Stein-Way Clothing Co.

In the Matter Of IRVING SCHARFSTEIN AND MOE SCHARFSTEIN, DOING BUSINESS AS STEIN-VVAY CLOTHING COMPANY and LOCAL 277, UNITED GARMENT WORKERS OF AMERICA, AI'FILLITED WITH THE A. F. OF L. Case No. C-.2101.Decided March 5, 194- Jurisdiction : garment manufacturing industry Settlement : stipulation providing for compliance with The Act Remedial Orders :' entered on stipulation. Mr. John C. McRee, for the Board. Mr. Moe Scharfstein, of Erwin, Tenn., for the respondent. Mr. James P. Maynes, of Richmond, Va., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CAST: Upon charges duly filed by Local 277, United Garment Workers of America, A. F. of L., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia) issued its complaint dated Jan- uary 6, 1942, against Irving Scharfstein and Moe Scharfstein, doing business as Stein-Way Clothing Company,' alleging that the respond- ents had engaged in and were 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 notice of hearing were duly served upon the respondents and the Union. Concerning the unfair labor practices, the complaint alleged in sub- stance that the respondents (1) on or about certain specified dates discharged and thereafter refused to reinstate four employees because they joined or assisted the Union; (2) on or about October 23, 1941, , The complaint was incorrectly issued also against Geo. Scharfetein and Phillip Scharfstein. Their names were stricken from the complaint at the opening of the hearing referred to below. 39 N. L R. B , No.-81 ,454 STEIN-WAY CLOTHING COMPANY 455 demoted or transferred Jessie Vines from the position of forelady or floor lady to that of machine operator, and on or about November 1, 1941, laid off Jessie Vines and refused to reinstate her until on or about November 8, 1941, and on or about October 7, 1941, laid of Stella Wil- liams and refused to reinstate her until on or about November 5, 1941, because they had joined or assisted the Union or engaged in other concerted activities for the purposes of collective' bargaining or other mutual aid or protection, and (3) by specified agents' and supervisory employees at various times, since September 1, 1941, warned employees, not to become or remain affiliated with the Union, threatened employees with discharge or other discipline if they joined or remained members of the Union, questioned employees concerning union activity, threat- ened to close the plant or move it if the employees became or remained members of the Union, and made statements to employees derogatory of the Union. Pursuant to notice, a hearing was begun on January 22, 1942, at Erwin, Tennessee, before Will Maslow, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The respondents, the Union, and the Board were represented by counsel, and participated in the hearing. On the same date the respondents, the Union, and counsel for the Board entered into a stipulation in settlement of the case.' The stipulation provides as follows : i Agreement of settlement made this 22nd 'of January 1942, by and among Irving Scharf stein and Moe Scharfstein, doing business as Stein-Way Clothing Company, hereinafter referred to as the Respondents, Local 277 United Garment Workers of America, affiliated with the A. F. of L., hereinafter referred to as the Union, and John C. McRee, attorney, National Labor Relations Board, Tenth Region.. Wi11EA4, a charge was filed by the Union on November 21, ,1941, with the Tenth Region of the National Labor Relations Board, hereinafter referred to as the Board, and a complaint and notice of hearing having been issued by the Regional Director 'for the said Tenth Region on January 6, 1942, and duly served on all par- ties and whereas a hearing was held on January 22, 1942 at Erwin, Tennessee, before Will Maslow, the trial examiner, designated by the Board, and it being the intention of the parties to amicably settle all of the issues raised by said complaint. Now, therefore, it is mutually agreed as follows : 1. Irving Scharfstein and Moe Scharf stein, Respondents herein are co-partners operating and doing business under the trade name and style of Stein-Way Clothing Company having Allegations of the complaint concerning three of the persons' alleged to have been disci iminatorily discharged and refused reinstatement were dismissed at the hearing 456 . \DECISIONS OF' NATIONAL LABOR RELATIONS BOARD their plant and principal office in the city of Erwin, Tennessee. Respondents are engaged in the manufacture, sale and distribu- tion of men's trousers. During the year of 1941 all of the Respond- ents business- was on Government orders for the U. S. Army, whereby all cloth used by Respondents was furnished and shipped to Respondents plant by the Quartermaster Depot of the U. S. Army, all of which was shipped to the plant at Erwin, Tennessee, from states other than Tennessee. The approximate value of all buttons and thread purchased by the Respondents during 1941 was about $30,000.00, all of which was shipped to the plant from states other than Tennessee. During the same year the company produced approximately 250,000 pairs of trousers for the U. S. Army which were shipped from the Respondents plant to various Depots of the Quartermaster Department, all of said Depots being located in states other than the state'of Tennessee.. For the pur- pose of this proceeding only the Respondents admit that they were engaged in inter-state commerce within the meaning of the National Labor Relations Act. II. The parties waive any and all further proceedings as pro- vided by the National, Labor Relations Act and the rules and regulations of the Board including the making of findings and fact and conclusions of law, and agree that the Board may issue an order in substantially the following form : The Respondents, Irving Scharfstein and Moe Scharfstein, doing business as Stein-Way Clothing Company, their officers, agents, successors and assigns, shall: (1) Cease and desist from: (a) Discouraging membership in Local 277, UNITED GARMENT WORKERS OF AMERICA, Affiliated with the A. F. of L. or any other labor organization of their employees, by discriminating in re- gard to their hire or tenure of employment or any term or con- dition of employment; (b) In any other manner interfering with, restraining, or coercing their employees in the exercise of their right to self- 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 purposes of col- lective bargaining or other mutual aid or protection, as guaran- teed in Section 7 of the Act. (2) Take the following affirmative action to effectuate the purposes of the Act : (a) Offer to Jessie Vines, Essie Harris Lewis, and Nell Ruth Masters immediate and full reinstatement to their former or STEIN-WAY CLOTHING COMPANY 457 substantially equivalent employment without prejudice to their seniority or other rights and privileges; (b) Post immediately in conspicuous places through their plant in Erwin, Tennessee, and maintain for a period of at least thirty (30) consecutive days from the date of posting, notices to their employees stating : (1) that the Respondents will not engage in the conduct from which they have been ordered to cease and desist in paragraphs 1 (a), (b); above and (2) that it [sic] will take the affirmative action set forth in paragraphs 2 (a) above; (c) Notify the Regional Director for the Tenth Region in writ- ing within ten (10) days from the date of this order what steps the Respondents have taken to comply herewith. III. The Respondents agree that upon application by the. Board the appropriate U. S. Circuit Court of Appeals may issue a de- cree enforcing the order of the Board and [sic] substantially the the form set forth above and they hereby waive notice of the application for such decree. IV. The Union and Respondents are entering into a consent election agreement to settle the question concerning representa- tion which is raised by the petition filed by the Union on January 22, 1942. V. It is understood and agreed that the employees reinstated under this agreement when. working under Floor Lady Pauline Lewis must follow her instructions and direction as well as in- structions of other supervisors. VI. All of the terms of this settlement are included in this agreement and has [sic] no other agreement which varies, alters or adds to this agreement. VII. It is expressly understood that this agreement is subject to the approval of the National Labor Relations Board and shall become effective within five (5) days from the receipt of a no- tice of granting of such approval by the Board. On February 9, 1942, the parties entered into a supplemental stip- ulation which provides as follows : On January 22, 1942, all parties to this proceeding entered into an agreement of settlement, subject to the approval of the National Labor Relations Board, whereby all the issues raised by the Complaint were amicably settled and adjusted. It is hereby stipulated and agreed by and among Irving Scharf stein and Moe Scharfstein, doing business as Stein-Way Clothing Com- pany; Local 277, United Garment Workers of America, affiliated with the A. F. of L.; and John C. McRee, Attorney, National Labor Relations Board, Tenth Region, that Local '277, United 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Garment Workers of America is a labor organization within the meaning of Section 2, subsection 5 of the National Labor Relations Act. The parties further stipulate and agree that this stipulation is a supplement to the agreement referred to above, and shall have the same force and effect as if it had been executed on January 22, 1942. On February 19, 1942, the Board issued its order approving the above stipulations, making them part of the record in the case, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulations. Upon the above stipulation and supplemental stipulation , and the entire record in the case the Board makes the following : FINDINGS OF F &CT I. THE BUSINESS OF THE RESPONDENTS Irving Scharfstein and Moe Scharfstein, co-partners , doing busi- ness as Stein-Way Clothing Company, with their principal office in the city of Erwin, Tennessee , are engaged in the manufacture, sale and distribution of men's trousers . During the year 1941 all of the respondents' business was on Government orders , and all cloth used by the respondents was furnished and shipped to them by the Quar- termaster Depot of the United States Army . All of such cloth was shipped to the respondents' plant from outside Tennessee . The value of all buttons and thread purchased by the respondents during that period was approximately $30,000. During the same period respondents produced approximately 250,000 pairs of trousers, all of which were shipped outside the State of Tennessee. The respondents admit that they are engaged in commerce within the meaning of the Act. We find that the above -described operations constitute a continu- ous flow of trade, traffic and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation and sup- plemental stipulation , and the entire record in the case, including the transcript of hearing, and pursuant to Section 10 (c) of the National Labor Relations Act, the 'National Labor Relations Board hereby orders that Irving- Scharfstein and Moe Sharfstein, doing business as Stein-Way Clothing Company, their officers ; agents, suc- cessors and assigns , shall: STEIN-WAY CLOTHING COMPANY 459 1. Cease and desist from : (a) Discouraging membership in Local 277, United Garment workers of America, affiliated with the A. F. of L., or any other labor organization of their employees, by discriminating in regard to their hire or tenure of employment or any term or conditions of employment; (b) In any other manner interfering with, restraining. or coercing their 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 con- certed activities for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action to effectuate the purposes of the Act: (a) Offer to Jessie Vines, Essie Harris Lewis, and Nell Ruth Masters immediate and full reinstatement to their former or substan- tially equivalent employment without prejudice to their seniority or other rights and privileges ; (b) Post immediately in conspicuous places throughout their plant in Erwin, Tennessee, and maintain for a period of at least thirty (30) consecutive days from the date of posting, notices to their employees stating: (1) that the respondents will not engage in the conduct from which they have been ordered to cease and desist in paragraphs 1 (a) and (b) above, and (2) that they will take the affirmative action set forth in paragraph 2 (a) above; , (c) Notify the Regional Director for the Tenth Region in writing within ten (10) days from the date of this order of, the steps the respondents have taken to comply herewith.