Brooklyn Yarn Dye Co., Inc.

In the Matter of BROOKLYN YARN DYE Co., INC. and TEXTILE WORKERS UNION OF AMERICA, C. I. 0. In the Matter of BROOKLYN YARN DYE Co.. INC. andTEXTILE WORKERS, UNION OF AMERICA, C. I. 0. Cases Nos. C-13PM and R-143.2, respectively.Decided August 17,1939 Yarn Processing, Bleaching, and Dyeing Industry-Settlement: stipulation pro- viding for compliance with Act, including recognition of union and disestablish- ment of company-dominated union-Order: entered on stipulation-Discrimina- tion: complaint dismissed as to seven persons-Investigation of Representatives: petition for dismissal pursuant to stipulation. Mr. Millard L. Midonick, for the Board. Mr. A. Jacob Stone, of Long Island, N. Y., and Mr. Edward Get- tinger, of New York City, for the respondent. Mr. Jerome Schaeffer, of Long Island, N. Y. for the Association. Mr. Alfred Udoff and Mr. Martin Slier, of New York City, for the Union. Mr. Richard A. Williams, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On March 29, 1939, Textile Workers Union of America, C. I. 0.,1 herein called the Union, affiliated with the Congress of Industrial Organizations, filed with the Regional Director for the Second Region (New York City), a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of the Brooklyn Yarn Dye Co., Inc., herein called the respondent, and re- questing an investigation and certification of representatives pursu- ant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. 'The petition, charges, and. subsequent pleadings referred to this Union as "Textile Work- ers Organizing Committee, C. I. 0." but the parties later stipulated that "'Textile Workers Organizing Committee, C. I. 0.' and 'Textile workers Union of America, C. I. O:' are the successive names of the same organization" and that the caption in this proceeding should be corrected to show the latter designation. 14 N. L. R. B., No. M. 726 BROOT(LYN YARN DYE,- COMPANY, INCORPORATED 727 Thereafter, upon charges and amended charges 2 duly filed by 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 May 22, 1939, against the respondent alleg- ing that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6) and (7)'of the Act: A copy of the complaint 3 and notice of hearing thereon were duly served upon the respondent, the Union, and The Brooklyn Yarn Dye Co. Employ- ees Welfare Association, Inc., herein called the Association. The respondent did not file an answer to the complaint as amended. Concerning the unfair labor practices the complaint, as amended, alleged, in substance, that although a majority of the respondent's employees in an appropriate unit had designated the Union as their representative for the purpose of collective bargaining, the respond- ent refused to bargain with it; that the respondent had initiated, dominated, and interfered with the formation and administration of and;coiitributed financial and other support to the Association, a labor organization among the respondent's employees; that the respondent had discharged and refused to reinstate six named persons and dis- criminated against three named employees with respect to wages and rates of pay because they joined and assisted the Union and engaged in other concerted activities for the purposes of collective bargaining and other mutual aid and protection; and that the respondent by the aforesaid acts, by surveillance of the 'Meetings and activities of the Union, threats, dissemination of anti-union propaganda, and by urg- ing, persuading, and warning its employees to refrain from becoming members of the Union, and by other acts had interfered with, re- strained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter, on July 7, 1939, the respondent, the Union, the Associa- tion, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows: STIPULATION It is hereby stipulated and agreed by and between Brooklyn Yarn Dye Co., Inc., hereinafter called the respondent; The Brook- lyn Yarn Dye Co. Employees Welfare Association, Inc., herein- after called the Association ; Textile Workers Union of America, On April 4, 1939, the Board, acting pursuant to Article III, Section 10. and Article II, Section 37, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued an order consolidating the two cases for all purposes. , On July 7, 1939, the parties stipulated that the complaint should be deemed amended in certain, respects. The complaint is set forth hereinafter as amended. 190935-40-vol. i 4--47 728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD C. I. 0., successor to Textile Workers Organizing Committee, C. I. 0., hereinafter called the Union; and Millard L. Midonick; Attorney for the National Labor Relations Board, Second Region; that: . I. Upon charges duly filed by the Union, the National Labor Re- lations Board, hereinafter called the Board, by Elinore M. Her- rick, Regional Director for the Second Region (New York City), acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, and its Rules and Regulations-Series 1, as amended, Article IV, Section 1, issued its complaint on the 22d day of May 1939 against the respondent: II. A copy of the complaint and notice of hearing thereon were duly served upon the respondent, the Union, and the Association, a labor organization alleged in the complaint to have been dominated by the respondent. III. The respondent is and has been since 1923 a corporation organized under and existing by virtue of the laws of the State of New York, having its principal office and place of business in the City of New York and State of New York, and having been continuously engaged since its organization and until the end of 1938 at a principal office and place of business at 2217 Neptune Avenue, City of. New York, Borough of Brooklyn, County of Kings, State of New York, hereinafter called the Brooklyn Plant, and thereafter down to the present time at a principal office and place of business at 24 Woodward Avenue, City of New York, County of Queens, State of New York, in the processing, bleaching and dyeing of worsted yarns. IV. The respondent, in the course and conduct of its business at its Brooklyn Plant and its Queens Plant, annually processes, bleaches and dyes not less than 1,500,000 pounds of worsted yarns, none of which is at any time owned by the respondent. Approx- imately 95 per cent of the said yarns processed, bleached and dyed by the respondent have been shipped directly to the re- spondent at its Brooklyn Plant and at its Queens Plant from and through states of the United States other than the State of New York at the direction of the respondent's customers owning the respective lots. In processing, bleaching and dyeing said yarns, the respond- ent uses chemicals and dye stuffs. Approximately 85.5 per cent of said chemicals purchased by the respondent have been shipped directly to the respondent at its Brooklyn Plant and its Queens Plant from states other than the State of New York. The re- spondent annually purchases dye-stuffs all 'of which are pur- chased and shipped from points within the State of New York. $ROOKLYN YARN DYE COMPANY, INCORPORATED 729 The value of the chemicals annually shipped to the respondent at its Brooklyn Plant and its Queens Plant from states other than the State of New York is greater than the value of dye- stuffs annually purchased by the respondent. V. The respondent, in the course and conduct of its business at its Brooklyn Plant and at its Queens Plant, annually ships, at the direction of the owners of the respective lots and for their- account, approximately 22 per cent of said yarns processed,, bleached and dyed by it, into and through states of the United'. States other than the State of New York. VI. A strike occurred among employees at the respondent's Brooklyn Plant during the period between June 6, 1938, and'' June 15, 1938. As a result of said strike, yarns of substantial! value which were being processed, bleached and dyed at the! Brooklyn Plant at the commencement of said strike, were en- dangered because of the interruption in the completion of the process, and shipment of said yarns was delayed for several days. VII. The respondent, in the course and conduct of its business, employs approximately 85 workers. VIII. The respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act and the Con- stitution of the United States. IX. "Textile Workers Organizing Committee, C. I. O.," and "Textile Workers Union of America, C. I. 0.," are the successive names of the same organization, the latter name having been adopted by the said organization in May 1939. Textile Workers Union of America, C. I. 0., affiliated with the Congress of Indus- trial Organizations, is and has been a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. X. The Brooklyn Yarn Dye Co. Employees Welfare Associa- , tion, Inc. is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. XI. All the production, maintenance, shipping and other em- ployees of the respondent at its Queens Plant, excluding execu- tives, foremen, assistant foremen and other supervisory em- ployees, watchmen, salesmen, and office and clerical employees, constitute a unit appropriate for the purposes of collective bar- gaining, and such unit insures to these employees of the respond- ent the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuates the policies of the National Labor Relations Act. XII. On April 1, 1938, and at all times thereafter, the Union was the duly designated representative of a majority of the 730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees in the appropriate unit set forth in paragraph XI,. above, and pursuant to Section 9 (a) of the National Labor Re- lations Act, was the exclusive representative of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, hours of employment, arid other conditions of employment. XIII. The respondent, the Union, and the Association hereby waive in the above-entitled matter the right to a hearing, to the taking of testimony or other evidence before a trial examiner., and to the making of findings of fact and conclusions by the Board pursuant to the provisions of the National Labor Relations Act. XIV. The complaint in the above-ernt:,itled matter, dated May 22, 1939, is hereby amended in accordance with the notice of ino- tion dated June 2, 1939, which was duly served upon the respond- ent, the Union, and the Association. XV. This stipulation, together with the petition, dated March 26, 1939, the Order of Consolidation and Directing Investigation .and Hearing, dated April 4, 1939, the third amended.,chRrge, dated May 17, 1939, the complaint, dated May 22, 1939,..notice of hearing, notices of motion, affidavits of service, and the rules, and regulations of the National Labor Relations Board, Series- 1, as amended, may be introduced into the record in the above- entitled matter by filing them with the Chief Trial I+ xanriner of the National Labor Relations Board at Washington. XVI. Textile Workers Union of America, C. I. 0., 'h'ereby requests the withdrawal of its charges in the above-entitled matter insofar as they pertain to the cases of William Leffler, Max Kraus, Frank Weiss, Anthony Merola, Louis Richter, Samuel J. Mungo and Anthony Avellino. XVII. This entire stipulation is subject to the approval of the National Labor Relations Board. An order of the National Labor Relations Board approving this stipulation, if, issued, shall become,.part of the record in the above-entitled matter: XVIII. It is further stipulated by and between the parties to this stipulation that upon the entire record in the above-en- titled proceeding, including this stipulation , the Board may forthwith enter the Order set forth below, and that upon appli- cation by the Board, without further notice to the respondent and the Association, the United States Circuit Court of Appeals for the Second Circuit, or any other appropriate court as pro- vided in Section 10 (e) of the National Labor Relations 'Act, may enter a decree enforcing said Order of the Board, and that the respondent and the Association hereby expressly waive their a BROOKLYN YARN DYE COMPANY, INCORPORATED "731 rights to contest the entry of such a decree. The Order referred to.above shall provide as follows : The respondent, Brooklyn Yarn Dye Co., Inc., its officers, agents, successors, and assigns, shall: 1. Cease and desist from (a) Refusing to bargain collectively with Textile Workers Union of America, C. I. 0., as the exclusive representative of all the production, maintenance, shipping and other employees of the respondent at its Queens Plant, excluding executives, fore- men, assistant foremen and other supervisory employees, watch- men, salesmen and office and clerical employees, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (b) Dominating or interfering with the admin- istration of the Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., or with the formation or administration of any other labor organization of its employees, and from con- tributing financial and other support, to The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., or to any other labor organization of its employees; (c) In any other manner inter- fering 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 collective bargaining or other mutual aid or protec- tion as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the purposes of the Act: (a) Upon request, bargain collectively with Textile Workers Union of America, C. I. 0., as the exclusive representative of all the production, maintenance, shipping and other employees of the respondent at its Queens Plant, excluding executives, fore- men, assistant foremen and other supervisory employees, watch- men, salesmen, and office and clerical employees, in respect to rates of pay, wages, hours of employment, and other conditions of employment; (b) Withdraw all recognition from The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc. as the representative of any of its employees for the purpose of dealing with the re- spondent concerning grievances, labor disputes, wages, hours of employment, and other conditions of employment, and com- pletely disestablish The Brooklyn Yarn Dye Co. Employees Wel- fare Association, Inc. as such representative; 732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Post notices at its Queens Plant stating that (1) the re- spondent will cease and desist as aforesaid; (2) that the respond- ent will upon request bargain collectively as provided in 2 (a) above; (3) that the respondent withdraw and will refrain from all recognition of The Brooklyn Yarn Dye Co. Employees Wel- fare Association, Inc., as a representative of any of its ern ployees, and completely disestablish it as such representative; (d) Maintain such notices, posted in conspicuous places in its plant, for a period of at least sixty (60) consecutive days from the date of posting. (e) Notify the Regional Director for the Second Region in writing within fifteen (15) days from the date of the entry of this Order by the Board, what steps the respondent has taken to comply therewith. And It Is Further Ordered that the complaint, as amended, insofar as it pertains to the cases of William Leffler, Max Kraus, Frank Weiss, Anthony Merola, Louis Richter, Samuel J. Mungo and Anthony Avellino, be, and it hereby is dismissed. And It Is Further Ordered that the petition for an investiga- tion and certification of representatives pursuant to Section 9 (c) of the Act, filed by Textile Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, be, and it hereby is, dismissed. XIX. In the event that this stipulation is approved by the Board, it is expressly understood that the terms of this stipula- tion contain the entire agreement of the parties hereto with respect to the entry of a court decree enforcing the Order set forth above, and it is further understood that there is no verbal or other agreement of any kind which in substance or effect in any way restricts the privilege of the Board to petition forth- with for the entry of a decree by a court enforcing said Order. On July 17, 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, Brooklyn Yarn Dye Co., Inc., a New York cor- poration with its principal office and place of business until the end of 1938 in Brooklyn, Kings County, New York, herein called its Brooklyn Plant, and thereafter, in New York City, Queens County, BROOKLYN YARN DYE .COMPANY, INCORPORATED 733 New York, herein called its Queens Plant, is engaged in the business of processing, bleaching, and dyeing worsted yarns. The respondent, at its Brooklyn and Queens Plants, annually processes, bleaches, and dyes not less than 1,500,000 pounds of worsted yarns, none of which is at any time owned by the respondent. Approximately 95 per cent of these yarns are shipped directly to the respondent from points outside the State of New York. Some 85 per cent of the chemicals used by the respondent in its business are purchased by and shipped to the respondent from points outside the State of New York. All of the dyestuffs used by the respondent are purchased and shipped from points within the State of New York. The value of the chemicals shipped annually to the respondent from points outside the State of New York exceeds the value of the dyestuffs purchased annually by the respondent. The respondent annually ships some 22 per cent of the aforesaid yarns which are processed, bleached, and dyed by it to points outside the State of New, York. In the course of its business the respondent employs some 85 workers. The respondent stipulated that it was engaged in interstate 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. II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America, C. I. 0., is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the respondent. The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., is a labor organization within the meaning of the Act. III. THE APPROPRIATE UNIT We.find that all of the production, maintenance, shipping, and other employees of the respondent, excluding executives, foremen, assistant foremen, and supervisory employees, watchmen, salesmen, and office and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, and that such unit insures to the employees the full benefit of their right to self-organization and collective bar- gaining and otherwise effectuates the policies of the Act. IV. REPRESENTATION OF THE MAJORITY WITHIN THE APPROPRIATE UNIT We find that on April 1, 1938, and at all times thereafter, a majority of the respondent's employees in the appropriate unit designated the Union as their representative for the purposes of collective bargain- 734 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD ing; and that at all times thereafter the Union was the representative for the purposes of collective bargaining of a majority of the em- ployees of the respondent in an appropriate unit. By virtue of Sec- tion 9 (a) of the Act, therefore, it was the exclusive representative of all employees of the respondent in the said unit, for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 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 Brooklyn Yarn Dye Co., Inc., New York City, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Refusing to bargain collectively with Textile Workers Union of America, C. I. 0., as the exclusive representative of all the pro- duction, maintenance, shipping, and other employees of the respondent at its Queens Plant, excluding executives, foremen, assistant foremen and other supervisory employees, watchmen, salesmen, and office and clerical employees, in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment; (b) Dominating or interfering with the administration of The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., or with the formation or administration of any other labor organization of its employees, and from contributing financial and other support to The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., or to any other labor organization of its employees; (c) In any other 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 con- certed activities for the purposes of collective bargaining or other mutual aid' or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the purposes of the Act : (a) Upon request, bargain collectively with Textile Workers Union of America, C. I. 0., as the exclusive representative of all the pro- duction, maintenance, shipping and other employees of the respond- ent at its Queens Plant excluding executives, foremen, assistant fore- men and other supervisory employees, watchmen, salesmen, and office and clerical employees, in respect to rates of pay, wages, hours of employment, and other conditions of employment; BROOKLYN YARN DYE COMPANY, INCORPORATED 735 (b) Withdraw all recognition from The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., as the representative of any of its employees for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, hours of employment, and other conditions of employment, and completely disestablish The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., as such representative; (c) Post notices at its Queens Plant stating that (1) the respond- ent will cease and desist as aforesaid; (2) that the respondent will upon request bargain collectively as provided in 2 (a) above; (3) that the respondent withdraw and will refrain from all recognition of. The Brooklyn Yarn Dye Co. Employees Welfare Association, Inc., as a representative of any of its employees, and completely disestab- lish it as such representative; (d) Maintain such notices, posted in conspicuous places in its plant, for a period of at least sixty (60) consecutive days from the date of posting ; (e) Notify the Regional Director for the Second Region in writ- ing, within fifteen (15) days from the date of the entry of this Order bye the Board, what ' steps -:the respondent has taken to comply herewith. AND IT IS FURTHER ORDERED that the complaint, 'as amended, in so far as it pertains to the cases of William Leffler, Max Kraus, Frank Weiss, Anthony Merola, Louis Richter, Samuel J. Mungo, and An- thony Avellino, be, and it hereby is, dismissed. AND IT Is FURTHER ORDERED that the petition for investigation and certification of representatives pursuant to Section 9 (c) of the Act, filed by Textile Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, be, and it hereby is, dismissed.