Joseph H. Meyer & Brothers

In the Matter of JOSEPH H. MEYER & BROTHERS and AMERICAN FED- ERATION OF WHOLESALE DRY GOODS & NOTION EMPLOYEES' UNION LOCAL No. 21315 Case No. C-655.-Decided November 8, 1938 Jewelry and Notions Manufacturing Industry-Settlement: stipulation provid- ing for payment of a certain sum to three employees, withdrawal of recognition from and termination of contract with company-sponsored union-Order: entered on stipulation-Discrimination: charges of, dismissed as to nine employees. Mr. Christopher W. Hoey, for the Board. Mr. Benjamin C. Ribman, of New York City, for the respondent. Mr. Murray Frank, of New York City, for the Union. Miss Margaret M. Farmer, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by American Fed- eration of Wholesale Dry Goods & Notion Employees' Union Local No. 21315, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York City), issued a complaint dated Decem- ber 29, 1937, against Joseph H. Meyer & Brothers, 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), (2), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint and a notice of hear- ing thereon were duly served upon the respondent, upon the Union, and upon Collective Bargaining Committee of Joseph H. Meyer & Brothers Employees. Concerning the unfair labor practices, the com- plaint alleged in substance that the respondent had discharged and had refused to reinstate 10 named employees because of their membership in and activity on behalf of the Union; that respondent had spon- sored the formation and had dominated the administration of Collec- tive Bargaining Committee of Joseph H. Meyer & Brothers Em- 9 N. L. R. B., No. 65. 695 696 NATIONAL LABOR RELATIONS BOARD ployees; that the respondent had refused to recognize as bargaining agent or to bargain collectively with the Union although said Union had at all times since November 1, 1937, represented a majority of the respondent's employees within an appropriate unit; and that the respondent had by other acts interfered with, restrained and co- erced its employees in the exercise of their rights guaranteed in Sec- tion 7 of the Act. On January 6, 1938, the respondent filed an answer to the complaint in which it denied that it was engaged in operations affecting commerce and further denied the material allega- tions of the complaint relating to the unfair labor practices. Pursuant to notice, a hearing was held in New York City on April 13, 21, 22, 23, May 5, 6, 7, 13, 14, and 18, 1938, before George Bokat, the Trial Examiner duly designated by the Board. The Board, the Union, and the respondent were represented by counsel and partici- pated in the hearing. During the course of the hearing, the Trial Examiner granted motions of the attorney for the Board to amend the complaint in order to add the name of one employee to those allegedly discharged and refused reinstatement by the respondent, and in order to correct the units in which and the date upon which the Union claimed to represent a majority of the employees. The Trial Examiner also granted motions by the attorney for the Board to dismiss the complaint in respect to six of the employees alleged to have been discriminatorily discharged and refused reinstatement. On May 14, 1938, the Trial Examiner granted the attorney for the Union permission to withdraw the charge alleging a violation of Section 8 (5) of the Act. These rulings are hereby affirmed. On May 18, 1938, the respondent, the Union, and the Regional Director entered into the following stipulation. STIPULATION The allegations in the complaint covering an alleged violation of Section 8 (5) of the National Labor Relations Act, having on consent of the undersigned union, been dismissed; now, there- fore, in settlement of this case, Joseph H. Meyer & Brothers, American Federation of Wholesale Dry Goods & Notion Em- ployees' Union Local #21315, and National Labor Relations Board, Second Region, through its Regional Director, agree as follows : 1. Joseph H. Meyer & Brothers at its Brooklyn Plant, located in the Borough of Brooklyn, City and State of New York, shall cease and desist : (a) From interfering with, restraining or coercing its em- ployees in the exercise of the right to self-organization, to form, and join, or assist labor organizations, to bargain collectively DECISIONS AND ORDERS 697 through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection. (b) From dominating or interfering with the formation or administration of any labor organization and from contributing support of any kind to any labor organization. (c) From discouraging membership in American Federation of Wholesale Dry Goods & Notion Employees' Union Local #21315, or any other labor organization, by discrimination in regard to hire and tenure of employment or any term or condi- tion of employment. 2. That Joseph H. Meyer & Brothers will take the following affirmative action in order to effectuate the policies of the Na- tional Labor Relations Act : (a) Withdraw all recognition at its Brooklyn Plant, located in the Borough of Brooklyn, City and State of New York, from Collective Bargaining Committee of Joseph H. Meyer & Broth- ers, Inc., as representative of its employees at said Brooklyn Plant for the purpose of dealing with said Joseph H. Meyer & Brothers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and completely disestablish said Collective Bargaining Committee of Joseph H. Meyer & Brothers, Inc., as such representative. (b) For the purpose of making whole Betty Holt, May Val- lone, and Rose Pizzo, and each of them for any losses of pay they have suffered by reason of respondent's alleged refusal to rein- state them at the end of the strike of November 11, 1937, through November 29, 1937, pay to the Regional Director for the Second Region for distribution to the said employees the sum of Thirty ($30.00) Dollars. (c) Personally inform, in writing, each and every one of its employees who has entered into the individual contract of em- ployment arising out of the formation of the Collective Bargain- ing Committee of Joseph H. Meyer & Brothers, Inc., that such contract will be discontinued as a term or condition of employ- ment and will in no manner be enforced or attempted to be 'enforced. I (d) Post notices in conspicuous places throughout its Brook- lyn Plant stating : (1) That respondent will cease and desist as provided above; (2) That such notices will remain posted for a period of at least thirty (30) days-consecutive days-from the date of posting ; and (3) That the Collective Bargaining Committee of Joseph H. Meyer & Brothers, Inc., is disestablished as representative of 698 NATIONAL LABOR RELATIONS BOARD respondent's employees at its Brooklyn Plant and that respond- ent will refrain from any recognition thereof as such repre• sentative. 3. An order based on the terms of this agreement may be made by the National Labor Relations Board. 4. A consent decree embodying the substance of the above order of the Board may be entered by the Circuit Court of Appeals in the appropriate circuit upon application by the Board without notice to any parties. 5. This stipulation is submitted subject to the approval of the National Labor Relations Board, Washington, D. C. On June 1, 1938, the Board approved said stipulation and acting pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the proceedings in the case transferred to and continued before the Board. Upon the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT 1 Joseph H. Meyer & Brothers, a New York corporation having its principal place of business in Brooklyn, New York, is engaged in the manufacture and sale of artificial pearls, notions, jewelry, and similar items. Approximately 20 per cent of the raw materials used in the manufacture of its products come from sources outside of the State of New York. Nitrate of cotton, certain high and local solvents, and cellulose acetate are obtained from New Jersey, fusible enameled glass from New York and Illinois, raw beads from Japan, and a specially prepared enamel from Czechoslovakia. Approximately 67 per cent of the finished products are sold outside the State of New York. During the busy season, between 450 and 500 persons are employed at the Brooklyn plant. 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 and stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the 3 The facts in this section were read into the record by counsel for the Board and agreed to by counsel for the respondent. DECISIONS AND ORDERS 699 National Labor Relations Board hereby orders that the respondent, Joseph H. Meyer & Brothers, New York City, shall: 1. Cease and desist : (a) From interfering with, restraining or coercing its employees in the exercise of the right to self-organization, to form, and join, or- assist labor organizations, to bargain collectively through repre- sentatives c f .their own-choosing, and-to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection; (b) From dominating or interfering with the formation or admin- istration of any labor organization and from contributing support of any kind to any labor organization; (c) From discouraging membership in American Federation of Wholesale Dry Goods & Notion Employees' Union Local No. 21315, or any other labor organization, by discrimination in regard to hire and tenure of employment or any term or condition of employment. 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act: (a) Withdraw all recognition at its Brooklyn plant, located in the-Borough of Brooklyn, City and State of New York, from Col- lective Bargaining Committee of Joseph H. Meyer & Brothers, Inc., as representative of its employees at said Brooklyn plant for the purpose of dealing with said Joseph H. Meyer & Brothers concern- ing grievances, labor disputes, wages, rates of pay, hours of employ- ment, or conditions of work, and completely disestablish said Collec- tive Bargaining Committee of Joseph H. Meyer & Brothers, Inc., as such representative; (b) For the purpose of making whole Betty Holt, May Vallone, and Rose Pizzo, and each of them for any losses of pay they have suffered by reason of the respondent's alleged refusal to reinstate them at the end of the strike of November 11, 1937, through Novem- ber 29, 1937, pay to the Regional Director for the Second Region for distribution to the said employees the sum of Thirty ($30.00) Dollars; (c) Personally inform, in writing, each and every one of its em- ployees who has entered into the individual contract of employment arising out of the formation of the Collective Bargaining Committee of Joseph H. Meyer & Brothers, Inc., that such contract will be dis- continued as a term or condition of employment and will in no man- ner be enforced or attempted to be enforced; (d) Post notices in conspicuous places throughout its Brooklyn plant stating : (1) That the respondent will cease and desist as provided above; (2) That such notices will remain posted for a period of at least thirty (30) days-consecutive days-from the date of posting; and 700 NATIONAL LABOR RELATIONS BOARD (3) That the Collective Bargaining Committee of Joseph H. Meyer & Brothers, Inc. is disestablished as representative of the respondent's employees at its Brooklyn plant and that the respondent will refrain from any recognition thereof as such representative. It is further ordered that the complaint in so far as it alleges a violation of Section 8 (3) of the Act by the, discharge and refusal to, reinstate Margaret Ferrara, Virginia Codironi,2 Kathryn Mooney, Vera Conlon, Louise Morelli, Fay Lobia, Connie Ruggero, Kathleen Erigo, and Sue Bottigliere be, and it hereby is, dismissed. . 2 This name appears as Virginia Sodicoli in the complaint, and was corrected during the course of the hearing.