Colonial Togs Co.

In the Matter of NATHAN LEVINE, INDIVIDUALLY AND DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF COLONIAL TOGS COMPANY and INTERNATIONAL LADIES' GARMENT WORKERS' UNION Case No. C-1585.-Decided Jwne 13, 1940 Clothing Manufacturing Industry-Settlement: stipulation providing for ces- sation of unfair labor practices and taking of certain affirmative action, includ- ing reinstatement of and payment of back pay to two employees-Order: entered on stipulation. Mr. Jerome I. Macht, for the Board. Mr. Maxwell Goldstein, of New York City, for the respondent. Mr. Stanley Stepelevich, of Luzerne, Pa., for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Ladies' Garment Workers' Union, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania), issued its complaint dated April 11, 1940, against Nathan Levine, individually and doing business under the firm name and style of Colonial Togs Company, Scranton, Pennsylvania, 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) and (3) 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 substance, that the respondent on or about July 28, 1939, terminated the employment of Theresa A. Bentivegna, and on or about August 1, 1939, terminated the employment of Theresa Bentivegna, and at all times since has refused to reinstate them, because they joined and assisted the Union and engaged in concerted activities for the pur- 24 N. L. R. B., No. 65. 676 NATHAN LEVINE ET AL. 677 poses of collective bargaining and other mutual aid and protection; and that the respondent, by the aforesaid acts, by cautioning, advis- ing, and urging his employees to cease their union activities, and by other acts, interfered with, restrained, and coerced his employees in the exercise of the rights guaranteed in Section 7 of the Act. On April 19, 1940, the respondent filed with the Regional Director a letter requesting an extension of time in which to answer the com- plaint and a postponement of the scheduled hearing. The Regional Director denied both requests on the same date. Thereafter, on April 25, 1940, the respondent filed his answer in which he denied all the material allegations of the complaint. Pursuant to notice, a hearing was held on April 25,1940, at Scranton, Pennsylvania, before Madison Hill, the Trial Examiner duly desig- nated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner received in evi- dence without objection a stipulation entered into by the parties con- cerning the nature and scope of the respondent's business. The Trial Examiner also received in evidence without objection a stipulation dated April 25, 1940, entered into by the parties in settlement of the case, subject to the Board's approval. Thereupon the hearing was adjourned. Thereafter, on May 17, 1940, the parties entered into a supplemental stipulation which amended in certain respects the set- tlement stipulation dated April 25, 1940. The stipulation in settle- ment of the case, as amended by the supplemental stipulation, provides as follows : It is hereby stipulated by and between Nathan Levine, indi- vidually and doing business under the name and style of Colonial Togs Company, hereinafter called respondent; International Ladies' Garment Workers' Union, a party herein; and Jerome I. Macht, attorney for the National Labor Relations Board, that : I. This stipulation together with Board exhibits I and IA and II, shall constitute the record in this proceeding. II. The taking of further testimony or evidence before the Examiner in this matter and the making of findings of facts and conclusions by the Board pursuant to the provisions of the Na- tional Labor Relations Act are hereby expressly waived by the parties herein. III. Upon this stipulation, if approved by the National Labor Relations Board, and upon the record herein, an order may be entered by said Board and by the appropriate United States Cir- 283034-42-vol. 24-44 678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cuit Court of Appeals, without further notice of the application for enforcement thereof, providing as follows : The respondent and his officers, agents, successors, and assigns shall : 1. Cease and desist- (a). From in any manner interfering with, restraining, or co- ercing his employees in the exercise of their rights to self organ- ization, 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 bar- gaining or other mutual aid or protection, as guaranteed in .Section 7 of the National Labor Relations Act- (b). From discouraging membership in International Ladies' Garment Workers' Union, Local 131, or any other labor organi- zation of his employees, by cautioning, advising, or urging his employees to cease activities in behalf of Local 131 or any other labor organization, or in any other manner discriminating against his employees in the hire or tenure of employment or any condition of employment of any of his employees by reason of their membership in, or activity in behalf of International Ladies' Garment Workers' Union or any other labor organiza- tion of his employees. 2. Take the following affirmative action : (a). Offer to Theresa A. Bentivegna and Theresa Bentivegna immediate and full reinstatement to their former positions with- out loss of seniority and without prejudice to the rights and privileges previously enjoyed by them; (b). Make whole Theresa A. Bentivegi^a and Theresa Ben- tivegna for the loss of pay suffered by each of said employees, by payment to each of them respectively, the sum set forth following her name, which is as follows : Theresa A. Bentivegna, $100.00; Theresa Bentivegna, $150.00; (c). Post and keep visible in a prominent place in each de- partment of the respondent's Scranton plant, for a period of sixty (60) days, after receipt, copies of the order entered by the National Labor Relations Board, and notices stating that the respondent will cease and desist in the manner aforesaid, and respondent will take the affirmative action as aforesaid; (d). Notify the Regional Director for the Fourth Region, in writing, what steps have been taken in compliance with the foregoing order within fifteen (15) days from the date of its entry by the board. IV. It is stipulated and agreed that the appropriate United States Circuit Court of Appeals may, upon application of the NATHAN LEVINE ET AL. 679 National Labor Relations Board, enter a decree enforcing the aforesaid order of the. Board, Respondent hereby expressly waiving his rights to receive notice of the filing by the Board of an application for the entry of such a decree. V. It is stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. VI. It is further stipulated and agreed that the entire agree- ment is contained within the terms of this stipulation and that there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. VII. It is further stipulated and agreed that the sums set forth above, following the names of Theresa A. Bentivegna and Theresa Bentivegna, are in full settlement of the amount which each of the above-named employees would have earned, and said sums shall be paid to the individuals, as set forth above, within five (5) days after notification of approval of this stipulation by the Board, at which, time said employees shall be offered reinstatment to their former positions. On May 22, 1940, the Board issued its order approving the afore- said stipulation and supplemental stipulation and transferring the proceeding to the Board for the purpose of entry of decision and order by the Board pursuant to the provisions of the stipulation, as amended. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Nathan Levine, an individual doing business under the firm naree and style of Colonial Togs Company, is en- gaged at a plant in Scranton, Pennsylvania, in the manufacture, sale, and distribution of children's and misses' snow suits and outer gar- ments. The respondent uses woolen goods and other materials in his operations at the Scranton plant. During the period from Janu- ary 1, 1939, to April 25, 1940, the respondent's purchases of raw materials approximated $300,000, 80 per cent of which the respond- ent purchased and caused to be shipped and transported to his plant in Scranton, Pennsylvania, from States other than the State of Pennsylvania. During the same period of time the respondent's sales amounted to about $400,000, 90 per cent of which the respondent caused to be shipped from his plant in Scranton, Pennsylvania, to, into, and through States in the United States other than 'the State of Pennsylvania. The respondent admitted that he is engaged in interstate commerce within the meaning of the Act. 680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 findings of fact, stipulation, and the entire record in the proceeding, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Nathan Levine, individually and doing business under the firm name and style of Colonial Togs Company, Scranton, Pennsylvania, 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 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 purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in International Ladies' Garment Workers' Union, Local 131, or any other labor organization of his employees, by cautioning, advising, or urging his employees to cease activities in behalf of Local 131 or any other labor organization, or in any other manner discriminating against his employees in the hire or tenure of employment or any condition of employment of any of his employees by reason of their membership in, or activity in behalf of, International Ladies' Garment Workers' Union or any other labor crganization of his employees. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Offer to Theresa A. Bentivegna and Theresa Bentivegna im- mediate and full reinstatement to their former positions without loss of seniority and without prejudice to the rights and privileges previously enjoyed by them; (b) Make whole Theresa A. Bentivegna and Theresa Bentivegna for the loss of pay suffered by each of said employees, by payment to each of them, respectively, of the sum set forth following her name, which is as follows: Theresa A. Bentivegna, $100; Theresa Benti- vegna. $150; (c) Post and keep visible in a prominent place in each depart- ment of the respondent's Scranton plant, for a period of sixty (60) days, after receipt, a copy of the order entered by the National Labor Relations Board, and a notice stating that the respondent will cease NATHAN LEVINE ET AL. 681 and desist in the manner aforesaid, and that the respondent will take the affirmative action as aforesaid; (d) Notify the Regional Director for the Fourth Region in writ- ing what steps have been taken in compliance with the foregoing order within fifteen (15) days from the date of its entry by the Board.