Tri-State Towel Service of the Independent Towel Supply Co.

In the Matter Of JACOB A. HUNKELE, TRADING As TRI-STATE TOWEL SERVICE -OF THE INDEPENDENT TOWEL SUPPLY COMPANY and LOCAL No. 40 UNITED LAUNDRY WORKERS UNION In the Matter of JACOB A. HUNKELE, TRADING AS TRI-STATE TOWEL SERVICE OF THE INDEPENDENT TOWEL SUPPLY COMPANY and LOCAL No. 40 UNITED LAUNDRY WORKERS UNION Cases Nos. C-394 and C-395, respectively DECISION AND ORDER VACATING FINDINGS AND DECISION AND ORDER MODIFYING ORDER February 3, 1940 On June 29, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Order in this matter.' On December 12, 1939, Jacob A. Hunkele, Trading as Tri-State Towel Service of the Independent Towel Supply Company, herein called the respondent, and counsel for the Board entered into the following stipulation : STIPULATION Charges having been filed with Bennet F. Schaufger regional director of the National Labor Relations Board for the Fifth Region, by Local No. 40, United Laundry Workers Union on 20th day of Sept. 1937 and amended charges having been filed on the 24th day of November 1937, alleging that respondent, had violated sections 8 (1) (3) and (5) of the National Labor Relations Act, 49 Stat. 449; and complaint having been issued and served on November 9, 1937,' and amended complaint having been issued and served on the 26th day of November 1937, and hearing having been held before a duly authorized agent of the National Labor Relations Board at Cumberland, Maryland, from November 26, 1937, to November 26, 1937; and Intermediate Report having been issued and' served on January 31, 1938; and 17 N. L. R. B. 1276. 20 N. L. R. B.. No. 9. 123 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Decision and Order having been issued and served on June 29, 1938; 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 the re- spondent by its attorney, Charles Z. Heskett, and Jacob Blum, attorney, National Labor Relations Board as follows : Jacob A. Hunkele, trading as Tri-State Towel Service of the Independent Towel Supply Company of Cumberland, Maryland, is one of several companies operated by Jacob A. Hunkele, of Pittsburgh, Pennsylvania. Each of these companies is operated under an individual trade name in a different community. The Cumberland, Maryland, plant is operated as.a separate business and is engaged in furnishing towels, soap, aprons, coats, and cabinets to restaurants, barber shops and other business enter- prises in the vicinity of Cumberland, Maryland, and to some establishments located in West Virginia and Pennsylvania. Ten per cent of this business is transacted in West Virginia and Pennsylvania and the balance in Maryland. The executive office of Jacob Hunkele, for the several companies is located in Pitts- burgh, Pennsylvania, where all the supplies are purchased for the companies, principally through jobbers located outside of Pennsylvania and Maryland and then delivered by the respond- ents trucks to the individual companies. Prior to September 7, 1937, all the laundry for the Cumberland plant was done under contract with a laundry at Cumberland. After that date, the soiled linen was transported by the respondents trucks to its laundry in Pittsburgh, laundered, transported back to the Cum- berland plant in the same manner, and then distributed from that point. Prior to September 7, 1937, there were six employees engaged at the Cumberland plant. After that date the force was reduced to three due to a changed method of operating the business. The respondent admits that it is engaged in interstate com- merce within the meaning of section 2 (6) and (7) of the Na- tional Labor Relations Act, 49 Stat. 449. 2. The respondent, waives all further or other procedure pro- vided 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 one above, the pleadings heretofore filed, the record, this stipulation, and by agreement of the parties hereto, the National Labor Rela- tions Board may modify its order in the following form in the above entitled case : JACOB A. HUNKELE 125 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 respondent, its officers, agents, and 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 bar- gain collectively through representatives of their own 'choosing and to engage in concerted activities for the purposes of collec- tive bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. (b) From discouraging membership in the Local No. 40 United Laundry Workers Union by discharging or refusing to reinstate any of its employees or in any other manner discrimi- nating in regard to their hire or tenure of employment, or any term or condition of their employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole the employees hereinafter named for any losses they may have suffered by reason of their discharges or by reason of the refusal of the respondent to reinstate them by payment to these individuals the sums of money set out after their names : Charles Pickering, $750.00. Claude Largent, $250.00. Mary Doll, $200.00. Harold Athey, $125.00. Pauline Wagner, $125.00. Bernard Doll, $50.00. (b) Post immediately in conspicuous places throughout its Cumberland plant and maintain for a period of at least thirty (30) consecutive days notices stating that the respondent will cease and desist in the manner aforesaid; (c) Notify the regional director for the fifth region in writing within ten (10) days from the date of this order what steps respondent has taken to comply herewith. And it is hereby ordered that all other allegations of the complaint shall be and are hereby dismissed. 4. The respondent, hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application by the Board, of a consent decree enforcing an 126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD order of the Board in the form hereinabove set forth and hereby waives further notice of the application for such decree. 5. There is no agreement written or oral which modifies any part of this stipulation and the entire agreement is contained herein. 6. 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 December 22, 1939, the Board approved the above stipulation and ordered it made a part of the record herein. Upon the basis of the above stipulation, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Jacob A. Hunkele, trading as Tri-State Towel Service of the Independent Towel Supply Company of Cumberland, Maryland, is one of several companies operated by Jacob A. Hunkele, of Pitts- burgh, Pennsylvania. Each of these companies is operated under an individual trade name in a different community. The Cumber- land, Maryland, plant is operated as a separate business and is engaged in furnishing towels, soap, aprons, coats, and cabinets to restaurants, barber shops, and other business enterprises in the vicin- ity of Cumberland, Maryland, and to some establishments located in West Virginia and Pennsylvania. Ten per cent of this business is transacted in West Virginia and Pennsylvania and the balance in Maryland. The executive office of Jacob Hunkele, for the several companies is located in Pittsburgh, Pennsylvania, where all the supplies are purchased for the companies, principally through job- bers located outside of Pennsylvania and Maryland and then delivered by the respondent's trucks to the individual companies. Prior to September 7, 1937, all the laundry for the Cumberland plant was done under contract with a laundry at Cumberland. After that date, the soiled linen was transported by the respondent's trucks to its laundry in Pittsburgh, laundered, transported back to the Cumberland plant in the same manner, and then distributed from that point. Prior to September 7, 1937, there were six em- ployees engaged at the Cumberland plant. After that date the force was reduced to three due to a changed method of operating the business. JACOB A.• HUNKELB 127 The respondent admits that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. We find the above-described operations constitute a continuous flow of trade. traffic, and commerce among the several States. ORDER Upon the basis of the above stipulation, the pleadings, the record, and pursuant to Section 10 (d) and (c) of the National Labor Relations Act, 49 Stat. 449, the National Labor Relations Board hereby orders that the findings and Decision issued herein on June 29, 1938, be, and they hereby are vacated and further orders that its Order issued on the same date be modified to read as follows : "The National Labor Relationsi Board hereby orders that the respondent, Jacob A. Hunkele, Trading as Tri-State Towel Service of the Independent Towel Supply Company, Cumberland, Mary- land, its officers, agents, and successors and assigns shall: "1. Cease and desist : (a) From in any manner interfering with, restraining, or coerc- ing 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 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 Local No. 40 United Laundry Workers Union, by discharging 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 the Board finds will effectuate the policies of the Act : (a) Make whole the employees hereinafter named for any losses they may have suffered by reason of their discharges or by reason of the refusal of the respondent to reinstate them by payment to these individuals the sums of money set out after their names : Charles Pickering, $750.00. Claude Largent, $250.00. Mary Doll, $200.00. Harold Athey, $125.00. Pauline Wagner, $125.00. Bernard, Doll, $50.00. 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Post immediately in conspicuous places throughout its Cum- berland plant, and maintain for a period of at least thirty (30) con- secutive days, notices stating that the respondent will cease and desist in the manner aforesaid; (c) Notify the Regional Director for the Fifth Region in writing within ten (10) days from the date of this Order what steps re- spondent has taken to comply herewith. "AND IT IS HEREBY ORDERED that all other allegations of the com- plaint shall be, and are hereby, dismissed."