Z. B. Yarn Mills, Inc. and Montgomery Dyeing Co., Inc

In the Matter of Z. B . YARN MILLS, INC. AND MONTGOMERY DYEING Co., INC.' and TEXTILE WORKERS ORGANIZING COMMITTEE 2 Case No. C-1290.-Decided August 1, 1939 Yarn Processing and Dyeing Industry-Settlement : stipulation providing for compliance with the Act-Order : entered on stipulation. Mr. Will Maslow, for the Board. Burke, Sheridan c Hourigan, by'Mr. John H. Sheridan, of Union City, N. J., for the respondents. Mr. Alfred Udoff, of New York City, and Miss Lydia M. Humphreys, of Union City, N. J., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers Organizing Committee, now known as Textile Workers Union of America, 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 April 27, 1939, against Z. B. Yarn Mills, Inc., and Montgomery Dyeing Company, Inc., West New York, New Jersey, herein called the re- spondents, alleging that the respondents had engaged in and were 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. Copies of the complaint and notice of hearing thereon were duly. served upon the respondents and the Union. 1Incorrectly designated in the complaint as Montgomery Dye Works, Inc. At the hearing the complaint was amended to correct the designation of this respondent , without objection by counsel for the respondent. 2 Now known as Textile Workers Union of America. The change in name was effected subsequent to the filling of the charge and issuance of the complaint . The stipulation hereinafter set out was entered into by the Textile Workers Union of America. 14 N. L. R. B., No. 6. 94 Z. B. YARN MILLS, INCORPORATED 95 On May 4, 1939, the respondents filed separate answers to the complaint in which they respectively denied the allegations of unfair labor practices. Concerning the unfair labor practices, the complaint alleged, in substance, that although a majority of the employees in an appro- priate unit had designated the Union as their representative for the purpose of collective bargaining, the respondents refused to bargain collectively with the Union; that the respondents on November 14, 1938, locked out and discharged 31 named employees and refused to reinstate 22 of these employees. because they joined and assisted the Union and because they engaged in concerted activities for the purposes of collective bargaining and other mutual aid or protection; that the respondents discriminated against certain named employees by giving them fewer hours of work than the respondents gave to other employees and discriminated against certain other named employees by paying them at a lower rate of pay than that which the respondents were paying to other employees doing comparable work because they joined and assisted the Union and engaged in other concerted activities for the purposes of collective bargaining and other mutual aid or protection; and that the respondents, by the above-mentioned activities, and by urging, persuading, and warn- ing their employees to refrain from becoming or remaining members of the Union, by threatening their employees with discharge and other reprisals if they became or remained members of the Union by attempting to persuade their employees to abandon the Union and to form and join another labor organization with their support and aid, and by keeping under surveillance the meetings and meet- ing places of the Union, and by other acts, interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. Pursuant to notice, a hearing was held on May 16, 17, 18, 19, and 23, 1939, at Jersey City, New Jersey, and on May 24, 1939, at New York City, before William P. Webb, the Trial Examiner duly desig- nated by the Board. The Union was represented by its organizer. The respondents and the Board were represented by counsel. All parties participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing upon the issues was afforded all parties. During the hearing on May 24, 1939, the Trial Examiner received in evidence a stipulation in settlement of the case entered into by 96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the respondents, the Union, and counsel for the Board. This stipu- lation provides as follows : AGREEMENT OF SETTLEMENT WHEREAS, a Third Amended Charge having been filed with the Second Regional Office of the National Labor Relations Board by the Textile Workers Organizing Committee on April 26, 1939• alleging that respondents, Z. B. Yarn Mills, Inc. and Montgomery Dyeing Co., Inc., had violated Section 8 (1), (3) and (5) of the National Labor Relations Act, and a complaint dated April 27, 1939 having been duly issued thereupon and served by the National Labor Relations Board and a hearing before a duly designated. Trial Examiner having been begun on May 16, 1939 ; and said hearing being now in progress and the parties desiring to dispose of and settle all matters set forth in that complaint, IT IS HEREBY STIPULATED AND AGREED by and among Z. B. Yarn Mills, Inc., hereinafter referred to as Z. B., Montgomery Dyeing Co., Inc., hereinafter referred to as Montgomery, Textile Workers, Union of America, successor to Textile Workers Organizing Com- mittee, hereinafter referred to as the union, and Will Maslow,. Attorney, National Labor Relations Board, as follows : 1. Z. B. and Montgomery each waives the right to further hear- in this proceeding, each waives the making of findings of fact and conclusions by the National Labor Relations Board, each consents. to the entry of an order by the National Labor Relations Board,, the terms of which are set forth in Schedule A annexed hereto and. made part thereof, and each consents to the entry by the Circuit Court of Appeals of an enforcement order embodying the terms of the Board's Order without notice of the application therefor by the National Labor Relations Board. 2. Z. B. and Montgomery each admits, but only for the pur- poses of this proceeding and settlement, that the statements set forth in Schedule B are true and correct statements of fact and each expressly concedes that for the purpose of this proceeding and settlement that it is subject to the jurisdiction of the National Labor Relations Board. 3. WHERAs, Z. B. and Montgomery have executed a collective, bargaining agreement with the union dated May 22, 1939, a true copy of which is annexed hereto and marked Schedule C, the National Labor Relations Board agrees to dismiss that portion of its complaint in the above proceeding dated April 27, 1939, as amended, which charges that Z. B. and Montgomery have failed. to bargain collectively with the union. Z. B. YARN MILLS, INCORPORATED .97 4. This agreement is subject to the approval of the National Labor Relations Board; if and when such approval is granted, the Board will notify the other parties in writing and will there- upon close this proceeding. SCHEDULE A The National Labor Relations Board hereby orders that Z. B. Yarn Mills, Inc. and Montgomery Dyeing Co. Inc., their officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Interfering with, restraining or coercing their employees in the exercise of their rights to self-organization; to form, join or assist labor organizations; to bargain collectively through rep- resentatives of their own choosing; and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. (b) By discrimination in regard to hire or tenure of employ- ment or any term or condition of employment to discourage mem- bership in the Textile Workers Union of America, successor to the Textile Workers Organizing Committee, or in any other labor organization. 2. Take the following affirmative action which will effectuate the policies of the National Labor Relations Act : (a) Offer the following named persons reinstatement to their former positions in the departments indicated at. eight A. M. on Thursday, June 1, 1939, without prejudice to their- seniority or other rights or privileges : Z. B. Yarn Mills Inc. Tubing Department: Bobbin Department: Angeline Attanasie May Brophy Camille Attanasie Eva Sanfrini Harriet Betchley Winding Department: Rose DeFeo Florence Luhrs Charlotte Dressler Josephine Massola Grace Hugerich Marie 'Newer Josephine Palladino Montgomery Dyeing Co. Inc.' Dyer's Helpers Department John Rosolen James Suffy (b) Establish the following departmental preferential lists for employment in the hiring of employees after June 1, 1939 at 8 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A. M. and hire from such lists exclusively in filling vacancies in the various departments according to the numerical order on such lists : Z. B. Yarn Mills Inc. Spinning Department: Tubing Department: 1. George Baxter 1. Margie Gizquinto 2. Louis Rosa 2. Al Rosa 3. Al Rosa Reel d Winding Department: Bobbin Department: 1. Charlotte Dressler 1. Alice Smith Montgomery Dyeing Co. Inc. Dyer's Helper Department 1. William Avella 2. Ralph Manalio (c) Distribute employment equally among the employees in each department including employees reinstated pursuant to para- graphs 2a and 2b of this order. (d) In the event that there is not sufficient employment in any one department so that the employees in that department average less than forty hours' work in any two consecutive weeks, lay-offs in that department shall be according to plant seniority. (e) Discharge before June 1, 1939 each of the following em- ployees hired after the commencement of the strike on September 7, 1938 in order to provide employment for the employees listed in paragraphs 2a and 2b of this order : Aida Abhate Jenny De Stefano Alba Adomilli Ethel Webster Catherine Bianchi Elfrieda Zachael Cosmos Jacobucci Frank Berganini Peter Lella George Mallon Rose C. Mellone Frank Romano Lillian Scism Marcel Surkley Harriet Smisik grid any other dyer's helper hired by Montgomery Dyeing Co. Inc. on or after September 7, 1938. (f) Post and keep posted conspicuously for sixty (60) days in the plants of Z. B. Yarn Mills, Inc. and Montgomery Dyeing Co., Inc. the following notices : NOTICE TO OUR EMPLOYEES 1. This notice is posted at the request of the National Labor Relations Board and as part of the settlement of the Labor Board case. Z. B. YARN MILLS, INCORPORATED 99. 2. The officers of Z. B. Yarn Mills, Inc. and of Montgomery Dyeing Co., Inc. have signed a contract, effective June 1, 1939, with the Textile Workers Union of America, affiliated with the C. I. 0., by which we have recognized that union as the exclusive representative and bargaining agent of all of our employees and by which we have agreed not to bargain with any other group of our employees during the lifetime of the contract. 3. We wish all of our employees to work together harmoniously. 4. We have no objection if our employees join or remain mem- bers of the Textile Workers Union of America and we will not discriminate against such employees in distribution of work or lay-offs because of membership in the Textile Workers Union of America. SCHEDULE B JURISDICTIONAL STATEMENT Z. B. Yarn Mills Inc., hereinafter referred to as Z. B., and Mont- gomery Dyeing Co. Inc., hereinafter referred to as Montgomery, stipulate and admit the following : 1. Z. B. is a corporation organized on January 3, 1938 under the laws of the State of New Jersey, all of the stock of which is divided equally among Joseph, Andrew and Henry Zenorini. 2. Montgomery Dyeing Co., Inc. ' is a corporation organized on May 9, 1928 under the laws of the State of New Jersey, all of the stock of which is divided equally among. the above-named Joseph, Andrew and Henry Zenorini. 3. Z. B. is engaged in the business of spooling and winding cot- ton, wool and rayon yarns and has its principal office and place of business at 600 West 11th Street, Town of West New York, County of Hudson, State of New Jersey. 4. Montgomery is engaged in the business of skein dyeing of yarns and has its principal office and place of business at 600 West 11th Street, Town of West New York, County of Hudson, State of New Jersey. 5. The principal raw materials purchased by Z. B. are cotton, wool and rayon yarns; in the period from August, 1937 to April, 1939, approximately $600,000 worth of such raw materials were purchased by Z. B.; about 90 per cent of such raw materials were purchased from points outside the State of New Jersey and shipped from such points to the West New York plant of Z. B. 6. The principal raw materials used by Montgomery are dye- stuffs and chemicals; in the period from August, 1937 to April, 100 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD 1939 approximately $20,000 worth of such materials were pur. chased. by.Montgolery; about 90 per cent of such.raw materials were purchased from points outside of the State of New Jersey and shipped to the West New York Plant of Montgomery. 7. The principal products manufactured by Z. B. are wound yarns!; in -. the .period from August, 1937 to April, 1939 approxi- mately $750,000 worth of such yarns were sold by Z. B.; about 15 per cent of such yarns were sold and delivered to customers located outside of the State of New Jersey. 8. Montgomery dyes skeins for customers on order but does.not -purchase or in any way acquire title to the skeins dyed; from August 1, 1937 to April 1, 1939, Montgomery dyed approximately 200,000 pounds of skeins. About 95 per cent of this dyeing was done for Z. B. About 5 per cent was done for customers located outside the State of New Jersey. Such yarns dyed for customers outside the State of New Jersey were either delivered by such cus- tomers to Montgomery or transported by Montgomery itself from the places of business of such customers to Montgomery; skeins dyed by Montgomery were all transported by Montgomery to its customers. 9. Z. B. and Montgomery each concedes that it is engaged in commerce within the meaning of the National Labor Relations Act and that each is subject to the jurisdiction of the National Labor Relations Board. Schedule C, annexed to the Settlement Agreement, is a. copy of a collective bargaining agreement entered into by the respondents and the Union. It is not necessary to set it forth here. On May 26, 1939, the Board issued its order approving the above stipulation, making it part of the record and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS Z. B. Yarn Mills, Inc., a New Jersey corporation with its prin- cipal office and place of business in West New York, New Jersey, is engaged in the business of spooling and winding cotton, wool, and rayon yarns. The principal raw materials are cotton, wool, and rayon yarns. Approximately $600,000 worth of such raw materials were purchased during the period from August 1937 to April 1939. About 90 per cent of these raw materials were purchased from points outside the State of New Jersey and shipped from such points to the Z. E. YARN MILLS, INCORPORATED 101 West New York plant of Z . B. Yarn Mills, . Inc. The finished prod- uct is wound yarn. Approximately $750,000 worth of such yarn was sold during the period from August 1937 to April 1939 . About 15 per cent of such yarn was sold and delivered to customers outside the State of New Jersey. Montgomery Dyeing Company, Inc., is a New Jersey corporation with its principal office and place of business in West New York, New Jersey. It is engaged in the business of skein dyeing of yarns. It dyes skeins for customers on order but does not purchase or in any way acquire title to the skeins dyed. The principal raw materials used by the respondent are dyestuffs and chemicals , about 90 per cent of which are purchased outside the State of New Jersey. During the period from August 1937 to April 1939 approximately $20,000 worth of such raw materials were purchased. From August 1, 1937, to April 1, 1939, Montgomery Dyeing Company, Inc., dyed approxi- mately 200,000 pounds of skeins . About 95 per cent of this dyeing was done on order for Z . B. Yarn-, Mills, Inc., and about 5 per cent 'was done for customers located outside New Jersey. The stock in both the Z. B. Yarn Mills, Inc., and in Montgomery Dyeing Company, Inc., is divided equally among Joseph, Andrew, :and Henry Zenorini. Both respondents admit that they are engaged in commerce within the meaning of the Act. We find that the above -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 record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby or- ders that Z. B. Yarn Mills, Inc., and Montgomery Dyeing Company, Inc., both of West New York, New Jersey, their officers, agents, :successors, and assigns shall : 1. Cease and desist from : (a) Interfering with, restraining or coercing their- 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; (b) Discouraging membership in the Textile Workers Union of America, successor to the Textile Workers Organizing Committee, or in any other labor organization, by discrimination in regard to hire .or tenure of employment or any term or condition of employment. 102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action which will effectuate the policies of the National Labor Relations Act : (a) Offer the following named persons reinstatement to their former positions in the departments indicated at 8 a. m. on Thursday, June 1, 1939, without prejudice to their seniority or other rights or privileges: Z. B. Yarn Mills, Inc. Tubing Department Angeline Attanasie Camille Attanasie Harriet Betchley Rose DeFeo Charlotte Dressler Grace Hugerich Josephine Palladino Bobbin Department May Brophy Eva Zanfrini Winding Department Florence Luhrs Josephine Massola Marie Neuer Montgomery Dyeing Co., Inc. Dyer's Helpers Department John Rosolen James Suffy (b) Establish the following departmental preferential lists for em- ploying in the hiring of employees after June 1, 1939, at 8 a. m. and hire from such lists exclusively in filling vacancies in the various de- partments according to the numerical order on such lists : Z. B. Yarn Mills, Inc. Spinning Department Tubing Department 1. George Baxter 1. Margie. Giaquinto 2. Louis Rosa 2. Al Rosa 3. Al Rosa Bobbin Department Reeling & Winding 1. Alice Smith Department 1. Charlotte Dressler Montgomery Dyeing Co., Inc. Dyer's Helper Department 1. William Avella 2. Ralph Manalio (c) Distribute employment equally among the employees in each department including employees reinstated pursuant to paragraphs 2 (a) and 2 (b) of this order; Z. B. YARN MILLS, INCORPORATED 103. ,(d) In the event that there is not sufficient employment in any one department so that the employees in that department average less than 40 hours' work in any 2 consecutive weeks, lay-offs in that de- partment shall be according to plant seniority; (e) Discharge before June 1, 1939, each of the following employees hired after the commencement of the strike on September 7, 1938, in order to provide employment for the employees listed in paragraphs 2 (a) and 2 (b) of this order: Aida Abhate Jenny De Stefano Alba Adomilli Ethel Webster Catherine Bianchi Elfrieda Zachael Cosmos Jacobucci Frank Berganini Peter Lella George Mallon Rose C. Mellone Frank Romano Lillian Scism Marcel Surkley Harriet Smisik and any other dyer's helper hired by Montgomery Dyeing Co., Inc. on or after September 7, 1938; (f) Post and keep posted conspicuously for sixty (60) days in the plants of Z. B. Yarn Mills, Inc. and Montgomery Dyeing Co., Inc. the following notice : NOTICE TO OUR EMPLOYEES 1. This notice is posted at the request of the National Labor Relations Board and as part of the settlement of the Labor Board case. 2. The officers of Z. B. Yarn Mills, Inc. and of Montgomery Dyeing Co., Inc. have signed a contract, effective June 1, 1939, with the Textile Workers Union of America, affiliated with the C. I. 0., by which we have recognized that union as the exclusive representative and bargaining agent of all of our employees and by which we have agreed not to bargain with any other group of our employees during the lifetime of the contract. 3. We wish all of our employees to work together harmoniously. 4. We have no objection if our employees join or remain members of the Textile Workers Union of America and we will not discrimi- nate against such employees in distribution of work or lay-off s because of membership in the Textile Workers Union of America. AND IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed in regard to the alleged violation of Section 8 (5) of the Act. 190935-40-vol. 14-8