Lark Hosiery Mills, Inc.

National Labor Relations Board - Board Decisions

Jun 25, 1940

24 N.L.R.B. 983 (N.L.R.B. 1940)

In the Matter Of WALNUT HOSIERY MILLS, INC., ALSO KNOWN AS LARK
HOSIERY MILLS, INC. and AMERICAN FEDERATION OF HOSIERY WORK-
ERS and WALNUT HOSIERY MILLS, INC. EMPLOYEES, AFFILIATED WITH
AMERICAN FEDERATION OF LABOR, PARTY TO THE' CONTRACT, and
AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT and FED-
ERAL LABOR UNION No. 22,085 (ALSO KNOWN AS FULL-FASHIONED
'HOSIERY WORKERS UNION No. 22,085), AFFILIATED WITH THE AMERI=
CAN FEDERATION OF LABOR, BENEFICIARY OF THE CONTRACT
Case No. C-1596.-Decided June °5,1940
Hosiery Manufacturing Industry-Settlement : stipulation providing for com-
pliance with Act, including reinstatement of nine named employees-Order:
entered on stipulation.
Mr. Jerome. I. MaccItt, for the Board.
Mr. Charles C. Lark and Mr. Frederick F. Lark, of Shamokin, Pa.,
for the respondent.
Mr. Isadore Katz, of Philadelphia, Pa., for. the Hosiery Workers.
Mr. Joseph A. Padway, by Mr. James A. Glenn, of Washington,
D. C., for Union 22,085.
Mr. Anthony Valente, of Washington, D. C., for United Textile
Workers of America.
Mr. Richard Johnston, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Fed-
eration of Hosiery Workers, herein called-the Hosiery Workers, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fourth Region (Philadelphia, Pennsyl-
vania), issued its. complaint dated May 6, 1940, against Walnut
Hosiery Mills, Inc., and Lark Hosiery Mills, Inc.,' both,of Shamokin,
Pennsylvania, herein called the respondents, alleging _ that the re-
spondents had engaged in and were engaging in unfair. labor practices
' The complaint is hereinafter dismissed In so far as it relates to this respondent.
24 N. L. R. B., No. 104. 983
984 DECISIONS . OF NATIONAL LABOR RELATIONS BOARD
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, herein called the Act. Copies of the complaint, accompanied by
notice of hearing, were duly served upon each of the respondents, upon
the Hosiery Workers, and upon each of the following labor organiza-
tions : American Federation of Labor, herein called the A. F. of L.;
Federal Labor Union No. 22,085, also known as Full-Fashioned
Hosiery Workers Union No. 22,085, herein called Union 22,085; and.
Walnut Hosiery Mills, Inc. Employees.2
In respect to the unfair labor practices, the complaint alleged in
substance : (1) that the respondents urged, persuaded, and warned
their employees not to join or assist the Hosiery Workers, and threat-
ened them with loss of employment if they (lid so; (2) that the re-
spondents inserted in a local newspaper an advertisement derogatory
to the Hosiery Workers, its leaders, and its members; (3) that the
respondents made intimidatory and coercive anti-union statements
to their individual employees, and speeches to groups of them, cau-
tioning and advising them, among other things, against the Hosiery
Workers, its advantages, benefits, and accomplishments, and against
the officers and leaders of its International; (4) that the respondents
discharged certain employees, viz, Paul Smith on July 14, 1939,
George Davis on September 13, -1939; and Donald Berkheiser on
October 4, 1939, and thereafter, at all times since said dates, refused
to employ said persons, for the purpose of discouraging membership
in and activities on behalf of the Hosiery Workers; (5) that the
respondents caused to be circulated and signed by their employees
a petition for membership in the A. F. of L.; coerced, intimidated,
and threatened their employees, both inside and outside the plant,
with loss of their jobs should they fail to become members of the
A. F. of L.; solicited and procured certain of their employees to
circulate a petition directed against the Hosiery Workers, and to
make threats and issue warnings to other of their employees against
joining and maintaining membership in the Hosiery Workers, and
furnished money to said employees for said purposes; threatened to
keep the plant closed unless, the employees joined the A. F. of L., and
gave further financial and other support and assistance to the A. F.
of L., all for the purpose of discouraging membership in the Hosiery
Workers and encouraging membership in the A. F. of L.; (6) that
despite the Hosiery Workers' demand for, collective bargaining, its
claim to represent a 'majority of the respondents' employees in a unit
approptiate_ for collective bargaining, and its offer to submit proof
thereof to the respondents, the respondents committed the acts above
set forth, and in. furtherance thereof and of their unfair labor practices
2 This is the correct name of this organization.
WALNUT HOSIERY MILLS, INC. 985
.signed a closed-shop contract on July 14, 1939, with Walnut Hosiery
Mills, Inc. Employees, affiliated with the A. F. of L.,. and with the
A. F. of L., concerning wages, hours, and conditions of, employment
of their employees, although the-A. F. of L. had not been duly desig-
nated by a majority of the employees as their representative for the
purposes of collective bargaining; (7) that on July 17, 1939, and down
to the date of the issuance of the complaint, the respondents pur-
ported to observe and perform the terms and conditions of the fore=
said contract with the A. F. of L.; (8) that by virtue of, the acts above
set forth, and other acts, the respondents' contract with Walnut
Hosiery Mills, Inc. Employees, affiliated with the A. F. of L.., and
with the A. F. of L., is illegal and invalid and in violation of the Act;
(9) that by the above and other acts the respondents, and each of
them, sought to defeat the purposes and status of the Hosiery Workers
in collective bargaining and to discourage membership in the Hosiery
Workers; (10) that as a result of the acts of the respondents above
set forth, many of the respondents' employees, including Lewis
Maurer, Carl Maurer, Donald Berkheiser, Walter Koziol, William
Chapman, Pat Malisheskie, Paul Baron, and William Miller, ceased
work from October 5, 1939, to October 7, 1939, and that on October 7,
1939, and at all times since, the respondents refused to reinstate the
above-named employees because they had joined or assisted the Ho-
siery Workers and engaged in concerted activities for the purposes
of collective bargaining and other mutual aid and protection, thereby
discriminating in -regard to the hire and tenure of employment of
said employees and discouraging membership in the Hosiery Work-
ers, and encouraging membership in the A. F. of L.; (11) that by
all of the above and other acts, the respondents and each of them,
intimidated, coerced, interfered with, and restrained their employees
in the exercise, of rights guaranteed to them in Section 7 of the Act.
On May 21, Walnut Hosiery Mills, Inc., one of the respondents,
filed its answer to the complaint, denying generally the material aver-
ments of the complaint. On the same day, Lark Hosiery Mills, Inc.,
the other respondent, filed its answer to the complaint, denying that
it had at any time since December 31, 1938, engaged in the manufac-
ture, distribution, purchase, or sale of, or caused the transportation of
any goods, materials, or products, or employed any person or persons,
and denying generally the material averments of the complaint.
Pursuant to notice, a hearing was held in Shamokin, Pennsylvania,
on May, 23 and 24,. before the Trial Examiner duly designated by the
Board., The Board, the respondents, the Hosiery Workers, and Union
22,085, represented by counsel, and United Textile Workers of Amer-
ica by a representative thereof, appeared and participated in the hear-
ing. At the outset. of the hearing Union 22,085 filed an answer.
986 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
During the hearing , the respondents ; the Hosiery Workers; Walnut
Hosiery Mills, Inc. Employees , affiliated with American Federation of
Labor; the A. F. of L.; Union 22 ,085; and counsel for the Board,
entered into the following stipulation and agreement in settlement of
the case, subject to approval by the Board:
It is hereby stipulated by and between Walnut Hosiery Mills,
Inc., a respondent , Lark Hosiery Mills, Inc., a respondent, Amer-
ican Federation of Hosiery Workers, a party herein, Walnut
Hosiery Mills, Inc., Employees , affiliated with American Federa-
tion of Labor, a party herein, American Federation of Labor, Fed-
eral Labor Union No. 22085 , also known as Full -Fashioned
Hosiery Workers Union No. 22085, affiliated with the American
Federation of Labor, a,party herein, and Jerome I. Macht, At-
torney for the National Labor Relations Board, that :
I. This stipulation , together with the Board exhibits and the
testimony adduced at the hearing on May 23rd , 1940, shall con-
stitute the record in this proceeding.
II. The taking of further testimony , or evidence , before the
Trial Examiner in this matter; and the making of findings of
fact and conclusions of law by the Board, pursuant to the pro-
visions of the National Labor Relations Act, are hereby expressly
waived by the parties herein.
III. Upon this stipulation , if approved by the National Labor
Relations Board, and upon the record herein, an order may be
entered by said Board, and by the appropriate United States Cir-
cuit Court of Appeals, without further notice of the application
for enforcement thereof, providing as follows :
The respondent , Walnut Hosiery Mills, Inc., and its officers,
agents, successors and assigns shall :
1. Cease and desist- - -
(a) From in any manner interfering with, restraining, or
coercing its employees in the exercise of their rights to self-
organization, to form, join, for assist labor organizations , to bar-
gain 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) From discouraging membership ' in the American Federa-
tion of Hosiery Workers or any- other labor organization of its
employees ; or encouraging membership in any labor organiza-
tion of its employees , by discriminating against employees in
regard to hire or tenure of employment, or any condition of
employment , or by coercing , advising or urging its employees to
cease activities in behalf of any labor organization;
WALNUT HOSIERY MILLS, INC. 987
(c) From giving effect to its contract with the American Fed-
ieration of Labor, Walnut Hosiery Mills, Inc., employees, affili-
ated with the American Federation of Labor, dated July 14, 1939.
2. Take the following affirmative action :
(a) Offer to George Davis, Donald Burkheiser, Paul Smith,
.Lewis Maurer, Carl Maurer, Walter Koziol, Pat Malisheskie, Paul
Baron, and William Miller, immediate and full reinstatement, to
their former positions. without loss'of seniority and without preju-,
dice to the rights and privileges previously enjoyed by them;
(b) Make whole for the loss of pay suffered by each of the fol-
lowing named employees, by payment to each of them respec-
tively, the sum set opposite his name, which is as follows :
William Miller -------------- ----------------------- $200.00
Carl Maurer--------------------------------------- 125.00
Lewis Maurer------------------------------------- 125.00
George Davis-------------------------------------- 50.00
(c) Immediately post notices in conspicuous places throughout
the plant and maintain such notices for a period of (60) consecu-
tive days, stating: (1) That the respondent, Walnut Hosiery
Mills, Inc., will not engage in the conduct from which it is
-ordered to cease and desist, in paragraphs 1 (a), (b) and (c) of
this order; (2) That the respondent, Walnut'Hosiery Mills, Inc.,,
will take the affirmative action set forth in paragraph 2 (a) and
(b) of this order; (3) That the respondent, Walnut Hosiery
Mills, Inc., employees, are free to become or remain members of
American Federation of Hosiery Workers, or Federal Labor
Union No. 22085, American Federation of Labor, and the respond-
ent herein will not discriminate against any employees because
of membership or activity in either organization.
(d) Notify the Regional Director for the Fourth Region in
writing, within ten (10) days of the date of this order, the steps
respondent, Walnut Hosiery Mills, Inc:, has taken to comply
herewith.
AND IT IS FURTHER ORDERED, that the complaint be, and it hereby
is dismissed insofar as it relates to Lark Hosiery Mills, Inc.
AND IT IS FURTHER ORDERED, that the complaint be, and it hereby
is dismissed insofar as it alleges that the respondent, Walnut
Hosiery Mills, Inc., engaged in unfair labor practices in refusing
to reinstate William Chapman.
IV. It is stipulated and agreed that the appropriate United
States Circuit Court of Appeals may, upon application of the
National Labor Relations Board, enter a decree enforcing the
aforesaid order of the Board, the parties hereby expressly waiving
their rights to receive notice of the filing by the Board of an
application for the entry of such a decree.
988 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
' A
V. It is stipulated and agreed, that the parties named in para-
graph 2, subsection (a) of this stipulation shall be offered
immediate and full reinstatement to their former positions, with-
out loss of seniority and without prejudice to the, rights and
privileges previously enjoyed by them, and immediately upon
approval of this stipulation by the Board. .
V. (9). It is agreed that the notice, as provided in para-
graph III, 2 (c), shall be posted immediately upon approval of
this stipulation by the Board.
It is understood and agreed that none of the present employees
shall be displaced by any of the above-named parties.
VI. It is stipulated and agreed, that this stipulation. is sub-
ject to the approval of the National Labor Relations Board.
VII. It is further stipulated and agreed, that on the-basis
of the petition to be filed on May 25, 1940, the parties hereto
agree and consent that an election, by secret ballot, shall be
conducted by the Regional Director for the Fourth Region of
the National Labor Relations Board,, acting in the matter as
agent for the Board, or his agent or agents, for the purpose of
determining the representative of the employees of the Walnut
Hosiery Mills, Inc., for the purposes of collective bargaining on
matters concerning wages, hours and other working conditions.
VIII. Such election shall be held in conformity with and
subject to Article III, Sec. 9, Rules and Regulations Series 2, as
amended, of the National Labor Relations Board, and the rules,
regulations and decisions of the National Labor Relations Board
pertaining to the conduct of elections by secret ballot; provided
that the Regional Director shall investigate and rule finally
upon any objections 'which may-be filed to his election report,
or to the conduct of the ballot, and that all parties to this stipu-
lation waive any hearing on such objections.
IX. The representative designated or selected at .such elec-
tion by majority of those casting valid ballots in such election
shall become the exclusive representative of all of the employees
in the Unit agreed upon by the parties to this stipulation, as
appropriate for the purposes of collective bargaining with re-
spect to rate of pay, wages, hours of employment, or to the
conditions of employment; the appropriate unit referred to here-
inabove shall be the production and maintenance employees of
Walnut Hosiery Mills, Inc., excluding executives, supervisory,
managerial, clerical and office employees.
X. The employees eligible to vote in such election shall be
those employees in the appropriate unit -described in paragraph
IX, whose names appear on the payroll of the Walnut Hosiery
WALNUT HOSIERY MILLS, INC. 989
Mills, Inc., including those not on the payroll because of sick-
ness, temporary lay-off, or vacation, including Paul Smith,
George Davis, Donald Berkheiser, Lewis Maurer, Carl Maurer,
Walter Koziol, Pat Malisheskie, Paul Baron and William Miller,
unless they shall not have accepted the employer's offer of em-
ployment by the time. of furnishing the lists as specified in the
next paragraph.
The company will furnish two copies. of a list of names of
employees on its payroll as of June 3, 1940, to the Regional
Director, or his agent, at least five days before the date of such
election, for the purposes of such election.
The company and the Unions agree to cooperate fully with the
Regional Director, and his agent or agents,. in the conduct of
such election, and specifically agree to check the names on the
payroll specified in paragraph X above, in order to eliminate,
in advance of the date of such election, the names of the persons
not eligible, to vote.
The question to be voted on at such election, and to be included
on the official ballot shall be' Whether the employees in the
Unit described in paragraph IX above, desire to be represented
for the purposes of collective bargaining by the American Fed-
eration of Hosiery Workers, or by the American Federation of
Labor, or by neither.
The election shall be held on June 10, 1940, between the hours
of 1:30 P. M. to 5:00 P. M., at Taubel Mill Building, Walnut
Street, Shamokin, Pa.
Notices of such election will be posted at conspicuous places
on the company's premises, at least five days prior before the
time of the election, and such posting and distribution may be
made by the Regional Director, or his agent or agents.
XI. The company agrees to' bargain collectively with the
labor organization found to represent a majority- of the em-
ployees in the said appropriate unit as exclusive bargaining
.agency of all of its employees in said Unit, and in the event an
agreement is reached between the company and such labor or-
ganization, to reduce such agreement to writing, and execute it.
XI. The company agrees not to interfere with, restrain or
coerce its employees in the free choice of collective bargaining
representatives in such election, nor to interfere by coercion or •
persuasion, directly. or indirectly, or by its agents or foremen,
with the free choice by its employees of collective bargaining
representatives in such election. ' .
XII. It is agreed that the amount of money to be paid the
employees, as set forth in Paragraph III, 2 (b) shall be paid
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within six weeks immediately succeeding the approval of this
stipulation by the Board.
XIII. This stipulation contains the entire agreement of the
parties and there is no verbal agreement-of any kind which
varies, alters, or adds to this stipulation.
On May 31, 1940, the Board issued its order approving the above
stipulation and agreement and making it a part of the record in the
case, and directing that the proceeding be transferred and continued
before the Board for the purpose of entry of a decision and order
by the Board.
Upon the above stipulation and agreement and upon the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Walnut Hosiery Mills, Inc., is a Pennsylvania corporation with its
principal office and place of business in Shamokin, Pennsylvania.
It is engaged in the manufacture, sale, and distribution of ladies' full-
fashioned hosiery and kindred products. Approximately. 50 per cent
of such products are regularly shipped from the Shamokin plant to,
into, and through States of the United States other than the State of
Pennsylvania. In the course of manufacture at Shamokin, Walnut
Hosiery Mills, Inc., uses various raw materials consisting principally
of thrown silk and mercerized cotton. Approximately 50 per cent
of such raw materials are purchased and regularly shipped to the
Shamokin plant from States of the United States other than the
State of Pennsylvania. The gross sales of Walnut Hosiery Mills,
Inc., for the year 1939 were approximately $140,000, or 41,000 dozen
pairs of stockings, 50 per cent of which were shipped from Shamokin,
to, into, and through States other than Pennsylvania. . During the
same year Walnut Hosiery Mills, Inc., purchased raw materials worth.
approximately $50,000, 50 per cent of which were shipped to Sha-
mokin from States other than Pennsylvania. Walnut Hosiery Mills,
Inc., admits that it is engaged in commerce, within the meaning of the
Act.
We find that the above-described operations of the respondent,
Walnut Hosiery Mills, Inc., constitute a continuous flow of trade,
traffic, and commerce among the several States of the United States.
In view of the fact that the complaint is hereinafter dismissed in so
far as it relates to Lark Hosiery Mills, Inc., we make no finding
regarding the business of that respondent.
WALNUT HOSIERY MILLS, INC. '
II. THE ORGANIZATIONS INVOLVED
991
American Federation of Hosiery Workers is affiliated with United
Textile Workers of America, a labor organization affiliated with
Congress of Industrial Organizations. The Hosiery Workers . is, a
labor organization, within the meaning of Section 2 (5). of the Act.
Federal Labor Union No. 22,085,3 affiliated with American Federa-
tion of Labor, is a labor organization, within the meaning of Section
2 (5) of the Act. It was formerly known as Walnut Hosiery Mills,
Inc.. Employees and was affiliated with American Federation of
Labor.
American. Federation of Labor is a labor organization, within the
meaning of Section 2 (5) of the Act.
ORDER
Upon the -basis of the above findings of fact, stipulation, and
agreement, and upon 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, Walnut
Hosiery Mills, Inc., Shamokin, Pennsylvania, a corporation, it 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
activities.for the purposes of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the Act ;
(b) Discouraging membership in American Federation of Hosiery
Workers, or any other labor organization of its employees, or en=
couraging membership in any labor organization of its employees, by
discriminating against employees in regard to hire or tenure of. em-
ployment or any condition of employment,. or by coercing, advising,
or urging its employees to cease, .activities in behalf of any labor
organization ;
(c) Giving effect to its contract with Walnut Hosiery Mills, Inc.
Employees, dated July 14, 1939.
2. Take the following affirmative action, to effectuate the policies
of the Act: . '
(a) Offer to George Davis, Donald Berkheiser, Paul Smith, Lewis
Maurer, Carl Maurer, Walter Koziol, Pat Malisheskie, Paul Baron,
and William Miller, immediate and full reinstatement to their
8 Also known as Full-Fashioned Hosiery Workers Union No. 22,085.
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
former positions without loss of seniority and without prejudice to
the rights and privileges previously enjoyed by them;
(b) Make whole each of the following employees for the loss of
pay suffered by payment to each, of the sum set opposite his name, as
follows :
William Miller------------------------------------------ $200.00
Carl Maurer------------------------- -- -- 125.00
Lewis Maurer------------------------------------------- 125.00
George Davis -------------- - - -- - ----------------- 50.00
(c) Post immediately in conspicuous, places throughout its plant
at Shamokin, Pennsylvania, and maintain for a.period of sixty (60)
consecutive days notices to its employees stating : (1) that the re-
spondent, Walnut Hosiery Mills, Inc., will not engage in the conduct
from Which it is ordered to cease and desist in paragraphs 1 (a), (b),
and, (c). of this Order; (2) that the respondent, Walnut Hosiery
Mills, Inc., will take the affirmative action set forth in paragraphs
2, (a) and (b) of this Order; and (3) that employees of the respond-
ent, Walnut Hosiery Mills, Inc., are free to become or remain mem-
bers of American Federation of Hosiery Workers, or of Federal
Labor Union No. 22,085, affiliated with American Federation of Labor,
and that the said respondent will not discriminate against any em-
ployees because of membership or activity in either organization;
(d) Notify the Regional Director for the Fourth Region in writing
within ten (10) days of the date of this Order, of the steps which the
respondent, Walnut Hosiery Mills, Inc., has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint be, and it hereby
is, dismissed in so far as it relates to Lark Hosiery Mills, Inc.
AND IT IS FURTHER ORDERED that the complaint be, and it'hereby is,
dismissed in so far as it alleges that the respondent, Walnut Hosiery
Mills, Inc., engaged in unfair' labor practices in refusing to reinstate
William Chapman.