J. P. Fischer, Inc.

In the Matter of J. P. FISCHER, INC. and LOCAL 1224, UNITED ELEC- TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. C-1503.-Decided March 06, 1940 Beauty Parlor Machinery Manutacturoig Industry-Settlement : stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Richard J. Hickey, for the Board. Mr. Norman L. Marks, of New York City, for the respondent. Mr. Frank Scheiner and Mr. Abraham A. Burdick, of New York City, for the Union. Mr. Theodore W. Kheel, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Local 1224, United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by Elinore M. Herrick, Regional Director for the Second Region (New York City), issued a complaint dated July 10, 1939, against J. P. Fischer, Inc., 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. 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 sub- stance, that the respondent (1) refused to bargain collectively with the Union although a majority of the respondent's employees in an appropriate unit had designated the Union as their representative for the purposes of collective bargaining; (2) urged and warned its employees to refrain from joining or retaining membership in the Union; (3) exercised surveillance over the union activities of its em- 21 N. L. R. B., No. 108. 1096 -J. -P: FISCHER; INC.- ployees; (4) caused its employees, by the acts above set forth, to go out and remain out on strike (5) discharged and refused to reinstate Nathan Abramowitz, Alexander Evanoff, and John Zella because they joined and assisted the Union; and (6) by the foregoing and other acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On July 22, 1939, the respondent filed its answer to the complaint, in which it ad- mitted certain facts with respect to its business but denied that it had engaged in the alleged unfair labor practices. On February 26, 1940, the respondent and counsel for the Board entered into a stipulation in settlement of the case. This stipula- tion provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and among J. P. Fischer, Inc., hereinafter called the Respondent; Local #1224, United Electrical, Radio & Machine Workers of America, C. I. 0., hereinafter called the Union; 1 and Richard J. Hickey, Attorney for the National Labor Relations Board: WHEREAS, the Union is a labor organization within the mean- ing of Section 2 [ (5) ] of the National Labor Relations Act, and WHEREAS, a third amended charge in the above-captioned pro- ceeding was duly filed by the Union with the National Labor Relations Board, hereinafter called the Board, on April 7, 1939, and WHEREAS, a complaint and Notice of hearing in the above- captioned proceeding were duly issued by the Regional Director for the Second Region, acting pursuant to authority granted by Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article II, Section 5, and Article IV, Sec- tion 1 of the National Labor Relations Board Rules and Regu- lations, Series 2, and WHEREAS, the respondent has filed an answer to said com- plaint denying the charges against it therein contained, and WHEREAS, the parties . desire to adjust, settle and dispose of the matters in issue among themselves in accordance with the pro- visions of this stipulation, Now, THEREFORE, IT IS IIEREBY STIPULATED AND AGREED : I. Respondent is a domestic corporation incorporated Novem- ber 15, 1933, under the laws of the State of New York and doing business under and by virtue of those laws, having its principal place of business and factory at 65 Bleecker Street, New York, 'The stipulation was not signed by the Union 1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD New York, where respondent carries on the business of assem- bling and distributing machinery which is used in the beauty. parlor industry. The parts assembled by the respondent at its plant consist of motors, steel tubing, castings, stampings, screw machine parts, spinnings and electric cord. Respondent annually purchases parts for which it pays ap- proximately $50,000. Approximately 75 per cent of the parts used by the respondent are purchased by it outside of the State of New York and are shipped to its plant from points outside of the State of New York. The respondent's annual sales amount to approximately $150,- 000. The Respondent sells and ships 75 percent of its finished products to. purchasers who are located outside the State of New York. The respondent- admits that it is engaged in interstate commerce within the meaning of Section 2, sub-division (6) and (7) of the National Labor Relations Act, 49 Stat. 449. II. The respondent waives all further or other procedure pro- vided by the National Labor Relations Act or the Rules and Regulations of the Board, including the making of Findings of Fact and Conclusions of Law. III. It is understood and agreed that the entering into this stipulation and the consenting to the order and the decree re- ferred to herein are not to be construed as an admission by said J. P. Fischer, Inc. and that it has been guilty of any of the acts, from the performance of which the said order and decree direct that it shall cease and desist. IV. Upon the basis of the facts stipulated in paragraph I above of this stipulation, and by agreement with the parties hereto, the Board may enter its Order in the following form in the above-captioned case : ORDER On the basis of this stipulation and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that J. P. Fischer, Inc., its 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 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; J. P. FISCHER, INC. 1099 (b) From discouraging membership in Local # 1224, United Electrical , Radio and Machine Workers of America, C. I. O. or any other labor organization of their [its ] employees by look- ing [locking] out or in any manner discriminating against their [its] employees in regard to their hire or tenure of employment or condition of employment of any of their [its] employees by reason of their membership in Local # 1224, United Electrical, Radio and Machine Workers of America, C. I. O. 2. Take the following affirmative action which will effectuate the policies of the Act : (a) Make whole Nathan Abramowitz , John Zella and Alex- ander Evanoff 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 Nathan Abramowitz the sum of fifty dollars ($50), to John Zella the sum of thirty dol- lars ($30), and to Alexander Evanoff the sum of seventy dollars ($70). (b) Post immediately in a conspicuous place in its plant and maintain for a period of at least sixty (6) [(60)] consecutive days a copy of this Order; (c) 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 therewith. And it is hereby ordered that the other allegations in the complaint shall be dismissed. V. It is further understood and agreed that in the event that within ninety (90) days after the entry of this Order the Union shall file a petition for investigation and certification with the Regional Director of the Board for the Second Region as repre- sentative of the Respondent's employees in a unit consisting of all the Respondent's production, shipping and stock employees in its plant located at 65 Bleecker Street, New York, New York, ex- clusive of executives, foremen and office help, the Respondent will consent to the conduct of an election among such employees whose names appear upon' the payrolls of the Respondent for January, February , March and April 1940 to determine their desires for representation . Said election would be conducted by the Regional Director of the Board for the Second Region in accordance with procedure followed by that office. VI. The respondent 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 enforcing the Order of the National Labor Relations 1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board into the form hereinabove set forth and hereby waives further notice of the application for such decree. A copy of said Decree shall be served upon the Respondent. VII. 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. VIII. It is understood and agreed that this stipulation is sub- ject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval, and shall be null and void and not be used for any purpose upon the denying of such approval. On March 11, 1940, the Board approved the stipulation of Febru- ary 26, 1939, ordered that it be made a part of the record in the case, and that the case be transferred to and continued before the Board for the purpose of entry of a decision and order pursuant to such stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT J. P. Fischer, Inc., a New York corporation, is engaged in the business of assembling and distributing machinery for use in the beauty-parlor industry. Its principal place of business and factory are located in New York City. The following parts are used by the respondent in assembling machinery : motors, steel tubing, castings, stampings, screw machine parts, spinnings, and electric cords. The respondent annually expends approximately $50,000 for such parts; 75 per cent of the parts purchased are shipped to the respondent's plant from points outside the State of New York. The respondent annually sells finished products amounting in value to approximately $150,000, of which approximately 75 per cent are sent to purchasers located outside the State of New York. The respondent admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the activities of the respondent alleged in the com- plaint, occurring in connection with the operations of the respondent described above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. ` J. P. FISCHER, INC. ORDER 1101 Upon the basis of the above findings of fact, the 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 the respondent, J. P. Fischer, Inc., New. York City, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) 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 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) Discouraging membership in Local 1224, United Electrical, Radio & Machine Workers of America, C. I. 0., or any other labor organization of its employees by locking out or in any manner dis- criminating against its employees in regard to their hire or tenure of employment or conditions of employment of any of their em- ployees by reason of their membership in Local 1224, United Electri- cal, Radio & Machine Workers of America, C. I. O. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Make whole Nathan Abramowitz, John Zella, and Alexander Evanoff 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 Nathan Abramowitz the sum of fifty dollars ($50), to John Zella the sum of thirty dollars ($30), and to Alexander Evanoff the sum of seventy dollars ($70) ; (b) Post immediately in a conspicuous place in its plant and maintain for a period of at least sixty (60) consecutive days a copy of this Order; (c) Notify the Regional Director for the Second Region in writing within ten (10) days from the date of this Order of the steps the respondent has taken to comply therewith. AND IT is FURTHER ORDERED that the other allegations of the com- plaint be, and they hereby are, dismissed.