Best Coat & Apron Mfg.Co., Inc.

In the Matter of BEST COAT & APRON MFG. Co., INC. and AMAL- GAMATED CLOTHING WORKERS OF AMERICA, LOCAL No. 169, C. I. O. Case No. C-1192.Decided May 00, 1939 Garment Manufacturing Industry-Settlement: stipulation providing for com- pliance with the Act including withdrawal of recognition and disestablishment of company-dominated union-Order : entered on stipulation-Complaint: dis- missed as to discharges of two persons. Mr. Will Maslow, for the Board. Zimmerman & Zimmerman, by Mr. Bernard Zimmerman, of New York City, for the respondent. Mr. David M. Schlossberg, of New York City, for the Union. Mr. Samuel L. Marcus and Mr. Eli Bensky, of New York City, for the Independent. Mr. Richard A. Williams, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Amalgamated Clothing Workers of America, Local No. 169, 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), is- sued its complaint dated October 14, 1938, and its amendments to the complaint dated November 17, 1938, against Best Coat & Apron Mfg. 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), (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 com- plaint and the amendments to the complaint and notices of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint, as amended, alleged, in substance, that the respondent had dominated and inter- 12 N. L. R B., No. 111. 1115 1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fered with the formation and administration of several labor organi- zations among its employees, one of which was known as the Cotton Goods Workers Union and which was succeeded by the Independent Workers' Union,' herein called the Independent; that the respondent had terminated the employment of and had refused to reinstate two named employees 2 because they had joined and assisted the Union and engaged in other concerted activities for the purposes of collec- tive bargaining and other mutual aid and protection; and that the respondent, by the afore-mentioned activities, and by urging, per- suading, and warning its employees to refrain from becoming or remaining 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. Thereafter, the respondent filed its answer and its amended an- swer 3 in which it admitted the allegations concerning the nature and scope of its business, but denied the allegations of unfair labor prac- tices. On January 14, 1939, counsel for the Board filed with the Regional Director a notice that at the commencement of the hear- ing of the case he would move the Trial Examiner to amend the com- plaint in certain particulars. A copy of the notice was duly served on the respondent, the Union, and the Independent. On January 17, 1939, the respondent filed a motion for a bill of particulars relating to various allegations of the complaint. On January 19, 1939, coun- sel for the Board served a bill of particulars upon the respondent, the Union, and the Independent. Thereafter, the Independent filed its motion to intervene in this proceeding 4 and to consolidate this proceeding with a case based on a petition for investigation and certification of representatives previously filed by the Independent.,, After several postponements, notices of which were duly served upon the parties, a hearing was held at New York City, from Janu- ary 30 to February 3, 1939, before Martin Raphael, the Trial Exam- iner duly designated by the Board. The respondent, the Union, the Independent, 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. 1 Erroneously referred to in the complaint , as amended , as the "Independent Union." 2Julia Biagi and Rina Taddei Due to a typographical error the name Rina Taddel appears as Rina "Teddei" In paragraph 5 of the amendments to the complaint 8 The respondent stipulated that it was granted extensions of time in which to file its answer and its amended answer. + On January 13, 1939, counsel for the Independent signed an "Admission of Service" of the complaint and amendments to the complaint , notice of hearing thereon , and the Rules and Regulations of the Board. 5 On January 7, 1939, the Independent filed with the Regional Director its petition for investigation and certification of representatives pursuant to Section 9 (c) of the Act. No action was taken on the petition pending a disposition of the complaint case alleging company domination of the Independent. BEST COAT & APRON MFG. CO., INC. 1117 At the beginning of the hearing, the Trial Examiner granted the Independent's motion to intervene, but denied its motion to consoli- date this proceeding with the representation case instituted by the Independent's petition mentioned above. These rulings are 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. During the course of the hearing on January 30, 1939, in accordance with the notice previously served upon the parties, counsel for the Board moved to amend the com- plaint by correcting the Independent's name wherever it appeared in the complaint, as amended, to read "Independent Workers' Union." This motion was granted by the Trial Examiner without objection. During the hearing on February 3, 1939, the respondent, the Union, the Independent, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation and the other documents referred to therein are set out below : 6 STIPULATION It is hereby stipulated and agreed by and between Best Coat & Apron Mfg. Co., Inc.; Will Maslow, attorney, National Labor Relations Board; Amalgamated Clothing Workers of America, Local No. 169, C. I. 0.; and Independent Workers Union, as follows : 1. Best Coat & Apron Mfg. Co., Inc. is engaged in commerce within the meaning of Section 2 of the National Labor Rela- tions Act, and the facts set forth in the stipulation annexed hereto and made part hereof and marked Exhibit A, are hereby admitted and stipulated as true. 2. All of the parties hereby waive their rights to a hearing and to the making of findings of fact and conclusions by the National Labor Relations Board based upon the complaint and amended complaint in the above-captioned proceeding. 3. All of the parties hereby consent to the entry of the order set forth in Exhibit B annexed hereto, made part hereof, and signed by all the parties, although the Best Coat & Apron Mfg. Co., Inc. does not admit any violation of the National Labor Relations Act. 4. All of the parties consent to the entry by an appropriate Circuit Court of Appeals of an enforcement order embodying the terms of the Board's order set forth in Exhibit B. Since it is identical with Appendix A of the Board's Order, Exhibit C of the stipulation is omitted. 1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 5. All of the parties consent to the dismissal of Paragraphs 3 (a), 3 (b) and 3 (c) set forth in the amendments to the com- plaint in the above proceeding. 6. The Independent Workers Union hereby requests the Re- gional Director for the Second Region of the National Labor Relations Board to withdraw its petition for investigation and certification of representatives, pursuant to. Section 9c of the National Labor Relations Act verified December 29, 1938. 7. This stipulation shall not go into effect unless and until it has received the approval of the National Labor Relations Board. EXHIBIT A STIPULATION The following facts are hereby stipulated and agreed by and between the undersigned with the same force and effect as if properly qualified witnessee [sic] were called before the Na- tional Labor Relations Board and gave under oath sufficient and competent evidence as to each of the facts set forth herein, with- out prejudice to the right of the National Labor Relations Board or any party hereto to offer oral testimony or other evidence as to any matter relevant to the issues in this proceeding : 1. Best Coat & Apron Mfg. Co., Inc. was incorporated on December 10, 1918 under the laws of the State of 'New York. 2. Best Uniform Corporation was incorporated on December 30, 1937 under the laws of the State of New York. 3. Best Coat & Apron Mfg. Co., Inc. and Best Uniform Cor- poration were consolidated on January 25, 1938, the name of the consolidated corporation being stated as Best Coat & Apron Mfg. Co., Inc. 4. Said Certificate of Consolidation filed on January 25, 1938 contains a statement to the effect that the consolidated corpora- tion is to be one of the constituent corporations, to wit : Best Coat & Apron Mfg. Co., Inc.; the legal effect of such statement is that the corporate existence of the Best Coat & Apron Mfg. Co., Inc. was continued, and a new corporation was not formed by the consolidation. 5. Best Coat & Apron Mfg. Co., Inc. hereinafter referred to as the company, has its principal office and place of business at 408 East 59th Street, City and State of New York, and is engaged in the manufacture of cotton washable garments, chiefly for the linen supply service trades. BEST COAT & APRON MFG. CO., INC. 1119 6. The principal raw materials used in the manufacture of such cotton washable garments are white duck, sheeting goods, and cotton goods, approximately all of which are shipped to the company at its New York City office from points outside the State of New York, and chiefly from points in Alabama and Georgia. 7. About 40% of the finished products of the company are dis- tributed to the linen supply trade in the City and State of New York and the balance of 60% is shipped to points outside the State of New York. 8. The approximate annual cost of the raw materials purchased by the company is $500,000. The approximate annual value of the manufactured products sold by the company is $800,000. 9. The company is engaged in commerce within the meaning of Section 2, subdivisions 6 and 7 of the National Labor Relations Act. EXHIBIT B The respondent, Best Coat & Apron Mfg. Co., Inc., its officers, agents, successors and assigns, shall 1. Cease and desist from (a) In any manner interfering with, restraining or coercing its employees in the exercise of their 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 collectibe [sic] bargaining or other mutual aid or protection as guaranteed by Section 7 of the National Labor Relations Act; (b) Urging, persuading and warning its employees from be- coming or remaining members of the Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., or any other labor organization of their own choosing; (c) In any manner dominating or interfering with the ad- ministration of the Cotton Goods Workers Union, the Inde- pendent Workers Union, any successor to either of said organiza- tions, or any other labor organization of its employees; or from contributing financial or other support to said organizations, any successor to either of said organizations or any other labor or- ganization of its employees. 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act: (a) Withdraw all recognition from the Cotton Goods Workers Union and the Independent Workers Union, any successor or- ganization to either of said organizations as the representative of its employees for the purpose of dealing with the said com- pany concerning grievances labor disputes. wages, rates of pay, 1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hours of employment or conditions of employment, and coin- pletely disestablish each of said organizations as such repre- sentative. (b) Post notices in conspicuous places on each floor of its plant at 408 East 59th Street, New York City, containing the language set forth in Exhibit C annexed hereto and made part hereof; said notices to remain posted for at least thirty (30) consecutive days from the date of posting. On February 10, 1939, the Board issued its order approving the above stipulation, making it part of the record in the case, and trans- ferring 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 1. THE BUSINESS OF THE RESPONDENT The respondent, Best Coat & Apron Mfg. Co., Inc., a New York corporation with its principal office and place of business at New York City, is engaged in the manufacture of cotton washable gar- ments, chiefly for the linen supply service trades. The principal raw materials used by the respondent in the manufacture of such cotton washable garments are white duck, sheeting goods, and cotton goods, approximately all of which are shipped to the respondent's plant from points outside the State of New York. Approximately 60 per cent of the finished products manufactured by the respondent are shipped to points outside the State of New York. The approximate annual cost of the raw materials purchased by the respondent is $500,000 and the approximate annual value of the manufactured products sold by the respondent is $800,000. The respondent stipulated that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. 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 Best Coat & Apron Mfg. Co., Inc., New York City, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, BEST COAT & APRON MFG. CO., INC. 1121 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) Urging, persuading, and warning its employees from becom- ing or remaining members of the Amalgamated Clothing Workers of America, Local No. 169, C. I. 0., or any other labor organization of their own choosing; (c) In any manner dominating or interfering with the adminis- tration of the Cotton Goods Workers Union, the Independent Workers' Union, any successor to either of said organizations, or any other labor organization of its employees, or from contributing financial or other support to said organizations, any successor to either of said organizations, or any other labor organization of its employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the Cotton Goods Workers Union and the Independent Workers' Union, or any successor organ- ization to either of said organizations as the representative of its employees for the purpose of dealing with the said company con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment, and completely disestab- lish each of said organizations as such representative; (b) Post notices in conspicuous places on each floor of its plant at 408 East 59th Street, New York City, containing the language set forth in Appendix A annexed hereto and made a part hereof; said notices to remain posted for at least thirty (30) consecutive days from the date of posting. AND IT IS FURTHER ORDERED that the complaint, as amended, in so far as it pertains to the cases of Julia Biagi and Rina Taddei set forth in paragraphs 3 (a), (b), and (c) of the complaint, as amended, be, and it hereby is, dismissed. APPENDIX A NOTICE TO EMPLOYEES OF BEST COAT & APRON MFG. CO., INC. The matter of Best Coat & Apron Mfg. Co., Inc., before the Na- tional Labor Relations Board having been settled, the Company has voluntarily agreed, without admitting violations of law, to post the following notice : 1. The Company has disestablished the Cotton Goods Workers Union and the Independent Workers' Union, and will not in the 1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD future recognize either of said organizations, or any successor to either of them as the representative of its employees. 2. The Company will not in any manner interfere with the rights of its employees to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purpose of mutual aid or protection. 3. The Company will not dominate or interfere with the admin- istration of any organization of its employees or contribute financial or other support to it. BEST COAT & APRON MFG. CO., INC. (Date)