Brodhaven Mfg. Co., Inc.

In the Matter of BRODHAVEN MFG. Co., INc. and PLAYTHINGS & NOVELTY WORKERS OF AMERICA, C. I. O. Case No. C-1567.-Decided May 17, 1940 Wooden Novelties Manutactauring Industry-Settlement : stipulation providing for compliance with the Act, including disestablishment and abrogation of con- tract with company-dominated union-Order : entered on stipulation. Mr. Millard L. Midonick, for the Board. Mr. Samuel Brodsky, of New York City, for the Company. Mr. Anthony J. Sabella, of New York City, for the Union. Mr. J. H. Krug, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by Playthings & Novelty Workers of America, affiliated with the Congress of Industrial Organizations,' 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 March 12, 1940, against Brodhaven Mfg. Co., Inc., New York City, herein called the respond- ent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the, complaint, accompanied by a notice of hearing, were duly served upon the respondent, upon the Union, and upon Brodhaven Em- ployees Association, herein called the Association. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondent initiated, formed, and sponsored the Association, and dominated, contributed to the support of, and interfered with the administration of the Association; and (2) that IIt appears from the record that this is the correct name of the labor organization, which is designated in the charge as "Playthings & Novelty Workers of America, C. I. O." 23 N. L. R. B., No. 98 937 938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by the foregoing acts, by urging, persuading, and warning its em- ployees to refrain from aiding or joining the Union, by threatening its employees with discharge and other reprisals if they should aid or join the Union, by its espionage and surveillance of the activities of its employees in connection with the Union, by its vilifying the Union and union representatives to its employees, by threatening the union representatives with violence if they should continue to engage in organizational activities, and by other acts, the respondent inter- fered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. The Association filed an answer, dated March 21, 1940, denying that the respondent had formed, contributed to the support of, or interfered with the administration of the Association. Thereafter notices of postponement of hearing were duly served upon the re- spondent, the Union, and the Association. Thereafter, the respondent, the Union, and counsel for the -Board entered into a stipulation, dated April 11, 1940, in settlement of the case, subject to the approval of the Board. This stipulation provides as follows : STIPULATION 'It is hereby stipulated and agreed by and between Brodhaven Mfg. Co. Inc., Plaything & Novelty Workers of America, C. I. 0., hereinafter called the Union, and Millard L. Midonick, Attorney for the National Labor Relation's Board, Second Region : I. Upon charges duly filed by the Union, the Natiohal Labor Relations Board, hereinafter called the Board, by Elinore M. Herrick, Regional Director for the Second Region, New York City, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act, and its Rules and Regulations-Series 2 as amended, Article IV, Section 1, issued its complaint on the 12th day of March 1940, against Brodhaven Mfg. Co. Inc., hereinafter called the respondent. II. A copy of the second amended charge, complaint, notice of hearing thereon, and National Labor Relations Board Rules and Regulations-Series 2 as amended, were duly served upon the respondent, Brodhaven Employees Association, and the Union. III. The respondent is and has been since April 15, 1932, a corporation duly organized under and existing by virtue of the laws of the State of New York, having its principal office and place of business at 596 Broadway in the City, County, and State of New York, and is now and has been continuously engaged at BRODHAVEN MFG. CO., INC. 939 its place of business at 596 Broadway, in the City, County, and State of New York, hereinafter called the Broadway plant, in the manufacture, sale and distribution of wooden novelties, dies, notions, and related products. IV. Respondent normally purchases annually materials used in its manufacturing operations amounting in value to not less than $75,000. Approximately 75 per cent in value of those materials are normally shipped to the Broadway plant from points outside the State of New York. V. Respondent normally distributes and sells annually finished products amounting in value to not less than $100,000. Approx- imately 75 per cent in value of these finished products manu- factured by respondent are normally shipped from the Broadway plant to points outside the State of New York. .VI. Respondent is and has been engaged in interstate com- merce within the meaning of the Act. VII. Plaything & Novelty Workers of America, affiliated with the Congress of Industrial Organizations, is and has been a labor organization within the meaning of Section 2, subsection (5) of the Act. VIII. Brodhaven Employees Association is and has been since its formation on or about March 7, 1939, a labor organization within the meaning of Section 2, subsection (5) of the Act. IX. On April 11, 1939, respondent entered into a collective labor agreement with Brodhaven Employees Association, which agreement purports to be in effect for 1 year from said date. X. Respondent and the Union- hereby waive in the above- entitled matter the right to a hearing, to the taking of testi- mony or other evidence before a trial examiner, and to the making of findings of fact and conclusions of law' by the Board pursuant to the provisions of the Act. XI. This stipulation, together with the second amended charge and the complaint herein, the affidavit of service of said second amended charge and complaint dated March 13, 1940 with corresponding return receipt, and the answer of respondent to said complaint, verified March 21, 1940, may be introduced into the record in the above-entitled matter by filing the said documents with the Chief Trial Examiner of the Board at Washington, D. C. XII. This entire 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; provided, however, that it shall in no event become effective prior to April 11, 1940. 940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XIII. It is further stipulated that upon the entire record in the above-entitled matter, including this stipulation if ap- proved by the Board, the Board may forthwith or at any future time enter the Order set forth below in paragraph XIV, and that upon application by the, Board without further notice to respondent, the United States Circuit Court of Appeals for the Second Circuit or any other appropriate court, as provided in Section 10, subdivision (e) of the Act, may enter a decree en- forcing the said Order of the Board in substantially the same form set forth below in paragraph XIV, and that the respondent hereby expressly consents thereto and expressly waives its right to contest the entry of such a decree. XIV. The Order referred to above in paragraph XIII shall provide as follows : The respondent, Brodhaven Mfg. Co., Inc., its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Dominating or interfering with the administration' of Brodhaven Employees Association, or with the formation or administration of any other labor organization of its employees, and from contributing support to Brodhaven Employees Asso- ciation, or to any other labor organization of its employees ; (b) Recognizing Brodhaven Employees Association as the representative of any of its employees for the purpose of deal- ing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, and other conditions of employment; (e) [c] Giving effect to the contract of April 11, 1939, with Brodhaven Employees Association, or to any extension or re- newal thereof, or to any successor or other contract with Brod- haven Employees Association; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right 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 purpose of collec- tive 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) Withdraw all recognition from Brodhaven Employees Association as representative of any of its 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, and completely disestablish Brodhaven Employees Association; 1 BRODHAVEN MFG. CO., INC. 941 (b) Immediately post notices in conspicuous places through- out the plant at 596 Broadway , New York, New York, and main- tain such notices for a period of sixty ( 60) consecutive days stating the respondent will cease and desist in the manner set forth in 1 (a), (b), (c ) and (d ), and that the respondent will take the affirmative action set forth in 2 ( a) of this Order; and (c) 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. XV. The Regional Director for the Second Region has refused to authorize a complaint to issue alleging that the discharges by respondent of Elsie Meiselman and/or Lucy Fiore were in vio- lation of the Act as alleged in the amended charge herein dated June 14, 1939. XVI. This stipulation is entered into only for the purposes of settlement of the above -entitled matter and is not to be used against respondent as an admission of fact except for the pur- poses of the entry of the order and enforcement thereof by decree as set forth above in paragraphs XIII, XIV and XV. XVII . It is expressly under"stood that the terms of this stipu- lation embody the entire agreement between the parties hereto, and it is further understood that there is no verbal or other agreement of any kind which in substance or effect in any way varies, alters, or adds to the stipulation. Thereafter, the respondent, the Union, and counsel for the Board entered into a supplement to the above stipulation , dated April 29, 1940, which provides as follows : SUPPLEMENT TO STIPULATION OF APRIL 11, 1940 It is hereby stipulated by and between the undersigned that a letter dated March 30, 1940 , signed by Jacob E. Heller, addressed to the National Labor Relations Board, copy of which is hereunto annexed and marked Appendix "A", may be intro- duced into the record in the above-entitled proceeding by filing of said document with the Chief Trial Examiner of the Board, at Washington, D. C. APPENDIX "A" MARCH 30, 1940. In Re: Brodhaven , Case #II-C-2295 NATIONAL LABOR RELATIONS BOARD, 120 Wall Street, New York City. GENTLEMEN : Please be advised that I this day was informed that the Brodhaven Employees Assn., voluntarily disbanded and accordingly is no longer in existence. 942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD By reason of the above action, I assume that the proceedings before your board, to the extent that it affects such association, will be at an end. Very truly yours, (s) J. E. HELLER Jacob E. Heller. JEH : LS. On May 3, 1940, the Board issued an order approving the above stipulation and supplement thereto, making them a part of the record in the case and transferring the proceeding to the Board for the pur- pose of entry of a decision and order pursuant to the provisions of the stipulation and supplement. Upon the above stipulation and the above supplement thereto, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, Brodhaven Mfg. Co., Inc., a New York corpora- tion with its principal office and place of business in New York City, is engaged in the manufacture, sale, and distribution of wooden novel- ties, dies, notions, and related products. The respondent normally purchases annually materials used in its manufacturing operations amounting in value to not less than $75,000. Approximately 75 per cent in value of such materials are normally shipped to the respond- ent's New York City plant from points outside the State of New York. The respondent normally distributes and sells annually finished prod- ucts amounting in value to not less than $100,000. Approximately 75 per cent in value of such finished products are normally shipped from the New York City plant to points outside the State of New York. The respondent admits that it is engaged in interstate commerce within the meaning of the Act. We find that the respondent is engaged in trade, traffic, and com- merce among the several States, and that the activities of the respond- ent alleged in the complaint, occurring in connection with the opera- tions 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. A BRODHAVEN MFG. CO., INC. H. THE ORGANIZATIONS INVOLVED 943 Playthings & Novelty Workers of America, affiliated with the Congress of Industrial Organizations , is a labor organization within the meaning of Section 2 (5) of the Act. Brodhaven Employees Association is a labor organization within the meaning of Section 2 (5) of the Act. ORDER Upon the basis of the above findings of fact, the above stipulation and supplement, 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, Brodhaven -Alf". Co., Inc., New York City , its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Dominating or interfering with the administration of Brod- haven Employees Association , or with the formation or administra- tion of any other labor organization of its employees , and from contributing support to Brodhaven Employees Association , or to any other labor organization of its employees; (b) Recognizing Brodhaven Employees Association as the repre- sentative of any of its employees for the purpose of dealing with the respondent concerning grievances , labor disputes, wages, rates of pay, hours of employment , and other conditions of employment; (c) Giving effect to the contract of April 11, 1939, with Brodhaven Employees Association , or to any extension or renewal thereof, or to any successor or other contract with Brodhaven Employees Association ; (d) In any other manner interfering with, restraining , or coercing its 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. 2. Take the following affirmative action : (a) Withdraw all recognition from Brodhaven Employees Asso- ciation as representative of any of its 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 , and completely disestablish Brodhaven Employees Association ; 944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Immediately post notices in conspicuous places throughout the plant at 596 Broadway, New York, New York, and maintain such notices for a period of sixty (60) consecutive days stating that the respondent will cease and desist in the manner set forth in 1 (a), (b), (c), and (d), and that the respondent will take the affirmative action set forth in 2 (a) of this Order; (c) 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.