General Display Case Co., Inc.

In the Matter of GENERAL DISPLAY CASE CO , INC. a'nd FuRNITuRE UNION LOCAL 76-B, C I 0 Case No. C-0236 -Decided July 6, 191 Jurisdiction : display case manufacturing industry Settlement : stipulation pros iding for compliance with the Act Remedial Orders : entered on stipulation Mr. Richard J Hickey, for the Board Mr. Max H. Zuckerman, of New York City, for the Company Mr Max Perlow, of New York City, for the Union Miss Melvern R IKrelow, of counsel to the Board DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Fuiiutuie Union Local 76-B, C. I 0, 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 its complaint dated May 18, 1942, against General Display Case 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, accompanied by a notice of hearing, were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent (1) discouraged membership in the Union by discharging Gaetano Oliva on or about August 7, 1941, and thereafter refused to reinstate him because he joined and assisted the Union or engaged in other concerted activities for the purposes of collective bargaining or other mutual aid or protection; (2) on and after August 6, 1941, vilified, disparaged, and expressed disap- proval of the Union ; and urged, persuaded, threatened, and warned its employees to refrain from assisting, becoming members of, or remaining members of,-the Union; and (3) by the foregoing acts, - 42 N L R B, No 16 58 GENERAL DISPLAY CASE CO, INC 59 , interfered with, iestiarned, and coerced its employees in the exeicise of the rights guaranteed in Section 7 of the Act On or about June 18, 1942, the respondent filed its answer to the complaint which denied that the respondent had engaged in the alleged unfair labor: practices Prior to a hearing,'- the respondent; the Union, and counsel for the Board entered into a stipulation dated June 17, 1942, subject to the approval of the Board, in settlement of the case This stipulation provides as follows • STIPULATION Charges having been filed by Furniture Union Local 76-B, C I 0., hereinafter called the "Union," with the Regional Di- rector of the National Labor Relations Board, hereinafter called the "Board," for the Second Region, New York City, alleging that General Display Case Co., Inc, hereinafter called the "Re- spondent," had engaged in unfair labor practices within the meaning of Section 8, subdivisions (1) and (3) of the National Labor Relations Act, hereinafter called the "Act", the Board, by its Regional Director for the Second Region, New York City, thereafter having duly issued and served a complaint and notice of hearing upon all parties, an answer denying the aforesaid charges having been filed; and it being the desire of the parties to adjust, settle and dispose of all the issues outstanding in this pioceeding : IT IS HEREBY STIPULATED AND AGREED by and be- tween the Respondent, the Union, and Richard J Hickey, attor- ney for the National Labor Relations Board, of the Second Region I The Respondent is and has been since 1924 a corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal office and place of business at 57-63 Greene Street, in the City, County and State of New York, and is engaged in the manufacture, sale and distri- bution of wood and metal display cases and related pioducts II. The principal raw materials used by the Respondent in the manufacture of its principal products are sheet metal, sheet, tin plate, lumber, glass, cardboard and miscellaneous hardware During the year 1941, approximately $85,000 was expended in the purchase-of such raw materials Approximately 10 percent 1 The hearing had originally been scheduled for June 15, 1942 On June 2, 1942; the Regional Director postponed the hearing until Tune 22, 1942, and on June 19, 1942, postponed the hearing indefinitely 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of said raw materials were purchased and shipped from places outside of the State of New York to Respondent's New York plant, principally from Pennsylvania During the year 1941, Respondent's sales amounted to approximately $200,000, of which approximately 331/3 percent w ere sold and shipped by Respondent to places outside of the State of New York, principally to Eastern States III Respondent is engaged in interstate commerce within the meaning of Section 2, subdivisions (6) and (7) of the Act. IV The Union-is a labor organization within the meaning of Section 2, subdivision (5) of the Act V. Respondent and the Union waive any and all eights to any heating in this proceeding by or before the Board and waive their tights to the making of findings of fact and conclusions of law by the Board, except as hereinafter set forth. VI The parties hereto heieby agree to the issuance by the Board, without notice or pioceedings, of an Order substantially in the following foim, which Order shall have the same force and effect as if made after full hearing and the making of find- ings of fact and conclusions of law ORDER Respondent, its officeis, agents, successors and assigns, shall- 1 Cease and desist from (a) In any manner interfering with, restraining or coeicing its employees in the exercise of their rights to self-organization, to foim, join, or assist a labor organization, to bargain collec- tively through representatives of their own choosing, and to _ engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection and guaianteed by Section 7 of the National Labor Relations Act, (b) Discouraging membership in Furniture Union Local 76-B, C I O , or in any other labor organization of its employees, by discriminating in iegaid to their hire and tenure of employ- ment, or any term or condition of their employment 2 Take the following affirmative action to effectuate the policies and purposes of the National Labor Relations Act (a) Make whole Gaetano Oliva for any loss of pay he may have suffered by reason of the Respondent's disciinnnation in iegaid to his hire and tenure of employment, by payment to him of the sum of One hundred and twenty ($120 00) Dollars; - (b) Immediately post notices in conspicuous places through- out its New York plant, and maintain such notices for a period of sixty (60) days consecutively from the date of posting, stat- GENERAL DISPLAY CASE CO , INC 61 ing (1) that the Respondent will not engage in the conduct from which it is ordered that it cease and desist, in paragraphs 1 (a) and (b) of this Order; and (2) that the Respondent will take the affirmative action set forth in paragraph 2 (a) of this Order; and (c) Notify the Regional Director for the Second Region, in writing, within twenty (20) days of the date of this Order, what steps the Respondent has taken to comply therewith VII. It is further stipulated and agreed that the Respondent and the Union consent to the entry by the proper Circuit Court of Appeals of a Decree enforcing the Board's Order substantially in the form hereinabove set forth It is further agreed that the Respondent and the Union hereby waive notice of the applica- tion by the National Labor Relations Board to the said Circuit Court of Appeals for said aforementioned Decree, and waive all rights to contest the entiy of said Decree VIII The entire agreement between the parties is contained within the terms of this instrument, and there is no veibal agreement of any kind which varies, alters, or adds to this stipulation IX This stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon such approval, and shall be null and void and shall not be used for any purpose upon the denial by the Boaid of such approval X The fiist amended charge, the complaint, notice of hearing, the answer of the Respondent to said complaint, and this stipula- tion, shall be filed with the office of the Chief Trial Examiner in Washington, D C, and when so filed and approved by the Board, shall constitute the entire iecoid in this proceeding On June 25, 1942, the Board issued its order approving the above stipulation, making it a part of, the record in the case and pursuant to -Aiticle II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entering a Decision and Order pui- suant to the provisions of the stipulation Upon the basis of the above stipulation and the entire record in the case, the Board makes the following FINDINGS OF FACT I THE BUSINESS OF THE RESPONDENT General Display Case Co, Inc, a New York corporation, having its principal office and place of business in New Yoik City, is en- gaged in the manufacture, sale, and distribution of hood and metal 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD display cases and related products During 1941, the respondent puichased raw materials valued at approximately $85,000, of which approximately 10 per cent was shipped from points outside the State of New Yoik During the same period , the respondent's sales amounted to appioxumate1 $200,000, of which appioximately 331/a per cent was shipped to points outside the State of New York. The iespondent admits that it is engaged in commeice within the meaning of the Act. We find that the abov e-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 recoid in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that General Display Case Co. Inc, New York City, its officers , agents , successor s, and assigns. shall 1 Cease and desist from , (a) In any manner interfering with, iestiaining, of coercing its employees in the exercise of there iights to self -organization, to form, loin, or assist a 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 of piotection as guaranteed by Section 7 of the National Labor Relations Act; (b) Discouraging membership in Fuiinituie Union Local 76-B, C I O , or in any other labor organization of its employees, by discriminating in regard to their hue and tenure of einployinent, or any term or condition of then employment. 2 Take the following affirmative action to effectuate the policies and purposes of the National Labor Relations Act (a) Make whole Gaetano Oliva for any loss of pay he may hiav e suffered by ieason of the Respondent's discrimination in regard to his hire and tenure of employment , by payment to him of the sum of One hundred and twenty ($120 00 ) Dollars, - (b) Immediately post notices in conspicuous places throughout its New York plant, and maintain such notices for a period of sixty (60) days consecutively from the date of posting. stating ( 1) that the respondent will not engage in the conduct from which it is ordered that it cease and desist, in paragraphs 1 (a) and (b) of this Order, and (2 ) that the respondent will take the aff Lniative action set forth in paragraph 2 (a) of this Order, and (c) Notify the Regional Director for the Second Region, in witt- ing, within twenty (20) days of the date of this Ordei, what steps the respondent has taken to comply therewith