Consolidated Cigar Corp.

In the Matter of CONSOLIDATED CIGAR CORPORATION and UNITED TOBACCO WORKERS INDUSTRIAL UNION, AFFILIATED WITH THE C. 1. 0. Case No. C-1140-Decided March 10, 1939 Csgar Manufacturing industry-Settlement : stipulation providing for compli- ance with the Act, including reinstatement of discharged employees with back pay-Order: entered on stipulation. Mr. Weldon P. Monson, for the Board. Mr. Herbert H. Maass, and Mr. Monroe L. Friedman, of New York City, and Mr. William H. Carr, of Philadelphia, Pa., for the respondent. Mr. Philip Dorfman, of Philadelphia, Pa., for the Uniori. Mr. Ralph Winkler, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Tobacco Workers Industrial Union, affiliated with the C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadel- phia, Pennsylvania) issued its complaint,' dated October 26, 1938, against Consolidated Cigar Corporation,2 Lancaster, Pennsylvania, 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 s A consolidated complaint was issued, in accordance with an Order of Consolidation, dated August 25, 1938, in which the Board, pursuant to Article II, Section 37 (b), of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered a consolidation of the principal case with Matter of Consolidated Cigar Company and Minerva Katz, Case No. IV-C-340, and Matter of Consohdated Csgar Company and United Tobacco Workers IndU8trial Unson, Affiliated with the C. 1. 0., Case No. IV-C-417. On February 14, 1939, however, the Board ordered the principal case severed from Cases Nos. IV-C-340 and IV-C-417. The matters herein discussed are those which relate only to the principal case. 2 Designated Matter of Consolidated Cigar Company, a corporation, in the complaint and other pleadings. 11 N. L. R. B., No. 93. 1075 1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Act. A copy of the complaint, accompanied by notice of hear- ing, was duly served upon the respondent and the Union. The complaint alleged , in substance, that the respondent dis- charged Anthony Diego and Verna Nuss on or about October 12, 1937, and January 17, 1938, respectively, and thereafter refused to reinstate them because they joined and assisted the Union, thereby discriminating in regard to hire and tenure of employment and dis- couraging membership in the Union ; and that by these acts and other acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent filed an answer denying that it had en- gaged in any unfair labor practices within the Act, and alleging affirmatively that the named employees had been discharged for cause. Pursuant to notice, a hearing was held at Lancaster, Pennsylvania, on December 19, 1938, and January 3, 1939, and at Philadelphia, Pennsylvania, from January 5 to January 11, 1939, and on January 17 and 18, 1939, before William H. Griffin, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board were represented by counsel and participated 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. On February 9, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : STIPULATION It is hereby stipulated by and between Consolidated Cigar Corporation, respondent herein, United Tobacco Workers Indus- trial Union, affiliated with the C. I. 0., a party herein, and Weldon P. Monson, attorney for the National Labor Relations Board, that : I. Upon charges duly filed by the United Tobacco Workers Industrial Union, affiliated with the C. I. 0., the National Labor Relations Board, by the Regional Director for the Fourth Re- gion, acting pursuant to authority granted in Section 10 (b) of tale National Labor Relations Act, 49 Stat. 449, and its Rules and Regulations, Series 1, as amended, Article 4, Section 1, is- sued its complaint on the 26th day of October, 1938, against the Consolidated Cigar Corporation, respondent herein. II. This stipulation, together with the charge, and amended charges, complaint, notices of hearing, and Rules and Regula- tions of the National Labor Relations Board, may be introduced as evidence by filing them with the Trial Examiner of the Na- CONSOLIDATED CIGAR CORPORATION 1077 tional Labor Relations Board designated by said Board to con- duct a hearing herein. III. The taking of further testimony or evidence before the Examiner in the matter and as concerning the charges and amended charges and allegations in the complaint relating to the respondent's Lancaster Plant and employees therein, or the making of findings of fact and conclusions by the Board pur- suant to the provisions of the National Labor Relations Act, are hereby expressly waived by the respondent. IV. Upon this stipulation, if approved by the National Labor Relations Board, and upon the pleadings (Board's Exhibit No. I), and the stipulation on commerce (Board's Exhibit No. II), an order may forthwith be entered by said Board and by the appropriate United States Circuit Court of Appeals, without further notice of the application for enforcement thereof, pro- viding as follows : The respondent, Consolidated Cigar Corporation and its oil- cers, agents, successors and assigns at its Lancaster Plant and as concerning its employees therein, shall : 1. Cease and Desist- (a) from, in any manner, interfering with, restraining or co- ercing its employees in the exercise of their rights to self-or- ganization, 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) from discouraging membership in United Tobacco Work- ers Industrial Union, Local #638, affiliated with the C. I. 0., or any other labor organization of its employees by discriminat- ing against employees in regard to hire or tenure of employ- ment or any condition of employment or in any other manner. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act- (a) offer to Verna Nuss and Anthony Diego immediate and full reinstatement to their former positions of employment upon the reopening of its Lancaster Plant without prejudice to their seniority, if any, and other rights and privileges ; (b) make whole the said Verna Nuss and Anthony Diego for loss of pay suffered, by payment to each of them, respectively, immediately upon the approval of this stipulation by the Board, the sum set forth following his or her name appearing on an- nexed sheet marked "A" herein,3 which sum is in full settlement a Set forth in Appendix A of the Board's order, infra. 164275-39-vol xi-69 1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the amount which each would have earned as wages from the dates of their respective discharges on October 12, 1937, in the case of Anthony Diego; and on January 17, 1938, in the case of Verna Nuss, to said date of payment; - (c) post and keep visible in prominent places at each en- trance of the respondent's buildings at its Lancaster Plant for a period of sixty (60) days after receipt, copies of the order entered by the National Labor Relations Board, and notices stating that the respondent will cease and desist in the manner aforesaid and respondents will take the affirmative action as aforesaid; (d) notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing Order within sixty (60) days from the date of its entry by the Board. V. It is stipulated and agreed that the appropriate United States Circuit Court of Appeals may, upon application of the National Labor Relations Board, enter a decree enforcing the aforesaid Order of the Board, respondent hereby expressly waiving its rights to contest the entry of such decree in the ap- propriate United States Circuit Court of Appeals, and, further, expressly waiving its rights to receive notice of the filing by the National Labor Relations Board of an application for the entry of such decree. VI. It is understood that this stipulation is deemed to be a voluntary adjustment by the parties hereto of all charges against the respondent with respect to its Lancaster Plant to the date hereof. VII. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On February 14, 1939, the Board issued an order approving the above stipulation. On the same day, the Board, acting pursuant to Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the proceeding in the case transferred to and continued before the Board. On the basis of the above stipulation and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT4 Consolidated Cigar Corporation, a Delaware corporation with principal offices in New York City and Philadelphia, Pennsylvania, is engaged in the manufacture, sale, and distribution of cigars; it maintains plants at Philadelphia, Pennsylvania, Poughkeepsie, New 4 These findings are based on stipulated facts. CONSOLIDATED CIGAR CORPORATION 1079 York, and at Lancaster, Pennsylvania, the plant here involved. In addition, the respondent owns the G. H. P. Cigar Company, Inc., and the Silberman-Kahn Corporation. The principal raw materials used by the respondent are leaf to- bacco, fillers, binders, wrappers, gum, boxes, labels, bands, and cello- phane. During the period of 1937 and the first 9 months of 1938, the respondent obtained from outside the State of Pennsylvania ap- proximately 90 per cent of the raw materials used at its Lancaster plant; and for the same period it shipped outside the State approxi- mately 90 per cent of the finished products of its Lancaster plant. The gross dollar volume of the respondent's business at its Lancaster plant during the year 1937 was approximately $2,000,000. The re- spondent stipulated that it was engaged in interstate commerce within the meaning of the Act. 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 the respondent, Consolidated Cigar Corporation, and its officers, agents, successors, and assigns at its Lancaster plant, and as concerning its employees therein, 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 National Labor Relations Act; (b) Discouraging membership in United Tobacco Workers In- dustrial Union, Local #638, affiliated with the C. I. 0., or any other labor organization of its employees by discriminating against em- ployees in regard to hire or tenure of employment or any condition of employment, or in any other manner. 2. Take the following affirmative action, which the Board finds will effectuate the polices of the Act : (a) Offer to Verna Nuss and Anthony Diego immediate and full reinstatement to their former positions of employment, upon the reopening of its Lancaster plant, without prejudice to their seniority, if any, and other rights and privileges; (b) Make whole the said Verna Nuss and Anthony Diego for loss of pay suffered, by payment to each of them, respectively, the sum 1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD set forth following his or her name appearing on Appendix A at- tached hereto, which sum is in full settlement of the amount which each would have earned as wages from the dates of their respective discharges on October 12, 1937, in the case of Anthony Diego; and on January 17, 1938, in the case of Verna Nuss, to said date of payment ; (c) Post and keep visible in prominent places at each entrance of the respondent's buildings at its Lancaster plant, for a period of sixty (60) days after receipt, copies of this order and notices stating that the respondent will cease and desist in the manner aforesaid, and that respondent will take the affirmative action as aforesaid; (d) Notify the Regional Director for the Fourth Region, in writing, of compliance with the foregoing order within sixty (60) days from the date of its entry by the Board. APPENDIX A SCHEDULE OF PAYMENT Employee : Amount to receive Verna Nuss ---------------------------- $360.80 Anthony Diego------------------------- 139.20 Total--------------------------------- $500.00