National Labor Relations Board v. Seymour Woolen Mills (101 F.2d 1015, 1939)

PER CURIAM.

The National Labor Relations Board having issued an order against Seymour Woolen Mills pursuant to a stipulation of the parties dated June 11, 1938, and the parties having consented to the entry of a decree of this Court enforcing said order of the Board, and the Board having petitioned this Court for the enforcement of its said order; upon consideration of the petition of the Board for enforcement of said order and the stipulation of the parties, it is hereby ordered, adjudged, and decreed that Seymour Woolen Mills, 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 representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining of other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act, 29 U.S.C.A. § 157;

(b) Dominating or interfering with the formation or administration of the Textile Employees Benefit Association of Seymour, Indiana (for the employees of the Seymour Woolen Mills), or any other labor organization, and shall cease and desist contributing financial or other support to said Textile Employees Benefit Association of Seymour, Indiana (for the employees of the Seymour Woolen Mills), or any other labor organization.

(c) In any manner recognizing the said Textile Employees Benefit Association of Seymour, Indiana (for. the employees of the Seymour Woolen Mills), as the bargaining agency of its employees, or from engaging in any contractual relationship with said Textile Employees Benefit Association of Seymour, Indiana (for the employees of the Seymour Woolen Mills);

(d) Discouraging membership in the Federal Labor Union No. 21367 affiliated with A. F. of L. or the Textile Wdrkers Organizing Committee, affiliated with the C. I. O. or in any other labor organization of its employees; by discharging, threatening or refusing to reinstate any of its employees for joining the Federal Labor Union No. 21367, affiliated with A. F. of L. or the Textile Workers Organizing 'Committee, affiliated with the C. I. O. or any other labor organization of its employees ;

(e) In any manner discriminating against any of its employees in regard to hire or tenure of employment or any terms or conditions of employment for joining the Federal Labor Union No. 21367, affiliated with A. F. of L. or the Textile Workers Organizing Committee, affiliated with the C. I. O. or any other labor organization of its employees.

2. Respondent, the Seymour Woolen Mills, shall take the following affirmative action to effectuate the policies of the National Labor Relations Act:

(a) Refuse recognition to and disestablish as an agency of collective bargaining the said Textile Employees Benefit Association of Seymour, Indiana (for the em- ■ ployees of the Seymour Woolen Mills); inform in -writing the officers of said Textile Employees Benefit Association, of Seymour, Indiana (for the employees of the Seymour Woolen Mills), that it will not, in any manner, deal with or recognize such organization and will refrain from any contractual relationship with said organization ;

(b) Pay the stated sum of $172.14 to William H. Williams; and, $362 to Jesse Crecelius; which stated sums approximated the loss of pay suffered by the said individuals and each of them, by reason of their discharge;

(c) Make whole Sarah Jane Steward $297.06; Dorothy Ault, $311.13; Martha Robbins, $387.36; Katherine Kysar, $257.-60; Christine Buckley, $308.87; Rose Planner, $230.21; Mattie Dean, $143.50; Harry Stradley, $124:82; Nannie Mellenkamp, $31.50; Eunice Hunt, $44.97; Farrell McAdams, $28.03; which stated amounts ap-proximate the loss of pay suffered by said individuals and each of them by reason of their lay-off and the same being in each instance a sum of money equal to that which they would normally have earned from the date of their lay-off to the date of their reinstatement, computed at their regular rate of pay;

(d) Offer to William H. Williams, and Jesse Crecelius full and immediate reinstatement to their former positions without prejudice to the rights and privileges enjoyed by them;

(e) Offer employment to Sarah Jane Steward, Rose Hanner,. Nannie Mellenkamp, Mattie Dean, Farrell McAdams, Eunice Hunt, and Harry Stradley; said individuals and each of them, to be reinstated in accordance with their respective seniority rights;

■ (f) Post and keep visible in conspicuous places about its Seymour plant in the city of Seymour, State of Indiana, for a period of thirty (30) days after receipt of a copy of the order to be entered herein by the National Labor Relations Board;

(g) Inform the Regional Director of the National Labor Relations Board for the Eleventh Region, within ten (10) days of the service of said order, of the manner in which respondent has complied therewith.

This employee’s name was erroneously spelled “Melleneamp” in the stipulation.