Continental Upholstered Furniture Company and Medford Upholstery, Inc.

In the Matter of ISRAEL G. CUTLER , NATHAN P. CUTLER, CHARLES CUTLER, Louis CUTLER , AND CONTINENTAL UPHOLSTERED FURNrrURE COMPANY AND MEDFORD UPHOLSTERY, INC. and UPHOLSTERERS AND FRAME WORKERS UNION, LOCAL No. 77 (A. F. of L.) Case No. Cr1208.Decided August 10, 1939 Furniture Manufacturing Industry-Settlement : ^ stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Geoffrey J. Cunniff and Mr. Samuel G. Zack, for the Board. Wexler & Weisman, by Mr. Morris M. Wexler, of Philadelphia, Pa., for Israel G. Cutler, Louis Cutler, and Continental. Minton & Rogers, by Mr. H. Collin Minton, Jr., of Trenton, N. J., for Nathan P. Cutler, Charles Cutler, and Medford. Mr. M. H. Goldstein, of Philadelphia, Pa., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Upholsterers and Frame Workers Union, Local No. 77, a subsidiary of Upholsterers', Furniture, Carpet, Linoleum & Awning Workers' International Union of North. Amer- ica,l which in turn is affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint dated January 20, against Israel G. Cutler, Nathan P. Cutler, Charles Cutler, Louis Cutler, and Continental Upholstered Furniture Com- pany, all of Philadelphia, Pennsylvania, and Medford Upholstery, Inc., of Mount Holly, New Jersey, herein respectively called the re- spondent individuals, respondent Continental, and respondent Med- I The complaint incorrectly designated this union as Upholsterers Union of North America. 2 A prior complaint Issued on January 18, 1939, was reissued on January 20, 1939, to Include a copy of the charge In accordance with the Board 's Rules and Regulations- Series 1, as amended. 14 N. L. R. B., No. 34. 451 452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ford, and herein collectively called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor prac- tices affecting commence 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 and notice of hearing thereon were duly served upon the respondents and the Union. 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, on or about October 31; 1938, the respondent individuals and respondent Continental suspended operations at their Philadelphia plant and locked out and refused further employment to 23 named employees, and, since said date, refused to reemploy and reinstate the aforesaid employees because of their membership in and activity on behalf of the Union; that the respondent individuals and respondent Continental caused to be formed the respondent Medford as an instrumentality for the purpose of violating the provisions of the Act; that the respondents transferred machinery and raw materials from the Philadelphia plant to the Mount Holly plant in order to continue the shut-down in operations and the .lock-out of employees at their Philadelphia plant; that the respondents refused. to employ the aforesaid em- ployees in their Mount Holly plant until and unless they abandoned their membership in and activity on behalf of the Union; that the respondent individuals and respondent Continental requested and permitted one Gordon, a furniture buyer for one of the respondents' .principal customers, during working hours and. on respondents' property, t o exhort and hold out inducements to the respondents' em- ployees to abandon their membership in and activity on behalf of the Union; that the respondents, by the above-mentioned activities and by other specified acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter each of. the respondents filed an answer denying the acts alleged, and various motions including a motion to dismiss." Pursuant to notice, a hearing was held on February 9, 10, 13, 15, 16, and 20, 1939, at Philadelphia, Pennsylvania, before Horace A. Ruckel, the Trial Examiner duly designated by the Board. The respondents, the Union, and the Board were represented by counsel ,and participated in the hearing. Full opportunity to be heard, to s Some of the answers and motions so filed were joint whereas others were separate. These motions were later renewed at the hearing and denied by the Trial Examiner. The settlement stipulation hereinafter set forth obviates the necessity to review his rulings. ISRAEL G. CUTLER- 453 examine and cross-examine witnesses, and to introduce. evidence bearing upon the issues was afforded all parties. During :the ' hearing on February 20, 1939, the Trial Examiner received in evidence a stipulation in settlement' of the case entered into by the respondents, the Union, and counsel for the Board. This stipulation provides as follows : STIPULATION It is hereby stipulated by and between Israel G. Cutler, Nathan P. Cutler, Charles Cutler, Louis Cutler, and Continental Upholstered Furniture Company and Medford Upholstery, Inc., respondents herein; Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L.), a party herein; and Geoffrey J. Cunniff, attorney for the National Labor Relations Board, that upon the record herein, and upon this stipulation, and for the purpose of - this case,` if approved by the National Labor Relations Board, an order may forthwith be entered by said Board and by the United States Circuit Court of Appeals for the Third Circuit without further notice of the application for enforcement thereof, providing as follows : The respondents, Israel G. Cutler, Nathan P. Cutler, Charles Cutler,. Louis Cutler, and` Continental Upholstered Furniture Company and. Medford Upholstery,. Inc., and their officers, agents; successors and assigns shall: 1. Cease and desist (a) from in any manner interfering with, restraining or coercing their employees in_ the exercise of their rights to self- organization, to form, join, or assist labor organizations, to bar- gain 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 Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L.), or any other labor organization of their employees by locking out, or in any other manner discriminating against their employees in regard to the hire ' or tenure of employment or condition of employ- ment of any of their employees by reason of their membership in Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L.), or any other labor organization of their employees; (c) from refusing to bargain collectively with Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L), as the exclusive representative of their production employees, exclu- sive of supervisory employees with the authority to hire and 454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD discharge, and exclusive of employees engaged solely in cleri- cal work; 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) offer to each of the employees named in Appendix "A" annexed hereto and made a part hereof, on or before April 29, 1939, full and unconditional reinstatement to their former posi- tions without loss of seniority to such extent as previously en- joyed, and without prejudice to any rights and privileges previously enjoyed by them; (b) place each of the employees named in Appendix "B" an- nexed hereto and made a part hereof, for whom employment will not be available on or before April 29, 1939, on a preferred list to be offered reinstatement as employment arises in their former positions; (c) upon request, bargain collectively with the Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L.), as the exclusive representative of all production employees, exclusive of supervisory employees with the authority to hire and dis- charge, and exclusive of employees engaged solely in clerical work, with respect to rates of pay, hours of employment, and other conditions of employment; (d) post and keep visible in a prominent place in each-de- partment of the respondents' plants in Mt. Holly, New Jersey, and Philadelphia, Pennsylvania, for a period of sixty (60) days after notification of approval of this stipulation by the Board, notices stating that the respondents will cease and desist in the manner aforesaid and respondents will take, the affirmative action as aforesaid; (e) notify the Regional Director for the Fourth Region, in writing, within ten (10) days from the date of the order of the National Labor Relations Board what steps have been taken to comply herewith. It is further stipulated and agreed that the United States Cir- cuit Court of Appeals for the Third Circuit may, upon applica- tion of 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 such decree in the United States Circuit Court of Appeals for the Third 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. . It is further stipulated that respondents are engaged in inter- state commerce within the meaning of the National Labor Rela- tions Act. ISRAEL G. CUTLER 455 The Union is a labor organization within the meaning of Sec- tion 2, subdivision (5) of the National Labor Relations Act. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On March 3, 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. Thereafter, on March 8, 1939, the respondents, the Union, and counsel for the Board entered into a stipulation permitting photo- static copies of the items comprising Respondents Exhibits B-1 to B-6 inclusive and Board Exhibit 8 to be submitted for the originals, admitted into the record and to have the same force and effect as the originals. The Board, having been advised that the respondents desired the above stipulation to apply only to Respondents Exhibit B-1, Re- spondents Exhibit B-2, and Board Exhibit 8, issued its order, dated March 30, 1939, approving the above stipulation in so far as it related to said exhibits, made it part of the record, and ordered that said exhibits be released and that photostatic copies be substituted therefor. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS The respondents stipulated and we find that respondents are en- gaged in interstate commerce within the meaning of the National Labor Relations Act. .ORDER Upon the basis of the above findings of fact, stipulations, 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 Israel G. Cutler, Nathan P. Cutler, Charles Cutler, Louis Cutler, and Continental Upholstered Furniture Com- pany and Medford Upholstery, Inc., and their officers, agents, suc- cessors and assigns shall : 1. Cease and desist from : (a) In any manner 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 190935-40-vol. 14-30 456 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD 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 Upholsterers and Frame Workers Union,- Local No. 77 (A. F. of L.),-or any other labor organization of their employees by locking out, or in any other manner discrim- inating 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 Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L.), or any other labor organization of their employees. . (c) Refusing to bargain collectively with Upholsterers and Frame Workers Union, Local No. 77 (A. F. of L.), as the exclusive repre- sentative of their production employees, exclusive of supervisory employees with the authority to hire and discharge, and exclusive of employees engaged solely in clerical work. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to each of the employees named in Appendix "A" annexed hereto and made a part hereof, on or before April 29, 1939, full and unconditional reinstatement to their, former positions with- out loss of seniority to such extent as previously enjoyed, and without prejudice to any rights and privileges previously enjoyed by them; (b) Place each of the employees named in Appendix "B" annexed hereto and made a part hereof, for whom employment will not be available on or before April 29, 1939, on a preferred list to be offered reinstatement as employment arises in their former positions; .(c) Upon request, bargain collectively with the Upholsterers and Frame -Workers Union, Local No. 77 (A. F. of L.), as the exclusive representative of all production employees, exclusive of. supervisory employees with the authority to hire and discharge, and exclusive of employees engaged solely in clerical work, with respect to rates of pay, hours of employment, and other conditions of employment; (d) Post and keep visible in a prominent place in each department of the respondents' plants in Mount Holly, New Jersey, and Phila- delphia, Pennsylvania, for a period of sixty (60) days after notifica- tion of approval of the stipulation by the Board, notices stating that the respondents will cease and desist in the manner aforesaid and respondents will take the affirmative action as aforesaid; (e) Notify the Regional Director for the Fourth Region, in writing, within ten (10) days from the date of this order what steps have been taken to comply herewith. ISRAEL G. CUTLER APPENDIX Becky Zelman Louis De Lucca Domenic Finelli Harry Levov Samuel Jaffe Oscar Israel Leon Talerico "Al Louis Hoffman David Newstadt John Talerico Samuel Vistonsky Vito Finelli Joseph Baker APPENDIX Clara Stein Tania Petuch Rubin Garber Harry Saitsky Jacob Jaffe «B" Paul Richards Andy Monkevicz Peter Valentine Louis Valentine Charles Shapiro 457 Spelled "Harry Levon" in the charge and complaint.