Sterling Corset Co., Inc.

In the Matter of STERLING CORSET CO., INC. AND UNIVERSAL BRASSIERE & JUSTRITE CORSET CO., INC. and INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL 85 Case No. C-653 Ladies' Garment Manufacturing Industry/-Supplemental Decision and Order: order modified pursuant to stipulation. SUPPLEMENTAL DECISION AND ORDER December 18, 1939 On November 15, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Order in the above-entitled proceeding., Thereafter the Board filed with the United States Cir- cuit Court of Appeals for the Third Circuit a petition for enforce- ment of its Order, dated October 26, 1939, and International Ladies' Garment Workers' Union filed with the same Court a petition of intervention in the proceeding. On November 20, 1939, Sterling Cor- set Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc.; International Ladies' Garment Workers' Union, Local 85; and counsel for the Board entered into the following stipulation : Stipulation The National Labor Relations Board, having entered its De- cision and Order on November 15, 1938, in the above entitled matter, and it being the desire of the parties hereto to dispose of the matters involved, by mutual agreement : I. IT IS HEREBY STIPULATED AND AGREED between and among the Sterling Corset Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc., respondent herein; International Ladies' Gar- ment Workers' Union, Local 85; and Weldon P. Monson, at- torney for the National Labor Relations Board, that : Upon this stipulation, if approved by the National Labor Re- lations Board, and upon all proceedings heretofore had in this matter, and on the record in this case and all the pleadings, the Board may modify its Order, and so enter it. The Order, as modified, to read as follows : 19 N. L. R. B. 858. 18 N. L. R. B., No. 59. 402 STERLING CORSET COMPANY, INC. 403 ORDER Upon the basis of a stipulation and findings of fact and con- clusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Sterling Corset Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc., their respective officers, agents, successors, and assigns, shall : 1. Cease and desist : (a) From discouraging membership in the International Ladies' Garment Workers' Union, Local 85, or any other labor organization of the employees of the Sterling Corset Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc. by discrimi- nating in regard to their hire or tenure of employment or any other term or condition of employment; (b) From in any manner interfering with, restraining, or coercing the employees of Sterling Corset Co., Inc. and Universal. Brassiere & Justrite Corset Co., Inc. in the exercise of the 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 and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action : (a) Offer Edna Abad, Marshall Fielder, Alice Sharin, Marie Yaggie, Anna Lepinsky, Ronnie Slocum and Melville Shibla im- mediately upon the approval of this stipulation, full and uncon- ditional reinstatement to their former positions without prejudice to their seniority and other rights and privileges ; (b) Make whole Edna Abad, Caroline Chapman, Alice Sharin, Marie Yaggie, Anna Lepinsky, Margaret Kurilchyk, Melville Shibla, and Gladys Poz and those employees of the Sterling Corset Co., Inc. who went out on strike on April 23, 1937, and thereafter, by payment to the Regional Director for the Second Region of a sum of Four Thousand Dollars ($4,000.00) to be dis- tributed to the persons in the amounts as she shall deem just and proper; and which sum shall be in full settlement of the amounts said employees would have earned as wages from the dates of the terminations of their employment to the date of payment, less their respective net earn ngs during said period. This sum of Four Thousand Dollars ($4,000.00) shall be paid over to the Regional Director for th ^, Second Region as aforesaid, for dis- tribution in the following manner : $2,000 to be paid immediately 404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD upon the approval of this stipulation by the Board; the balance to be paid within sixty (60) days thereafter. (c) Post immediately in conspicuous places in the plant of the Sterling Corset Co., Inc. at Belmar, New Jersey, and main- tain for a period of at least thirty (30) consecutive days, notices to the employees, stating that the respondent will cease and desist in the manner aforesaid; (d) Notify the Regional Director for the Second Region, in writing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. II. The parties hereto agree that in the event that any terms of the aforesaid Order are not complied with the Board may re- voke its Order and this stipulation, and these proceedings will then be revived. III. Respondent, Sterling Corset Co., Inc., and the Interna- tional Ladies' Garment Workers' Union hereby waive the making of further findings of fact in this matter. IV. It is understood and agreed that the respondent, Sterling Corset Co., Inc., by entering into these presents does so volun- tarily and without admission of the commission of unfair labor practices. V. It is further understood and agreed that this stipulation embodies the entire agreement between the parties and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation; and these proceedings are terminated by compliance with the terms of this stipulation and Order. VI. It is further understood and agreed that this stipulation shall not become effective unless and until approved by the National Labor Relations Board, and that it shall become effective and binding immediately upon such approval. On November 27, 1939, the Board issued its Order approving the above stipulation and making it part of the record herein. On De- cember 4, 1939, the United States Circuit Court of Appeals for the Third Circuit granted the Board's motion for leave to withdraw, without prejudice, its petition for enforcement, together with the- entire certified record. Upon the basis of the above stipulation and the entire record in the case, and pursuant to Section 10 (c) and (d) of the National Labor Relations Act, 9 Stat. 449, the Board hereby modifies its Orders, issued on November 15, 1938, to read as follows : STERLING 001RSRT COMPANY, INC. 405 ORDER Upon the basis of a stipulation and findings of fact and conclusions of law, and pursuant to Section 10 (c) of. the National Labor Rela- tions Act, the National Labor Relations Board hereby orders that the respondent, Sterling Corset Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc., their respective officers, agents, successors, and assigns, shall : 1. Cease and desist : (a) From discouraging membership in the International Ladies' Garment Workers' Union, Local 85, 'or any other labor organization of the employees of the Sterling Corset Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc. by discriminating in regard to their hire or tenure of employment or any other term or condition of employment; (b) From in any manner interfering with, restraining, or coercing the employees of Sterling Corset Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc. in the exercise of the right to self-organ- ization, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action : (a) Offer Edna Abad, Marshall Fielder, Alice Sharin, Marie Yaggie, Anna Lepinsky, Ronnie Slocum and Melville Shibla immedi- ately upon the approval of this stipulation, full and unconditional reinstatement to their former positions without prejudice to their seniority and other rights and privileges ; (b) Make whole Edna Abad, Caroline Chapman, Alice Sharin, Marie Yaggie, Anna Lepinsky, Margaret Kurilchyk, Melville Shibla, and Gladys Poz and those employees of the Sterling Corset Co., Inc. who went out on strike on April 23, 1937, and thereafter, by payment to the Regional Director for the Second Region of a sum of Four Thousand Dollars ($4,000.00) to be distributed to the persons in the amounts as she shall deem just and proper, and which sum shall be in full settlement of the amounts said employees would have earned as wages from the dates of the terminations of their employment to the date of payment, less their respective net earnings during said period. This sum of Four Thousand Dollars ($4,000.00) shall be paid over to the Regional Director for the Second Region as aforesaid, for distribution in the following manner: $2,000 to be paid immediately 406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD upon the approval of this stipulation by the Board; the balance to be paid within sixty (60) days thereafter; (c) Post immediately in conspicuous places in the plant of the Sterling Corset Co., Inc. at Belmar, New Jersey, and maintain for a period of at least thirty (30) consecutive days, notices to the employees, stating that the respondent will cease and desist in the manner aforesaid; (d) Notify the Regional Director for the Second Region, in writ- ing, within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith.