The Firth Carpet Company

National Labor Relations Board - Board Decisions

Jan 4, 1939

10 N.L.R.B. 944 (N.L.R.B. 1939)

In the Matter of THE FIRTH CARPET COMPANY and TEXTILE WORKERS'
ORGANIZING COMMITTEE
Case No. C-1102.-Decided January 4, 1939
Carpet Manufacturing Industry-Settlemeint: agreement to comply with the
provisions of the Act-Order: entered on the stipulation.
Mr. Daniel Baker, for the Board.
White d Case, by Mr. Thomas Kiernan, of New York City, for
the respondent.
Mr. Leo Sheiner, of Walden, N. Y., for the T. W. O. C.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Textile Workers'
Organizing Committee, herein called the T. W. O. C., the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Second Region (New York City), issued its com-
plaint dated September 29, 1938, against The Firth Carpet Company,
Firthcliffe, New York, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices 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 and notice
of hearing thereon were duly served on the respondent and the
T. W. O. C. On October 13, 1938, the respondent filed its answer to
the complaint in which it admitted the allegations concerning 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 Firthcliffe plant known as Firth Workers' Protec-
tive Association 1 and that the respondent, by the aforesaid activity,
'In the pleadings this organization was designated Firth Carpet Workers' Protective
Association
10 N. L. It. B., No. 86.
944
DECISIONS AND ORDERS 945
and by urging, warning, and persuading its employees to refrain from
becoming members of the T. W. O. C. and by keeping under sur-
veillance the meetings of the T. W. O. C., and by other acts, inter-
fered with, restrained, and coerced its employees in the exercise of
the rights guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing was held from November 14 to De-
cember 21, 1938, at Newburgh, New York, before Herbert Wenzel,
the Trial Examiner duly designated by the Board. All parties were
represented by counsel and participated in the hearing. Full op-
portunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues was afforded all parties.
The hearing was adjourned on December 21, 1938.
On December 22, 1938, the respondent, the T. W. O. C., and
counsel for the Board entered into a stipulation in settlement of the
case. This stipulation provides as follows :
IT IS HEREBY STIPULATED by and between The Firth Carpet
Company, Textile Workers Organizing Committee, and Daniel
Baker, attorney for the Second Region of the National Labor
Relations Board, that :
1. Firth Carpet Company is a New York corporation, organ-
ized under the laws of the State of New York on April 4, 1888,
and has done business since that time under and by virtue of
the laws of said State of New York. This company operates
factories and maintains warehouses at Firtheliffe, Newburgh, and
Auburn, New York. It is engaged in the business of manufactur-
ing and distributing carpets and rugs made from wool. The
principal raw materials used by the company in ,the manufac-
ture of the aforesaid products are wool, cotton and jute yarns.
All of the wool used by the company in its manufacturing
process is obtained outside of the State of New York and princi-
pally from foreign countries. All of the cotton yarns used by
the company is obtained from outside of the State of New York.
From 80 to 85 per cent of the jute yarns utilized in the manu-
facture of its products is also obtained by the company from
points beyond the -boundaries of the State of New York. The
wool is secured from England, Scotland, China, Argentina, and
India; jute yarns from Boston, Massachusetts; although all of
the cotton yarns used have their point of origin outside the
State of New York, some are secured through distributors lo-
cated in the State of New York and the remainder principally
through distributors located in Boston, Massachusetts.
2. The company sells and ships 85 per cent of its products to
customers located in states other than New York. The prod-
ucts are distributed over a wide geographical area. Some of its
946 NATIONAL LABOR RELATIONS BOARD
large customers are situated in Chicago, Illinois; Atlanta,
Georgia; Detroit, Michigan; St. Paul, Minnesota; Fort Worth,
Texas; San Francisco, California; and Los Angeles, California.
The company maintains branch sales offices at Boston, Massa-
chusetts, which covers New England, excepting part of Con-
necticut; Dallas, Texas, which covers Texas and adjoining
states; and at Chicago, Illinois, covering the Middle West. Its
products are advertised in the industry trade papers and in some
national consumers' magazines. Some of the names and label
designs used by the company are covered by the United States
Patent Office registration. The instrumentalities of transpor-
tation used by the company in securing delivery of its raw
materials to the plant and delivery of its finished products are
railroads and trucks.
3. Of the total raw materials which are manufactured into
the finished product by the respondent at its three plants afore-
mentioned, 50 per cent is used in the manufacturing process
carried on at the Firthcliffe Plant. Forty per cent of the total
output of the respondent at its plants is manufactured at the
Firthcliffe Plant. The amount received from the sale of the
products manufactured by the respondent each year on the aver-
age is more than $500,000.00. The respondent also spends more
than $500000.00 per year for the raw materials utilized at all its
plants.
4. The respondent admits that it is engaged in interstate com-
merce within the meaning of Section 2, subdivisions (6) and
(7) of the Act.
5. The National Labor Relations Board may make findings
of fact incorporating the statements set out in paragraphs 1,
2, 3, and 4 above.
6. The Textile Workers Organizing Committee, affiliated with
the C. I. 0., is a labor organization within the meaning of the
Act; that Local 106 of the Textile Workers Organizing Com-
mittee is a labor organization within the meaning of the Act,
and is a local of said Textile Workers -Organizing Committee,
the parent body.
7. This stipulation, together with the charge, complaint, notice
of hearing, answer and rules and regulations of the National
Labor Relations Board, may be introduced as evidence by filing
them with the Chief Trial Examiner of the National Labor Rela-
tions Board at Washington, D. C.
8. Upon this stipulation, if approved by the National Labor
Relations Board, an Order may forthwith be entered by said
Board providing as follows :
DECISIONS AND ORDERS 947
a. The respondent, The Firth Carpet Company, shall cease
and desist
(1) From in any manner interfering with, restraining or
coercing its employees in the exercise of their right to self-
organization, to form, join or assist labor organizations, to
bargain collectively with representatives of their own
choosing and to engage in concerted activity for the pur-
poses of collective bargaining or other mutual aid or
protection.
(2) From discouraging membership of its employees in
the Textile Workers Organizing Committee, Local 106,
affiliated with the C. I. 0., or any other labor organization.
(3) From permitting circulation, during working hours,
of any pamphlets, circulars or literature of any kind having
for their purpose the discouragement of membership by its
employees in Local 106 of the Textile Workers Organizing
Committee, or any other labor organization.
(4) From issuing releases to the press stating that orders
have been cancelled or that the respondent is refusing to
accept orders because of anticipated labor disturbances or
because of failure of assurance of continued production due
to anticipated labor difficulties.
(5) From causing paid advertisements to be inserted in
newspapers or other publications which in any way concern
the officials, the affairs or the activities of the Textile Work-
ers Organizing Committee and Local 106 of the Textile
Workers Organizing Committee or any other labor organi-
zation; provided, however, that nothing contained in this
paragraph shall be construed to deprive the Firth Carpet
Company of the right to reply to charges made by the union
against it in answer to charges made in the newspapers
against it by the T. W. O. C. Nothing contained in this
paragraph shall be construed to give the Firth Carpet Com-
pany the right to issue releases to the press which would
constitute a violation of any of the provisions of the Na-
tional Labor Relations Act.
(6) From writing and causing to be sent general individ-
ual letters to all its employees on matters relating to hours,
wages or working conditions.
b. The respondent will take the following affirmative action :
(1) Withdraw and in the future withhold any recognition
from the Firth Workers Protective Association or its suc-
cessor (successor being defined as any organization which has
948 NATIONAL LABOR RELATIONS BOARD
taken over the Firth Workers Protective Association) as a
representative of its employees or any of them for the pur-
pose of dealing with the respondent as the representative of
their employees or any of them concerning grievances, labor
disputes, wages, rates of pay, hours of employment, and
other conditions of employment.
(2) Inform in writing the officers of the Firth Workers
Protective Association that the respondent will not in any
manner recognize or deal with the Firth Workers Protec-
tive Association as the representative of any of its employees
for the purposes of collective bargaining on the matter of
wages, rates of pay, hours of employment and other condi-
tions of employment.
(3) Inform all its officials, supervisory employees includ-
ing foremen, and its pattern starters, loom fixers and a per-
son designated by the respondent as clerk in the axminster
burling department, that they shall not in any way attempt
to discourage membership in any labor organization, nor at-
tempt to persuade individuals to relinquish their member-
ship in the Textile Workers Organizing Committee, and Lo-
cal 106 thereof, or attempt to encourage membership in any
labor organization.
(4) Post and keep visible in a prominent place in each
department in the plant for a period of 30 days, immediately
if not already posted, a copy of a notice marked Exhibit A,2
annexed hereto and part hereof.
(5) Post and keep visible in a prominent place in each
department of the plant for a period of 30 days after receipt
thereof a copy of the Order entered by the National Labor
Relations Board.
(6) The respondent shall notify the Regional Director of
the Second Region of compliance with the terms and pro-
visions of this Order within 10 days from the date of its
entry by the Board.
9. The Company agrees to make available to the Business
Agent or other union representative from time to time as may
be required a conference room in the office of the Mill where the
business agent or other union representative may confer with
worker, workers, shop committeemen or executive board mem-
bers, foremen and other' representatives of the management con-
cerning legitimate grievances and complaints of workers and the
company will permit the business agent or union representative
to call into conferences during working hours the worker or
2 See Appendix A of Decision and Order , below.
DECISIONS' AND ORDERS 949
workers involved, and the shop committeemen or executive board
members.
10. It is further stipulated that the Circuit Court of Appeals
for the Second Circuit may, upon • application by the National
Labor Relations Board, enter a decree enforcing an Order of the
Board in the form set out in paragraph 8 above. The respondent
expressly waives its rights to contest the entry of such an order
in such Circuit Court of Appeals.
11. It is agreed by all parties that further proceedings in con-
nection with this hearing and the right to further presentation of
evidence is expressly waived and all parties agree to waive the
making of findings of fact and conclusions of law by the National
Labor Relations Board.
12. In the event the National Labor Relations Board fails to
approve the provisions of this stipulation this stipulation shall
be null and void and of no effect and the proceedings shall be
resumed and nothing contained herein shall be construed as an
admission against or affect the rights of the respondent.
13. The respondent agrees to post and keep visible for a period
of 30 days copies of Exhibit A in each department of the plant
immediately upon the execution of this stipulation.
On December 27, 1938, pursuant to the terms of the stipulation,
the charge, the complaint with notice of hearing, the respondent's
answer, and National Labor Relations Board Rules and Regulations-
Series 1, as amended, 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 28, 1938, the Board issued its order approving the
above stipulation, making it part of the record in the case, and trans-
ferring the proceeding to the Board for the purpose of entry of the
Decision and Order by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a New York corporation, is engaged in the busi-
ness of manufacturing and distributing carpets and rugs made from
wool. It maintains factories and warehouses at Firthcliffe, New-
burgh, and Auburn, New York. This case is concerned with the
respondent's operations at its Firtlicliffe plant.
The principal raw materials used by the respondent in the manu-
facture of the aforesaid products are wool, cotton, and jute yarns.
All of the wool and cotton used by the respondent is obtained from
147341-39-vol. 10-61
950 NATIONAL LABOR RELATIONS BOARD
points outside of the State of New York. Eighty to 85 per cent
of the jute yarns used by the respondent are also obtained from
points outside the State of New York. Of the total raw materials
which are used by respondent at its three afore-mentioned plants, 50
per cent are used by the respondent at its Firthcliffe plant. The
respondent sells and ships 85 per cent of its products to customers
located in States other than the State of New York. Forty per cent
of the total output of the respondent at its three plants is manu-
factured at the Firthcliffe plant. The respondent spends more than
$500,000 each year for the raw materials used at all its plants, and
receives more than $500,000 each year for the sale of the products
manufactured at all its plants.
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, 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 Firth Carpet Company, Firthcliffe, New York,
shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activity
for the purposes of collective bargaining or other mutual aid or
protection;
(b) Discouraging membership of its employees in the Textile
Workers' Organizing Committee, Local 106, affiliated with the
C. I. 0., or any other labor organization;
(c) Permitting circulation, during working hours, of any pam-
phlets, circulars or literature of any kind having for their purpose
the discouragement of membership by its employees in Local 106
of the Textile Workers' Organizing Committee, or any other labor
organization;
(d) Issuing releases to the press stating that orders have been
canceled or that the respondent is refusing to accept orders because
of anticipated labor disturbances or because of failure of assurance
of continued production due to anticipated labor difficulties;
(e) Causing paid advertisements to be inserted in newspapers or
other publications which in any way concern the officials, the affairs
or the activities of the Textile Workers' Organizing Committee and
Local 106 of the Textile Workers' Organizing Committee or any
DECISIONS AND ORDERS 951
other labor organization; provided, however, that nothing contained
in this paragraph shall be construed to deprive The Firth Carpet
Company of the right to reply to charges made by the union against
it in answer to charges made - in the newspapers against it by the
T. W. O. C. Nothing contained in this paragraph shall be con-
strued to give The Firth Carpet Company the right to issue releases
to the press which would constitute a violation of any of the pro-
visions of the National Labor Relations Act;
. (f) Writing and causing to be sent general individual letters to
all its employees on matters relating to hours, wages or working
conditions.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Withdraw and in the future withhold any recognition from
the Firth Workers' Protective Association or its successor (successor
being defined as any organization which has taken over the Firth
Workers' Protective Association) as a representative of its employees
or any of them for the purpose of dealing with the respondent as
the representative of their employees or any of them concerning
grievances, labor disputes, wages, rates of pay, hours of employ-
ment, and other conditions of employment;
(b) Inform in writing the officers of the Firth WTorkers' Protective
Association that the respondent will not in any manner recognize
or deal with the Firth Workers' Protective Association as the repre-
sentative of any of its employees for the purposes of collective bar-
gaining on the matter of wages, rates of pay, hours of employment,
and other conditions of employment;
(c) Inform all its officials, supervisory employees including fore-
men, and its pattern starters, loom fixers,, and a person designated
by the respondent as clerk in the axminster burling department, that
they shall not in any way attempt to discourage membership in any
labor organization, nor attempt to persuade individuals to relinquish
their membership in the Textile Workers' Organizing Committee,
and Local 106 thereof, or attempt to encourage membership in any
labor organization;
(d) Post and keep visible in a prominent place in each department
in the plant for a period of 30 days, immediately if not already
posted, a copy of a notice marked Appendix A, annexed hereto and
part hereof;
(e) Post and keep visible in a prominent place in each department
of the plant for a period of 30 days after receipt thereof a copy of
the Order entered by the National Labor Relations Board;
(f) Notify the Regional Director of the Second Region of com-
pliance with the terms and provisions of this Order within 10 days
from the date of its entry by the Board.
952 NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES OF THE FIRTH CARPET COMPANY
FIRTHCLIFFE PLANT
1. The Firth Carpet Company will not in any way interfere with,
restrain or coerce its employees in the exercise of their rights to self-
,organization, to form, join or assist labor organizations, to bargain
collectively with representatives of their own choosing and to engage
in concerted activity for the purpose of collective bargaining or
other mutual aid or protection.
2. The Firth Carpet Company will not discourage membership
of its employees in the Textile Workers Organizing Committee,
Local 106, affiliated with the C. I. 0., or any other labor organization.
3. The Firth Carpet Company will not permit the circulation dur-
ing working hours of any pamphlets, circulars or literature of any
kind having for their purpose the discouragement of membership
by its employees in Local 106 of the Textile Workers Organizing
Committee, or any other labor organization.
4. The Firth Carpet Company will not issue releases to the press
stating that orders have been cancelled or that the respondent is
refusing to accept orders because of anticipated labor disturbances
or because of failure of assurance of continued production due to
anticipated labor difficulties.
5. The Firth Carpet Company will not insert paid advertisements
in newspapers or other publications which in any way concern the
officials, the affairs or the activities of the Textile Workers Organ-
izing Committee and Local 106 of the Textile Workers Organizing
Committee or any other labor organization. Provided, however,
that nothing contained in this paragraph shall be construed to de-
prive the Firth Carpet Company of the right to reply to charges
made by the union against the Firth Carpet Company in answer to
charges made in the newspapers against the Firth Carpet Company
by the T. W. O. C. Nothing contained in this paragraph shall be
construed to give the Firth Carpet Company the right to issue re-
leases to the press which would constitute a violation of any of the
provisions of the National Labor Relations Act.
6. The Firth Carpet Company will not write or cause to be sent
general individual letters to all its employees on matters relating to
hours, wages or working conditions.
7. It is the position of The Firth Carpet Company that the Firth
Workers Protective Association is not a labor organization within
the meaning of the National Labor Relations Act, and the Firth
Carpet Company will not in the future recognize the Firth Workers
DECISIONS AND ORDERS 953
Protective Association or its successor as a representative of its em-
ployees or any of them for the purpose of dealing with Firth
Carpet Company as the representative of their employees or any
of them concerning grievances, labor disputes, wages, rates of
pay, hours of employment, and other conditions of employ-
ment, and will inform in writing the officers of the Firtlz
Workers Protective Association that it will not in any way
recognize or deal with the Firth Workers Protective Association
as the representative of its employees for purposes of collective bar-
gaining with respect to wages and hours and other conditions of
employment.
8. The Firth Carpet Company will inform all its officials, super-
visory employees, including foremen, and its pattern starters, loom
fixers and a person designated by the Firth Carpet Company as clerk
in the axminster burling department, that they shall not in any way
attempt to discourage membership in any labor organization, nor at-
tempt to persuade individuals to relinquish their membership in
the Textile Workers Organizing Committee, and/or Local 106 thereof,
or attempt to encourage membership in any labor organization.