Superior Reed & Rattan Furniture Co.

In the Matter of E. GIANNASCO, DOING BUSINESS UNDER THE NAME AND STYLE OF SUPERIOR REED & RATTAN FURNITURE Co. and FURNITURE UNION, LOCAL No. 76-B, UNITED FURNITURE WORIcERS OF AMERICA, C. I. O. Case No. C-1013.-Decided November 8, 1939 Reed and Rattan Furniture and Basket Manufacturing Industry-Settlement: stipulation providing for. compliance with the Act, including reinstatement with back pay as to two employees-Order: entered on stipulation. Mr. Richard J. Hickey and Mr. Jacob Blum, for the Board. Mon f ried & Mon f ried, by Mr. Richard M. Mon f ried, of New York City, and Mr. H. R. Korey, of New York City, for the respondent. Isserman, Isserman c6 Kapelsohn, by Mr. Sol D. Kapelsohn, of Newark, N. J., for the Union. Mr. Louis A. Roland, of counsel to the Board. DECISION AND ORDER STATEMENT OF TILE CASE Upon charges and amended charges duly filed by Furniture Union, Local No. 76-B, United Furniture Workers of America, C. I. 0.,1 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 September 16, 1938, against E. Giannasco, doing business under the name and style of Superior Reed & Rattan Furniture Co.,2 New York City, herein called the respondent, alleging that the respondent had engaged in and was 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. A copy of the complaint, accompanied by notice of hearing, was duly served upon the respondent and the Union. 1 Also referred to in the record as Furniture Union, Local 76-B, United Furniture Workers of America , C. I. O. 2 Also referred to in the record as Superior Reed & Rattan Furniture Company. 17 N. L. R. B., No. 33. 440 E. GIANNASCO 441 In respect to the unfair labor practices the complaint, as amended at the hearing, alleged in substance, that on or about March 15, 1938, the respondent discharged John WVenke,s John Kuodes, and Jacob Botwina 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 has refused to reinstate them; that from on or about June 1937 to the date of the issuance of the complaint, the respondent urged, persuaded, and warned his employees to refrain from becoming or remaining members of the Union or its predecessor, threatened his employees with discharge and other reprisals if they became or remained members, and kept the meetings and meeting places of said union members under sur- veillance; that although a majority of the respondent's employees in an appropriate bargaining unit had designated the Union as their bargaining agent, the respondent, on or about April 1, 1938, and at all times thereafter, refused to bargain with the Union as the exclusive representative of his employees in an appropriate unit; that on or about April 27, 1938, the respondent's employees went on strike be- cause of the respondent's alleged unfair labor practices, and con- tinued to strike until May 17, 1938, at which time the strikers, ex- cluding the persons previously named, returned to their positions with the respondent; that the respondent, by the aforesaid acts and by other; acts, :interfered with, restrained, and coerced his employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent filed an answer 'admitting some of the allegations of the complaint, including those concerning the nature and scope of his business, but denying the allegations of unfair labor practices. Pursuant to notice,4 a hearing was held at New York City from January 3 to January 10, 1939, before Howard Myers, 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 bearing upon the issues was afforded all parties. Briefs were filed with the Trial Examiner by the respondent and the Union. During the course of the hearing, the Trial Examiner granted a motion of counsel for the Board to strike from the complaint all reference that Jacob Botwina was discharged because he joined and assisted the Union. At the close of the Board's case and again at the close of the hearing, the Trial Examiner, without opposition, granted the motions of counsel for the Board to conform the pleadings to the proof. The Trial Ex- aminer made several rulings on other motions and on objections to 8 Also referred to in the record as John Wenky. 4 The hearing was postponed several times. Due notice of each postponement was given to the respondent and the Union. 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the admission of evidence during the course of the hearing. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On or about March 13, 1939, the Trial Examiner filed an Inter- mediate Report, copies of which were served upon the respondent and the Union, in which lie found that the respondent had engaged in and was 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 Act, and recommending that the respondent cease and desist therefrom and take certain specified affirmative action. On or about March 30, 1939, the respondent filed exceptions to the Intermediate Report, and thereafter filed a brief in support of his contentions. On October 6, 1939, the respondent and an attorney representing the Board entered into a stipulation for the purpose of settling the case, subject to approval by the Board. This stipulation reads as follows : STIPULATION Charges having been filed with Mrs. Elinore M. Herrick, Regional Director of the National Labor Relations Board, for the Second Region, by the Furniture Union, Local 76-B, United Furniture Workers of America, C. I. 0., on March 23, 1938 and amended on May 26, 1938, alleging that the respondent, E. Gian- nasco, doing business under the name and style of Superior Reed and Rattan Furniture Company, had violated Section 8 (1), (3) and (5) of the National Labor Relations Act, 49 Stat. 449; and complaint having been issued and served on September.16, 1938, and hearing having been held before a duly authorized agent of the National Labor Relations Board at New York, New York, from January 3, 1939 to January 10, 1939; an intermediate report having been issued and served on March 13, 1939; and it being the intention of the parties to dispose of the matters which have arisen, It is hereby stipulated and agreed by and between E. Gian- nasco, doing business under the name and style of Superior Reed and Rattan Furniture Company, by Richard M. Monfried, and Jacob Blum, attorney, National Labor Relations Board, as follows : 1. E. Giannasco, doing business under the name and style of Superior Reed and Rattan Furniture Company, is engaged in the manufacture and sale of reed and rattan furniture and baskets. The great bulk of his raw materials are transported from China and from the states of New Hampshire and Maine E. GIANNASGO 443 by-railroad and steamship. His purchases for the year 1937 totaled approximately $35,000.00 and his sales for the same period were in excess of $75,000.00. 50 per cent of his products are shipped principally by truck and railroad to cities and states throughout the country. Respondent admits that he is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. 2. The respondent, E. Giannasco, doing business under the name and style of Superior Reed and Rattan Furniture Com- pany, waives all further or other procedure provided by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the making of findings of fact and conclusions of law. 3. Upon the basis of the facts stipulated in paragraph 1 above, the pleadings heretofore filed, the record, the intermediate re- port, this stipulation, and by agreement of the parties hereto, the National Labor Relations Board may enter its order in the following form in the above entitled case. ORDER On the basis of this stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that E. Giannasco , doing business under- the name and style of Superior Reed and Rattan Furni- ture Company, his officers, agents, successors and assigns, shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or co- ercing its employees in the exercise of their rights to self-organi- zation, to form, join or assist labor organizations , to bargain collectively through representatives * of their own choosing, and to engage in concerted activities for the purposes 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 the Furniture Union, Local 76-B, United Furniture Workers of America, C . I. 0., or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire and tenure of employment, or any term or condition of their employment. 2. Take the following affirmative action , which will effectuate the-policies of the Act : (a) Offer to John Wenke immediate and full reinstatement to his former position without prejudice to his seniority and other rights and privileges; and reinstate John Kuodes to his former 444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD position without prejudice to his seniority and other rights and privileges, immediately upon there being a vacancy for which he is qualified. Such reinstatement to be offered to him before anyone else is employed; (b) Make whole the said John Wenke and John Kuodes for any losses of pay they may have suffered by reason of the re- spondent's discrimination in regard to their hire or tenure of employment by payment to John Wenke the sum of $175.00 and to John Kuodes the sum of $175.00; (c) Post immediately in conspicuous places throughout its New York, New York plant and maintain for a period of at least sixty (60) consecutive days copies of this order; (d) Notify the Regional Director for the Second Region in writing within ten (10) days from the date of this order of the steps respondent has taken to comply herewith. And it is hereby ordered that the other allegations of the com- plaint shall be dismissed. 4. It is the understanding of the parties that in carrying out Section 2 (a) of the above order the person therein named shall be returned to work within thirty (30) days of the entry of this order, and the respondent undertakes to offer employment to the individual named in paragraph 2 (a) by registered mail, return receipt requested, with the understanding that if an answer is not received and definite employment arrangements made within ten (10) days the respondent will be relieved of further obliga- tion to offer employment: to such person under this order. 5. It is further understood and agreed that in the event that within ninety (90) days from the entry of this order the union shall file a petition for investigation and certification with the Regional. Director of the National Labor Relations Board for the Second Region as representative of the respondent's employees in a unit consisting of all the respondent's production employees, then in that event the respondent will consent to the conduct of an election among such employees to determine their desires for representation. Said election shall be conducted by the Re- gional Director of the National Labor Relations Board for the Second Region in accordance with procedure followed by that office. 6. The respondent,' E. Giannasco, doing business under the name and style of Superior Reed and Rattan Furniture Com- pany, hereby consents to the entry by the United States Circuit Court of Appeals, for the appropriate circuit, upon application of the National Labor Relations Board, of a consent decree en- forcing the order of the National Labor Relations Board.in the E. GIANNASCO; 445 form hereinabove set forth and hereby waives further notice of the application for such decree. 7. The entire agreement is contained within the terms of this stipulation and there is no verbal agreement of any kind which varies, alters or adds to the stipulation. 8. It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On October 20, 1939, the Board issued an order approving the above stipulation and making it part of the record in this proceeding. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT' I. THE BUSINESS OF THE RESPONDENT E. Giannasco, doing business under the name and style of Superior Reed & Rattan Furniture Company, is engaged in the manufacture and sale of reed and rattan furniture and baskets, with his principal office and place of business in New York City. The great bulk of his raw materials is transported from China and from the States of New Hampshire and Maine by railroad and steamship. During the year 1937, his purchases totaled approximately $35,000. During the same year, his sales exceeded $75,000 in value, 50 per cent of which represented products shipped to cities and States throughout the country, principally by truck and railroad. The respondent ad- mits that he is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States and with China. 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 Na- tional Labor Relations Act, the National Labor Relations Board here- by orders that E. Giannasco, doing business under the name and style of Superior Reed & Rattan Furniture Company, his officers, agents, successors, and assigns, shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing its 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 con- 446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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; (b) From discouraging membership in the Furniture Union, Local No. 76-B, United Furniture Workers of America, C. I. 0., or refus- ing to reinstate any of its employees or in any other manner dis- criminating in regard to their hire and tenure of employment, or any term or condition of their employment. 2. Take the following affirmative action, which will effectuate the policies of the Act : (a) Offer to John Wenke immediate and full reinstatement to his former position without prejudice to his seniority and other rights and privileges ; and reinstate John Kuodes to his former position without prejudice to his seniority and other rights and privileges, im- mediately upon there being a vacancy for which he is qualified, such reinstatement to be offered to him before anyone else is employed; (b) Make whole the said John Wenke and John Kuodes for any losses of pay they may have suffered by reason of the respondent's discrimination in regard to their . hire or tenure of employment by payment to John Wenke the sum of $175 and to John Kuodes the sum of $175; (c) Post immediately in conspicuous places throughout its New York City plant and maintain for a period of at least sixty (60) consecutive days copies of this Order; (d) Notify the Regional Director for the Second Region in writ- ing within ten (10 ) days from the date of this Order of the steps respondent has taken to comply herewith. AND IT IS HEREBY FUTHER ORDERED that the other allegations of the complaint be, and they hereby are , dismissed.