Woolrich Woolen Mills

National Labor Relations Board - Board Decisions

Dec 3, 1937

4 N.L.R.B. 329 (N.L.R.B. 1937)

In the Matter Of WOOLRICH WOOLEN MILLS and TEXTILE WORKERS
ORGANIZING COMMITTEE
Case No. C-253.-Decided December 3, 1937
Textile Industry-Settlement : agreement to comply with Act-Order: entered
on stipulation ; without hearing.
Mr. Samuel G. Zack, for the Board.
Mr. Henry Hipple, of Lock Haven, Pa., for the respondent.
Mr. Austin C. Derr, of Williamsport, Pa., for the T. W. 0. C.
Mr. Robert Burstein, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by the Textile Workers Organizing
Committee, herein called the T. W. 0. C., the National Labor Rela-
tions Board, herein called the Board, by Bennet F. Schauffier, Acting
Regional Director for the Fourth Region (Philadelphia, Pennsyl-
vania), issued its complaint, dated September 27, 1937, against Wool-
rich Woolen Mills, Woolrich, Pennsylvania, herein called the re-
spondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices 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.
The complaint in substance alleged, (1) that the respondent is a
Pennsylvania corporation, having its principal office in Woolrich,
Pennsylvania, and is engaged, at its plant in Woolrich, Pennsylvania,
herein called the Woolrich plant, in the manufacture, sale and dis-
tribution of woolen cloth, blankets, shirts, stockings, hunting coats
and other kindred products; (2) that the respondent in the conduct
of its business causes the raw materials used by it to be transported
in interstate commerce, and the products produced by it to be sold
and transported in interstate commerce; (3) that the respondent
terminated the employment of Martin Myers, Lloyd Verbeck, and
Harold Bickle on or about May 27, 1937, and of Albert Geise on or
about June 1, 1937, and has at all times since refused to reinstate said
329
330 NATIONAL LABOR RELATIONS BOARD
employees, for the reason that they joined and assisted the T. W.
0. C., and engaged in concerted activities with other employees in the
Woolrich plant of the respondent for the purposes of collective bar
gaining and other mutual aid and protection.'
The respondent filed an answer admitting the nature of its business
but denying that it had committed any of the unfair labor practices
alleged in the complaint, and that such unfair labor practices have
any relation to interstate commerce or tend to lead to any labor dis-
putes burdening and obstructing commerce and the free flow thereof.
A hearing was scheduled for October 7, 1937, and notice thereof
was duly issued. The hearing was, however, indefinitely postponed
in view of a stipulation, entered into the same day by the respective
parties and amended thereafter, by which the respondent signified
its consent to the issuance of an order by the Board. The stipulation,
in its amended form, reads as follows :
AND Now, October 7, 1937, Counsel for the respective parties,
waiving their right to hearing, hereby stipulate as follows :
I.
(A) That the Respondent in the conduct of its business of
manufacturing of woolen cloth, blankets, shirts, stockings, hunt-
ing coats and other kindred products causes a majority of the
raw materials used by it in the manufacture of its woolen cloth,
blankets, shirts, stockings, hunting coats and other kindred prod-
ucts to be transported in interstate commerce from and through
states of the United States other than the State of Pennsylvania
to its Woolrich plant, in the Commonwealth of Pennsylvania,
and causes and has, for a long period of time, continuously
caused a majority of the woolen cloth, blankets, shirts, stockings,
hunting coats and other kindred products produced by it to be
sold and transported in interstate commerce from its Woolrich
plant in the Commonwealth of Pennsylvania to, into and
through states of the United States other than the Common-
wealth of Pennsylvania.
(B) That the Respondent in the conduct of its business, as
aforesaid, employs approximately two hundred seventy-five
(275) people.
1 Apparently through inadvertence, the' name of James G Warner, appearing in the
charge as one of the employees whose employment was ' wrongfully terminated by the
respondent , was omitted in the complaint . However, the stipulation entered into by and
between the respective parties takes cognizance of the case of James G . Warner by pro-
viding that the Board may order the respondent to offer to said James G. Warner rein-
statement to his former position The stipulation , therefore , will be regarded as a
waiver of any necessity to amend the complaint in this respect.
DECISIONS AND ORDERS
II.
331
That the National Labor Relations Board may enter a cease
and desist order in this case to the following effect :
The Respondent shall : -
1. Cease and desist 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 organi-
zations, to bargain collectively through representatives of their
own choosing and to engage in concerted activities for the pur-
poses of collective bargaining or other mutual aid or protection,
as guaranteed under Section 7 of this Act;
2. That they will inform all of their officials and agents,
including superintendents, foremen and other supervisory em-
ployees, that they shall not in any manner approach employees
concerning, or discuss with the employees the question of their
labor affiliation, or threaten employees in any manner because
of their membership in any labor organization in general, or
the Textile Workers Organization in particular ;
3. That they shall offer to Lloyd Verbeck and James G. Warner
immediate, full and unconditional reinstatement to their former
positions without prejudice to any rights and privileges pre-
viously enjoyed by them; it being agreed that Martin Myers,
Harold Bickle and Albert Geise have substantially equivalent
employment and do not desire to return to the employ of
Respondent.
III.
It is further stipulated that the Respondent will notify the
National Labor Relations Board on or before October 11, 1937,
that it has complied with the foregoing stipulations.
ORDER
On the basis of the above stipulation , and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that the respondent, Woolrich Woolen
Mills, and its officers, agents , successors , and assigns shall:
1. Cease and desist from in any manner interfering with, restrain-
ing 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 own choosing and to
engage in concerted activities for the purposes of collective bargain-
ing or other mutual aid or protection , as guaranteed under Section 7
of the Act.
332 NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action which the Board finds
necessary to effectuate the policies and purposes of the National Labor
Relations Act:
a. Inform all its officials and agents, including superintendents,
foremen, and other supervisory employees, that they shall not in
any manner approach employees concerning, or discuss with the em-
ployees, the question of their labor affiliation, or threaten employees
in any manner because of their membership in any labor organiza-
tion in general, or the Textile Workers Organizing Committee in
particular;
b. Offer to Lloyd Verbeck and James G. Warner immediate, full,
and unconditional reinstatement to their former positions without
prejudice to any rights and privileges previously enjoyed by them.