Somersville Mf'g Co.

National Labor Relations Board - Board Decisions

Jun 30, 1942

41 N.L.R.B. 1524 (N.L.R.B. 1942)

In the Matter Of SOMERSVILLE MF'G Co. and LOCAL 57, TEXTILE
WORKERS UNION OF AMERICA , (C. I. 0. )
Case No. C-9226.-Decided June 30) 1942
Jurisdiction : textile manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. William S. Gordon, for the Board.
Hughes and Burns, by Mr. Stanley M. Burns, of Dover, N. H., for
the respondent.
Mr. Joseph Leeds, of Hartford, Conn., for the Union.
Mr. Franklin Follansbee and Mr. Phillip Chaput, of Somersville,
Conn., for the Independent.
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 57, Textile
Workers of America, C. I. 0., herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the First Region (Boston, Massachusetts), issued its com-
plaint, dated January 20, 1942, against Somersville Mf'g Co., 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), (2), (3), and (.5) and Section 2 (6) and
(7) of the National Labor Relations Act, 49'Stat. 449, herein called the
Act. Copies of the complaint were duly served upon the Union, the
respondent, and Independent Association of the Somersville Manu-
facturing Company Employees, herein called the Independent.
Concerning the unfair labor practices, the complaint alleged in sub-
stance that the respondent; (1) on or about October 18, 1939, and
thereafter, failed and refused to bargain with the Union as the exclu-
sive representative of all its employees in a specified appropriate unit;
(2) on or about November 9, 1939, while a strike called because of
respondent's refusal to bargain was in progress, announced to the
41 N. L. R. B., No. 256.
1524
SOMERSVILLE MF'G. CO. 1525
Union its decision to eliminate its mule spinning operations and began
dismantling and removing the machinery and equipment for such
operations and thereafter refused to resume such operations, or to re-
instate the employees previously engaged in said operations because
said employees engaged in union activities and 1because a large number
of the officers and leaders of the Union were included among the mule
spinners; (3) at all times subsequent.to the termination of the strike on
December 4, 1939, has refused to bargain collectively with the Union;
(4) refused to reinstate certain employees for varying periods of
time because of their union membership and activities; (5) discrim-
inated against certain employees because of their union membership
and activities by reinstating. them and maintaining them in the status
of "spare hands" so that they would receive only such work as was
available after the employees who returned to work prior to or at the'
termination of the strike received full or approximately full-time
employment, by reinstating certain employees to positions offering less
opportunity for earnings than was enjoyed by said employees prior to
the strike, by reinstating certain employees to positions with less agree-
able work and less desirable work shifts than enjoyed by said employ-
ees prior to the strike, by subjecting certain employees to frequent
lay-offs while employees with less seniority were retained and because
of conduct for which other employees were not laid off; (6) evicted
and threatened to evict certain employees from living quarters owned
by the respondent because of their union membership and activities
and because of ther participation in the strike; (7) circulated a peti-
tion among its employees for the purpose of causing the employees
to renounce their membership in the Union; (8) on and after Feb-
ruary 24, 1941, initiated the organization of the Independent and dom-
inated and interfered with its formation and administration and con-
tributed financial and other support thereto; (9) urged, persuaded,
and warned its employees to join the Independent and threatened to
lay them off or discharge them if they refused; (10) on or about March
14, 1941, caused or permitted agents of the Independent to circulate a
petition during working hours ; (11) during the months of March and
April, 1941, and at other times, paid its employees for the time spent
in activities in behalf of the Independent and permitted such em-
ployees to carry on said activities during their regular working hours;
(12) on and after December 4, 1941, discriminated in favor of em-
ployees who were agents of the Independent by giving them preference
in allotment of the available work and by giving them greater oppor-
tunities for earnings than the other employees; (13) by the foregoing
acts and by making coercive and intimidatory statements evincing
hostility to the Union, its officers, and leaders, by addressing employees
in abusive language because of their participation in the strike and
their membership and activity in behalf of the Union, by threatening
1526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its striking employees with permanent loss of employment unless they
returned to work, interfered with, restrained, and coerced' its em-
ployees in the exercise of the rights guaranteed in Section 7 of the Act.
On June 10, 1942, prior to the date scheduled for the hearing of the
case, the respondent, the Union, the Independent, and counsel for the
Board entered into a stipulation in settlement of the case. The stip-
ulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between SO_1IERSVILLE
MF'G Co., hereinafter called the Respondent, by its president; Local 57,
TEXTILE WORKERS UNION OF AMERICA (C. I. 0.), hereinafter called the
Union, by its representative ; INDEPENDENT ASSOCIATION OF THE SOMERS-
VILLE MANUFACTURING COMPANY EMPLOYEES, hereinafter called the
Independent, by its bargaining committee; and WILLIAM S. GORDON,
Attorney for the National Labor Relations Board, First Region, as
follows :
I
1. Upon second amended charges duly filed by the Union
through Joseph Leeds, its representative, and its duly accredited
agent for this purpose, the National Labor Relations Board, by A.
Howard Myers, its Regional Director for the First Region, acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, approved July 5, 1935, and acting pursuant
to its Rules and Regulations-Series 2, as amended, Article IV,
Section 1, issued its Complaint and Notice of Hearing on the 20th
day of January, 1942, against Somersville Mf'g Co., Respondent
herein.
2. Said Complaint alleged that the Respondent had engaged in
and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8, subdivisions (1), (2), (3) and
(5), and Section 2, subdivisions (6) and (7) of the National La-
bor Relations Act.
3. Said Complaint, together with the Notice of Hearing and a
copy of the Second Amended Charge upon which said Complaint
was based, was duly served upon the Respondent, the Union, and
the Independent on January 21, 1942. On February 7, 1942, the
Respondent filed its answer, in substance denying the allegations
of the Complaint.
4. By said Notice of Hearing, a hearing on the allegations set
forth in said Complaint was scheduled to be held in Thompsonville,
Connecticut, before a trial examiner duly designated by the Chief
Trial Examiner of the National Labor Relations Board, on Feb-
ruary 9, 1942, thus allowing more than ten days between the serv-
ice of said Complaint and the date of hearing. Said hearing com-
menced in Tliompsonville, Connecticut, on February 9, 1942; the
SOMERSVILLE MF'G CO. 1527
Independent and the Board were represented by counsel; the
Union was represented by its representative; the Respondent did
not appear and was not represented. On February 9, 1942, the
trial examiner ordered said hearing continued until February 24,
1942; on February 18, 1942, said trial examiner, by telegraph, or-
dered said hearing continued until March 2, 1942; on February 26,
1942, said-trial examiner ordered said hearing continued subject to
five days' telegraphic notice.
5. (a) The Respondent, Somersville Mf'g Co., is, and has been
since July 3, 1883, a corporation organized under and existing by
virtue of the laws of the State of Connecticut, and is now and has
continuously been engaged at a place of business in the village of
Somersville; Town of Somers, County of Tolland,. in the State of
Connecticut, hereinafter called the Somersville Mill, in the manu-
facture, sale and distribution of woolen goods and other textile
products.
(b) The principal raw and other materials used by the Respond-
ent at the Somersville Mill in the manufacture of its woolen goods
and other textile products are wool, camel hair, yarns, dyes and
chemicals. The total annual volume, by weight, of said raw and
other materials is in excess of 1,000,000 pounds. The total annual
value of said raw and other materials is in excess of $700,000. In
excess of 90 percent of said raw and other materials has originated,
and does originate outside the State of Connecticut and has
been, and is shipped from states of the United States other than
the State of Connecticut by rail and truck to the Somersville Mill
in the State of Connecticut.
(c) The total annual volume of the woolen goods and other
textile products manufactured by the Respondent at the Somers-
ville Mill is in excess of 700,000 yards. The total annual-value of
said woolen goods and other textile products is in excess of $1,000,-
-000. In excess of 95 percent of said woolen goods and other textile
products manufactured at the Somersville Mill has been, and is,
shipped by the Respondent by rail and truck from the Somersville
Mill in the State of Connecticut to, into and through states of the
United States other than the State of Connecticut.
6. The Respondent admits, for the purpose of this case only,
that it is engaged in ipterstate commerce within the meaning of
the National Labor Relations Act and in a business affecting inter-
state commerce within the meaning of the said Act and is subject
to the jurisdiction of the National Labor Relations Board.
7. The Union is a labor organization within the meaning of
Section 2, subdivision (5) of the National Labor Relations Act.
8. The Independent is a labor organization within the meaning
of Section 2, subdivision (5) of the National Labor Relations Act.
1528 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9. All production and maintenance employees of the Respond-
ent employed at the Somersville Mill, exclusive of executives,
overseers, foremen, second hands, clerical employees, agricultural
employees and truck drivers, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9, subdivision (b) of the National Labor Relations Act.
10. In or about May, 1937, a majority of the employees of the
Respondent in the unit described in Paragraph 9 above, had desig-
nated the Union as their representative for the purposes of col-
lective bargaining with the Respondent. In or about May, 1937,
the Union was, and at all times thereafter has been, the represent-
ative for collective bargaining of the majority of the employees in
said unit and, by virtue of Section 9, subdivision (a), of the Na-
tional Labor Relations Act, was, has been and is now the exclusive
representative of all the employees in said unit for the purposes
of collective bargaining in respect to rates of.pay, wages, hours of
employment and other conditions of employment.
11. The Respondent, although it'denies that it has violated the
Act and, more particularly, any of the provisions of the Act as set
forth in the Second Amended Charge and the Complaint, never-
theless, for the purpose of disposing of this matter in an amicable
and expeditious manner, agrees that an order may be entered by
the Board as hereinafter provided.
12. The Respondent and the Independent waive their right to
a hearing or oral argument on the allegations of the Complaint,
to the taking of testimony and the submission of evidence on'said
allegations, to the making of findings of fact and conclusions of
law by the National Labor Relations Board and to any other or
further proceedings, preliminary to the issuance of an order
herein, under the National Labor Relations Act and the Rules
and Regulations of the National Labor Relations Board.
13. This Stipulation, the Second Amended Charge, the Com-
plaint, the Notice of Hearing and the Respondent's Answer, shall
constitute the entire record in the above-captioned proceedings
and, upon execution of this Stipulation, shall be filed with the
National Labor Relations Board in Washington, D. C.
The National Labor Relations Board may, upon the entire
record herein, without further notice or proceedings herein, enter
an order in the above-captioned case to the following effect :
The National Labor Relations Board hereby orders that the
Respondent, Somersville Mf'g Co., its officers, agents, successors
and assigns, shall:
SOMERSVILLE MF'G CO. 1529
1. Cease and desist from :
(a) Refusing to bargain collectively with respect to rates of
pay, hours of employment and other conditions of employment,
with Local 57, Textile Workers Union of America (C. I. 0.) as
the exclusive representative of all production and maintenance
employees of the Respondent employed at the Respondent's Som-
ersville Mill, exclusive of executives, overseers, foremen, second
hands, clerical employees, agricultural employees and truck
drivers;
(b) Refusing to incorporate into a written contract, signed by
the parties, results of negotiations between the Respondent and
Local 57, Textile Workers Union of America (C. I. 0.) ;
(c) Discouraging membership in Local 57, Textile Workers
Union of America (C. I. 0.), or any other labor Organization
of its employees, by discharging, demoting, transferring, laying
off, refusing to reinstate, depriving of regular status, depriving
of rights and privileges previously enjoyed, or evicting any of
its employees for joining or remaining members of, or assisting
Local 57, Textile Workers Union of America (C. I. 0.), or any
other labor organization of its employees, or for engaging in other
concerted activities for the purposes of collective bargaining or
other mutual aid or protection;
(d) In any other manner discriminating against any of its
employees in regard to hire and tenure of employment or terms
and conditions of employment for joining, remaining members of,
or assisting Local 57, Textile Workers Union of America
(C. I. 0.), or any other labor organization of its employees, or
for engaging in other concerted activities for the purposes of
collective bargaining or other mutual aid or protection;
(e) Giving preference in allotment of available work, or jobs,
or shifts, or type of work, or opportunities for earnings, or giving
preference in any other way, to any of its employees because of
their return to work during the existence of, and prior to the
termination of, a strike engaged in by the Respondent's employees
from October 19, 1939 to December 3, 1939, inclusive, or because
of their activities in behalf of the Independent Association of the
Somersville Manufacturing Company Employees or because of
their activities in inducing other employees of the Respondent to
repudiate their membership in Local 57, Textile Workers Union
of America (C. I. O.) ;
(f) In any manner dominating or interfering with the admin-
istration of Independent Association of the Somersville Manufac-
turing Company Employees, or with the formation or administra
tion of any other labor organization of its employees, or contrib-
uting financial or other support thereto ;
1530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(g) Recognizing Independent Association of the Somersville
Manufacturing Company Employees as the representative of any
of its employees for the purpose of dealing with the' Respondent
concerning grievances , labor disputes , rates of pay , wages, hours
of employment or other conditions of employment ;
(h) Giving effect to, or entering into, any contract or arrange-
ment with Independent Association of the Somersville Manufac-
turing Company Employees concerning wages, hours or other
conditions of employment;
(i) In any other manner interfering with, restraining or coerc-
ing its employees in the exercise of their right to self-organiza-
tion, to form , join or assist labor organizations , to bargain col-
lectively- through representatives of their own choosing, and to
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection.
2. Take the following, affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Upon request, bargain collectively with respect, to rates of
pay, hours of employment and other conditions of employment,
with Local 57, Textile Workers Union of America (C. I. 0.) as
the exclusive representative of all production and maintenance
employees of the Respondent employed at the Respondent's Som-
ersville Mill, exclusive of executives, overseers, foremen, second
hands, clerical employees, agricultural employees and truck driv-
ers, and incorporate in a written contract, signed by the parties,
any understandings reached as a result of such bargaining;
(b) Place immediately the individuals whose names are listed
in Appendix A,' attached hereto and hereby expressly made a
part of this.order, upon a preferential list and, if and when the
Respondent resumes its mule spinning operations , offer to said
individuals , in the order of their seniority,'prior to the hiring of
any other persons on such operations , immediate and full rein-
statement to their former or substantially equivalent positions
without prejudice to their seniority rights or other rights and
privileges previously enjoyed by them;
(c) Offer to the individuals whose names are listed in Ap-
pendix B , attached hereto and hereby expressly made a part of
this order, within thirty (30) clays of notice to the Respondent
of the approval by the Board of the stipulation on which this
order is based, employment in the positions designated in said
Appendix opposite their respective names, with seniority rights
equivalent to but not greater than the seniority rights of the em-
ployees who were regular employees on similar positions as of
1 All Appendices are hereinafter set forth as part of the Order.
SOMERSVILLE MF'G CO. 1531
October 18,'1939, at the prevailing wage paid by the Respondent
to other employees holding similar positions, without prejudice,
to the rights and privileges previously enjoyed by them;
(d) Offer to the individuals whose names are listed in Ap-
pendix C, attached hereto and hereby expressly made a part of
this order, immediate employment in the positions designated
in said Appendix opposite their respective names without preju-
dice to their seniority rights or other rights and privileges pre-
viously enjoyed by them;
(e) Restore to the individuals whose names are listed in Ap-
pendix D, attached hereto and hereby expressly made a part of,
this order , the regular status, seniority rights and other rights and
privileges enjoyed by them on or immediately prior to October
18, 1939;
(f) Offer to the individuals whose names are listed in Appen-
dix E, attached hereto and hereby expressly made a part ' of this
order, immediate and full reinstatement to the positions, ma-
chines and work shifts on which they were working on or imme-
diately prior to October 18, 1939;
(g) Upon application within forty ( 40) days from the ter-
mination of their services with the armed forces of the United
States, offer ,to the individuals whose names are listed in Appen-
dix F, attached hereto and hereby expressly made a part of this
order, immediately or as soon as work is available under Re-
spondent 's then prevailing method of distribution of work, full
reinstatement to.their former or substantially equivalent posi-
tions, without prejudice to their seniority rights or other rights
and privileges previously enjoyed by them; provided , however,
that they have no physical disability or handicap;
(h) -Make whole the individuals whose names are listed in Ap-
pendices A, C, D, F, and G, attached hereto and hereby expressly
made a part of this order , for any loss of pay they may have
suffered by reason of the Respondent 's discriminatory acts, by
payment to each of them respectively the sum of 'money set forth
in said Appendices opposite his name;
(i) Make whole the estates of the individuals whose name are
listed in Appendix H, attached hereto and hereby expressly made
a part of this order, for any loss of pay said individuals may
have suffered by reason of the Respondent 's -discriminatory acts
by payment to each of, said estates respectively the sum of money
set forth opposite the individual 's name;
(j) Offer to the individuals whose names are listed in Appen-
dix I , attached hereto and ' hereby 'expressly `made a part of this
order, in the order of the length of time that they formerly occu-
pied living quarters owned by the Respondent, immediately or as
1532 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
soon as any vacancies occur, reinstatement to their former or sub-
stantially equivalent living quarters, owned by the Respondent,
at the prevailing rental paid by other employees of the Respond-
ent for similar living quarters; provided, that at the time of the
respective offer to each of said individuals, he is employed by the
Respondent;
,(k) Restore the methods of allotment of available work and
type of work which were in effect on and immediately prior, to
October 18, 1939, except as same may be modified by the terms
of any contract entered into pursuant to paragraph 2 (a) above;
(1) Withhold all recognition from Independent Association of
the Somersville Manufacturing Company Employees, as the repre-
sentative of any of its employees for the purpose of dealing- with
the, Respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment or other conditions of em-
ployment;
.(m) Post immediately in conspicuous places throughout its
Somersville Mill, and maintain for at least sixty (60) consecutive
days from date of posting, notices-to its employees in''the form
set forth in Appendix J, attached hereto and hereby expressly
made a part of this order;
(n) Notify the Regional Director for the First Region in
writing within ten (10) days from the date of this order what
steps-the Respondent has taken to comply herewith; and further
notify ,the Regional Director for the First Region in writing,
when the Respondent has completed the affirmative action pro-
vided for herein, what further steps the Respondent has taken
to comply herewith.
III
The Respondent expressly consents and agrees to the entry in
the appropriate United States Circuit Court of Appeals, upon
application of the National Labor Relations Board, of a decree
enforcing in its entirety the order of the National Labor Relations
Board entered pursuant to this Stipulation; and Respondent
hereby expressly waives any right to contest the entry of said
decree or to receive further notice of the application for or entry
of said decree. -
IV
1. All stipulations and agreements herein made and the terms
and provisions thereof are made subject to the approval of the
National Labor Relations Board. It is further agreed that if
this Stipulation is not so approved, nothing in this Stipulation
shall be construed to be an admission on the part of the Respond-
ent that it has in any way whatsoever violated the National Labor
SOMERSVILLE MF'G CO. - 1533
Relations Act, and this Stipulation shall become null and void
and of no effect.
2. The offers to the individuals whose names are listed in
Appendices A, B, C, F and I as set forth in Paragraphs 2 (b),
(c), (d), (g) and (j) of the Board's order provided for in Sec-
tion II above, shall be made in writing, by registered mail, per-
sonal return receipt requested,- directed to addresses furnished
by the Union or said individuals to the Respondent; if any indi-
vidual so notified fails to advise the Respondent of his acceptance
of such offer within one week from the date of the receipt of such
offer, it shall be deemed that such offer is rejected, that the indi-
vidu'al's right to and under such offer is- waived and that the
Respondent has fulfilled its obligation with respect to such offer.
If the offer to any of said individuals is returned to the Re-
spondent by the United States Post Office as unclaimed by the
addressee, the Respondent shall forthwith notify the Union,
and if the individual fails to advise the Respondent of his ac-
ceptance of such offer within one week from such notification
to the Union, it shall be deemed that said offer is rejected, that
the individual's right to and under such offer is waived and that
the Respondent has fulfilled its obligation with respect to such
offer.
3. The Independent shall disestablish itself and go out of exist-
ence, immediately upon notification that the National Labor
Relations Board has approved this Stipulation.
4. The Respondent shall undertake compliance with the terms
of the order provided for in Section II above, immediately upon
notification that the National Labor Relations Board has ap-
proved this Stipulation.
5. The issuance by the appropriate United States Circuit Court
of Appeals of a decree pursuant to this Stipulation shall consti-
tute a full and complete determination of the above-captioned'
proceedings. If this Stipulation is approved by the National
Labor Relations Board, it shall constitute a settlement of all
charges, past, present, or future alleging unfair labor practices
by the Respondent against the union or persons named herein
occurring prior to the effective date of this Stipulation.
6.. No verbal off the record agreement of any kind has been
made which alters, detracts from, or adds to this Stipulation.
On June 17, 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.
1534 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
• On the basis of the above stipulation and upon the entire record
in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Somersville Mf'g Co. is a Connecticut corporation and is engaged
in business in the Village of Somersville, Town of Somers, County
of Tolland, 'Connecticut. It manufactures, sells, and distributes
woolen goods and other textiles. The principal materials used by the
respondent at its Som ersbille mill are wool, camel hair, yarns, dyes,
and chemicals. The total annual volume by weight of said materials
is in excess of 1,000,000 pounds; the total annual value of said mate-
rials is in excess of $700,000. More than 90 percent of said materials
is shipped from points outside the State of Connecticut to the Som-
ersville mill in the State of Connecticut. The total annual value of
textiles produced in the Somersville mill is in excess of $1,000,000, of
which more than 95 percent is shipped.to points outside the State of
Connecticut. The respondent admits that it is engaged in' commerce
and that its business affects commerce within the meaning of the Act.
We find that the above-described operations of the respondent con-
stitute' a continuous flow of trade, traffic, and commerce among the
several States.
'ORDER
Upon 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
National Labor Relations Act, the National Labor Relations Board
hereby orders that Somersville Mf'g Co., its officers, agents, succes-
sors, and assigns shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with respect to rates of pay,
hours of employment and other conditions of employment, with Local
57, Textile Workers Union of America (C. I. 0.) as the exclusive
representative of all production and maintenance employees of the
Respondent employed at the Respondent's Somersville Mill, exclusive
of executives, overseers, foremen, second hands, clerical employees,
agricultural employees and truck drivers;
(b) Refusing to incorporate into a written contract, signed by the
parties, results of negotiations between the Respondent and Local 57,
Textile Workers Union of America (C. I. 0.);
(c) Discouraging membership in Local 57, Textile Workers Union
of America (C. I. 0.), or any other labor organization of its
employees, by discharging, demoting, transferring, laying off, refus-
ing to reinstate, depriving of regular status, depriving of rights and
privileges previously enjoyed, or evicting any of its employees for,
SOMERSVILLE MFG CO. 1535
joining or remaining members of, or assisting Local - 57,• Textile
Workers Union of America (C. I. 0.), or Zany other labor organization,
of its employees, or for engaging in other concerted activites for the
purposes of collective bargaining or other mutual aid or protection;
(d) In any other manner discriminating against any of", its
employees in regard to hire and, tenure of employment or terms and
conditions of employment for joining; remaining members of, or
assisting Local 57, Textile Workers Union of America (C. I. 0.), or
any other labor organization of its employees, or for engaging in other
concerted activities for the purposes of collective bargaining or other
mutual aid or protection;
(e) Giving preference in allotment of available work, or jobs, or
shifts, or type of work, or opportunities for earnings, or giving pref-
erence in any other way, to any of its employees because of their return
to work during the 'existence of, and prior to the termination of, ar
strike engaged in by the Respondent's employees from October 19,
1939 to December 3, 1939, inclusive, or because of their activities in
behalf of the Independent Association of the Somersville Manufac-
turing Company Employees or-because of their activities in inducing
other employees of the Respondent to repudiate their membership in
Local 57, Textile Workers Union of America (C. I. 0.) ;
(f) In any manner dominating or interfering with the administra-
tion of Independent Association of the Somersville Manufacturing
Company Employees, or with the formation or administration of any
other labor organization of its employees, or contributing financial or
other support thereto ;
(g) Recognizing Independent Association of the Somersville
Manufacturing Company' Employees as the representative of any of
. 1 1
employees for the purpose of dealing with the Respondent concern-
ing grievances, labor disputes, rates of pay, wages, hours of employ-
ment or other conditions of employment;
(h) Giving effect to, or entering into, any contract or arrangement
with Independent Association of the Somersville Manufacturing
Company Employees concerning wages, hours or other conditions of
employment;
(i)' In any other 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
representatives of their owii 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 National Labor Relations Act;
(a) Upon request, bargain collectively with respect to rates of pay.
hours of employment and other conditions of employment, with Locat
1536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
57, Textile Workers Union of America (C. I. 0.) as the exclusive
representative of all production and maintenance employees of the
Respondent employed at the Respondent's Somersville Mill, exclusive
of executives, overseers, foremen, second hands, clerical employees,
agricultural employees and truck drivers, and incorporate in a written
contract, signed by the parties, any understandings reached as a result
of such, bargaining;
(b) Place immediately the individuals' whose names are listed in
Appendix A, attached hereto and hereby expressly made a part of this
order, upon a preferential list and, if and when the Respondent re-
sumes its mule spinning operations, offer to said individuals, in the
order of their seniority, prior to the hiring of any other persons on
such operations, immediate and full reinstatement to their former or
substantially equivalent positions without prejudice to their seniority
rights or other rights and privileges previously enjoyed by them;
(c) Offer to the individuals whose names are listed in Appendix B,
attached hereto and hereby expressly made a part of this order, within
thirty (30) days of notice to the Respondent of the approval by the
Board of the stipulation on which this order is based, employment
in the positions designated in said Appendix opposite their respective
names, with seniority rights equivalent to but not greater than the
seniority rights of the employees who were regular employees on simi-
lar positions as of October 18, 1939, at the prevailing wage paid by the
Respondent to other employees holding similar positions, without
prejudice to the rights and privileges previously enjoyed by them;
(d) Offer to the individuals whose names are listed in Appendix
C, attached hereto and hereby expressly made a part of this order,
immediate employment in the positions designated, in said Appendix
opposite their respective names without prejudice to their seniority
rights or other rights and privileges previously enjoyed by them;
(e) Restore to the individuals whose names are listed in Appendix
D, attached hereto and hereby expressly made a part of this order,
the regular status, seniority rights and other rights and privileges
enjoyed by them on or immediately prior to October 18, 1939;
(f) Offer to the individuals whose names are listed in Appendix
E, attached hereto and hereby expressly made a part of this order,
immediate and full reinstatement to the positions, machines and work
shifts on which they were working on or immediately prior to October
18, 1939;
(g) Upon application within forty (40) days from the termination
of their services with the armed forces of the United States, offer to
the individuals whose names are listed in Appendix F, attached hereto
and hereby expressly made a part of this order, immediately or as
soon as work is available under Respondent's then prevailing method
of distribution of work, full reinstatement to their former or substan-
SOMERSVILLE MFG CO. 1537
tially equivalent positions , without prejudice to their seniority rights
or other rights and privileges previously enjoyed by them; provided,
however, that they have no physical disability or handicap;
( h) Make whole the individuals whose names are listed in Ap-
pendices A, C, D, F, and G, attached hereto and hereby expressly made
a part of this order, for any loss of pay they may have suffered by
reason of the Respondent 's discriminatory acts, by payment to each of
them respectively the suni of money set forth in said Appendices
opposite his name;
,(i) Make whole the estates of the individuals whose names are listed
in Appendix H, attached hereto and hereby expressly made a part of
this order , for any loss of-pay said individuals may have suffered by
reason of the Respondent 's discriminatory acts by payment to each
of said estates respectively the sum of money set forth opposite the
individual 's name; '
(j) Offer to the individuals whose names are listed in Appendix I,
attached hereto and hereby expressly made a part of this order, in
the order of the length of time that they formerly occupied living
quarters owned by the Respondent , immediately or as soon as any
vacancies occur, reinstatement to their former or substantially equiva-
lent living quarters , owned by the Respondent , at the prevailing rental
paid by other employees of the Respondent for similar living quar-
ters; provided , that at the time of the respective offer to each of said
individuals, he is 'employed by the Respondent;
(k) Restore the methods of allotment of available work'and type
of work which were in effect on and immediately prior to October
18, 1939, except as same may be modified by the terms of any contract
entered into pursuant to paragraph 2 (a) above;
(1) Withhold all, recognition from Independent Association of
the Somersville Manufacturing Company Employees, as the repre-
sentative of any of its employees for the purpose of dealing with the
Respondent concerning grievances , labor disputes , wages, rates of
pay, hours of employment or other conditions of employment;
(in) Post immediately in conspicuous places throughout its Somers-
Ville Mill, and maintain for at least sixty (60) consecutive days from
date of posting , notices to its employees in the form set forth in Ap-
pendix J, attached hereto and hereby expressly made a part- of this
order; -
(n) Notify the Regional Director for the First Region in writing
within ten ( 10) days from the date of this.order what steps the Re-
spondent has taken to comply herewith ; and further notify the Re-
gional Director for, the First Region in writing, when the Respondent
has completed the affirmative action provided for herein , what further
steps the'Respondent has taken to comply herewith:
463302-42-N of 41-97
1538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
Sum to be paid Sum to be paid
John Belliveau--------------- $240 Paul Petzold----------------- $140
Raymond Underwood --------- 80 Fred Sharon_________________ 210
Herbert White--------------- 140 Fred Gangnon________________ 240
John Wawrzyniak ------------ so Henry A Goyette 220
Frank Cormier--------------- 260 Bernard Underwood ---------- 150
Albert Bourque_______________ 90 George Gangnon -------------- 160
Myron W Kope -------------- 110 John Nolan ------------------ 260
Fred Vezie------------------- 200 Tihnan Basterache ----------- 140
William Balsewicz ------------ 1.40 Walter Goyette --------------- 260
Lawrence Dzwonkus---------- 90 George Alosky---------------- 80
Frank Bourque--------------- 80 Lawrence Hogan_____________ 80
1 lenry R Cormier ------------ 120
APPENDIX B
Position
Paul Petzold------------ ^--------------- Spinning 'frames, $26.80 per week.
Henry A. Goyette_______________________ Weaver, piece work
George Alosky-------------------------- Dye house, $23.48 per week.
John Nolan ----------------------------- Card feeder, $20.08 per week.
(Above rates subject to any general rate changes.)
APPENDIX C
Position Sant to be pa d
Lawrence Dunn -------- Wearer, second shift, piece work_______________ $90
Joseph Boudreau ------- Percher, first shift, $41.60 per week ------------ 250
Ledias Rivard --------- Stripper, second shift, $32 20 per week --------- 110
Irene White ----------- Dropwire, winder, or both, $24.60 per week ----- 140
Arfhur Cormier -------- Dye house, $23 48 per week-------------------- 90
(Above rates subject to any general rate changes.)
APPENDIX D
Sum to be paid Suns to be paid
Gladys Weir----------------- $70 Julius Markauskas------------ $40,
Anthony Roski--------------- 120 John Bucynski--------------- 210
Harry Scussell --------------- 140 Camille Auffrey_______________ 190
Frank Gilbert---------------- 140 Joseph Adams________________ 110
Peter Reckley---------------- 190 Joseph Grigas________________ 110
Allyre Belliveau -------------- 140 Theophile Cormier ------------ 80
William A. LeBlanc ---------- 90 Anthony 0strowski ----------- 110
Euclide Proulx --------------- 40 Egan Wasilius---------------- 110
Simon Butler_________________ 30 Anthony Gaudet-------------- 110
George H. Cormier ----------- 70 Eva Butler____________ _____ 70
Joseph Petkis---------------- 90 .Mary Brazinski -------------- 90
Anthony J. Dzwankus --------- 100 Oli e Butler------------------ 70
1 To be reinstated only if and when approved as to physical fitness by an independent
doctor selected by the Connecticut Wo: kmen's Compensation Commission.
SOMEItSVILLE MF'G CO. 1539
Sum to be paid Sum to be paid
Simon Krazinski --------------
Rose Roski-------------------
$60
80
Catherine white_______________
Royala DesForge-------------
$80
80
Rose Petkis------------------ 100 Sylvia Bergeron-------------- 190
Mary Kareski---------------- 110 Celia Murawski--------------- 180
Eva Dzwonkus--------------- 110 Rita Gangnon---------------- 190
Neilda Bourque-------------- 220 Tifilca Burnowsk! ------------ 50
Peter Murawski-------------- 60 Josephine Rackis------------- 110
Herman Cormier-------------- 90 Celia Richards Zagorski ------ 160
James Sinkitis --------------- 230 Alice DesForge--------------- 60
Adeline Krasinski ------------ 120 Bertha Auffrey --------------- 11a
Anthony 4razinski ----------- 30
APPENDIX E
Allyre Belliveau
William A. LeBlanc
Joseph Petkis
Neilda Bourque
Egan Wasilius
APPENDIX F
Sum to be paid Sum to be paid
Anthony Grigitis------------- $50 Wallace Balsewez------------ $130
Alfred Cormier--__ ---- 70
Lawrence Hogan. (See Appendix A.)
Harold Cormier-------------- 110
APPENDIX G
Sum to be paid Sum to be paid
E Emil Gould----------------- $150 John Kuarcunas---------------- $90
Win. Johnston----------------- 30 Anthony V. Dzwonkus, Jr------ 60
Regis Paquett----------------- 30 Alfred Blouin------------------ 70
Anna Vezie-------------------- 120 Joseph Ruczinski--------------- 50
Jean Bourque Lonesky --------- 240 Carrie S'iea-------------------- 80
Stanley P. Dzwonkus---------- 130 Walter J. Balsewicz ------------ 90
Raymond Sherman------------- 70 William Smith----------------- 10
Caliste Richard---------------- 130 Sadie Gould-------------------- 70
Henry Leo Gould-------------- 160 Anthony S Cormier ------------ 130
James Underwood-------------- 170 Alphonse Bouthiette ------------ 70r
Ralph White------------------ 140 Joseph Defresne------- --------- 10
Theodore Dufresne-- -- 70 Frank Netopski---------------- 60
Henry A. Cormier ------------ 130 Albert Gavine------------------ 1TO
APPENDIX H
Sum to be paid estate*
Patrick Foley-------------------------------------------- $190
George Shea--------------------------------------------- 140,
Ira Brazee----------------------------------------------- 150;
1540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX I
Catherine White Herman Cormier
Joseph Boudreau George H. Cormier
Ralph and Irene White Anthony S. Cormier
APPENDIX J
NOTICE TO EMPLOYEES OF SOMERSVILLE MFG CO.
In accordance with an agreement entered into, the Somersville 1V1f'g
Co., denying that it has violated any provisions of the National Labor
-Relations Act but for the purpose of disposing of, this matter in an
amicable and expeditious manner, has agreed that an order may be
entered by the Labor Board and the United States Circuit Court of
Appeals. The company announces that it will obey the order.
The company will not refuse to bargain with Local 57, Textile
Workers Union of America (C. I. 0.) or refuse to put into a written
contract the results of that bargaining.
The company will not discharge, demote, transfer, lay off, or in any
other way discriminate against any, of its employees because of their
membership in Local 57, or any other labor organization.
The company will not give preference to the employees who returned
to work before the end of the strike which ended in December, 1939.
It will not give preference to the leaders of the Independent Associa-
tion of the Somersville Manufacturing Company Employees.
The company will not dominate, or support, or recognize, or enter
into any contract with the Independent Association.
The company will not in any other way interfere with the rights
of its employees to organize or bargain collectively.
The company recognizes Local 57 as the exclusive representative
of all production and maintenance employees. It has bargained with
Local 57 and has entered into a signed contract.
If and- where the company resumes mule spinning, all former mule
spinners will be offered reemployment on their old jobs in the order of
their seniority. Four mule spinners who desire work in other depart-
ments will be offered such work within 30 days of the settlement of the
Labor Board case with seniority rights equal to but not greater than
the regulars in their departments.
Six other employees have been offered their old or equal jobs with
full seniority rights.
The company is going back to the system of dividing the work that
was in effect before the strike, and the people who were regulars then
will be regulars from now on except for certain changes agreed to
SOMERSVILLE MFG. CO. 1541
between the company and the Union. All rights and privileges lost
by the employees since the strike have been restored.
The company will pay $12,500 back pay. This has been divided
among the employees listed in the Labor Board Complaint according
to their losses as determined solely by the Regional Director of the
Labor Board. The estates of the three employees who have died have
been included.
As soon as there are vacancies the company will offer reinstatement
to their homes to certain employees who formerly lived in company
houses and who desire to go`back.
Independent Association, of the Somersville Manufacturing Com-
pany-Employees has disestablished itself and is no longer in existence.
All employees are free to become or remain members of Local 57,
or any other labor organization , and the company will not discriminate
against any of them for such membership or activity.
S/ RALPH D . KEENEY , President.