The La Salle Hat Co.

In the Matter of THE LA SALLE HAT COMPANY, A CORPORATION, AND BERNARD SALESKY , DAVID SALESKY, AND JOSEPH SALESKY, INDIVID- UALLY AND AS COPARTNERS, DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF SALESKY BROTHERS and UNITED HAT ERS, CAP & MILLINERY WORKERS INTERNATIONAL UNION, LOCAL No. 60 Case No. C-9541.-Decided November 26, 1938 Hat Manufacturing Industry-Settlement : stipulation providing for reinstate- ment of employees and payment of back pay, and recognition of union as collective bargaining agent of employees-Order: entered on stipulation Mr. Jerome I. Macht, for the Board. Mr. Victor H. Blanc, and Mr. Sigmund H. Steinberg, of Phila- delphia, Pa., for^the .respondents. Syme cC Simons, by Mr. M. Herbert Syyme, and Mr. Maurice Abrams, of Philadelphia , Pa., for the Union. ' Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Hatters, Cap & Millinery, Workers International Union, Local No. 60, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Phila- delphia, Pennsylvania) issued its complaint dated June 16, 1938, against The La Salle Hat Company, Philadelphia, Pennsylvania, and Bernard Salesky, David Salesky, and Joseph Salesky, individu- ally and as copartners, doing business under the firm name and style of Salesky Brothers, Sunbury, Pennsylvania, herein called the re- spondent The La Salle Hat Company, and the respondents Salesky Brothers, respectively, and the respondents, collectively, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5), and Section 2 (6) and (7) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. The complaint and 9 N. L. R B., No. 114. 1230 DECISIONS AND ORDERS 1231 notice of hearing were duly served upon the respondents and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent The La Salle Hat Company closed down its Philadelphia plant, locked out all its employees, and re- moved its operations to the Sunbury plant of the respondents, where it has been engaged in the same manufacturing operations as it was formerly engaged in at its Philadelphia plant; that at the time of the aforesaid lock-out the respondent The La Salle Hat Company terminated the employment of and refused to reinstate 124 named employees because, they joined the Union and engaged in other con- certed activities for the purposes of collective bargaining and other mutual aid and protection; that although on October 22, 1937, and at all times thereafter a majority of the employees of the respondent The La Salle Hat Company in a unit appropriate for the purposes of collective bargaining, designated the Union as their representa- tive, the respondent The La Salle Hat Company refused to,bargain with the Union; and that the respondents, by the aforesaid acts and in addition by speeches, threats, and other acts, interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. On June 22, 1938, the Regional Director granted the respondents an extension of time in which to answer the complaint. Thereafter the respondent The La Salle Hat Company filed its answer in which it admitted the allegations of the complaint concerning the- nature of the scope of its business with the exception of those allegations con- cerning the removal of its operations to the Sunbury plant. It also denied that it had engaged in unfair labor practices. The respond- ents Salesky Brothers in their answer denied all the material allega- tions of the complaint. - Pursuant to notice, a hearing was held on September 15, 16, 19, 20, 21; 22, 23, 28, 30, and October 1, 1938, at Philadelphia, Pennsyl- vania, before Mapes Davidson, the Trial Examiner duly designated by the Board. All parties were represented by counsel, and partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objec- tions, to the admission of evidence: -The Board ^ has reviewed the r-ulings of the Trial Examiner and finds that no prejudicial -errors were committed. The rulings are hereby affirmed. , On October,, 1, 1938, during the hearing, the Trial Examiner granted the motion made by counsel for the Board without objection to amend the complaint by, striking--therefrom- nine- names and by including the name of one person among those listed as allegedly 1232 NATIONAL LABOR RELATIONS BOARD discharged. During the hearing on the same date, the Trial Ex= aminer received in evidence a stipulation concerning the respond- ents' businesses entered into on September 30, 1938, by the re- spondents, the Union, and counsel for the Board. Also during the hearing on the same date, the respondents, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : It is hereby stipulated by and between The La Salle Hat Company; a respondent herein ; Bernard' Salesky, David Salesky, and Joseph Salesky, individually and as copartners, doing busi- ness under the firm name and style of Salesky Brothers, respond- ents herein; United Hatters, Cap & Millinery Workers Inter- national Union, Local No. 60, a party herein; and Jerome I. Macht, attorney for 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 forth- with be entered by said Board and by the United States Circuit Court of Appeals for the Third Circuit without further notice of the application for enforcement thereof, providing as follows : The respondents, The La Salle Hat Company; Bernard Salesky, David, Salesky, and Joseph Salesky, individually and as copartners, doing business under the firm name and style of Salesky Brothers, and their officers, agents, successors and assigns shall : 1. Cease and desist- (a) from in any manner interfering with, restraining or co- ercing their 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 National Labor Relations Act; (b) from discouraging membership in United Hatters, Cap & Millinery Workers International Union, Local No. 60, or any other labor organization of their employees by locking out, or in any other manner discriminating against their employees in regard to the hire or tenure of employment or condition of em- ployment of any of their employees by reason of their member- ship in United Hatters, Cap & Millinery Workers International Union, Local No. 60, or any other labor organization of their employees ; (c) from refusing to bargain collectively with United Hatters, Cap & Millinery Workers International Union , as {the exclusive -representative of their production employees; DECISIONS AND ORDERS 1233 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon application, in writing, addressed to Salesky Broth- ers, Sunbury, Pennsylvania, within 10 days of approval of this stipulation by the Board, shall reinstate at the plant of the Salesky Brothers, in Sunbury, Pennsylvania, to their former po- sitions or equivalent positions, each of the employees named in Schedule A' annexed hereto and made a part hereof, who make such application, without prejudice to their seniority or other rights and privileges previously enjoyed : (b) In the event respondents, or any of them, resume operations in Philadelphia, Pennsylvania, upon application, reinstate to their former positions, or equivalent positions, each of the employees named in Schedule A annexed hereto and made a part hereof, before employing any other persons at Philadelphia, Pennsyl- vania, without prejudice to their seniority or other rights and privileges previously enjoyed, whenever the respondents, or any of them, resume operations in Philadelphia, Pennsylvania, whether such operations be resumed or commenced in their pres- ent corporate or partnership title or other title; (c) Make whole each of the persons named in Schedule A for for the loss of pay suffered, by payment to each of them, respec- tively, within one week after the approval of, this stipulation by the Board, the sum set forth following his or her name, which sum is in full settlement of the amount which each would have earned as wages from September 22, 1937, to said date of payment; (d) Upon request, bargain collectively with the United Hat- ters, Cap & Millinery Workers International Union, Local No. 60r as the exclusive representative of all their production employees, or with the affiliated organization of said union to which the employees within the respective unit may have transferred their membership with respect to rates of pay, hours of employment, and' other conditions of employment; (e) Post and keep visible in a prominent place in each depart- ment of respondents' plant in Sunbury, Pennsylvania, and re- spondents' offices in Philadelphia, Pennsylvania, for a period of thirty (30) days after receipt, copies of the order entered by the National Labor Relations Board, and notices stating that the re- spondents will cease and desist in the manner aforesaid and respondents will take the affirmative action, as aforesaid ; 1 Schedule "A" of the stipulation is identical ,with schedule "A". of the Board's Order, below, and is, therefore , omitted here. 1234 NA'CiO\AL LABOR RELATIONS lBOAlID (f) Notify the Regional Director for the Fourth Region, in writing, of compliance with this order within thirty (30) days from the date of its entry by the Board. • It is further stipulated and agreed that the United States Circuit Court of Appeals for the Third Circuit may, upon application of the National Labor Relations Board, enter a decree enforcing the aforesaid order of the Board, respondents hereby expressly waiving their rights to contest the entry of such decree in the United States Circuit Court of Appeals for the Third Circuit, and, further, expressly waiving their rights to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a decree. .,.It. is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On October 4, 1938, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purposes of entry of a decision and order by the Board. Upon the entire 'record-in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS The respondent The La Salle Hat Company, a Pennsylvania cor- poration, has its principal office and place of business at Phila- delphia, Pennsylvania. From July 1929 to September 18, 1937, it was engaged in the manufacture, sale, and distribution of men's hats. It ceased its manufacturing operations about September 18, 1937, and since that time has been engaged only in the sale and ,distribution of men's hats. The respondents Salesky Brothers, a copartnership, commenced, on or about October 1, 1937, the manufacture of men's hats for and on account of the respondent The La ,Salle Hat Company, and since that date have been continuously engaged in such operations. They have their principal office and place of business at Sunbury, Pennsylvania. Prior to the closing of its Philadelphia plant the respondent The La Salle Hat Company used the following raw materials: Felt, rib- bons, leather bands, wool, hat bodies, and silk. These raw materials have been used also by the respondents Salesky Brothers, since the opening of their Sunbury plant. During the period in which the respondent The La Salle Hat Company was engaged in manufacturing operations at its Phila- delphia plant, the volume of raw materials used annually averaged DECISIONS AND ORDERS 1235 about $365,000, of which about 92 per cent was shipped to its Phila- delphia plant from points outside the State of Pennsylvania; during this same period the annual value of the finished products of the respondent The La Salle Hat Company amounted to about $626,000. About 85 per cent of these finished products were shipped from its Philadelphia plant to points outside the State of Pennsylvania. The volume of raw materials used by the respondents Salesky Brothers also averages annually about $365,000, of which about 92 per cent is shipped to their plant from points outside the State of Pennsylvania The annual value of the finished products of the respondents Salesky Brothers averages about $626,000. About 85 per cent of these finished products are shipped from their Sunbury plant to points outside the State of Pennsylvania. 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 the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that The La Salle Hat Company, Philadelphia, Pennsylvania, and Bernard Salesky, David Salesky, and Joseph Salesky, individually and as copartners, doing business under the firm name and style of Salesky Brothers, Sunbury, Pennsylvania, and their officers, agents, successors, and assigns shall: 1. Cease and desist from: (a) In any manner interfering with, restraining, or coercing their 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 National Labor Relations Act ; (b) Discouraging membership in United Hatters, Cap & Millinery Workers International Union, Local No. 60. or any other labor or- ganization of their employees by locking out, or in any other manner discriminating against their employees in regard to the hire or tenure of employment or condition of employment of any of their employees by reason of their membership in United Hatters, Cap & Millinery Workers International Union, Local No. 60, or any other labor organization of their employees; (c) Refusing to bargain collectively with United Hatters, Cap & Millinery Workers International Union, as the exclusive representa- tive of their production employees. 134068-39-vol. to-79 1236 NATIONAL LABOR RELATTONS BOARD 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon application, in writing, addressed to Salesky Brothers, Sunbury, Pennsylvania, within ten (10) days of approval of this stip- ulation by the Board, reinstate at the plant of the Salesky Brothers, in Sunbury, Pennsylvania, to their former positions or equivalent posi- tions, each of the employees named in schedule A annexed hereto and made a part hereof, who make such application, without prejudice to their seniority or other rights and privileges previously enjoyed; (b) In the event respondents, or any of them, resume operations in Philadelphia, Pennsylvania, upon application, reinstate to their for- mer positions, or equivalent positions, each of the employees named in schedule A annexed hereto and made a part hereof, before employing, any other, persons at Philadelphia, Pennsylvania, without prejudice to their seniority or other rights and privileges previously enjoyed, whenever the respondents, or any of them, resume operations in Philadelphia, Pennsylvania, whether such operations be resumed or commenced in their present corporate or partnership title or other title ; (c) Make whole each of the persons named in schedule A for the loss of pay suffered, by payment to each of them, respectively, within one week. after the approval of this stipulation by the Board, the sum set forth following his or her name, which sum is in full settlement of the amount which each would have earned as wages from September 22, 1937, to said date of payment; (d), Upon request, bargain collectively with the United Hatters, Cap & Millinery, Workers International Union, Local No. 60, as the exclusive representative of all their production employees, or with the, affiliated organization of said union to which the employees within the respective,unit may have transferred their mambership with re- spect to rates of pay, hours of employment, and ether conditions of employment; (e) Post and keep visible in a prominent place in each department of respondents' plant in Sunbury, Pennsylvania, and respondents' of- fices in Philadelphia, Pennsylvania, for a period of thirty (30) days after receipt, copies of this Order and notices stating that the respond- ents will cease and desist in the manner aforesaid and that the re- spondents will take the affirmative action as aforesaid; (f) Notify the Regional Director for the Fourth Region, in writ- ing, of compliance with this Order within thirty (30) days from the date of its entry by the Board. DECISIONS AND ORDERS SCHEDULE "A" 1237 Sol Weinstein--------------- $54.72 Pasquale A. Spinelli--------- $73.40 Natale' Carabello------------- Martin Hefiler--------------- Gaetano DiBianca----------- P. J. Muldowney------------ D. J. Peltzer---------------- H. H. Evans--------------- -- Jack Weiss------------------ 77. 64 97.68 71.16 90.64 109.08 95.80 92.28 Isadore T. Bernstein--------- Joseph L. Dezart_____________ Francis Kehoe--------------- Walter Strep---------------- James F. Reilly______________ Frank S. Hinkle------------- Eleanor E. Tees------------- 98.44 73.00 68.56 72.76 74.36 71.72 70.56 Mike Biancotto-------------- 111.68 David Rhodes--------------- 80.76 Rose Lobis------------------ Margaret Szalay Schreider___ 41.68 64.92 Abraham Rosenblatt --------- 98. 40 Clara Leimkuhler------------ 101.96 Harry Gecht----------------- 78.36 Mary C. Hill---------------- 44.68 Samuel Wollman ------------ 70 52 Theresa Romano------------- 37. 28 Louis, Koch.----------------- 82.32 Josephine Al. Germano -------- 90. 24 Irvin Burd------------------ 72.88 Jean Marks----------------- 16.16 Reber A. Reiling------------ 90.72 Pauline Moss---------------- 74.08 Jack I. Spector-------------- 44.36 Helen J. Romano ------------ 54. 92 John Di Leonardo ----------- 50.60 Josephine Pantaleo----------- 68.52 Theodore G. Kahmar -------- 80 24 Lillian Trainer------ ------- 39.60 James P. Murphy ------------ 109.32 Catherine Bowman ----------- 52. 28 Carmen Lobis--------------- 80. 36 Mollie Greenberg------------- 26.40 August Ignaszewski---------- 117 08 Margaretta Schreiber -------- 35.56 Michael Spaldo-------------- 64.72 Dorothy V. Calhoun ---------- 45.68 Mike Backman--------------- 86 08 Lillian Hack----------------- 48.24 Abram I. Goldman ---------- 114.84 Anna S. Foster-------------- 73.24 Attilio A. DiCesare---------- 79.28 Emma W. Barford----------- 78.04 Tony Fiore------------------ 84.04 Arma' Al. Schmieg----------- 56.20 Gerson Burd---------------- 54. 72 Emma Katz----------------- 58.44 Benjamin J. Berman-------- 81.96 Sara G. Titcher------------- 70.04 Abraham E. Freed ---------- 89.32 Mary Al. Blefgen------------ 48.60 Isaac Freedman------------- 79.88 Nora E. Quinn--------------- 49.92 Joseph Shapiro-------------- 85.60 Lillian A. Goodfellow----___- 84.32 Alax Spector---------------- 81.04 Bertha Evans--------------- 50.92 Joseph N. Forlano ----------- 61 24 Florence M Porter ----------- 49.88 John La Spada-------------- 94.72 Jennie Eisenstadt------------ 50.40 Morris Katz----------------- 70 92 Phoebe P. Carabello--------- 78.80 Joseph Mingioni------------- 45.64 Dorothy Tees---------------- 51. 52 Stanley F. Zawisza----------- 48.48 Isabell Scott----------------- 29.48 Fred L. Dandrea------------- 41. 84 Virginia Spinnetti------------ 39.48 William F. Clark------------- 51. 52 Yetta Sacks----------------- 45.65 Samuel Cantor-------------- 49.60 Mary C. Falcone_____________ 73.72 Manuel Gases_______________ 48.24 Rita Lobis------------------ 59.20 James A. Rafter ------------ 43.72 Gertrude Brener------------- 64.36 Ceasar J. Curzi______________ 49.52 Mary F. Mahan______________ 45.32 Sam Dabrow---------------- 45.84 Ruth Eisenstadt_____________ 46.64 Samuel Skolnick------------- 46.50 Jeannette M. Barone --------- 68.04 Joseph J. Heelan ------------ 80 04 Josephine Liberato----------- 43.40 Floyd A. Staupp------------ 87.72 Catherine Germano ---------- 47. 84 Fritz Ottinger--------------- 92.16 Rose Al. Montagna---------- 47.6& Arthur First----------------- 87.64 Mary Guido----------------- 49.48 1238 NATIONAL LABOR RELATIONS BOARD Irving E. Chudd_____________ $37.28 Joseph Capparella___________ $46.40 Bernard Jacobson------------ 46.96 Reuben Friedman____________ 79.28 Phil Rubinstein______________ 31. 00 Clarence Stockel_____________ 86.28 Joseph Leary________________ 70.84 Herman Katzen_____________ 62.32 -Louis Simon________________ 77.48 Simon Leder________________ 53.40 Joseph A. Havalac ----------- 69 72 Morris London_______________ 48.36 Bernard Guido_______________ 36.64 Isadore Kauffman____________ 91. 32 Martin Schmukler___________ 45.64 Harry Wyman_______________ 68.72