Rex Textile

In the Matter of IRVING ZISBLATT, DOING BUSINESS UNDER THE TRADE NAME AND STYLE OF REX TEXTILE and AMERICAN FEDERATION OF LABOR Case No. C-1337.Decided September 11, 1939 Textile Manufacturing Industry-Settlement: stipulation provides for coin- 'pliance with the Act, including disestablishment of and abrogation of contract with company-dominated union-Order: entered on stipulation. Mr. Millard L. Midonick, for the Board. Mr. Thomas L. Parsomniet, of Newark, N. J., for the Union. Mr. Abraham Brenm.an, of Paterson, N. J., for the respondent. Mr. Ray Johnson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the American Federation of Labor, 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 on May.24, 1939 , and its amended complaint on June 5, 1939, against Irving Zisblatt, doing business under the trade name and style of Rex Textile,' Asbury Park, New Jersey, herein called the respondent, alleging that the 'respondent had engaged in and was engaging in un- fair labor practices affecting commerce within the meaning of Section ' 8 (1), (2), (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, amended complaint, notice of hearing thereon, and notices of postponement were duly served upon the respondent, the Union, and Rex Textile Workers Association of Asbury Park, Incor- porated, herein called the Association , a labor organization allegedly dominated and supported by the respondent . On June 7, 1939, the respondent filed its answer to the complaint , and on June 15, 1939, its answer to the amended complaint , in both of which it either denied 'Incorrectly designated in the complaint as Rex Textiles and amended during the hearing. 15 N. L. R. B., No. 22. 170 IRVING ZISBLATT 171 or professed no knowledge of the allegations in the complaint. On Jule 15, 1939, the Board served notice upon the respondent, the Union, and the Association that a motion would be made at the hearing to amend the amended complaint. Concerning the unfair labor practices, the complaint as amended alleged in substance that the respondent initiated, formed, and spon- sored the Association and thereafter dominated, interfered with, and contributed support to the administration thereof ; that the respondent discharged and refused to reinstate Minnie Ponessa, Joe Ponessa, Mildred Pilot, John Manna, Daniel Berardesco, Ernest Scarpino, Jennie Carbe, and Joseph Pinelli because they joined and assisted the Union and refused to join and assist the Association, and because they engaged in other concerted activities for the purposes of collective bargaining and other mutual aid and protection; that on December 17, 1938, a majority of employees in the appropriate unit designated the Union as their representative for the purposes of collective bar- gaining; and that on December 17, 1938, and at all times thereafter, the respondent refused to,bargain collectively with the Union as the exclusive representative of all the employees in the appropriate unit; and that the respondent, by the afore-mentioned acts and by urging, persuading, and warning its employees to refrain from becoming or remaining members of the Union, threatening its employees with dis- charge and other reprisals if they became or remained members of the Union, by keeping under surveillance the meetings and meeting places of union members, by forcing and coercing employees to sign papers withdrawing their applications for membership in the Union and to withdraw their designations authorizing the Union to repre- sent them, by disparaging the Union,'and by making anti-union state- ments, interfered with, restrained, and, coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Pursuant to notice, a hearing was held on June 26, 27,.28, and 30, and July 5, 6, 7, 11, and 12, 1939, at Asbury Park, New Jersey, before Mapes Davidson, 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 witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. During the hearing, on July 12, 1939, the Trial Examiner received in evidence a stipulation in settlement of the case, entered into by the respondent, the Union, and counsel for the Board. This stipulation provides as follows : 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD STIPULATION It is hereby stipulated and agreed by and between Irving Zisblatt, doing business under the name and style of Rex Textile, hereinafter called the respondent ; American Federation of Labor, 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 Relations Board, hereinafter called the Board, by Elinore M. Herrick,' 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 24th day of May 1939, and issued its amended complaint on the 5th day of June 1939 , against the respondent. On the 26th day of 'June 1939 , the' said amended complaint'was duly amended at the hearing in the above entitled matter in accordance with a notice' of motion ' dated June 15, 1939. II. A copy of the complaint, amended complaint, and the afore' 'mentioned notice of motion to amend the amended complaint, and notice of hearing thereon , were duly served upon the respondent, the Union , and Rex Textile 'Workers Association of Asbury Park, hereinafter called the Association, a labor organization alleged in the complaint to have been dominated by the respondent. " entitled matter. IV. The respondent has been doing business for approximately two years under the name and'style of Rex'Textile , having his principal office and place of business at Second Avenue and Lang- ford Street, in the City'of'Asbury Park, MonmouthCounty, New Jersey, hereinafter called ' the Asbury Park " Plant, and having been continuously engaged. in the manufacture of silk textiles and silk and'rayon textiles. V."The respondent in the course , aiid conduct of his business at the Asbury Park Plant clueing the year 1938 manufactured silk greige goods and silk and rayon greige goods, averaging approxi- mately 55 inches in width and amounting approximately to 800,000 yards in length. Greige goods designates undyed textiles. VI. The respondent in the course and conduct of his business at the Asbury Park Plant purchased during, the year 1938 rayon' raw materials valued at' approximately $40,000. and silk raw .materials valued at approximately $150,000. Approximately all of the rayon raw materials used by the respondent at his Asbury Park Plant dtiring the year 1938 was shipped directly to the Asbury Park Plant from the State of Tennessee. III. The Association has 'hot moved to intervene,-in the above IRVING ZISBLATT . 173 Approximately all of the silk raw materials used by the re- spondent at his Asbury Park Plant during the year 1938 origi- nated in Japan and was shipped to a warehouse in Hoboken, New Jersey, as the property of an importing corporation whose principal office and place of business has been and is located in the State of New York. The respondent placed his orders for the said silk raw materials at the said New York office of the said importing corporation. The said importing corporation shipped the said raw silk materials from the said Hoboken, New Jersey, warehouse to the respondent's Asbury Park Plant. VII. The respondent in the course and conduct of his business at the Asbury Park Plant obtains orders for his finished product from customers all of whom have principal offices in New York City where the said orders are obtained. The respondent there- upon manufactures at the Asbury Park Plant the textiles which have been ordered and ships the product at the instructions of the respective customers and for their account, to dye companies. The majority of the respondent's finished product is dyed at plants in Paterson, New Jersey; a substantial amount of the respondent's finished product is shipped directly to points in the State of New York for dying. Not less than 50% of the respondent's goods which are dyed in Paterson, New Jersey, are immediately transshipped after being dyed to the respondent's customers in the State of New York. The time interval between the shipment of the finished product from the respondent's Asbury Park Plant until the receipt of the product, after having been dyed, at the New York plants of the respondent's customers, amounts on an average to approximately one week. VIII. The respondent in the course and conduct of his business at the Asbury Park Plant, employs an average of approximately 65 workers. IX. The respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act and the Con- stitution of the United States. .X. The American Federation of Labor is a labor organization within the meaning of Section. 2, subdivision (5), of the National Labor Relations Act. XI. Rex Textile Workers Association of Asbury Park is a labor organization within the meaning of Section 2, subdivision (5), of the National Labor Relations Act. XII. The respondent and the Union hereby waive in the above entitled matter the right to further hearing, to the taking of further 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- 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XIII. This stipulation may be introduced into the record in the above entitled matter by filing it with Mapes Davidson, the Trial Examiner duly designated by the Board to conduct the hearing in the above entitled matter, or with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. XIV. The American Federation .of Labor hereby requests per- mission to withdraw its charges in the above-entitled inatter insofar as they allege that the respondent discriminated in regard to the hire and tenure of employment of Minnie Ponessa, Joe Ponessa, Mildred Pilot, John Manna, Daniel Berardesco, Ernest Scarpino, Jennie Carbe and Joseph Pinelli, and insofar as they pertain to the refusal by the respondent to bargain collectively at the present time with the American Federation of Labor within the meaning of Section 8 (5) of the Act. XV. This stipulation is subject to the approval of the National Labor Relations Board. XVI. It is further stipulated by and between the parties to this stipulation that upon the entire record in the above-entitled proceeding, including this stipulation, the Board may forthwith enter the Order set forth below, and that upon application by the Board, without further notice to the respondent, the United States Circuit Court of Appeals for the Third Circuit, or any other appropriate court as provided in Section 10 (e) of the National Labor Relations Act, may enter a decree enforcing said Order of the Board, and that the respondent hereby expressly waives his right to contest the entry of such a decree. The Order referred to above shall provide as follows : The respondent, Irving Zisbla.tt, doing business tinder the name and style of Rex Textile, his officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of Rex Textile Workers Association of Asbury Park or with the forma- tion or administration of any labor organization of his employees, and from contributing financial and other support to Rex Textile Workers Association of Asbury Park or to any other labor organ- ization of his employees; (b) Giving effect to its contract of January 5, 1939, with Rex Textile Workers Association of Asbury Park; (c) In any other manner interfering with, restraining or coerc- ing his employees in the exercise of their right to self-organiza- tion, to form, join or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to IRVING ZISBLATT -175 engage in concerted, activities for the purpose of collective bar- gaining 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) Withdraw all recognition from Rex Textile Workers Asso- ciation of Asbury Park as the representative of any of his em- ployees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, hours of employment and other conditions of employment, and completely disestablish Rex Tex- tile Workers Association of Asbury Park as such representative; (b) Inform in writing the officers of Rex Textile Workers As- sociation of Asbury Park, party to the contract of January 5, 1939, that the respondent will not in any manner deal with or recognize Rex Textile Workers Association of Asbury Park or give effect to the said contract of January 5, 1939; (c) Post immediately notices to his employees in conspicuous places in his Asbury Park Plant, and maintain such notices for a period of at.least sixty (60) consecutive days, stating: (1) that the respondent will cease and desist in the manner .aforesaid, and, (2) that the respondent withdraws and will refrain from all recognition of Rex Textile Workers Association of Asbury Park as a representative of any of its employees and completely dis- establishes, it as such representative; (d) 'Notify the Regional Director for the Second Region in writing within ten (10) days from the date of the entry of this Order by the Board what steps the respondent has taken to comply therewith. It is further ordered that the amended complaint, as amended, insofar as it alleges that the respondent discriminated in regard to the hire and tenure of employment of .Minnie Ponessa, -Joe Ponessa, Mildred Pilot, John Manna, Daniel Berardesco, Ernest Scarpino, Jennie Carbe and Joseph Pinelli, within the meaning of Section 8 (3) of the Act, be, and it hereby is, dismissed. And it is further ordered that the amended complaint, as amended, insofar as it pertains to the refusal by the respondent to bargain collectively at the present time with the American Federation of Labor, within the meaning of Section 8 (5) of the Act, be, and it hereby is dismissed. XVII. It is expressly understood that the terms of this stipu- lation 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, in the event this stipulation is approved by the Board, there is no verbal or other 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD agreement of any kind which in substance or effect in any way restricts the privilege of the Board to petition forthwith for the entry of a decree by a court enforcing said Order. On August 2, 1939, the Board issued its Order approving the above stipulation and making it part of the record in the case. Upon the above stipulation and the entire record in the case,. the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Irving Zisblatt, doing business under the name and style of Rex- Textile, has his principal office and place of business in Asbury Park, New Jersey, where he engages in the manufacture of undyed silk and silk and rayon textiles. The respondent employs an average of 65 persons. During the year 1938, the respondent purchased rayon raw ma- terials valued at approximately $40,000, and silk raw'materials valued at approximately $150,000. Approximately all the rayon raw ma- terials were shipped directly to the respondent's plant from the State of Tennessee. Approximately all of the silk raw materials are pur- chased by the respondent in the State of New York and are imported from Japan by the seller, a New York corporation, and warehoused by it in the State of New Jersey until sale and ' delivery to the respondent. The respondent manufactures all his textiles upon orders from customers having their principal offices in New York City, and ships the textiles to dye companies for the accounts of the customers and at their instructions. The majority of the textiles are shipped to dye plants in Paterson, New Jersey, and not less than 50 per cent of such textiles are immediately transshipped, after being dyed, to customers in the State of New York. A substantial amount of tex- tiles is shipped directly by the respondent to points in the State of New York for dyeing. The respondent" admits that he is 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., ORDER Upon the basis of the above findings of fact and stipulation, and upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations IRVING ZISBLATT 177 Board hereby' orders that the respondent, Irving Zisblatt, doing business under the name and style of Rex Textile, his officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Dominating or interfering with the administration of Rex Textile Workers Association of Asbury Park or with the formation or administration of any labor organization of his employees, and from contributing financial and other support to Rex Textile Work- ers Association of Asbury Park or, to any other labor organization of his employees; (b) Giving effect to its contract of January 5, 1939, with Rex Textile Workers Association of Asbury Park; (c) In any other manner interfering with, restraining or co- ercing his employees in the exercise of their right to self-organiza- tion, 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 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) Withdraw all recognition from Rex Textile Workers Asso- ciation of Asbury Park as the representative of any of his employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, hours of employment and other conditions of employment, and completely disestablish Rex Texile Workers Asso- ciation of Asbury Park as such representative; (b) Inform in writing the officers of Rex Textile Workers Association of Asbury Park, party to the contract of January 5, 1939, that the respondent will not in any manner deal with or recog- nize Rex Textile Workers Association of Asbury Park or give effect to the said contract of January 5, 1939; (c) Post immediately notices to- his employees in conspicuous places in his Asbury Park Plant, and maintain such notices for a period of at least sixty (60) consecutive days, stating: (1) that the respondent will cease and desist in the manner aforesaid, and (2) that the respondent withdraws and will refrain from all recognition of Rex Textile Workers Association of Asbury Park as a repre- sentative of any of its employees and completely disestablishes it as such representative; (d) Notify the Regional Director for the Second Region in writing within ten (10) days from the date of the entry of this Order by the Board what steps the respondent has taken to comply therewith. 178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS FURTHER ORDERED that the amended complaint, as amended, in so far as it alleges that the respondent discriminated in regard to the hire and tenure of employment of Minnie Ponessa, Joe Ponessa, Mildred Pilot, John Manna, Daniel Berardesco, Ernest Scarpino, Jennie. Carbe, and Joseph Pinelli, within the meaning of Section 8 (3) of the Act, be, and it hereby is, dismissed. AND IT IS FURTHER ORDERED that the amended complaint, , as amended, in so far as it pertains to the refusal by the respondent to bargain collectively at the present time with the American Federa- tion of Labor, within the meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed.