The Mode Novelty Co.

In the Matter of THE MODE NOVELTY Co. and UNITED USED PRODUars WORKERS LOCAL INDUSTRIAL UNION, No. 132, C. I. O. Case No. C-1219.-Decided April 27,1939 Hat Manufacturing Industry-Settlement : stipulation providing for compli- ance with the Act-Order: entered on stipulation. Mr. Richard J. Hickey, for the Board. Mr. Jacob Lipman, of Newark, N. J., for the respondent. Mr. Samuel L. Rothbard, of Newark, N. J., and Mr. Stanley Ed- wards, of Akron, Ohio, for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and amended charges duly filed by United Used Products Workers Local Industrial Union, No. 132, affiliated with the Congress of Industrial Organizations, 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 8, 1938, against The Mode Nov- elty Co., Newark, New Jersey, 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), (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 accompanied by notice of hearing was duly served upon the respondent and the Union. The respondent filed an answer dated October 18, 1938, in which it admitted the allegations of the com- plaint concerning the nature and scope of its business but denied the allegations of unfair labor practices. Concerning the unfair labor practices the complaint alleged, in substance, that although a majority of the respondent's employees in an appropriate unit designated the Union as their representative for purposes of collective bargaining, the respondent refused to bar- gain collectively with the Union; that following a strike of the em- ployees, brought about by the respondent's aforesaid refusal to 12 N. L. R. B., No. 59. 501 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bargain collectively with the Union, the respondent locked out, dis- charged, and refused to reinstate certain named employees because they joined and assisted the Union and engaged in other concerted activities for the purpose of collective bargaining and other mutual aid and protection; and that the respondent, by the aforesaid activi- ties and by urging, persuading, and warning its employees to refrain from becoming or remaining members of the Union, by threatening its employees with discharge and other reprisals if they became or remained members of 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. After several postponements, notices of which were duly served upon the parties, a hearing was held on February 27 and 28, 1939, at Newark, New Jersey, before Henry J. Kent, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing upon the issues was af- forded all parties. During the hearing on February 28, 1939, the Trial Examiner received in evidence without objection a stipulation in settlement of the case entered into by the respondent, the Union, and counsel for the Board on February 27, 1939. The hearing was then closed. Thereafter, the parties entered into an amendment to the stipulation. The stipulation and the amendment to the stipula- tion are set forth below : STIPULATION Whereas, the National Labor Relations Board issued a com- plaint on October 8, 1938 based upon charges made by the United Used Products Workers Local Industrial Union No. 132, C. I. 0., that the Mode Novelty Company located at 242-13th Avenue, Newark, New Jersey, has engaged in and,is engaging in certain unfair labor practices affecting commerce, which prac- tices are more particularly described in said complaint; and Whereas, said The Mode Novelty Company hereinafter re- ferred to as the Respondent has filed an Answer to said Com- plaint denying the charges against it therein contained; and Whereas, a hearing upon the pleadings has commenced, testi- mony has been taken, and evidence submitted, and said proceed- ings is now pending before Henry J. Kent, an Examiner duly appointed and authorized for that purpose; and Whereas the parties to said proceedings desire to adjust and settle the matters in difference and in issue among themselves in accordance with the provisions of this stipulation. THE MODE NOVELTY CO. 503 Now, therefore, it is hereby stipulated and agreed as follows : 1. The stipulation entered into between the National Labor Relations Board and the respondent respecting the business oper- ations of the respondent and marked Board's Exhibit No. II is made a part hereof. 2. The respondent and the aforesaid union have this day entered into a contract. 3. The respondent shall : (1) Cease and desist from (a) In any manner interfering with, restraining, or coerceing [sic] their employees in the exercise of the rights to self-organi- zation, 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 by Section 7 of the National Labor Relations Act; (b) From discouraging membership in the United Used Prod- ucts Workers Local Industrial Union No. 132, C. I. 0., or any other labor organization of their employees by locking out, or in any 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 the United Used Products Workers Local Industrial Union No. 132, C. I. O. (c) From refusing to bargain collectively with the United Used Products Workers Local Industrial Union No. 132, C. I. O. as the exclusive representative of their production employees. (2) To take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon application in writing addressed to the Mode Nov- elty Company, Newark, New Jersey, within ten (10) days of approval of this stipulation by the Board shall place upon a preferential employment list of the respondent each of the em- ployees named in Schedule A2 annexed hereto and made a part hereof who make such application without prejudice to their seniority or other rights and privileges previously enjoyed and shall rehire said employees at their former positions or equiva- lent positions when additional help is required by respondent. Ida Way, Evelyn Schenck and Lola Smith shall be immedi- ately rehired by respondent. (b) Upon request, bargain collectively with the United Used Products Workers Local Industrial Union No. 132, C. I. O. as 1 Board Exhibit No. II Is omitted, since the pertinent facts contained therein are set forth in the findings concerning the respondent's business. 2 See Schedule A of the Decision and Order, infra. 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the exclusive representative of all their production employees or with the affiliated organization of said union to which the em- ployees within the respective unit may have transferred their membership with respect to rates of pay, hours of employment and other conditions of employment. (c) Post and keep visible in a prominent place in the plant of respondent for a period of thirty (30) days after receipt of copies of the order entered by the National Labor Relations Board, notices stating that the respondent will cease and desist in the manner aforesaid and respondent will take the affirmative action as aforesaid; (d) Notify the Regional Director for the Second Region in writing of compliance of this order within thirty (30) days from the date of its entry by the Board. 4. Foregoing shall constitute a disposition of all issues alleged in complaint. 5. It is further stipulated and agreed that the United States Circuit Court of Appeals for the Second Circuit may upon ap- plication by 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 said decree in the United States Circuit Court of Appeals for the Second 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. 6. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. AMENDMENT TO STIPULATION Whereas the United Used Products Workers Local Industrial Union #132, C. I. 0., the Mode Novelty Company and the National Labor Relations Board entered into a stipulation in the above entitled proceedings on the 27th day of February 1939, and whereas the aforesaid parties to said proceedings desire to amend said stipulation, Now therefore, it is hereby further stipulated and agreed as follows: That the aforesaid parties consent to the entry by the Na- tional Labor Relations Board of an order in the above entitled proceedings, based upon and in accordance with the terms of the aforesaid stipulation dated February 27th, 1939. On March 22, 1939, the Board issued its order approving the above stipulation, as amended, making it a part of the record, and transferring the proceeding to the Board for the purpose of entry THE MODE NOVELTY CO. 505 of a decision and order by the Board pursuant to the provisions of the stipulation, as amended. Upon the entire record in the case, the Board makes the following : FINDINGS OF FAO' 1. THE BUSINESS OF THE RESPONDENT The respondent, a New Jersey corporation with its offices and plant at Newark, New Jersey, is engaged in the manufacture and sale of novelty hats. The principal raw material purchased by the respond- ent is felt. During the year 1938 the respondent purchased felt amounting in value to approximately $12,000, about 98 per cent of which was purchased outside the State of New Jersey. During the same year the respondent sold novelty hats amounting in value to approximately $23,000, of which about 90 per cent were shipped to points outside the State of New Jersey. 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 Mode Novelty Co., Newark, New Jersey, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the 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 by Section 7 of the National Labor Relations Act; (b) Discouraging membership in the United Used Products Workers Local Industrial Union No. 132, C. I. 0., or any other labor organization of its employees by locking out, or in any manner discriminating against its employees in regard to the hire or tenure of employment or condition of employment of any of its employees by reason of their membership in the United Used Products Workers Local Industrial Union No. 132, C. I. 0.; (c) Refusing to bargain collectively with the United Used Prod- ucts Workers Local Industrial Union No. 132, C. I. 0., as the ex- clusive representative of its production employees. 506 DECISIONS OF NATIONAL LABOR RELATIONS 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 The Mode Novelty Co., Newark, New Jersey, within ten (10) days of approval of the afore-mentioned stipulation by the Board, place upon a preferential employment list of the respondent each of the employees named in Schedule "A" annexed hereto and made a part hereof who makes such application, without prejudice to their seniority or other rights and privileges previously enjoyed, and rehire said employees at their former positions or equivalent positions when additional help is re- quired by the respondent. Ida Way, Evelyn Schenck, and Lola Smith shall be immediately rehired by the respondent; (b) Upon request, bargain collectively with the United Used Products Workers Local Industrial Union No. 132, C. I. O. as the ex- clusive representative of all its production employees or with the affiliated organization of said union to which the employees within the respective unit may have transferred their membership with re- spect to rates of pay, hours of employment, and other conditions of employment; (c) Post and keep visible in a prominent place in the plant of the respondent for a period of thirty (30) days after receipt of copies of this Order notices stating that the respondent will cease and desist in the manner aforesaid and that the respondent will take the affirmative action as aforesaid; (d) Notify the Regional Director for the Second Region in writ- ing of compliance of this Order within thirty (30) days from the date of its entry by the Board. SCHEDULE A David Jones John E. Streeter Addie Jackson Marion Hamilton Lola Smith Evelyn Schenck Lulu Davis Ida Davis Ida Way Harriet Jackson Pauline Gregory Rose Banks Tom Taylor Richard Jones Sadie Lenza Joseph Torre Ruby De Loache