Eavenson & Levering Co.

In the Matter of EAVENSON & LEVERING CO. and TEXTILE WORKERS' ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O. Case No. C-93.-Decided July 26, 1938 Wool Scouring, Carbonizing, and Depainting Industry-Settlement : Stip- ulation providing for reinstatement and preferential lists of discharged em- ployees; withdrawal of recognition and disestablishing of company-dominated unions-Order: entered on stipulation. Mr. Jack Davis, for the Board. Boyle c Archer, by Mr. F. Morse Archer, Jr., of Camden, N. J., for the respondent. Mr. Alfred Udoff, of New York City, and Mr. Sol Stetin, of Glou- cester, N. J., for the T. W. O. C. Miss Edna Loeb, of counsel to the Board. DECISION AND ORDER STATEMENT OF TIIE CASE Upon charges and amended charges duly filed by Textile Workers' Organizing Committee, herein called the T. W. O. C., affiliated with the Committee for Industrial Organization, the National Labor Re- lations Board, herein called the Board, by John E. Johnson, Acting Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania) issued a complaint, dated April 22, 1938, against Eavenson & Levering Co., Camden, New Jersey, 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), (2), and (3) and Section 2 (6) and (7) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing, were duly served upon the respondent and the T. W. O. C. The complaint charged, in substance, (1) that the respondent dom- inated and interfered with the formation and administration of a labor organization known as the Independent Wool Workers' Union and contributed support to it; (2) that the respondent discriminated 8 N. L. R. B., No. 62. 602 DECISIONS AND ORDERS 603 in regard to the hire and tenure of employment of certain named persons to discourage membership in the T. W. O. C.; and (3) that by these and other acts and conduct, the respondent interfered with, restrained, and coerced its employees in the exercise of their rights as, guaranteed in Section 7 of the Act. An extension of time within which to answer having been granted, the respondent filed an answer, dated May 18, 1938, denying that it was engaged in interstate com- merce and that it had engaged in the alleged unfair labor practices. Pursuant to notice a hearing was held at Philadelphia, Pennsyl- vania, from May 23, through June 7, 1938, before Herbert A. Lien, the Trial Examiner duly designated by the Board. The Board, the respondent, and the T. W. O. C. were represented by counsel and participated in the hearing. Full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. During the hearing the complaint was amended on motion of counsel for the Board to allege the discriminatory discharge of 60 additional employees and the formation, domination, and support by the respondent of a labor organization known as the Wool Workers' Industrial Union, Local No. 1.1 A copy of the amended complaint, dated June 2, 1938, was duly served upon the respondent. During the hearing the respondent and counsel for the Board entered into a stipulation concerning the respondent's business. This stipulation was made part of the record without objection. On June 7, 1938, the hearing was recessed pending the approval by the Board of a stipulation agreed upon and signed by counsel for the Board, the respondent, and the T. W. O. C. The stipulation pro- vided for an order to be entered in the case by the Board. On June 16, 1938, the Board issued an order approving the stipula - tion and making it a part of the record, and, acting pursuant to Article IT, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, further ordered that the pro- ceeding be transferred to and continued before 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 1. THE BUSINESS OF THE RESPONDENT The-respondent is a New Jersey corporation engaged in the scour- ing, carbonizing, and depainting of wools and noils. Its plant is in I Amended charges were duly filed by the Union. 604 NATIONAL LABOR RELATIONS BOARD Camden, New Jersey, and is one of the largest of its kind in the United States. The respondent operates its business solely on a commission basis. The respondent furnishes its services to importers, wool merchants, and wool dealers throughout the United States and in the foreign countries. During the year 1937 practically all the wools and noils processed by the respondent were shipped to it from foreign coun- tries and States other than New Jersey. During the same period the respondent shipped practically all the wool and noils processed by it to points outside New Jersey. The, respondent's commissions for its services in 1937 totaled $896,921.19. In the same year the respondent sold waste byproducts valued at $160,442.42, most of which were shipped to purchasers outside New Jersey. The principal raw materials purchased by the respondent are coal, soaps, acids, and alkalies. Practically all these raw materials, as well. as machine repair parts and other supplies, amounting in value to $161,121 in the year 1937, were shipped to the respondent frcnn points outside New Jersey. We-find that the operations of-the respondent at its plant in Cam- den, New Jersey, constitute a continuous flow of trade, traffic, and commerce among the several States and with foreign countries. II. THE BNSIS OF THE SETTLEMENT The stipulation between counsel for the Board, the respondent, and T. W. O. C. provides : It is hereby stipulated by and between Eavenson & Levering Co., respondent herein; Textile Workers' Organizing Committee, affiliated with the C. I. 0., a party herein ; and the National Labor Relations Board, that upon the record herein ,and upon this stipulation, if approved by the National Labor Relations Board, an order may forthwith be entered by said Board and by the United States Circuit Court of Appeals for the Third Circuit, providing as follows : 1. Respondent, Eavenson & Levering Co., a corporation, its officers, agents, successors and assigns shall cease and desist: (a) from 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 bar- gain 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 in section 7 of the Act ; (b) from discouraging membership in the Textile Workers' DECISIONS AND ORDERS 605 Organizing Committee, affiliated with the C. I. 0., or any other labor organization of its employees, or encouraging membership in the Independent Wool Workers' Union and the Wool Workers' Industrial Union, Local No. 1, or any other labor organization of its employees, by discriminating against employees in regard to hire or tenure of employment or any condition of employ- ment ; (c) from in any manner dominating or interfering with the administration of the Independent Wool Workers' Union and the Wool Workers' Industrial Union, Local No. 1, or with the formation or administration of any other labor organization of its employees, and from contributing aid or support to said organization ; from recognizing or dealing in any manner with the Independent Wool Workers' Union or the Wool Workers' Industrial Union, Local No. 1, or any group purporting to repre- sent said organization; or from forming or maintaining any groups or designating any individuals to act as the representa- tives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment; 2. -It is further stipulated that the Board may order the re- spondent to take the following affirmative action to effectuate the purposes of the National Labor Relations Act: That the respondent shall, (a) offer to each of the employees named in Exhibit "A" 2 annexed hereto and made a part hereof, on or before June 13th, 1938, or upon notification of approval of this stipulation by the National Labor Relations Board, immediate and full reinstate- ment to their former positions without loss of seniority to such extent as previously enjoyed, and without prejudice to any rights and privileges previously enjoyed by them and which are now enjoyed by those presently employed in like positions, and shall, upon their application in the customary manner for employment with respondent, so reinstate them ; (1) and place each of the employees named in Exhibit "B" annexed hereto and made a part hereof, for whom employment is not now available, on a preferred list to be offered employment as it arises in their former positions. (2) and place each of the employees named in Exhibit "C" 4 annexed hereto and made a part hereof, for whom employment is not now available, on a preferred. list to be offered employ- 2 Exhibit "A" appears as appendix A, annexed hereto ' Exhibit "B" appears as appendix B, annexed hereto. Exhibit "C" appears as appendix C, annexed hereto 606 -NATIONAL LABOR RELATIONS BOARD meat as it arises in their former positions, after the preferred list referred to above as Exhibit "B" is exhausted. (b) withdraw all recognition from the Independent Wool Workers' Union as the representatives of its employees or any of them for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and disestab- lish said Independent Wool Workers' Union and Wool Workers' Industrial Union, Local No. 1; (c) inform in writing the officers of the Independent Wool Workers' Union and of the Wool Workers' Industrial Union, Local No. 1, that the respondent will not in any manner deal with or recognize the associations; (d) inform all of its officials and agents, including superin- tendents, foremen and other supervisory employees that they shall not in any manner approach employees concerning, or dis- cuss 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' Organizing Committee, affiliated with the C. I. 0., in particular ; (e) post and keep visible in a prominent place in each depart - ment of respondent's plant for a period of thirty (30) days after receipt, copies of the order to be entered by the National Labor Relations Board; (f) Respondent shall notify the Regional Director for the Fourth Region, of compliance with the foregoing order within thirty (30) days from the date of its entry by the Board. ORDER Upon the basis of the above findings of fact and stipulation and upon the entire record in the proceeding, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that Eavenson & Levering Co., Camden, New Jersey, 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 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 in Section 7 of the Act ; - (b) Discouraging membership in Textile Workers' Organizing Committee, affiliated with the Committee for Industrial Organiza- tion, or any other labor organization of its employees, or encourag- DECISIONS AND ORDERS 607 ing membership in the Independent Wool Workers' Union and the Wool Workers' Industrial Union, Local No. 1, 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; (c) In any manner dominating or interfering with the adminis- tration of the Independent Wool Workers' Union and the Wool Workers' Industrial Union, Local No. 1, or with the formation or administration of any other labor organization of its employees, and from contributing aid or support to said organization; from recog- nizing or dealing in any manner with the Independent Wool Work- ers' Union or the Wool Workers' Industrial Union, Local No. 1, or any group purporting to represent said organizations; 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. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to the employees listed in appendix A, annexed hereto, immediate and full reinstatement to their former positions without loss of seniority to such extent as previously enjoyed, and without prejudice to any rights or privileges enjoyed by them and which are now enjoyed by those presently employed in like positions, and upon their application in the customary manner for employment. so reinstate them; (b) Place each of the employees listed in appendix B, annexed hereto, for whom employment is not now available, on a preferred list to be offered employment as it arises; in their former positions; (c) Place each of the employees listed in appendix C, annexed hereto, for whom employment is not now available, on a preferred list to be offered employment as it arises in their former positions, after the preferred list of employees named in appendix B has been exhausted; (d) Withdraw all recognition from the Independent Wool Work- ers' Union as the representatives of its employees or any of them for the purpose of dealing with the respondent concerning griev- ances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and disestablish said Independent Wool Workers' Union and Wool Workers' Industrial Union, Local No. 1; (e) Inform in writing the officers of the Independent Wool Work- ers' Union and of the Wool Workers' Industrial Union, Local No. 1, that the respondent will not in any manner deal with or recognize the associations; 608 NATIONAL LABOR RELATIONS BOARD (f) Inform all of its officials and agents, including superintend- ents, foremen, and other supervisory employees that they shall not in any manner approach employees concerning, or discuss with em- ployees, the question of their labor affiliation, or threaten employees in any manner because of their membership in any labor organization in general, or in Textile Workers' Organizing Committee, affiliated with the Committee for Industrial Organization, in particular; (g) Post and keep visible in a prominent place in each department of respondent's plant, copies 'of this order for a period of thirty (30) days after service thereof; (h) Notify the Regional Director for the Fourth Region, within thirty (30) days from the date of this order, what steps the respond- ent has taken to comply herewith. APPENDIX A 1. Albert Russell 2. Tony Sochanchak 3. Donald Decker 4. Lester Harris 5. Helen Schaffer 6. Mildred Chain 7. Minnie Sheldon 8. Nelson LaMar 9. John Dobleson 10. Joe Novella 11. Edward De Lue 12. Joseph Sweeney 13. Nicholas Koss 14. Stanley Debalski 1. Thomas Reed 2. Stanley Lezowski 3. John Balcerowski 4. Mike Sochanchak 5. David Dillon 6. Joseph Steinski 7. David Trimmer 8. Walter Taylor 9. Roland Steward 10. Arron Winefsky 11. Tony Korok 12. James Patiigiione 15. James Miller, Jr. 16. James Miller, Sr. 17. Frank Sapp 18. Joseph Almieda 19. Winstina De Vietro 20. Ivan West 21. Howard Jenkins 22. Albert Baj 23. William Nunda 24. William Klaus 25. Marion Kasporowicz 26. Mike Doraski 27. John Wrobel 28. Willard Flanagan APPENDIX B 13. John Melfi 14. Edward Bekowsk 15. Dale Adams 16. Walter Lehman 17. George Hummel, Sr. 18. Michael Iannetta 19. George Johnson 20. William McKeone 21. Benjamin Tymszuk 22. William Filer 23. Frank Van Horn 24. George Hummel, Jr. DECISIONS AND ORDERS APPENDIX C 1. H. A. Robinson 2. Bob Patterson 3. Donald Call 4. Frank Kelly 5. Albert Catell 6. Charles Tambo 7. Jess Williamson 8. Stanley Dare 9. Wm. Prader 10. George Butterworth 11. R. Brade 12. A. Cochrane 13. C. Brunk 14. C. Feldmayer 15. G. Dawson 16. Robert Fritz 17. F. Hojnowski 18. T. Hastie 19. W. Hastie 20. R. Hasson 21. George Hess 22. J. Kenney 23. G. Knecht 24. Win. Large 25. Ed Mutzer 26. Al Laurie 27. R. Odorisi 28. W. Oldham 29. Joe Roseberry 30. Frank Sendek 31. F. Siritovich 32. C. Schmidt 33. Frank Trimmer 34. S. Unook 35. W. Vanderstraeten 36. J. Varley 37. L. Williams 38. C. Watson 39. W. Brennan 40. J. Kander 41. D. Flynn 42. W. Nelson 43. A. Lorenz 44. J. McClay 45. A. Murphy 46. H. Kirkpatrick 47. A. Mortimer 48. F. Rescigno 49. J. Baker 50. S. Beebe 51. M. Bender 52. Sam Bradfor i 53. P. Brown 54. Don Harris. 609