La Favorite Rubber Manufacturing Co., Inc.

In the Matter of LA FAVORITE RUBBER MANUFACTURING COMPANY, INCORPORATED and UNITED RUBBER WORKERS OF AMERICA , C. I. O. Case No. C-1220.-Decided November 00, 1939 Rubber Goods Manufacturing Industry-Settlement : stipulation providing for compliance with Act-Order: entered on stipulation. 111r. Mark Lauter, for the Board. Mr. Sebastian Gaeta and Mr. Dominick F. Pachella, of Wyckoff, N. J., for the respondent. Mr. Samuel L. Rothbard, of Newark, N. J., for the Union. Miss Margaret Holmes, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Rubber Workers of America, C. I. 0., 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 com- plaint, dated, October 27, 1938, against La Favorite Rubber Manufac- turing Company, Incorporated, Hawthorne, New Jersey, 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) 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 were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance, that the respondent discharged and at all times thereafter refused to reinstate Edward Amos, Stanley Lucas, George Ablahami and Abram Amos, because of their membership in, and activities on behalf of, the Union ; urged, persuaded and warned its employees to refrain from becoming or remaining members of the Union; threat- ened its employees with discharge and other reprisals if they became or remained members of the Union; and kept under surveillance the 17 N. L. R. B., No. 86. 955 956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD meetings and meeting places of the union members in its plant; that by these and by other acts the respondent interfered with, restrained and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. - On January 5, 1939, the respondent filed its answer to the com- plaint in which it denied the allegations concerning the unfair labor practices and alleged, as a first separate defense, that the respondent is not engaged in interstate commerce within the meaning of the Act. Pursuant to notice duly served on all parties, a hearing was held on January 16, 17, 26, 27 and 31, and on February 1, 2, and 3, 1939, at New York City, before Webster Powell, the Trial Examiner duly designated by the Board. The respondent, the Board, 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 on the issues was afforded all parties. At the commencement of the hearing, and also at the conclusion thereof, the respondent moved to dismiss the proceedings on the ground that the respondent is not engaged in interstate commerce and hence not subject to the jurisdiction of the Board. At the hear- ing the Trial Examiner reserved his ruling upon these motions, which were denied in his Intermediate Report. We hereby affirm his ruling. On March 18, 1939, the Trial Examiner filed his Intermediate Re- port in which he found that the respondent had committed unfair labor practices affecting commerce within the meaning of Section 8 (1) and Section 2 (6) and (7) of the Act, but had not engaged in unfair labor practices within the meaning of Section 8 (3). He recommended that the respondent cease and desist from its unfair labor practices and post appropriate notices. He further recom- mended that the complaint be dismissed in regard to Edward Amos, Stanley Lucas, George Ablahami and Abram Amos and in regard to the allegation that the respondent kept under surveillance the meet- ings and meeting places of union members. . On April 19, 1939, the Union filed exceptions to the Intermediate Report and requested permission to file a brief and present oral argu- ment before the Board. Although the Union was granted leave by the Board to file a brief, no brief has been filed. The Union's request for oral argument is hereby denied. On September 6, 1939, counsel for the Board and the respondent entered into a stipulation in settlement of the case. The stipula- tion provides as follows : LA FAVORITE RUBBER MANUFACTURING COMPANY STIPULATION 1 957 It is hereby stipulated and agreed by and between La Favorite Rubber Manufacturing Company, Inc., respondent herein; United Rubber Workers of America, C. I. 0., party herein; and Weldon P. Monson, attorney for the National Labor Relations Board, that : I. Upon charges duly filed by the United Rubber Workers of America, C. I. 0., the National Labor Relations Board, by the Regional Director for the Second Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Re- lations Act, 49 Stat. 449, and its Rules and Regulations-Series 1, as amended, Article IV, Section 1, issued its complaint on the 27th day of October 1938, against the La Favorite Rubber Manu- facturing Company, Inc. H. On or about March 18, 1939, Webster Powell, Trial Ex- aminer, designated to conduct the hearing in the above case, duly rendered his Intermediate Report after a hearing in which all parties were afforded an opportunity to fully participate and be heard in the premises. Copies of said Intermediate Report were duly served upon all parties to said proceeding. On April 19, 1939, the United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, filed Exceptions to the said Intermediate Report. III. The aforesaid Intermediate Report provided, among other things, that the charge and complaint with respect to Edward Amos, Stanley Lucas, George Ablahani and Abram Amos, was not sustained by the evidence, and that the complaint, therefore, was recommended to be dismissed as to those said parties, and further that the allegation in the complaint that respondent kept under surveillance the meetings and meeting places of the union members employed at respondent's plant, was not substantiated by the evidence, and it was recommended in said Intermediate Report that the complaint be dismissed in respect'thereto. IV. Respondent, La Favorite Rubber Manufacturing Com- pany, Inc., is and has been, since 1896, a New Jersey corporation with its principal office and only plant in the city of Hawthorne, Passaic County, State of New Jersey. V. Respondent is, and for a long period of time has been, engaged in the manufacture and distribution of mechanical rubber goods and related products. Approximately 90 per cent of its raw materials are shipped to the Hawthorne plant from- 1 Although the first paragraph of the stipulation recites that the Union is a party thereto, the stipulation was signed only by counsel for the Board and the respondent. 958 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD outside the' State of New Jersey. Its purchases for the year, 1938 totaled approximately $50,000, and its sales of its finished products for the same period were in excess of $200,000. Ap- proximately 90 per cent of its finished products were, and are, sold and shipped to points outside the State of New Jersey, by truck and rail. Respondent, La Favorite Rubber Manufacturing Company, Inc., 'is engaged in interstate commerce within the meaning of the National Labor Relations Act. VI. The United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organiza- tionwithin the meaning of Section 2 (5) of the Act. VII. Upon this Stipulation, if approved- by the National Labor Relations Board; and upon all proceedings heretofore had in this matter, and on the record in this case and all the plead- ings, an Order may forthwith be entered by said Board, which Order may be embodied in a Consent Decree, 'consent thereto being hereby expressly given and filed with the United States Circuit Court of Appeals for the Third Circuit, without further notice of application for enforcement, providing as follows : The respondent, La Favorite Rubber Manufacturing Company, Inc., and its officers, agents, successors, and assigns shall: 1. Cease and desist : 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 in general ' and the United Rubber Workers of America, affiliated with the Congress of Industrial Organizations, in particular, to bargain collec- tively through representatives of their own choosing and to 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 : (a) Post immediately in conspicuous places in its plant at Hawthorne, New Jersey, and maintain for a period of at least sixty (60) consecutive days, notices to its employees stating that respondent will cease and desist in the manner aforesaid; (b) File with the Regional Director for the Second Region on or before ten (10) days from the date of approval of this Stipulation, a report in writing setting forth in detail the steps the respondent has taken to comply with the foregoing requirements. VIII. This Stipulation embodies the entire agreement between the parties, and there is no verbal agreement of any kind which varies, alters, or adds to the Stipulation. LA- FAVORITE RUBBER MANUFACTURING COMPANY 959 IX. This Stipulation is subject to the approval of the National Labor Relations Board, and shall become effective immediately upon the granting of such approval by the Board. On October 26, 1939, the Board issued its order approving the above stipulation and making it part of the record herein. On November 8,1939 2 counsel for the Board and the respond- ent entered into a supplemental stipulation, providing as follows : SUPPLEMENTAL STIPULATION It is hereby stipulated and agreed by and between La Favorite Rubber Manufacturing Company, Inc., respondent herein and Weldon P. Monson, attorney for the National Labor Relations ..Board, that : I. The Stipulation entered into by and between the parties hereto on September 6, 1939, be supplemented by adding to Paragraph 2 thereof, the following : 2 (c) That the Complaint be and is hereby dismissed as to the allegations that respondent discharged and refused to rein- state Edward Amos, Stanley Lucas, George Ablahami and Abram Amos because they joined and assisted United Rubber Workers of America, C. I. 0.; and that the Complaint be and hereby is dismissed as to allegations that respondent kept under surveillance meetings and meeting places of union members em- ployed at the Hawthorne Plant of the respondent. II. It is further stipulated and agreed by and between the parties hereto that sub-paragraph 2 (c), above, may be included in the Board's Order and be considered, of the same force and effect, as though it were written in the Stipulation, dated Sep- tember 6, 1939, in the first instance. We hereby approve the above supplemental stipulation and. make it part of the record herein. Upon the basis of the above stipulation, supplemental stipulation, .and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The respondent is a New Jersey corporation engaged in the manu- facture and distribution of mechanical rubber goods and related products. Its principal office and only plant are located in Haw- thorne, New Jersey. 2 The stipulation was signed by counsel for the Board on November 9, 1939. 960 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD The respondent's purchases for the year 1938 amounted to approxi- mately $50,000, 90 per cent of the raw materials purchased being shipped to its Hawthorne plant from outside the State of New Jersey. Its sales during 1938 amounted to approximately $200,000, 90 per cent of its finished products being sold and shipped outside the State of New Jersey. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation, supple- mental 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 La Favorite Rubber Manu- facturing Company, Incorporated, of Hawthorne, New Jersey, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : In any manner interfering with, restraining or coercing its em- ployees in the exercise of their rights to self-organization, to form, join or assist labor organizations in general and the United Rubber Workers of America, affiliated with the Congress of Industrial Or- ganizations in particular, to bargain collectively through representa- tives 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 : (a) Post immediately in conspicuous places in its plant at Haw- thorne, New Jersey, and maintain for a period of at least sixty (60) consecutive days, notices to its employees stating that the respondent will • cease and desist as aforesaid ; (b) File with the Regional Director for the Second Region on or before ten (10) days from the date of this Order, a report in writing setting forth in detail the steps the respondent has taken to comply with the foregoing requirements. AND IT IS FURTHER ORDERED that the complaint be and is hereby dis- missed as to the allegations that respondent discharged and refused to reinstate Edward Amos, Stanley Lucas, George Ablahami, and Abram Amos because they joined and assisted United Rubber Work- ers of America, C. I. 0.; and that the complaint be and hereby is dismissed as to allegations that respondent kept under surveillance meetings and meeting places of union members employed at the Haw- thorne plant of the respondent.