State of Indiana, having its principal
Indiana office and place of business in the City of Richmond,
County of Wayne, State of Indiana, and is now and has been
continuously engaged at a place of business in the City of
Richmond, County of Wayne, State of Indiana, hereinafter
called the Richmond Plant, in the manufacture, sale and distri-
bution of underwear, pajamas, sport shirts, and knitted shorts.
2. The raw materials used in the manufacturing operations of
the respondent at its Richmond Plant are cottons, silks, rayons,
worsted yarns, and pearl buttons. During the fiscal year 1937
the total cost of said raw materials amounted to approximately
$300,000, all of which were shipped to the Richmond Plant from
points and places outside the State of Indiana. During the
fiscal year 1937 the output of finished products of the respond-
ent at its Richmond Plant, in terms of dollars and cents, was
approximately $800,000, 90% of which products were shipped
to points and places outside the State of Indiana.
3. Respondent operates a sales office in the City of New York,
State of New York and employs three salesmen who travel
throughout the United States in order to solicit business for
said respondent.
4. Respondent hereby waives its right to a hearing in this
cause and all parties expressly agree that this stipulation, the
complaint with notice of hearing, amended charge, and National
Labor Relations Board Rules and Regulations attached, issued
in this matter and duly served on the respondent, and the answer
of said respondent, may be introduced in the record in this pro-
ceeding by filing with the. Chief Trial Examiner of the National
Labor Relations Board at Washington, D. C.
5. Respondent has filed, an 'answer to the complaint herein
admitting allegations contained in paragraphs 1, 2, 3, and 4 of
1266 NATIONAL LABOR RELATIONS BOARD
the complaint. Respondent in its answer has denied allegations
contained in paragraphs '5, 6, 7, 8, 9, and 10 of the complaint
wherein it is alleged that the respondent committed certain unfair
labor practices. Solely for the purposes of settlement,
IT IS FURTHER STIPULATED AND AGREED by and between the
undersigned that the National Labor Relations Board may make
findings of fact and conclusions of law and forthwith enter an
Order in the above entitled matter to the following effect :
A. Respondent, The Atlas Underwear Company, and its officers,
agents, successors and assigns, shall:
(1) Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their
rights in self-organization to form, join or assist labor organi-
zations, to bargain collectively through representatives of their
own choosing and to engage in concerted activities for the pur-
poses of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act;
(2) Cease and desist from dominating or interfering with or
lending encouragement to the formation of or administration of
Local 212, Federated Industrial Union, or with the formation or
administration of any other labor organization of its employees,
and from supporting Local 212, Federated Industrial Union,
or any other labor organization of its employees, in the said
Richmond Plant;
(3) Cease discouraging membership in Local 111, Textile
Workers Organizing Committee, by urging, persuading and warn-
ing its employees at its said Richmond Plant to refrain from be-
coming members or remaining members of said organization.
B. Respondent, the Atlas Underwear Company, and its officers,
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies and purposes of the National Labor
Relations Act :
(1) Post notices in conspicuous places in its plant in the City
of Richmond, Indiana, for a period of thirty (30) days, stating
that it will cease and desist in the manner aforementioned;
(2) Withdraw recognition from Local 212, Federated Indus-
trial Union, as a representative of its employees for the pur-
poses of dealing with the respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, and
other conditions of employment, and disestablish Local 212, Fed-
erated Industrial Union as such representative;
(3) Instruct its supervisory officials, including foremen, as-
sistant foremen, and foreladies at said Richmond Plant not to
encourage or discourage membership in any labor organization;
DECISIONS AND ORDERS 1267
(4) Notify the Regional - Director for the Eleventh Region in
writing, within ten (10) days from the date of the approval of
the stipulation by the National Labor Relations Board, as to
steps respondent has taken to comply with said Order.
IT IS FURTHER STIPULATED AND AGREED by and between the
respective parties in this cause and the respondent expressly con-
sents to the entry by any United States Circuit Court of Ap-
peals of a decree enforcing an order of the National Labor Re-
lations Board in the above form and waives its right to contest
any application by the National Labor Relations Board for the
entry of such ay decree; and further waives any and all require-.
ments of notice and the filing of such application by the National
Labor Relations Board before any United States Circuit Court
of Appeals.
On December 8, 1938, pursuant to the terms of the stipulation, a
copy of the complaint with notice of hearing, the amended charge,
National Labor Relations Board Rules and Regulations-Series 1,
as amended, the respondent's answer, and the stipulation were filed
with the Chief Trial Examiner of the Board at Washington, D. C.,
and thereby became part of the record in the case.
On December 16, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring the
proceeding to the Board for the purpose of entry of a decision and
order by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, an Ohio corporation, is engaged in the manufac-
ture, sale, and distribution of underwear, pajamas, sport shirts, and
knitted shorts, with its principal Indiana office and place of business
at Richmond, Indiana.
The raw materials used in the manufacturing operations of the
respondent at its Richmond plant are cottons, silks, rayons, worsted
yarns, and pearl buttons. During the fiscal year 1937, the total
cost of the aforesaid raw materials amounted to approximately
$300,000, all of which were shipped to the respondent's Richmond
plant from points outside the State of Indiana. During the same
fiscal year the output of finished products of the respondent at its
Richmond plant amounted to approximately $800,000, 90 per cent of
which were 'shipped from the respondent's Richmond plant to points
outside the State of Indiana.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
1268 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 The Atlas Underwear Company, Richmond, Indi-
ana, and its officers , agents, successors, and assigns, shall:
1. Cease and desist from :
(a) 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 ac-
tivities for the purposes of -collective bargaining or other mutual aid
or protection as guaranteed in Section 7 of the National Labor, Re-
lations Act;
(b) Dominating or interfering with or lending encouragement to,
the formation of or administration of Local 212, Federated Indus-
trial Union, or with the formation or administration of any other
labor organization of its employees, and supporting Local 212, Feder-
ated Industrial Union, or any other labor organization of its em-
ployees, in the said Richmond Plant;
(c) Discouraging membership in Local 111, Textile Workers Or-
ganizing Committee, by urging, persuading , and warning its em-
ployees at its said Richmond Plant to refrain from becoming mem-
bers or remaining members of said organization.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post notices in conspicuous places in its plant in the City of
Richmond, Indiana, for a period of thirty (30) days, stating that it
will cease and desist in the manner afore-mentioned;
(b) Withdraw recognition from Local 212, Federated Industrial
Union, as a represenatative of its employees for the purposes of deal-
ing with the respondent concerning grievances, labor disputes , wages,
rates of pay, hours of employment, and other conditions of employ-
ment, and disestablish Local 212, Federated Industrial Union, as
such representative;
(c) Instruct its supervisory officials , including foremen , assistant
foremen, and foreladies at the said Richmond Plant not to encourage
or discourage membership in any labor organization;
(d) If it has not already done so, notify the Regional Director for
the Eleventh Region in writing, within ten (10) days from the date
of this Order, as to steps the respondent has taken to comply with
this Order.