Imperial Reed & Fibre Co.

In the Matter of SILVINO GIANNASCA, DOING BUSINESS UNDER THE TRADE NAME AND STYLE OF IMPERIAL REED & FIBRE Co. and FuRNrruiu UNION, LOCAL 76-B, G. I. O. Case No. C-1,559.-Decided May 6, 1940 Furniture Manufacturing Industrv-Settlement : stipulation providing for compliance with the Act, including disestablishment of company -dominated union, reinstatement of strikers upon application, and recognition of union-Order: entered on stipulation and record. Mr. Martin I. Rose, for the Board. Mon fried & Mon f ried, by Mr. Richard Mon f ried, of New York City, for the respondent. Mr. Alexander E. Racolin, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Furniture Union, Local 76-B, 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 April 9, 1940, against Silvino Giannasca, doing business under the trade name and style of Imperial Reed & Fibre Co., Brooklyn, New York, 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), (2), 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 notices of hearing thereon were duly served upon the respondent, the Union, and upon Imperial Inde- pendent Workers Union, herein called the Independent, a labor organization alleged to have been dominated by the respondent. Concerning the unfair labor practices the complaint alleged, in substance, (1) that the respondent dominated and interfered with the formation and administration of the Independent and gave it financial and other support; (2) that the respondent, on or about 23 N. L. R. B., No. 45. 541 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD February 16, 1940, and at all times thereafter, refused and has re- fused to bargain collectively with the Union as the exclusive repre- sentative of the employees of the respondent in a unit appropriate for collective bargaining, although the Union was on or about Febru- ary -16, 1940; and at all times thereafter has been, the duly designated representative of'a majority of the employees in such unit; (3y that the respondent urged, persuaded, and warned its employees to` refrain from becoming,,or remaining,-members of the TJnion,,and threatened said employees with loss of employment if they aided the Union and if they did not become or remain members of the Independent; and ,(4) :.that by, these- and other' acts the respondent interfered with; re9trained;==and coerced -its employees in the exercise' of the "rights guaranteed in Section 7 of the Act. On April' 19, 1940, the'respond= ent filed an answer denying the alleged unfair labor practices. Pursuant to notice duly served upon all the parties, a hearing was held on " April` 22 and 23, 1940, at New York City before James C. Paradise, the Trial Examiner duly : designated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. Although served with notice, the Independent did not appear at the hearing. On April 23, 1940, during the course of the hearing, the respond- ent, the Union, the Independent, and counsel for the Board entered into a stipulation. The stipulation provides as follows : STIPULATION It is ' hereby stipulated and agreed by and between Silvino Giannasca, -doing business under the 'trade name - and style of Imperial Reed and Fibre Co., hereinafter called the respondent, Furniture Union, Local 76-B, C. I. 0., hereinafter called the Union, Imperial Independent Union and Martin I. Rose, 'at- torney, National Relations Board, that : 1. Upon charges and amended charges filed by the Union, the National Labor Relations Board, hereinafter called the Board, acting pursuant to authority in Section 10 (b) of the National Labor -Relations Act 49 Stat. 449, by the Regional Director for the Second Region, as agent for the Board, designated by the Board Rules and Regulations, Series 2, Article IV, Section 1 as amended, issued its Complaint on April 9, 1940, against the respondent. 2. A copy of said Complaint and Notice of Hearing thereon was duly served upon the respondent and the Union. 3. On April 20, 1940, the respondent herein duly filed his answer. - SILVINO GIANNASCA 543 4. On April' 22nd and 23rd, pursuant to the aforesaid Notice of Hearing, a hearing was duly - had before James C. Paradise, Trial Examiner duly designated by the Board. 5. All employees of respondent employed at his plant at 50 Central Avenue, Brooklyn, New York City, hereinafter called the Brooklyn plant, exclusive of clerical employees, salesmen, and supervisory foremen, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 subdivision (b) of the National Labor Relations Act, and such unit insures to said employees of the respondent the full benefit of their right to self-organization and to collective bargaining and otherwise effectuates the policies of the National Labor Relations Act. 6. On ,or about February 16, 1940, a majority of the employees of the respondent in the appropriate unit described above in paragraph 5, designated the Union as their representative for the purpose of collective bargaining, and pursuant to Section 9, subdivision (a) of the National Labor Relations Act, said Union was on said date and at all times since that date has been and still is the exclusive representative of all the employees in such unit for the purposes of collective bargaining with respect to wages, rates of pay, hours of employment, and other conditions of employment. 7. This Stipulation and the evidence taken before James C. Paradise, Trial Examiner, together with the exhibits introduced before him at the hearing held before said James C. Paradise on April 22nd, 1940, and April 23rd, 1940, shall constitute the entire record in the above-entitled proceeding and this Stipulation shall be made part of the record by introducing the same in evidence before the said Trial Examiner. 8. Upon this Stipulation, if approved by the National Labor Relations Board, and upon the record herein, an order may be entered forthwith by said Board providing substantially as follows : The respondent, Silvino Giannasca, doing business under the trade name and style of Imperial Reed and Fibre Co., his officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing his employees 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 purposes of collective bargaining or 544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD other mutual aid or protection as guaranteed in Section 7 of the National Labor RRelations Act; (b) Dominating or interfering with the'adiniriistration of Im- perial Independent Union or the formation or administration of any other labor organization of his employees and contributing support to any such labor organization of his employees; (c) Refusing to bargain collectively with Furniture Union, Local 76-B as the exclusive representative of all his employees, exclusive of clerical employees, salesmen, and supervisory fore- men, employed at respondent's plant in Brooklyn, New York City; (d) Recognizing Imperial Independent Union as the repre- sentative of any of his employees for the purpose of dealing with the respondent concerning grievances, la"bor'dispiites;'*age8; rates of pay, hours of employment or other conditions of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from Imperial Independent Union as the representative of any of its employees concerning grievances, wages, rates of pay, hours of employment or other conditions of employment; and completely disestablish Imperial Independent Union as such representative; (b) Upon request, bargain collectively with Furniture Union, Local 76-B, as the exclusive representative of all employees, ex- clusive of clerical employees, salesmen, and supervisory foremen, at his pl;uit at Brooklyn, _New York City,, with respect to rates of pay, wages, hours of employment, and other conditions of em- ployment; and if an understanding is reached on such matters, embody said understanding in a written, signed contract; (c) Upon application offer to those employees who went on strike on February 20, 1940 and thereafter, immediate and full reinstatement to their former or substantially equivalent posi- tions without prejudice to their seniority and other rights and privileges in the following manner : All persons hired after Feb- ruary 19, 1940, shall be dismissed if necessary to provide employ- ment for those to be offered reinstatement upon application. If thereupon by reason of a reduction in the force of employees needed, there is not sufficient employment immediately available for the remaining persons who went on strike on February 20, 1940, and shall have since applied for employment, all available positions shall be distributed among such remaining employees on the basis of seniority without discrimination against any em- ployee because of his union affiliation or activities. Those employees remaining after such distribution, for whom no employment is immediately available, shall be placed upon a SILVINO GIANNASCA 545 preferential list prepared in accordance with the principle set forth in the preceding sentence and shall thereafter in accordance with such list be offered employment in their former or sub- stantially equivalent positions as such employment becomes available and before other persons are hired for such work; (d) Post immediately in conspicuous places at its plant in Brooklyn, New York City, and maintain for a period of at least sixty (60) days from date of posting, notices to his employees stating : (1) that the respondent will, not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), (c), and (d) of this order; and (2) that the respondent will take the affirmative action set'forth in paragraphs 2 (a), (b), and (c) of this order; (e) Notify the Regional Director for the Second Region, within a period of ten (10) days after the entry of this order, what steps have been taken to comply herewith. 9. IT IS FURTHER STIPULATED AND AGREED by and between the parties hereto that upon application of the Board, the appropriate Circuit Court of Appeals of the United States may enter a decree in appropriate form, embodying substantially the terms of the Board's order above set forth and enforcing the said order of the Board. All parties hereto waive their right to contest the entry of any such decree and their right to receive notice of the filing of an application for the entry of such decree. 10. The taking of any further testimony or evidence in this proceeding and the issuance of intermediate report by the Trial Examiner and the making of findings of fact and conclusions by the Board pursuant to the provisions of the National Labor Rela- tions Act, are hereby expressly waived by the respondent and by the Union and by the Imperial Independent Union. 11. This entire Stipulation is subject to the approval of the National Labor Relations Board. 12. This Stipulation contains the entire agreement of the parties and there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. On May 1, 1940, the Board issued an order approving the above stipulation, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions--Series 2, as amended, transferring the case to the Board for the purpose of entry of a decision and order pursuant to provisions of the stipulation. On the basis of the above stipulation and the entire record in the case, the Board makes the following : 546 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT The respondent is an individual doing business under the trade name and style of Imperial Reed & Fibre Co. The respondent oper- ates a plant at Brooklyn, New York, where he is engaged in the manufacture, sale, and distribution of reed, rattan, and maple furni- ture. During 1939 the respondent purchased raw materials valued at $75,000, of which 50 per cent were shipped to him from points outside the State of New York. During the same period the respondent sold finished products valued at approximately $200,000, of which 50 per cent were shipped to points outside the State of New York. The re- spondent admits, for the purpose of this proceeding, that he is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a contin- uous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and 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 Silvino Giannasca, doing business under the trade name and style of Imperial Reed & Fibre Co., his officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing his employees 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 or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Dominating or interfering with the administration of Imperial Independent Union or the formation or administration of any other labor organization of his employees and contributing support to any such labor organization of his employees; (c) Refusing to bargain collectively with Furniture Union, Local 76-B,-as -the exclusive representative of all his employees, exclusive of clerical employees, salesmen, and supervisory foremen, employed at the respondent's plant at Brooklyn, New York City ; (d) Recognizing Imperial Independent Union as the representa- tive of any of his employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment. SILVINO GIANNASCA 547 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from Imperial Independent Union as the representative of any of its employees concerning grievances, wages; rates of pay; -hours of_ employment,- or-- other conditions of employment,-and completely disestablish, Imperial Independent Union as such representative; (b) Upon request bargain 'collectively with Furniture Union, Lo- cal 76-B,- as exclusive representative of all employees, exclusive of clerical employees, salesmen, and supervisory foremen, at his plant at Brooklyn, New York City, with respect to rates of pay, wages, hours of employment, and other conditions of employment; and if an un derstanding is reached on such matters, embody said understanding, in a: -written, signed contract; (c) Upon application offer to those employees who went on,strike on February 20, 1940, -and thereafter, immediate and full reinstate- ment to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges in the following-manner: All persons hired after February 19, 1940,.shall be dismissed, if necessary, to provide employment for those to be offered reinstatement upon application. If thereupon by reason of a reduction in the force of employees needed, there is not sufficient em- ployment immediately available for the remaining persons who went on- strike on February 20, 1940, and shall have since applied for employment, all available positions shall be distributed among such remaining employees on the basis of seniority without discrimination against any employee because of his union affiliation or activities. Those employees remaining after such distribution, for whom no em- ployment is immediately available, shall be placed upon a preferential list prepared in accordance with the principle set forth in the pre- ceding sentence and shall thereafter, "in accordance with such list, be offered employment to their former or substantially equivalent posi- tions as such employment becomes available and before other persons are hired' for such work ; „=(d) Post immediately in conspicuous places at its plant in Brook- lyn, New York-City; and maintain for aperiod of at least sixty (60) days from the date of posting, notices to his employees stating: (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a), (b), (c), and (d) of this Order; and (2) that the respondent will take the affirmative ac- tion set forth in paragraphs 2 (a), (b), and (c) of this Order; (e) Notify the Regional, Director for the, Second Region, within a,period of ten' (10) days after the entry of this Order, what steps have been taken to comply herewith.