Zweig Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 5, 1942

39 N.L.R.B. 448 (N.L.R.B. 1942)

In the Matter Of ZWEIG MANUFACTURING COMPANY and AMALGA-
MATED CLOTHING WORKERS OF AMERICA
Case No. C-2103.-Decided March 5, 1940
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Bliss Daffan, for the Board.
Mr. H. W. Zweig, for the respondent.
Mr. George Lambert, of Dallas, Tex., for the Union.
Miss Marcia Hertzmark, 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, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Sixteenth Region (Fort Worth, Texas) issued its
complaint dated January 13, 1942, against Zweig Manufacturing
Company, Dallas, Texas, herein called the respondent," alleging
that the respondent had engaged in and was engaging in unfair
labor practices within the meaning of Section 8 (1) and (4) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the complaint and notices of hear-
ing were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that the respondent on or about June 3, 1941, and at
all times thereafter refused to reemploy or reinstate Murial Vining
because she filed charges under the Act and (2) that from on or
about January 21, 1941, the respondent urged, persuaded, and
warned its employees to refrain from aiding, becoming, or remaining
members of the Union or seeking the advice or assistance of the
' It appears from a stipulation herein that the respondent is an individual
39 N. L. R. B., No. 80.
448
ZWEIG MANUFACTURING' COMPANY 449
Union in connection with wages , hours, or other conditions of em-
ployment and threatened its employees with discharge or other
reprisals if they sought or obtained such aid or assistance.
On February 14, 1942, the respondent , the Union , and counsel
for the,Board entered into a stipulation in settlement of the case.
This stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and among H. W.
Zweig, doing business under the style and trade name of Zweig
Manufacturing Company, hereinafter , called the Respondent,
and Amalgamated Clothing Workers of America, hereinafter
called the Union, and Bliss Daffan, Attorney for the,National
Labor Relations Board, Sixteenth Region, that:
1. Upon an amended charge, duly filed by the Union, the
National Labor Relations Board, hereinafter referred to as the
Board, by Edwin A. Elliott, RegionalDirector for the Sixteenth
Region, Fort Worth ; Texas, as agent for the Board, acting pur-
suant to authority granted in Section 10 ( b) of the National
Labor Relations Act, hereinafter referred to as the Act, and
acting pursuant to the Board's Rules and Regulations , Series 2,
as amended , issued its Complaint and Notice of Hearing on
the 13th day of January , 1942, against the Respondent.
2. The Respondent is an individual doing business under the
style and trade name of Zweig Manufacturing Company.
The Respondent is now and has continuously been engaged
at his plant at Dallas , Texas, in the manufacture , sale, and dis-
tribution of work clothing , mostly pants and shirts.
The -Respondent , in the course and conduct of his business,
causes and has continuously caused a large part of the raw
materials used in the manufacture of his finished products to be
purchased and transported in interstate commerce, through
states of the United States other than the State of Texas, to his
plant at Dallas, Texas, and causes and has continuously caused
a large part of the above -mentioned finished products produced
and manufactured by him to be sold and transported in inter-
state commerce from his plant , in the said State, of Texas, into
and through states of the United States other than the State
of Texas.
The Respondent purchases . approximately 500,000 yards of
material a year to be used in the manufacture of his products.
This material consists principally of khaki cloth purchased in
the States of North and South Carolina and in the State of
Alabama, at a cost of approximately $75,000.00. The finished
products of the Respondent are sold to any jobber in any part
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the United States, but are distributed principally in Texas,
Oklahoma, Louisiana and Arkansas. During the calendar year
of 1941, the Respondent produced and sold finished products
of the nature mentioned above valued in excess of $150,000.00.
Not more than 25 percent of value of such finished products
were sold by the Respondent and transported in interstate com-
merce outside the State of Texas.
3. The Respondent is engaged in commerce within the mean-
ing of Section 2 (6) of the Act and his operations affect com-
merce within the meaning of Section 2 (7) of the Act.
4. The Union is a labor organization within the meaning of
the Act.
5. All parties hereto acknowledge service of the Complaint,
Notice of Hearing and Amended Charge, all above-referred
to, and expressly waive further pleadings, hearings and the
making of Findings of Fact and conclusions of law by the
Board.
6. This Stipulation, together with the Complaint, Notice of
Hearing, and Amended Charge, may be filed with the Chief
Trial Examiner of the Board at Washington, D. C., and when
so filed shall constitute the record in this case.
7. Nothing herein contained shall be constituted or taken as
an admission by the Respondent of any of the violations of the
Act alleged in the aforesaid Complaint.
8. All parties hereto hereby consent to the entry of an Order
by the Board providing that on the basis of the record in the
case, pursuant to Section 10 (c) of the Act, the Respondent,
his officers, agents, successors and assigns;
1. Shall not :
(a) In in any manner interfere with, restrain or coerce his
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 activities for the purpose of collective bargaining, or
other mutual aid or protection, as guaranteed in Section 7 of
the Nation a Labor Relations Act.
(b) In any manner discriminate against an employee because
he or she has filed charges or given testimony under the National
Labor Relations Act.
H. Shall take the following affirmative action to effectuate the
cause of the Act :
(a) Offer to Muriel Vining immediate and full reinstatement
to her former or to a substantially equivalent position, without
prejudice to her seniority or other rights and privileges, and
ZWEIG MANUFACTURING COMPANY 451
make whole Muriel Vining for any loss of pay she may have
suffered by payment to her of the sum of $1.61.
(b) Post immediately in conspicuous places in the Dallas,
Texas, plant of the Respondent, and maintain for a period of
at least sixty (60) days, notices to its employees stating:
(1) That the Respondent will not engage in the conduct pro-
hibited in paragraph I, (a) and (b) of this Order.
(2) That he has taken the affirmative action ordered in para-
graph II, (a) of this Order.
(c) Notify the Regional Director for the Sixteenth Region bf
the Board, in writing, within ten (10) days from the date of
this Order what steps the Respondent has taken to comply,
herewith.
IT IS FURTHER ORDERED that the Amended Charge be
and it hereby is dismissed insofar as it alleges that the Respond-
ent terminated the employment of Muriel Vining on or about
May 23, 1941, because of her membership and activities in behalf
of the :Amalgamated Clothing Workers of- America, and - there-
after refused to reinstate her because of such membership and
activity.
9. Upon application by the Board, the United States Circuit
Court of Appeals for the Fifth Circuit, or any appropriate
Circuit Court of Appeals in the United States, may enter its
decree enforcing the Order of the Board as set forth in, para-
graph 8 above. All parties hereto expressly waive all right
and privilege to receive further notice of the filing of an appli-
cation for the entry of such decree or to contest the entry of
-such decree.
10. This Stipulation contains the entire agreement between
all the parties' hereto and there is no other agreement of any
kind, verbal or otherwise, which varies, alters, adds to or detracts
from this Stipulation.
This stipulation is subject to the approval of the National
Labor Relations Board.
On February 18, 1942, the Board issued its order approving the
above stipulation, making it part of the record in the case, and
transferring the proceeding to the Board for the entry of a decision
and order by the Board pursuant to the provisions of this stipulation.
Upon the above stipulation and entire record in the case, the Board
makes the following :
452 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
H. W. Zweig is an individual doing business under the style and
trade name of Zweig Manufacturing Company. He is engaged in
the manufacture, sale, and distribution of work clothing at Dallas,
Texas. The respondent purchases annually approximately 500,000
yards of material for use in the manufacture of his products. This
material consists principally of khaki cloth purchased outside the
State of Texas at a cost of approximately $75,000. The finished
products of the respondent are distributed principally in Texas,
Oklahoma, Louisiana, and Arkansas. During 1941 the respondent
produced and sold finished products valued in excess of $150,000.
Not. more than 25 percent by value of such finished products was
delivered outside the State of Texas. '
The respondent admits that he is engaged in commerce within
the meaning of the Act.
We find that the above-described ' operations constitute a contin-
uous 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
National Labor Relations Act, the National Labor Relations Board
hereby orders that H. W. Zweig, doing business as Zweig Man-
ufacturing Company, Dallas, Texas, his agents, successors, or
assigns :
1. Shall not :
(a) In any manner interfere with, restrain or coerce his em-
ployees 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
activities for the purpose of collective bargaining, or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act ;
(b) In any manner discriminate against an employee because he
or she has filed charges or given testimony under the National
Labor Relations Act. 1
2. Shall take the following affirmative action to effectuate the
purposes of the Act :
(a) Offer to Muriel Vining immediate and full reinstatement to
her former or to a substantially equivalent position, without preju-
dice to her seniority or other rights and privileges, and make whole
ZWEIG MANUFACTURING COMPANY 453
Muriel Vining for any loss- of pay she may have suffered by payment
to her of the sum of $1.61;
(b) Post immediately in conspicuous places in the Dallas, Texas,
plant of the Respondent, and maintain for a period of at least sixty
(60) days, notices,to its employees stating: (1) That the respondent
will not engage in the conduct prohibited in paragraph 1 (a) and
(b) of this Order, (2) That he has taken the affirmative action
ordered in paragraph 2 (a) of this Order;
(c) Notify the Regional Director for the Sixteenth Region of
the Board, in writing, within ten (10) days from the date of this
Order what steps the respondent has taken to comply herewith.
IT IS FURTHER ORDERED that the Amended Charge be, and'it hereby
is, dismissed insofar as it alleges that the respondent terminated the
employment of Muriel Vining on or about May 23, 1941, because
of her membership and activities in behalf of the Amalgamated
Clothing Workers of America, and thereafter refused to reinstate
her because of such membership and activity.