Gudebrod Bros. Silk Co., Inc.

National Labor Relations Board - Board Decisions

Nov 25, 1938

9 N.L.R.B. 1195 (N.L.R.B. 1938)

In the Matter of GUDEBROD BROS. SILK COMPANY, INC. and TEXTILE
WORKERS' ORGANIZING COMMITTEE
Case No. 0-1016.-Decided November 25, 1938
Thread Manufacturing Industry-Settlement : stipulation providing for with-
drawal of recognition of company -dominated union-Order: entered on stipu-
lation.
Mr. Jerome I. Macht, for the Board.
Barnes, Biddle c6 Myers, by Mr. Philip Price, of Philadelphia, Pa.,
for the respondent.
Mr. Paul H. Ammarell, of Reading, Pa., 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 Fourth Region (Philadelphia, Pennsylvania), issued
its complaint, dated October 24, 1938, against Gudebrod Bros. Silk
Company, Inc., Stowe, Pennsylvania, 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) and (2) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. The com-
plaint and notice of hearing thereon were duly served on the re-
spondent and the T. W. O. C. The respondent did not file an answer
to the complaint.
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 known as Local No. 1, Independent Thread Workers
Union, of Pottstown, Pennsylvania, herein called the Independent,
and that the respondent contributed financial and other support
to the Independent; and that the respondent, by the aforesaid ac-
9 N. L. R . B., No. 108.
1195
1196 NATIONAL LABOR RELATIONS BOARD
tivity, interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
On October 25, 1938, the respondent, the T. W. O. C., and counsel
for the Board entered into a stipulation in settlement of the case.
On October 31,.1938, the Board issued its order designating George
0. Pratt as the Trial Examiner in the case. On the same date, the
stipulation, the charge, the amended charge, the complaint and notice
of hearing 'thereon, and National Labor Relations Board Rules
and Regulations-Series 1, as amended, were filed with George O.
Pratt pursuant to the terms of the stipulation and thereby became
part of the record in the case. Also on the same date, the Trial
Examiner issued his order, marking these formal papers as Board
Exhibit No. 1, and also marking as exhibits letters and telegrams
from the parties to the above-mentioned stipulation consenting to
the making of a technical correction in the wording of the stipulation.
The above-mentioned stipulation in settlement of the case provides
as follows :
It is hereby stipulated by and between Gudebrod Bros. Silk
Company; Inc., respondent herein; Textile Workers' Organizing
Committee, a party herein; and Jerome I. Macht, attorney for
the National Labor Relations Board, that :
I. Upon charges duly filed by the Textile Workers' Organiz-
ing Committee, the National Labor Relations Board, by the
Regional Director for the Fourth Region, acting pursuant to
authority granted in Section 10 (b) of the National Labor Re-
lations Act (49 Stat. 449) and its Rules and Regulations, Series
1, as amended, Article IV, Section 1, issued its complaint on
the 24th day of October, 1938, against the Gudebrod Bros. Silk
Company, Inc., respondent herein.
II. Respondent, Gudebrod Bros. Silk Company, Inc., is and has
been since in or about December 1925, a corporation organized
and existing by virtue of the laws of the State of Pennsylvania,
having its principal office in the City of Philadelphia, State of
Pennsylvania, and a plant in the City of Stowe, State of Pennsyl-
vania, and is now and has continuously been engaged at its plant
in the City of Stowe, State of Pennsylvania, (hereinafter called
the Stowe plant) in the manufacture, sale and distribution of silk
and cotton thread.
III. The respondent, Gudebrod Bros. Silk Company, Inc.,
in the course and conduct of its business at its Stowe
plant uses, among other things, the following materials,
supplies, or commodities : raw silk and cotton yarn; and acquires
100 percent of these materials in states of the United States other
than the State of Pennsylvania, and from foreign countries, and
in the course and conduct of its business causes and has continu-
DECISIONS AND ORDERS 1197
ously caused 100 percent of its raw materials to be transported
in interstate commerce from and through states of the United
States other than the State of Pennsylvania, and from and
through foreign countries, to its Stowe plant, in the State of
Pennsylvania, and there these raw materials are manufactured
by the respondent into the products enumerated in paragraph
II above.
IV. The respondent, Gudebrod Bros. Silk Company, Inc., manu-
factures the products set forth above in paragraph II at the
Stowe plant and causes and has continuously caused approxi-
mately 71 percent of these products produced by it to be sold and
transported in interstate commerce from its Stowe plant to, into
and through states of the United States other than the State of
Pennsylvania. The total amount of products manufactured, sold
and distributed by the respondent at its Stowe plant for the
fiscal year 1937 was $636,190, or in tonnage, 173,516 pounds.
V. Respondent, Gudebrod Bros. Silk Company, Inc., is en-
gaged in interstate commerce within the meaning of the Na-
tional Labor Relations Act, and the decisions of the United States
Supreme Court therein.
VI. The respondent, Gudebrod Bros. Silk Company, Inc., in
the course and conduct of its business at its Stowe plant, as above
set forth, employs approximately 160 employees. The payroll
for the last fiscal year amounted to $151,821.
VII. This stipulation, together with the charge, amended
charge, complaint, notice of hearing, and Rules and Regulations
of the National Labor Relations Board may be introduced as
evidence by filing them with the Trial Examiner of the National
Labor Relations Board designated by said Board to conduct a
hearing herein.
VIII. The taking of further testimony or evidence before the
Examiner in this matter and the making of findings of facts and
conclusions by the Board pursuant to the provisions of the Na-
tional Labor Relations Act, are hereby expressly waived by the
respondent herein.
IX. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the record an order may forthwith
be entered by said Board and by the appropriate United States
Circuit Court of Appeals, without further notice of the applica-
tion for enforcement thereof, providing as follows :
The respondent, Gudebrod Bros. Silk Company, 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-
1198 NATIONAL LABOR RELATIONS BOARD
organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act;
(b) from discouraging membership in Textile Workers' Or-
ganizing Committee, affiliated with the Committee for Indus-
trial Organization, or any other labor organization of its
employees, or encouraging membership in Local No. 1, Independ-
ent Thread Workers Union, or any other labor organization of
its employees; by discriminating against employees in regard
to hire or tenure of employment or any condition of employment
or in any other manner;
(c) from in any manner dominating or interfering with the
administration of Local No. 1, Independent Thread Workers
Union, with the formation or administration of any other labor
organization of its employees, or from contributing aid or sup-
port to said organization; from recognizing or dealing in any
manner with Local No. 1, Independent Thread Workers Union,
or any successor thereto, or any group that purports to represent
said organization; or from forming or maintaining any groups
or designating any individuals to act as the representatives of
the employees for the purposes of collective bargaining respecting
any of the terms or conditions of employment;
(d) from giving effect to its contract with Local No. 1, Inde-
pendent Thread Workers Union ;
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) withdraw all recognition from Local No. 1, Independent
Thread Workers Union as the representative of its employees,
or any of them, for the purpose of dealing with respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment, or other conditions of employment; and so disestab-
lish said Local No. 1, Independent Thread Workers Union as
the representative of its employees;
(b) inform each and every one of its employees that the con-
tract entered into on or about June 2, 1938, and all other agree-
ments with Local No. 1, independent Thread Workers Union are
null and void, and that the respondent will discontinue said agree-
ments and will desist in any manner from giving effect to said
agreements;
(c) inform in writing the officers of Local No. 1, Independent
Thread Workers Union that respondent will not in any manner
deal with or recognize Local No. 1, Independent Thread Workers
Union ;
DECISIONS AND ORDERS 1199
(d) inform all of its officials and agents, including the vice
president and plant manager, foremen, foreladies and other super-
visory employees that they shall not threaten employees in any
manner because of their membership in any labor organization
in general, or the Textile Workers' Organizing Committee in
particular;
(e) post and keep visible in a prominent place in each depart-
ment of respondent's Stowe plant for a period of thirty (30)
days after receipt, copies of the order entered by the National
Labor Relations Board, and notices stating that the respondent
will cease and desist in the manner aforesaid, and respondent will
take the affirmative action as aforesaid;
(f) notify the Regional Director for the Fourth Region, in
writing, of compliance with the foregoing order within thirty
(30) days from the date of its entry by the Board.
X. It is understood that the rates of pay and hours of work
now existing in the plant of the respondent shall not now be
changed by virtue of this stipulation.
XI. 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, respondents hereby expressly waiv-
ing their rights to contest the entry of such decree in the appro-
priate United States Circuit Court of Appeals, and, further, ex-
pressly waiving their rights to receive notice of the filing by the
National Labor Relations Board of an application for the entry
of such a decree.
XII. It is further stipulated and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
On November 3, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring pro-
ceedings to the Board for the purpose of entry of a decision and
order by the Board pursuant to the provisions of the stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF,THE RESPONDENT
The respondent , a Pennsylvania corporation , is engaged in the
manufacture , sale, and distribution of silk and cotton thread , with its
principal office at Philadelphia , Pennsylvania , and a plant at Stowe,
Pennsylvania . All of the respondent 's raw materials , consisting of
raw silk and cotton yarn , are shipped to its plant from points outside
the State of Pennsylvania . During the fiscal year 1937, the respond-
1200 NATIONAL LABOR HLLA TION S, BOARD
ent manufactured, sold, and distributed finished products amount-
ing in value to $636,190, of which about 71 per cent were shipped to
points outside the State of Pennsylvania.
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 here-
by orders that the respondent , Gudebrod Bros. Silk Company, Inc.,
Stowe, Pennsylvania , and its 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 rep-
resentatives of their own choosing , and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
protection , as guaranteed in Section 7 of the National Labor Relations
Act;
(b) Discouraging membership in Textile Workers' Organizing Com-
mittee, affiliated with the Committee for Industrial Organization, or
any other labor organization of its employees , or encouraging mem-
bership in Local No. 1, Independent Thread Workers Union, or any
other labor organization of its employees ; by discriminating against
employees in regard to hire or tenure of employment or any condition
of employment or in any other manner ;
(c) In any manner dominating or interfering with the administra-
tion of Local No . 1, Independent Thread Workers Union , with the
formation or administration of any other labor organization of its
employees, or from contributing aid or support to the said organiza-
tion ; from recognizing or dealing in any manner with Local No. 1,
Independent Thread Workers Union, or any successor thereto, or
any group that purports to represent said organization; or from
forming or maintaining any groups or designating any individuals to
act as the representatives of the employees for the purposes of col-
lective bargaining respecting any of the terms or conditions of
employment;
(d) Giving effect to its contract with Local No. 1, Independent
Thread Workers Union.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition from Local No. 1, Independent Thread
Workers Union as the representative of its employees , or any of
DECISIONS AND ORDERS 1201
them, for the purpose of dealing with respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment, or
other conditions of employment; and so disestablish said Local No. 1,
Independent Thread Workers Union, as the representative of its
employees;
(b) Inform each and every one of its employees that the contract
entered into on or about June 2, 1938, and all other agreements with
Local No. 1, Independent Thread Workers Union, are null and void,
and that the respondent will discontinue said agreements and will
desist in any manner from giving effect to said agreements;
(c) Inform in writnig the officers of Local No. 1, Independent
Thread Workers Union, that the respondent will not in any manner
deal with or recognize Local No. 1, Independent Thread Workers
Union ;
(d) Inform all of its officials and agents, including the vice presi-
dent and plant manager, foremen, foreladies and other' supervisory
employees that they shall not threaten employees in any manner be-
cause of their membership in any labor organization in general, or
the Textile Workers' Organizing Committee in particular;
(e) Post and keep visible in a prominent place in each department
of the respondent's Stowe plant for a period of thirty (30) days after
receipt, copies of this order, and notices stating that the respondent
will cease and desist in the manner aforesaid, and that the respondent
will take the affirmative action as aforesaid;
(f) Notify the Regional Director for the Fourth Region, in writing,
of compliance with the foregoing order within thirty (30) days from
the date of its entry by the Board.