Volupte Inc.

In the Matter of VOLUPTE INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 315 Case No. C-1099.-Decided March 8, 1939 Vanity Case Manufacturing Industry-Settlement: stipulation providing for compliance with the Act , including disestablishment of labor organization as representative of employees and reinstatement of employees-Order: entered on stipulation-Complaint: dismissed as to discharges of six persons. Mr. Will Maslow, for the Board. Mr. Charles J. Stamler, of Newark, N. J., for the respondent. Isserman, Issemnan c6 Kapelsohn, by Mr. Sol D. Kapelsohn and Mr. Morris Isserman, of Newark, N. J., for the Union. Mr. Abram D. Londa, of Elizabeth, N. J., for the Association. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Association of Machinists, Lodge No. 315, 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 October 21, 1938, against Volupte, Inc., Linden, New Jersey, herein called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices affect- ing commerce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint, accompanied by notice of hearing, was duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged, in sub- stance, that the respondent dominated and interfered with the forma- tion and administration of a labor organization among its employees known as Volupte Employees Mutual Benefit Association, herein called the Association; that the respondent terminated the employ- ment of and refused to reinstate certain named employees because they joined and assisted the Union and engaged in other concerted activi- 11 N. L. R. B., No. 84. 164275-39-vol xi--64 997 998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ties for the purposes of collective bargaining and other mutual aid and protection; and that the respondent, by the afore-mentioned activities, and by urging, persuading, and warning its employees to refrain from becoming or remaining members of the Union, posting notices in its plant stating that it would not bargain collectively with the Union, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter, the respondent filed its answer dated November 1, 1938, in which it admitted the allegations concerning the nature and scope of its business, but denied the allegations of unfair labor practices. On November 12, 1938, the Association filed its motion to intervene in the case. Thereafter, counsel for the Board filed with the Regional Director a notice that on December 6, 1938, he would move the Trial Examiner, hearing the case, to amend the complaint in several par- ticulars. A copy of the notice was served on the respondent, the Union, and the Association. Pursuant to notice, a hearing was held at Newark, New Jersey, from December 1 to December 9, 1938, before James C. Paradise, the Trial Examiner duly designated by the Board. The respondent, the Union, the Association, and the Board participated in the proceeding and were represented by counsel. Full' opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. At the beginning of the hearing, the Trial Examiner, over the ob- jection of the Union, granted the motion to intervene filed by the Association. This ruling is hereby affirmed. Thereafter, the Trial Examiner received in evidence a stipulation entered into by the respondent, the Union, and counsel for the Board, setting forth facts concerning the nature and scope of the respondent's business. Dur- ing the course of the hearing on December 6, 1938, in accordance with the notice previously served upon the parties, counsel for the Board moved to amend the complaint so as to delete the allegations with respect to the discriminatory discharge of one employee and to in- clude such allegations with respect to certain additional employees; to allege that the respondent refused to bargain collectively with the Union, although the Union had been designated by a majority of its employees as their representative; and to allege that the employees had gone out on strike because of the respondent's unfair labor prac- tices.' This motion was granted by the Trial Examiner without objection. 1 On November 29, 1938, the Union filed further charges covering the allegations con- tained in the amendment to the complaint. VOLUPTE INC., ET AL. 999 During the hearing on December 9, 1938, the respondent, the Union, the Association, and counsel for the Board entered into an agreement in settlement of the case. This agreement and the other documents referred to therein are set out below : AGREEMENT made this 9th day of December, 1938, by and be- tween INTERNATIONAL ASSOCIATION OF MACHINISTS, Lodge 315, hereinafter referred to as the "union"; and VoLUPTE, INC., a corporation organized under the laws of the State of New Jersey, hereinafter referred to as the "employer". WHEREAS the union had called a strike of the production work- ers and tool makers of the company, effective May 23, 1938; and WHEREAS the said strike is still in effect; and WHEREAS the union had filed a Charge against the employer with the National Labor Relations Board; and WHEREAS a complaint had been issued by said Board on said Charge; and WHEREAS hearings are now being held on said complaint before a trial examiner of the National Labor Relations Board, in which the Volupte Employees Mutual Benefit Association is an inter- venor; and WHEREAS the parties desire amicably to dispose of all of the matters in issue between them, Now THEREFORE, it is mutually agreed : 1. The employer agrees to withdraw recognition from the Volupte Employees Mutual Benefit Association, and wholly to disestablish said association and never hereafter to recognize or enter into contractual relations with said association, its suc- cessor or assigns; provided that the wage and hour rates now in effect in the Linden plant of the employer shall remain in effect until modified as the result of collective bargaining with a bona fide labor organization. 2. The employer agrees to reinstate and reemploy on or before Monday, December 12, 1938, at 8 A. M., the following persons, to the positions last held by them on May 23, 1938, or to sub- stantially equivalent positions, without discrimination : Olga Uramie John Ennis Louise Defeo Nick Maiuri Mary Rosich provided that no back pay shall be awarded to said five employees. 3. The employer agrees to reinstate to their former or sub- stantially equivalent positions, without back pay, as of Tuesday, January 3, 1939, at 8 A. M., all of the persons now on strike and 1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD listed in the schedule annexed hereto and marked Schedule A,2 subject to paragraphs 4 and 5 hereof. 4. The employer agrees that in order to provide employment for the persons listed in Schedule A, it will discharge before Saturday noon, December 31, 1938, all of the persons now em- ployed by it who were hired after the beginning of the strike on May 23, 1938. 5. The employer agrees to furnish employment to all of the persons listed in Schedule A to the extent to which work is avail- able for them, the persons to be employed according to the de- partmental seniority enjoyed by them as of February 7, 1938, the seniority of such employees being described in Schedule B 3 hereto attached and made part hereof; if sufficient work is not available for all of the employees listed on Schedule A, those not rehired shall be placed upon a preferential list and no new em- ployees shall be hired unless such persons have been reemployed. 6. The terms "seniority" and "departmental seniority" as used throughout this agreement shall have the same meaning as that contained in the final decree of the Chancellor of New Jersey in the matter of Volupte, Inc., and International Association of Ma- chinists, a true copy of which is annexed hereto as Schedule C ; ' provided that persons hired after February 7,1938 and before May 23, 1938, shall be entitled to such seniority as shall date from the respective dates of their employment. 7. The employer agrees that beginning Tuesday, January 3, 1939, no tool making work of any description shall be carried on in the plant except by Alfred Bellingrath and John Felsch, as long as any of the tool makers now on strike and listed in Sched- ule D 5 annexed hereto are without employment; all new tool makers hired shall be chosen in order of seniority from the list annexed hereto and marked Schedule D; the employer agrees to have no tool making work done in the Linden plant except be- tween the hours of 8 A. M. and 4: 30 P. M. nor at the home of any employee. 8. The employer agrees that the examiners listed in Schedule E 5 annexed hereto shall likewise be placed upon a preferential list to be rehired after all of the employees on Schedule A have been rehired, it being understood that any vacancies in employ- ment for which said examiners are qualified or can be qualified 2 See Schedule A of the Decision and Order, infra. ' See Schedule B of the Decision and Order, infra. See Schedule C of the Decision and Order, infra. See Schedule D of the Decision and Order , infra. ° See Schedule E of the Decision and Order, infra. VOLUPTE INC., ET AL. 1001 shall be filled by hiring said examiners before any new employees are hired and before any employees discharged by this agreement are rehired, provided that no examiner shall have the status of an employee until rehired. 9. The employer agrees to rehire Joseph Marion Schlahetka on or before Monday, December 12, 1938, at 8 A. M. in the mainte- nance department, and to receive the rate of 50¢ per hour for such work during the first month of employment, 55¢ per hour during the second month, and 600 per hour thereafter; provided that said Schlahetka shall retain in the maintenance department, the de- partmental seniority formerly enjoyed by him and listed on the seniority list of February 7, 1938. 10. The employer need not reinstate William Korb, for whom a separate private agreement is being made. 11. In the distribution of work or employment on and after January 3, 1939, the principles of departmental seniority as de- fined herein shall be strictly adhered to. 12. The union agrees to call off the strike which went into effect on May 23, 1938. 13. The union agrees to withdraw its present Charge that the employer has failed to bargain collectively with it as the repre- sentative of the production workers of the Linden plant, the em- ployer need not bargain with it or any other bona fide labor organ- ization as such representative unless and until it is shown proof that such organization has been designated as such collective bar- gaining representative. 14. The union agrees to withdraw its Charge against the em- ployer that it has locked out the toolmakers listed in Schedule D. 15. The employer and the union agree to the issuance by the National Labor Relations Board without further notice or pro- ceedings, of the order, a copy of which is annexed hereto as Schedule F, and the employer and the union agree to the issuance of a decree by an appropriate Circuit Court of Appeals embody- ing the terms of the said Board's order; provided that notice of the application to the court for the entry of such decree shall be given both the employer and the union. The employer further agrees to abide by the provisions of the order annexed hereto and marked Schedule F. 16. This agreement is subject to approval by the National Labor Relations Board. SCHEDULE F-STIPULATION It is hereby stipulated and agreed by and between the under- signed : 1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I. The stipulation of commerce annexed hereto and marked Ex- hibit 1 is made part hereof.? II. The employer consents to the entry by the National Labor Relations Board, without further notice or proceedings, of the following Order : "Upon the basis of the stipulation dated December 9, 1938, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the re- spondent, Volupte, Inc., its officers, agents, successors and assigns shall : 1. Cease and desist from (a) In any manner dominating or interfering with the admin- istration of the Volupte Employees Mutual Benefit Association, or with the formation and administration of any labor organiza- tion of its employees, and from contributing support to the Volupte Employees Mutual Benefit Association, or any other labor organization of its employees; (b) Discouraging membership in International Association of Machinists, Lodge No. 315, or any other labor organization of its employees, by discriminating in regard to hire or tenure of em- ployment or any term or condition of employment; (c) Giving effect to the contracts dated May 3, 1938 and May 14, 1938 between the respondent and Volupte Employees Mutual Benefit Association; (d) In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of the right 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. 2. Take the following affirmative action which the National Labor Relations Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Volupte Employees Mutual Benefit Association as the representative of any of its employees for the purpose of dealing with Volupte, Inc., con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and disestab- lish the Volupte Employees Mutual Benefit Association as such representative. T The stipulation of commerce is omitted from the Decision , as the facts contained therein are set forth in the findings made by the Board concerning the business of the respondent, infra. VOLUPTE INC., ET AL. 1003 (b) Offer to Olga Uramie, Louise Defeo, Mary Rosich, John Ennis and Nick Mauiri immediate and full reinstatement to their former or substantially equivalent positions, without preju- dice to their seniority and other rights and privileges; (c) Reinstate all of its employees who went on strike on May 23, 1938, and thereafter, to their former or substantially equiv- alent positions, without, prejudice to their seniority or other rights or privileges, in the manner provided and subject to the limitations in the agreement of settlement dated December 9, 1938, to which this order is annexed; (d) Post notices immediately to its employees -in conspicuous places within its Linden plant, stating: (1) That the respondent will cease and desist in the manner aforesaid; (2) that the re- spondent will withdraw all recognition from the Volupte Em- ployees Mutual Benefit Association as the representative of any of its employees for the purpose of dealing with this respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and that said Volupte Employees Mutual Benefit Association is com- pletely disestablished as such representative, and maintain such notices for a period of at least thirty (30) consecutive days from the date of posting; (e) Notify the Regional Director for the Second Region, in writing, in ten days from the date of this Order what steps the respondent has taken to comply therewith. It is further ordered that the complaint, insofar as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (5) of the Act, be, and the same is hereby dismissed. It is further ordered that the complaint be, and it hereby i^ dismissed with respect to the discharges of Norman Krumeich, Bert Kiams, Rene Schwertz, Harry Grant, Stephen Kury, and Paul Greulich. On December 28, 1938, the Board issued its order approving the above agreement and transferring the proceeding to the Board for the purpose 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 I. THE BUSINESS OF THE RESPONDENT The respondent, a New Jersey corporation, has its principal office and place of business at Linden, New Jersey. It is engaged in the manufacture, sale, and distribution of vanity cases and other cos- 1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD metic cases, cigarette cases and lighters, dresser sets, and related products. The principal raw materials used by the respondent in its operations are brass and lacquer, about 50 per cent of which are shipped to the respondent's plant from points outside the State of New Jersey. Approximately 95 per cent of the finished products manufactured by the respondent are sold and shipped by it to points outside of the State of New Jersey. The approximate annual cost of the raw materials purchased by the respondent is more than $150,000 and the approximate annual sales value of the products manufactured by the respondent is more than $500,000. We find that the above-described operations constitute a contin- uous 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Volupte, Inc., Linden, New Jersey, and its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the adminis- tration of the Volupte Employees Mutual Benefit Association, or with the formation and administration of any labor organization of its employees, and contributing support to the Volupte Employees Mutual Benefit Association, or any other labor organization of its employees; (b) Discouraging membership in International Association of Machinists, Lodge No. 315, or any other labor organization of its employees, by discriminating in regard to hire or tenure of employ- ment or any term or condition of employment; (c) Giving effect to the contracts dated May 3, 1938, and May 14, 1938, between the respondent and Volupte Employees Mutual Benefit Association ; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of the 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 purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Volupte Employees Mutual Benefit Association as the representative of any of its employees for VOLUPTE INC., ET AL. 1005 the purpose of dealing with Volupte, Inc., concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and disestablish the Volupte Employees Mutual Benefit Association as such representative; (b) Offer to Olga Uramie, Louise Defeo,8 Mary Rosich, John Ennis, and Nick Mauiri immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges; (c) Reinstate all of its employees who went on strike on May 23, 1938, and thereafter, to their former or substantially equivalent po- sitions, without prejudice to their seniority or other rights or privi- leges, in the manner provided and subject to the limitations in the aforesaid agreement of settlement dated December 9, 1938, annexed hereto and referred to as Appendix I; (d) Post notices immediately to its employees in conspicuous places within its Linden plant, stating: (1) that the respondent will cease and desist in the manner aforesaid; (2) that the respondent will withdraw all recognition from the Volupte Employees Mutual Benefit Association as the representative of any of its employees for the purpose of dealing with this respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and that the said Volupte Employees Mutual Benefit Association is completely disestablished as such rep- resentative, and maintain such notices for a period of at least sixty (60) consecutive days from the date of posting; (e) Notify the Regional Director for the Second Region, in writ- ing, within ten (10) days from the date of this order what steps the respondent has taken to comply therewith. IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed. AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed with respect to the discharges of Norman Krumeich, Bert Krams, Rene Schwertz, Harry Grant, Stephen Kury, and Paul Greulich. APPENDIX I e 3. The employer agrees to reinstate to their former or substantially equivalent positions, without back pay, as of Tuesday, January 3, 1939, at 8 A. M., all of the persons now on strike and listed in the In the amendment to the complaint this name was spelled Defee. e Only those parts of the Agreement of Settlement that pertain to the subject of rein- statement are set forth here. 1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD schedule annexed hereto and marked Schedule A, subject to para- graphs 4 and 5 hereof. 4. The employer agrees that in order to provide employment for the persons listed in Schedule A, it will discharge before Saturday noon, December 31, 1938, all of the persons now employed by it who were hired after the beginning of the strike on May 23, 1938. 5. The employer agrees to furnish employment to all of the persons listed in Schedule A to the extent to which work is available for them, the persons to be employed according to the departmental seniority enjoyed by them as of February 7, 1938, the seniority of such employees being described in Schedule B hereto attached and made part hereof; if sufficient work is not available for all of the employees listed on Schedule A, those not rehired shall be placed upon a preferential list and no new employees shall be hired unless such persons have been reemployed. 6. The terms "seniority" and "departmental seniority" as used throughout this agreement shall have the same meaning as that con- tained in the final decree of the Chancellor of New Jersey in the matter of Volupte, Inc., and International Association of Machinists, a true copy of which is annexed hereto as Schedule C; provided that persons hired after February 7, 1938 and before May 23, 1938, shall be entitled to such seniority as shall date from the respective dates of their employment. 7. The employer agrees that beginning Tuesday, January 3, 1939, no tool making work of any description shall be carried on in the plant except by Alfred Bellingrath and John Felsch, as long as any of the tool makers now on strike and listed in Schedule D annexed hereto are without employment; all new tool makers hired shall be chosen in order of seniority from the list annexed hereto and marked Schedule D ; the employer agrees to have no tool making work done in the Linden plant except between the hours of 8 A. M. and 4:30 P. M. nor at the home of any employee. 8. The employer agrees that the examiners listed in Schedule E annexed hereto shall likewise be placed upon a preferential list to be rehired after all of the employees on Schedule A have been rehired, it being understood that any vacancies in employment for which said examiners are qualified or can be qualified shall be filled by hiring said examiners before any new employees are hired and before any employees discharged by this agreement are rehired, provided that no examiner shall have the status of an employee until rehired. 9. The employer agrees to rehire Joseph Marion Schlahetka on or before Monday, December 12, 1938, at 8 A. M. in the maintenance department, and to receive the rate of 500 per hour for such work dur- ing the first month of employment, 550 per hour during the second VOLUPTE INC ., ET AL. 1007 month, and 600 per hour thereafter ; provided that said Schlahetka shall retain in the maintenance department , the departmental seniority formerly enjoyed by him and listed on the seniority list of February 7, 1938. 10. The employer need not reinstate William Korb , for whom a separate private agreement is being made. 11. In the distribution of work or employment on and after January 3, 1939, the principles of departmental seniority as defined herein shall be strictly adhered to. SCHEDULE A [A=Assembly. FP=Foot Press. PP=Power Press] A Yolanda DeFeo A Cecilia Spitalny PP Charles Gaydos A Julia Tamkus FP Anna Golda A Helen Tratulis A Bertha Kopic PP Edward Thornton FP Anna Koste FP Elizabeth Weilandics FP Beatrice Kunzelman PP Anthony Walendziuski A Josephine Labonia PP Robert Shook A Dorothy Lamont PP Stewart Shook FP Evelyn Nartowitz FP Catherine Costanzo A Mary Nerges PP Andrew Prutko FP Julia Sandifer SCHEDULE B Building B-Senriority by departments ORNAMENTATION Date hired 1924-------- ------------- 1920- -------------------- 8/28/34------------------- 1928--------------------- 11/5/35------------------- 9/9/36-------------------- 9/15/36------------------- 11/5/36------------------- Name No. Mary Besermin , assistant forelady. Fanny De Crescenzi Louise De Fe (not needed). 21 11 30 REPAIR DEPARTMENT [Building B , customer's repairs to be discontinued] Mary Besermin, assistant forelady, 2/18/38. Mildred Tomlinson. Bernice Zack. Ann Swisstack. Beatrice Tomlinson. Anne Szabo. 21 28 86 4 53 61 PACKING DEPARTMENT FEBRUARY 7, 1938. 1929--------------------- 21 I 22 Mary Besermin , assistant forelady. A N Besermin. 1930--------------------- 3 Yolanda De Feo. 8/18/33------------------- 58 Mae Steffan. 1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Building B-Seniority by departments-Continued FILLING DEPARTMENT Date hired No. Name 1925--------------------- 3/26/31------- ------ ---- -- 8/28/34------------------- 7/21/33------------------- 10/1/37------------------- 8/7/33-------------------- 8/28/34------------------- 9/4/34-------------------- 8/29/35------------------- 9/2/35-------------------- 1/27/37------------------- 5/20/36------------------- 7/24/36------------------- 8/17/36------------------- 8/18/36------------------ 8/31/36------------------- 5/4/37-------------------- 8/10/37------------------- 8/10/37------------------- 8/10/37------------------- 20 76 30 41 135 Victoria Poyner, assistant forelady Mary Nerges. Louise Do Feo (not needed). STOCK DEPARTMENT Anita Cogliolo. Thomas Thomas. EXAMINING DEPARTMENT [This department eliminated entirely] 43 30 25 35 37 6 369 9 60 67 50 324 31 300 299 Dorothy Lamont, out. Louise Do Feo, to be layed off 2/9/38. Margaret Anderson, to be layed off 2/7/38. Elizabeth Vamos, out. Ann Hubley, out. Rose Tietelbaum, out. Anna Koste, to be layed off 2/9/38. Frieda Krakowiecki, out. Florence Cohen. out. Helen Paserba, out. Evelyn Friedman, out. Catherine Costanzo, to be layed off 2/9/38. Veronica Besermin, to be layed off 2/7/38. Mary Weiss, to be layed off 2/8/38. Anna Steffera, to be layed off 2/8/38. ENGINE TURNING DEPARTMENT 5/20/36___________________ 389 I Anna Koste (not needed). DRESSER SET DEPARTMENT 9/1/33--------------------I 91 I Tessie Ward (needed temporarily). FOOT PRESS DEPARTMENT 1925--------------------- 348 Joseph Slachetka, assistant foreman 9/3/35-------------------- 351 Catherine Souza. 9/4/35-------------------- 353 Rose Le Boeuf. 3/6/36-------------------- 372 Ralph Pillo. 5/2/36-------------------- 319 Olga Serwin. 5/13/36 ------------------- 359 Josephine Francis. 7/10/36------------------- 355 Anna Hasulak. 8/25/36------------------- 375 Mary Monek. 11/30/36------------------ 367 Julia Sandifer. 1/14/37------------------- 356 Mary Ormond. 1/18/37------------------- 357 Veronica Benbrook. 1/25/37------------------- 370 Evelyn Nartowitz. 1/27/37------------------- 362 Marie Colinek. 2/17/37 ------------------- 368 Anna Golda. 2/24/37------------------- 321 Olga Legesta. 3/12/37------------------- 366 Elizabeth Wielandics. 4/7/37-------------------- 358 Jean Kosierowski. 6/1/37-------------------- 361 Ethel Idanitski. 8/9/37-------------------- 363 Eleanor Carpin. 8/10/37------------------- 364 Elizabeth Mascenik. 8/10/37------------------- 297 Frances Twibill. 9/7/37-------------------- 352 Ella Yuhasz. 9/27/37------------------- 350 Beatrice Kunzelmann. 9/30/37------------------- 322 Anna Kwiatek. 10/Q37 ------------------- 323 Theresa Malinowsky. 324 Catherine Costanzo (not needed). 369 Anna Koste (examiners working in foot press department). VOLUPTE INC., ET AL. Building B-Seniority by departments-Continued POWER PRESS DEPARTMENT Date hired No. Name 1922--------------------- 336 George Bobak, assistant foreman. 1925--------------------- 342 Nick Maiuri. 1929--------------------- 340 John Ennis. 3/11/37------------------- 344 Robert Shook. 6/ 14/37 ----- -------------- 339 Stewart Shook. 7 /19/37------------------- 334 Joe Costantino. 8/10/37----------- -------- 345 Robert Tempalsky 9/9/37-------------------- 338 Edward Thornton. 9/27/37--- ---------------- 331 Andrew Prutko. 10/7/37------------------- 347 Charles Gaydos. 10/11/37------------------ 327 Anthony Walendzinski. Building A-Assembly department-seniority by departments FELT DEPARTMENT 1009 11/25/35------------------ 392 Lois Thomas. 8/25/36------------------- 384 Helen Risko. 9/20/37------------------- 391 Eleanor Phillips. ASSEMBLERS 6/13/33------ ------------- 382 Peggy Wilson, assistant forelady. 1/27/36----- ----------°° 383 Josephine Labonla. 8/24/36- ------------------ 393 Bertha Kopec. 11/30/36------------------ 390 Freedom Flynn, second assistant forelady. 11/30/36------------------ 360 Helen Kassel. 1/25/37---- --------------- 389 Mary Rosich. 6/22/37- ------------------ 388 Julai Tamkus. 8/13/37----- -------------- 394 Olga Uramie. 8/26/37----- -------------- 380 Margaret Deardorff. 8/26/37------------------- 381 Helen Tratulis. 8/27/37------------------- 377 Genevieve Kawalec. 8/27/37------------------- 378 Gertrude Kenny. REPAIR DEPARTMENT-GENERAL REPAIRS 10/26/36------------------ 371 299 300 Margaret Nixon, building A, assembly. Anna Staff era (not needed). Mary Weiss (examiners working assembly department) DISTRIBUTION DEPARTMENT 8/25/36------------------- 2/8/37-------------------- 6/21/37------------------- 8/16/37------------------- 320 346 328 329 Joseph Hasulak, acting foreman. John Babinec. Joseph Mascenik. William Hutchinson. MAINTENANCE DEPARTMENT 2/4/36-------------------- 1930--------------------- 9/30/37------------------- 271 337 274 Dominick Santella, foreman. Gilbert Williams. Louis Shellhamer. LIGHTER DEPARTMENT 8/23/37------------------- 12/1936-- ----------------- 278 376 Frederick Geraldi, assistant foreman. John Sabak (not needed). SHIPPING DEPARTMENT 1928--------------------- 8/24/36 ------------------- 96 136 Frank Petrulla. John Evans. I. E. RoBINSON, Superintendent. 1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SCHEDULE C 121/157 IN CHANCERY OF NEW JERSEY Between VoLurTE, INC., a corporation of New Jersey, complainant, and INTERNATIONAL ASSOCIATION OF MACHINISTS, etc., et als., defendants On bill, dc., final decree This matter coming on to be heard in the presence of Charles J. Stamler, Solicitor for the complainant, and Isserman, Isserman, Rothbard and Kapelsohn, Solicitors for the defendants, Interna- tional Association of Machinists, affiliated with the American Fed- eration of Labor, John D. Lengel and Lawrence Carrol, its business representatives, and individually, and Emanuel Oransky, Solicitor for the defendants, Metal Polishers, Buffers, Platers and Helpers In- ternational Union, Local #44, affiliated with the American Federa- tion of Labor, and Herman J. Dumpert and John J. Flynn, its busi- ness representatives, and individually. And it further appearing that matters in controversy between the International Association of Machinists, and the Metal Polish- ers, Buffers, Platers and Helpers International Union aforesaid have been adjusted by a memorandum agreement duly executed, which is hereto annexed and made part hereof, and by reason of the mak- ing of the said agreement, the said complainant will be relieved from further interference in the operation of its business, excepting as provided for in the agreements between the parties hereto, and as modified by the agreement annexed hereto. It is, therefore, on this 28th day of March 1938 upon consent hereunto underwritten, ORDERED, ADJUDGED and DECREED that the said memorandum agreement entered into on the 28th day of January, 1938, between the defendants, Local #315 of the International Asso- ciation of Machinists, and Local #44 of the Metal Polishers, Buffers, Platers and Helpers International Union, is deemed to be and forms part of the contracts between the complainants and the said de- fendants, and the same to continue in full force and effect during the life of the said agreements between the complainants and defendants. And it further appearing from the second cause of action filed in this cause, that a dispute has arisen between the complainant and the International Association of Machinists as to the true in- tent and- meaning of the language used in Paragraph 7 of said con- tract, to wit : "Seniority rights shall prevail at all times," and the defendant, the International Association of Machinists, and the com. VOLUPTE INC., ET AL. 1011 plainant having agreed that the true intent and meaning of the words, "Seniority rights shall prevail at all times" shall be deemed for the purpose of said contract to mean : "Seniority rights shall prevail at all times separately in each of the departments, to wit, power, press, foot press, assembly, inspec- tion, packing, shipping, distributing, stock, maintenance, engine turning, and soldering. "Seniority rights in each department shall be further determined by the date of employment and not by the date of assignment to the particular department. In the event there be a consolidation or combination of any two or more departments, all of the employees of the consolidated departments shall be considered employees in the new department and their seniority rights shall be based in accord ante with the provisions herein set forth. "Seniority rights are further to be construed to mean that em- ployees who are laid off because of lack of work in the department that they are employed shall be placed on the department preferen- tial list and shall be re-employed in accordance with such seniority rights and that no new employees shall be employed in any depart- ment unless specially skilled help is required, until the preferential list is completely exhausted. "The words `seniority rights shall prevail at all times' shall not apply generally to all of the departments as one group, but to each department singly only." It is, therefore, by virtue of an Act entitled, "An Act Concerning Declaratory Judgments and Decrees" of the State of New Jersey, ORDERED, ADJUDGED and DECREED that the words or language used in the contract existing between the complainant and the defendant, International Association of Machinists, to wit, "Seniority rights shall prevail at all times" is hereby construed and declared to mean : "Seniority rights shall prevail at all times separately in each of the departments, to wit, power, press, foot press, assembly, inspection, packing, shipping, distributing, stock, maintenance, engine turning. and soldering. "Seniority rights in each department shall be further determined by the date of employment and not by the date of assignment to the particular department. In the event there be a consolidation or combination of any two or more departments, all of the employees of the consolidated departments shall be considered employees in the new department and their seniority rights shall be based in accord- ance with the provisions herein set forth. "Seniority rights are further to be construed to mean that em- ployees who are laid off because of lack of work in the department 1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that they ai e employed shall be placed on the department preferen- tial list and shall be re-employed in accordance with such seniority rights and that no new employees shall be employed in any depart- ment unless specially skilled help is required, until the preferential list is completely exhausted. "The words `Seniority rights shall prevail at all times' shall not apply generally to all of the departments as one group, but to each department singly only." It is further ORDERED, ADJUDGED and DECREED that the rule to show cause issued on the 12th day of January, 1938, and the restraint therein contained, be and the same hereby are vacated. Memorandum of agreement entered into on January 28, 1938, be- tween Local #315 of the International Association of Machinists and Local #44 of the Metal Polishers, Buffers, Platers & Helpers International Union. 1. It is understood that at the present time both of said Locals have written agreements with VOLUPTE, INC., of Linden, N. J., covering the working conditions of members of said respective Locals who are employed by the said company. At the present time, a num- ber of said employees, members of Local #315, have been laid off by the company, which claims that the lay-offs are actually due to a jurisdictional dispute between said Locals. 2. Local #315, in order to settle all question of such dispute, agrees that all employees of said company in the departments covered by clauses "B" to "F" inclusive of Paragraph "5" of said contract, dated May 1, 1937, between the company and Local 44, shall now and here- after be within the jurisdiction of Local 44. 3. Local 44, for the same purpose, agrees that all of said laid-off employees who shall be re-employed or restored to work in any of said departments shall thereupon immediately be accepted into mem- bership in Local 44. Local 44 also agrees that it will at once and hereafter make every honest effort in its power to secure an agree- ment from said employer placing said laid-off employees on a pref- erential list, and providing for their reinstatement to work before any new help is hired by Volupte, Inc., in said departments. 4. It is agreed by both Locals that the above terms and settlements shall not be recognized or construed as establishing any precedent to govern the settlement of any future jurisdictional disputes between said International Association of Machinists and Metal Polishers, Buffers, Platers & Helpers International Union, in respect to em- ployees of other employers. VOLUPTE INC., ET AL. 1013 SCHEDULE D (TooL MAKERS) Norman Krumeich Harry Grant Bert Krams Stephen Kury Rene Schwerts Paul Greulich SCHEDULE E (EXAMINERS) Ann Heubley Helen Paserba Frieda Krakowiecki 164275-39- -vol. xi-65