Best Coat & Apron Mfg. Co., Inc.

In the Matter of BEST COAT & APRON MFG. Co., INC. and AMAL- GADI ATED CLOTHING WORKERS OF AMERICA, LOCAL 169 Case No. C-2106.-Decided March 5, 1.942 Jurisdiction : garment manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Marcel Mallet-Prevost, for the Board. Zimmerman ce Zimmerman, by Mr. Bernard K. Zimamerrnan, of New York City, for the respondent. ullr. David M. Schlossberg, of New York City, for the Union. Miss Marcia Hertomark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Amalgamated Clothing Workers of America, Local 169, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (Ne%v York City) issued its complaint dated January 28, 1942, against Best Coat & Apron Mfg. Co,. Inc., New York City, 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 (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance that (1) from on or about February 1, 1939, to March 15, 1941, the respondent discriminated in regard to the terms or condi- tions of employment of Abraham Ehrlickman by providing him with less employment, by demoting him to an inferior position, by de- creasing his rate of pay, and by assigning him to more arduous or less agreeable work, and on or about March 15, 1941, discharged 39 N. L. R B., No. 78. 432 BEST COAT & APRON MFG. CO., IATC. 433 Ehrlickman and has since refused to reinstate him, because he joined or assisted the Union or engaged in other concerted activities for the purposes of collective bargaining or other mutual aid or protec- tion; and (2) that from on or about March 18, 1938, the respondent vilified, disparaged, and expressed its disapproval of the Union, inter- rogated its employees concerning their union affiliation and urged, persuaded, threatened, and warned its employees to refrain from assisting, becoming members of, or remaining members of the Union, The respondent thereafter filed its answer denying the commission of the unfair labor practices alleged in the complaint. Pursuant to notice, a hearing was begun on February 9, 1942, at New York City, before William F. Gnfey, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The respondent, the Union, and the Board were represented by counsel and participated in the hearing. - On February 13, 1942, during the course of. the hearing, the re- spondent, the Union, and counsel for the Board entered into a stipula- tion in settlement of the Case. This stipulation provides as follows : It is hereby stipulated and agreed by and among Best Coat & Apron Mfg. Co. Inc., herein called "Respondent", by Bernard K. Zimmerman, its attorney, and Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., herein called the "Union," by David M. Schlossberg, its attorney, and Marcel Mallet-Pre- vost, attorney, National Labor Relations Board, Second Region, as follows : 1. Upon the amended charge duly filed November 12,_1941 by the Union by David M. Schlossberg, its attorney, the National Labor Relations Board, herein called the "Board", by Elinore-M. Herrick, Regional Director for the Second Region, acting pur- suant to the authority granted in Section 10 (b) of the National Labor Relations Act, herein called the "Act", and acting pursuant to its rules and regulations, Series 2, Article 4, Section 1, issued its complaint and notice of hearing on January 28, 1942 against Respondent. 2. Copies of the amended charge, complaint and notice of hearing thereon and National Labor Relations Board Rules and Regulations, Series 2, as amended, were duly served on Respond- ent and on the Union on January 29, 1942, said hearing being scheduled for February 9, 1942 at 120 Wall Street, New York, New York. On February 3, 1942 Respondent filed its answer to the Board's complaint. 3. Best Coat & Apron Mfg. Co. Inc., is a New York corpora- tion with its principal office and place of business in New York City. It is engaged in the manufacture of cotton washable gar- DECISIONS OF NATIONAL LABOR RELATIONS BOARD ments chiefly for the linen supply service ` trades and the United States Government . The principal raw materials used by the Company in the manufacture of its products are white duck sheeting goods, twills and khakis, approximately all'of which aie shipped to the Company's plant from points outside the State of New York. Approximately 60 percent of the finished prod- nets ianufactured by the Company are shipped to points out- side the State of New York. The approximate annual cost of raw materials purchased by the Company is $500,000, and the approximate annual value of products manufactured by the Company is $800,000. 4. The Company is engaged in commerce within the meaning of Section 2 of the Act. 5. The respondent is and was at all times mentioned in the above referred to complaint, and at all times herein mentioned, an employer within the meaning of Section 2, subdivision (2) of the Act. 6. Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., is a labor organization within the meaning of Section 2, subdivision (5) of the Act. 7. Respondent expressly waives the right to a hearing, to the taking of testimony or other evidence before a Trial Examiner in this matter, and to the making of findings of facts and con- clusions of law by the Board, pursuant to the provisions of the Act. 8. This stipulation, together with the above mentioned amended charge, complaint, notice of hearing, answer and copy of the Board 's Rules and Regulations , Series 2, as amended, together with the affidavits of service of the various papers liereinbefore mentioned in this paragraph, may be filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C., and when so filed shall constitute the record in the case. 9. This entire stipulation is subject to the approval of the Board and an Order of the Board approving this stipulation, if issued, shall become part of the record in' the above entitled matter. If this stipulation shall not be approved by the Board, the stipulation and all of its parts shall be null and void and it shall not at any time be used against Respondent in any manner. 10. It is further stipulated and agreed that upon the aforesaid amended charge , complaint, notice of hearing, answer and a copy of the Board - Rules and Regulations, Series 2, as amended, to- gether with the affidavits of service of the various papers men- BEST COAT & APRON MFG. co., INC. 435 tioned in this paragraph , and upon this stipulation, if approved by the Board, an Order substantially in the form set forth here- inafter may forthwith be made by the said Board, and upon application by the Board without further notice to the Respond- cut, the United States Circuit Court of Appeals for the Second Circuit, or any other appropriate court, as provided for in Sec- tion 10 (e) of the Act, may enter a decree enforcing substan- tially said Order of the Board, and that the Respondent expressly waives its right to contest the entry of such decree; although Respondent does not admit any violation of the Act; the Order referred to above shall provide that Respondent 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 right to self-organization, to form, join or assist the Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., or any other labor organization, to bargain 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 under Section 7 of the National Labor Relations Act; (b) Discouraging membership in the Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., or any other labor organization , by discrimination in regard to hire or tenure of employment or conditions of employment. (2) Take the following, affirmative action to effectuate the policies of the Act : (a) Offer to Abraham Ehrlickman immediate and full rein- statement to the position he held at the time of his discharge without prejudice to his rights of seniority and other privileges; (b) Make whole Abraham Ehrlickman for any losses of pay he may have suffered as the result of his discharge by the pay- ment to Abraham Ehrlickman of the sum of Four Hundred Dollars ($400.00). (c) Post immediately in conspicuous places on each floor of the New York plant of the Company and maintain for a period of at least (60) sixty consecutive days notices to its employees stating : That the Company will not engage in the conduct from which it is ordered to refrain from in Paragraph 1 (a) and (b) of this order, and will take the affirmative action hereinabove set forth in Paragraph 2 (a), (b) and (c)-of this order. (d) File with the Regional Director for the Second Region, within ten (10 ) days after service of this Order by the Board upon the Respondent, it report. setting forth in detail the manner 436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and form in which the Respondent has complied with the terms of this Order. 11. The entire agreement among the parties is contained within the terms of this stipulation and there is no verbal agreement which varies , alters, or adds to this stipulation. On February 19, 1942, the Board issued its order approving the above stipulation , making it part of the record in the case , and trans- ferring the proceeding 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 above- stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Best Coat & Apron Mfg. Co., Inc., a New York corporation with its principal office and place of business in New York City, is engaged in the manufacture of cotton washable garments . The principal raw materials used by the respondent are white duck sheeting goods, twills and khakis, approximately all of which are shipped to the respondent's plant from points outside the State of New York. Ap- proximately 60 percent of the finished products manufactured by the respondent are shipped to points outside the State of New York. The approximate cost of raw materials purchased by the respondent annually is $500,000 , and the approximate value of products manu- factured by the respondent annually is $800,000. The respondent admits that it is engaged in commerce within the meaning of the Act. 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 'hereby orders that Best Coat & Apron Mfg. Co., Inc., New York City, 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 right to self-organization , to form, join or assist, the Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., or any other labor organization , to bargain col- BEST COAT & APRON MFG. CO., INC. 437 lectively through representatives of their own choosing, and to en- gage in concerted activities for the purpose of collective bargaining or'other mutual aid or protection as guaranteed under Section 7 of the National Labor Relations Act; (b) Discouraging membership in the Amalgamated Clothing Workers of America, Local 169, C. I. 0., or any other labor organiza- tion, by discrimination in regard to hire or tenure of employment or conditions of employment. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Offer to Abraham Ehrlickman immediate and full reinstate- ment to the position he held at the time of his discharge without prejudice to his rights of seniority and other privileges; (b) Make whole Abraham Ehrlickman for any losses of pay he may have suffered as the result of his discharge by the payment to Abraham Ehrlickman of the sum of Four Hundred Dollars ($400.00) ; (c) Post immediately in conspicuous places on each floor of the New York plant of the Company, and maintain for a peri od of at least sixty (60) consecutive days, notices to its employees stating: That the Company will not engage in the conduct from which it is ordered to refrain from in Paragraph 1 (a) and (b) of this order, and will take the affirmative action hereinabove set forth in Para- graph 2 (a), (b) and (c) of this order; (d) File with the Regional Director for the Second Region, within ten (10) days after service of this Order by the Board upon the Re- spondent, a report setting forth in detail the manner and form in which the respondent has complied with the terms of this Order.