R. Kolodney & Co., Inc.

In the Matter of R. KOLODNEY & Co., INCORPORATED AND KOLODNEY & MEYERS, INCORPORATED, JOINTLY AND SEVERALLY and INTERNATIONAL LADIES GARMENT WORKERS UNION, LOCAL 153 Case No. C-1390.-Decided October 30, 1939 Ladies Dress Manufacturing Industry-Settlement: stipulation providing for compliance with the Act, including reinstatement of employee to former posi- tion-Order: entered on stipulation. Mr. Edward Schneider, for the Board. Mr. William J. Carrig, of New Haven, Conn., for the respondents. Mr. Howard S. Friedman, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Ladies Garment Workers Union, Local 153, herein called the Union, the National Labor Relations Board, herein called the Board, by A. Howard Myers, Regional Director for the First Region (Boston, Massachusetts), issued its complaint, dated June 28, 1939, against R. Kolodney & Co., Incorporated and Kolodney & Meyers, Incor- porated, New Haven, Connecticut, herein called the respondents, alleging that the respondents had jointly and severally engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) 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 and notices of postponement of hearing were duly served upon the respondents and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that (1) the respondents on June 14, 1938, temporarily laid off Bessie Fine, Mary Merlo, Santina Bernardo, and Evelyn Janeczek; on July 1, 1938, terminated the employment of Evelyn Janeczek and have refused and still refuse to reinstate her; and on March 13, 1938, transferred Angela Marie D'Agata from her previous 16 N. L. R. Ii., No. 76. 918 R. KOLODNEY & COMPANY, INCORPORATED 919 work to a "sew-pink" machine and have refused and still refuse to reinstate her to her previous work; (2) the temporary. lay-off, ter- mination of employment, or transfer of each of the above-named employees was due to her membership in and activity in behalf of the Union and because she engaged in concerted activities for the purpose of collective bargaining or other mutual aid or protection; .(3) by the termination of the employment of Evelyn Janeczek and the transfer of Angela Marie D'Agata, as set forth above, the respondents have discriminated and are discriminating in regard to their hire and tenure of employment to discourage membership in the Union; (4) since June 1, 1938, the respondents have (a) spied upon union meetings and activities, (b) warned their employees against attending union meetings and engaging in union activities, (c) interrogated employees and applicants for employment as to their union affiliation and activities, (d) made threats, warnings,, and statements'to employees-to discourage them from membership in and activities in behalf of the Union; (5) by the above-mentioned acts, and by other acts, the respondents have interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act.' . On September 29, 1939, R. Kolodney & Co., Incorporated, herein called the respondent, and counsel for the Board entered into a stip- ulation in settlement of the case. On October 14, 1939, the stipulation was amended by the parties thereto.2 The stipulation, as amended, provides as follows:' ' STIPULATION It is hereby stipulated and agreed by and between R. Kolodney & Co., Incorporated, hereinafter referred to as the Respondent, and Edward Schneider, Regional Attorney for the First Region, National Labor Relations Board, that : I. Upon charges and amended charges duly filed by the Inter- national Ladies Garment Workers Union, Local 153, hereinafter referred to as the Union, the National Labor Relations Board, by A. Howard Myers, Regional Director for the First Region (Bos- ton, Massachusetts), acting pursuant to authority granted in Section 10 (b) of the National Libor Relations Act, 49 Stat. 449, hereinafter referred to as the Act, and acting pursuant to National 1 On July 6 , 1939 , the respondents filed answers to the complaint and a series of motions. By the terms of the stipulation between the Board and R. Kolodney & Co., Incorporated, Hereinafter set forth , it was agreed that these pleadings were withdrawn and would not be considered part of the record. While the stipulation does not so state, it is apparent that the pleadings were also intended to be withdrawn as to the respondent, Kolodney & Meyers, incorporated, since the stipulation provides for the dismissal of the complaint as to that respondent. 2 The amendment to the stipulation provides for the striking out of the first paragraph of the original stipulation and the substitution of a new paragraph therefor. 24T883-40-vol. !G -59 920 DECISIONS; OF NATIONALf LABOR RELATIONS BOARD Labor Relations Board Rules and Regulations-Series 1, as amended, Article IV, Section 1, issued its Complaint and No- tice of Hearing on June 28, 1939, against the Respondent, R. Kolodney & Co. Incorporated, and against Kolodney & Meyers, Incorporated. II. A copy of the Charge as amended, Complaint and Notice of Hearing thereon, and copy of Rules and Regulations-Series 1, as amended, were duly served upon the Respondent and, the Union on July 1, 1939, said hearing being scheduled for July 13, 1939, at 10 A. M., in the Court Room of the United States District Court, Post Office Building, Hartford, Connecticut. Notice of Post- ponement of Hearing, from July 13, 1939 to July 27, 1939, at the same time and place, was duly issued and served upon the Respondent and the Union on July 13, 1939; and Notice of Post- ponement of Hearing, from July 27, 1939 until further notice, was duly issued and served upon the Respondent and the Union on July 25, 1939. III. Respondent, R. Kolodney & Co., Incorporated, is and has been since January 4, 1936, a corporation organized under and existing by virtue of the laws of the State of Connecticut and is now and has continuously been engaged at a place of business in the City of Hartford, County of Hartford, State of Connecticut; hereinafter referred to as the Hartford Plant, in the production, sale and distribution of women's dresses, women's suits, and other articles of women's clothing. IV. Respondent, in the course and conduct of its business, causes and has continuously caused more than 85 per cent of the raw materials used in the manufacture of its finished products to be purchased and transported in interstate commerce from and through states of the United States other than the. ,State of Connecticut to its Hartford Plant in the State of Connecticut, and causes and has continuously caused more than 90 per cent of the finished products manufactured by it to be sold and transported in interstate commerce from its Hartford Plant in the State of .Connecticut to, into and through states of the United States other than the State of Connecticut. (1) Respondent's output in terms of dollars for the period from January 1, 1938 to January 1, 1939 was approximately One million eighty-nine thousand dollars. (2) The approximate amount in terms of raw materials used by Respondent during the period from January 1, 1938 to Janu- ary 1, 1939, in the manufacture of its finished products, was approximately Six hundred and twenty-five thousand dollars.; V. Respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act. R. KOLODNEY & COMPANY, INCORPORATED 921 VI. International Ladies Garment Workers Union, Local 153, is a labor organization within the meaning of Section 2, subsection (5) of the said Act. VII. Respondent waives the right to a hearing as set forth in Sections 10(b) and 10(c) of the said Act, and the making of Findings of Fact and Conclusions of Law by the National Labor Relations Board. VIII. The record in this case shall consist only of the Charge as amended, Complaint and Notice of Hearing thereon; the Notices of Postponements referred to in paragraph 11,'a copy of National Labor Relations Board Rules and Regulations-Series 1, as amended, and this Stipulation, and may be filed with the Chief Trial Examiner of the National Labor Relations Board at Wash- ington, D. C. The Answer filed by Respondent on July 6, 1939, and all Motions filed by Respondent, are hereby withdrawn by Respondent and shall not be considered part of the record in this case. IX. It is further stipulated that upon the record as'defined in paragraph VIII hereof an Order may forthwith be entered by the said Board and by the appropriate Circuit Court of Appeals, if the Board desires to make application thereto, providing as follows : 1. Respondent, its officers, agents, successors, and assigns,'shall cease and desist at its Hartford Plant 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 collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the International Ladies Garment Workers Union, Local 153, or any other labor organi- zation of its employees, by discrimination in regard to hire or tenure of employment or any term or condition of employment. 2. Respondent, its officers, agents, successors, and assigns, shall take the following affirmative action to effectuate the policies of the Act : (a) Offer to Angela Marie D'Agata immediate and full rein- statement to her former position at the Hartford Plant, without loss of any rights or privileges previously enjoyed by her; (b) Post notices in conspicuous places at its Hartford Plant stating that Respondent will cease and desist as aforesaid, and keep such notices posted for a period of not less than sixty (60) days from the date.of posting; 922 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD (c) Notify the Regional Director for the First Region in writ- ing within ten (10) days from the date of this Order what,:steps the Respondent has taken to comply therewith. . And, it is further ordered that the Complaint insofar .as it alleges that the Respondent has discriminated and is discriminat- ing in regard to the hire and tenure of employment of Evelyn Janeczek be, and the same hereby is, dismissed. And it is further ordered that the Complaint insofar as it refers to Kolodney & Meyers, Incorporated be, and the same hereby" is, dismissed. X. It is further agreed that this Stipulation shall be null and void and of no effect in the event the National Labor Relations 'Board does not approve this Stipulation and does not enter an Order based upon the terms and provisions of the said Stipula- tion, and that in the event the said Board does not approve the Stipulation and issue an Order based on the terms and provisions of the said Stipulation the hearing shall be rescheduled and all parties shall have full and complete opportunity to introduce such testimony as they desire within the issues as fral]ied. XI. Respondent waives its right to contest the entry of a decree by the appropriate Circuit Court of Appeals in the form set forth above, but shall be given notice of the filing of an application with the appropriate Circuit Court of Appeals for the entry of a decree in the form set forth above. XII. This Stipulation constitutes the entire agreement between the parties and no verbal agreement, of any kind has been made which varies, alters or adds to the stipulation. On October 18, 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 basis of the above stipulation and the entire record in this case as defined in paragraph VIII of the above stipulation, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT a The respondent, R. Kolodney & Co., Incorporated, a Connecticut corporation, is engaged in the production, sale, and distribution of women's clothing at its place of business in the city of Hartford, Connecticut, herein called the Hartford Plant. 8 Pursuant to the stipulation the complaint with respect to Kolodney & Meyers, Incorpo- rated is hereinafter dismissed and hence no • findings are made with respect to that concern and the designation "the respondent". as used hereinafter refers solely to R. Kolodney & Co., Incorporated. R. KOLODNEY & COMPANY, INCORPORATED 923 The value of the raw materials used by the respondent in its manu- facturing operations from January 1, 1938, to January 1, 1939, amounted to approximately $625,000. More than 85 per cent of these raw materials were obtained from States other than the State of Con- necticut. The value of the respondent's finished products during the same period amounted to approximately $1,089,000. More than 90 per cent of the finished products manufactured by it are transported from its Hartford Plant to States other than the State of Connecticut. The respondent admits, and we find, that it is engaged in interstate commerce within the meaning of the Act. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case as defined in paragraph VIII of the stipula- tion, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, R. Kolodney & Co., Incorporated, its officers, agents, suc- cessors, and assigns, shall : 1. Cease and desist at its Hartford Plant 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 collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Rela- tions Act; (b) Discouraging membership in the International Ladies Garment Workers Union, Local 153, or any other labor organization of its employees, by discrimination in regard to hire or tenure of employ- ment or any term or condition of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Angela Marie D'Agata immediate and full reinstate ment to her former position at the Hartford Plant, without loss of any rights or privileges previously enjoyed by her; (b) Post notices in conspicuous places at its Hartford Plant stating that the respondent will cease and desist as aforesaid, and keep such notices posted for a period of not less than sixty (60) days from the date of posting; (c) Notify the Regional Director for the First Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply therewith. 924 DECISIONSi OF NATIONAL: LABOR RELATIONS BOARD AND IT IS FURTHER ORDERED that the complaint in so far as it alleges that the respondent has discriminated and is discriminating in regard to the hire and tenure of employment of Evelyn Janeczek be, and the same hereby is, dismissed. AND IT IS FURTHER ORDERED that the complaint in so far as it refers to Kolodney & Meyers, Incorporated be, and the same hereby is, dismissed.