Eavenson & Levering Co.

In the Matter of EAVENSON & LEVERING Co. and TEXTILE WORKERS UNION OF AMERICA, LOCAL #229, AFFILIATED WITH THE C. 1. 0., FORMERLY KNOWN AS THE TEXTILE WORKERS ORGANIZING CoMDIIT'IEE and WOOL AND TEXTILE WORKERS' UNION #21724, AN AFFILIATE OF THE AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT and UNITED TEXTILE WORKERS OF AMERICA, LOCAL #1078, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT Case No. C-163-3.-Decided July 18, 1940 Jurisdiction : wool and noils scouring, carbonizing, and depainting industry. Settlement : stipulation providing for compliance with the Act. Remedial Order : entered on stipulation Mr. Jack Davis, for the Board. Boyle c& Archer, by Mr. F. Morse Archer, Jr., of Camden, N. J., for the respondent. Mr. Sol Stetin, of Camden, N. J., and Mr. Anthony Valente, of Washington, D. C., for the U. T. W. A. Mr. Albert K. Plone, of Camden, N. J., for the U. T. W. A. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATE_IIENT OF TIIE CASE Upon charges and amended charges duly filed by Textile Workers Union of America, Local #229, herein called the T. W. U. A., the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia; Pennsyl- vania), issued its complaint, dated June 6, 1940, against Eavenson Levering Co., Camden, New Jersey, herein called the respondent, alleging that the respondent had engaged in and was engaging in un- fair 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 accompanying notice of hearing thereon were duly served upon the respondent, the T. W. U. A., and the United Textile Workers of America, herein called the U. T. W. A. 25 N. L. R. B , No. 69. 597 2S3036-42-vol 25-39 - .598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Concerning the unfair labor practices, the complaint alleged, in sub- stance, (1) that the respondent at various times following June 14, 1938, urged, persuaded, and warned its employees not to join or assist the T. W. U. A.; (2) that the respondent made disparaging remarks about the members of the T. W. U. A. and other intimidatory and coercive anti-union statements to its employees; (3) that the respondent granted exclusive recognition to the U. T. W. A. at a time when the T. W. U. A. was claiming to represent a majority of its employees; (4) that the respondent terminated the employment of 35 of its employees and re- fused to reinstate them because they were members of the T. W. U. A. and engaged in concerted activities for their mutual aid and protec- tion; and (5) that by these and other acts the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On June 19, 1940, the respondent filed an answer denying the alleged unfair labor practices. Pursuant to notice duly served upon all the parties, a hearing was held on June 26, 27, and 28, and July 1, 2, and 3, 1940, at Camden, New Jersey, before J. J. Fitzpatrick, the Trial Examiner duly designated by the Board. The Board, the respondent, the T. W. U. A., and the U. T. W. A. were represented,by counsel and participated in the hearing. On July 3, 1940, during the course of the hearing, the respondent, the T. W. U. A., the U. T. W. A., and counsel for the Board entered into a stipulation. The stipulation provides as follows: STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Eavenson & Levering Co., Respondent, a party herein; Textile Workers Union of America, Local #229, affiliated with the C. 1. 0., formerly 'known as the Textile Workers Organizing Committee, a party herein; United Textile Workers of America, Local #1078,' affili- ated with the American Federation of Labor, a party herein ; and Jack Davis, attorney for the National Labor Relations Board, that : 1. This stipulation together with the Board Exhibits admitted in evidence at the hearing on June 26, 1940, shall constitute the record in this proceeding. II. The taking of testimony or evidence before the Trial Exam- iner in this matter, and the making of findings of fact and conclu- sions of law by the Board, pursuant to the provisions of the Na- tional Labor Relations Act, are hereby expressly waived by the parties herein. EAVENSON & LEVERING CO. 599 iii. Upon this stipulation, if approved by the National Labor Relations Board, and upon the record, an order may be entered by the Board, providing as follows : The respondent, Eavenson & Levering Co. and its officers, agents, successors and assigns,. 1. (a) Shall not in any manner interfere with, restrain, or coerce its employees in the exercise of their rights to self -organi- zation, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bar- gaining of other mutual aid or protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act; (b) Shall not discourage membership in the Textile Workers Union of America, Local #229, affiliated with the C. I. 0., for- merly known as the Textile Workers 'Organizing Committee, or in any labor organization of its employees by discharge, layoff, refusing to reinstate any of its employees, reinstating them to less desirable positions, or in any other manner discriminating in regard to hire or tenure of employment, or any term or condition of employment, or by coercing, advising or urging its employees to cease activities in behalf of any labor organization. 2. Cease and desist: From giving effect to its contract with the United-Textile Workers of America, Local #1078, affiliated with the American Federation of Labor, dated September 14, 1939, which contract recites the name, Wool and Textile WTorkers' Union, #1078, an affiliate of the American Federation of Labor. 3. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to the employees listed in Appendix A, hereto attached and made a part hereof, immediate and full reinstate- ment to their former, or substantially equivalent positions, with- out loss of seniority and without prejudice to the rights and privileges previously enjoyed by them; (b) Make whole the employees listed in Appendix B, hereto attached and made a part hereof, for the loss of pay suffered by each of said employees by the payment to each of them, respectively, a sum to be specified by the Regional Director of the National Labor Relations Board for the Fourth Region, from the total sum of $2,625.00; (c) Post immediately in conspicuous places in all departments of its plant and maintain for a period of at least sixty (60) consecutive clays from the date of posting, notices to its em- 600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees stating: (1), that the respondent will not engage in the conduct stated in paragraphs 1, (a), (b), and 2 of this order; (2), that the respondent will take the affirmative action set forth in paragraphs 3, (a), (b), (c ) and (d ) of this order; (3), that the respondent's employees are free to become or remain members of Textile Workers Union of America, Local #229, affiliated with the C. I. 0., or of the United Textile Workers of America, Local #1078, affiliated with the American Federation of Labor, and the respondent will not discriminate against any employee because of membership in or activity on behalf of either labor, organization; (d) Notify the Regional Director for the Fourth Region in writing within ten (10) days from the date of this order what steps the respondent has taken to comply herewith. IV. The respondent, Eavenson & Levering Co., hereby consents to the entry by the United States Circuit Court of Appeals for the Third Circuit, upon application by the Board of a consent decree enforcing an order of the Board in the form herein ' above set forth, and hereby waives further notice of the application for such decree. V. IT IS FURTHER STIPULATED AND AGREED that the respondent does hereby offer reinstatement to each of said employees listed in Appendix A, hereto attached and made a part hereof, and will reinstate said employees , and each of them, as hereinbefore pro- vided, on July 8, 1940. VI. IT IS FURTHER STIPULATED AND AGREED that the sum of $2,625.00, to be paid by the respondent to the employees listed in Appendix B, herein referred to, is in full settlement of the total amount to which all of said named employees may have been entitled; and that the Regional Director for the Fourth Region, after consultation with the Textile Workers Union of America, Local #229, affiliated with the C. I. 0., and the said employees will compute and apportion to each of said employees, named in Appendix B, the proportionate amount of the total sum of $2,625.00 to which each of said employees is entitled. Upon noti- fication in writing by the Regional Director,for the Fourth Re- gion the respondent will pay over to each of said employees the amount specified by said Regional Director as having been appor- tioned to each of said employees by him, within ten (10) days after such notification. VII. IT IS FURTHER STIPULATED AND AGREED that Lawrence Di Vietro, Arthur Pyne and George Johnson have other and sub- stantially equivalent employment in positions other than in the respondent's plant. EAVENSON & LEVERING CO. 601 VIII. IT IS FURTHER STIPULATED AND AGREED that the following- named employees have heretofore been reinstated to employment in the respondent's plant: Lester Harris Nick Koss Charles Harper William Munda Edward Bartley Gus Korch and John M. Fuller Willard Flanagan Stephen Hyk IX. IT IS FURTHER STIPULATED AND AGREED that the parties hereto will execute a consent election agreement simultaneously herewith, and that this stipulation is conditioned upon the execution of said consent election agreement. This stipulation and said consent election agreement are being entered into with a view to effectuat- ing the policies of the Act and establishing industrial peace. X. IT IS FURTHER STIPULATED AND AGREED that nothing herein contained shall be a bar to full collective bargaining by the re- spondent with the bargaining agency duly selected by the employees of the respondent in the appropriate unit, or to a "closed-shop" or "preferential-shop" contract should the parties thereto see fit to enter into such contract. XI. IT IS FURTHER STIPULATED AND AGREED that the United Tex- tile Workers of America, Local #1078, affiliated with the American Federation of Labor, is the successor union to the Wool and Textile Workers' Union, #21724, an affiliate of the American Federation of Labor, and that the Wool and Textile Workers' Union, #21724, does not exist at this date. XII. IT IS FURTHER STIPULATED AND AGREED that the only contract in existence between the respondent and any labor organization which is a party hereto is the one referred to hereinabove in para- graph III, 2, dated September 14, 1939. XIII. IT IS FURTHER STIPULATED AND AGREED that this stipulation is subject to the approval of the National Labor Relations Board. XIV. This stipulation embodies the entire agreement by the parties and there is no verbal agreement which varies, alters or adds to this stipulation. Ruben C]ayborne F. Sai atovich Roland Steward David Dillon Philip Seher Paul Piekarski Mike Doroszka Marion Kasprowicz APPENDIX A Joseph Di Gangi James Miller Albert Baj Barney Pascovitz Howard Jenkins Tony Sochanchak Mike Sochanchak Aaron Winefsky 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Tony Korok R. Brade Thomas Reed Ruben Clayborne F. Saratovich Roland Steward David Dillon Philip Seher Paul Piekarski Mike Doroszka Marion Kasprowicz Joseph DiGangi James Miller Albert Baj Barney Pascovitz Howard Jenkins Tony Sochanchak Mike Sochanchak Aaron Winefsky Tony Korok Joseph Sweeney Al Russell Frank Sapp APPENDIX B R. Brade Thomas Reed George Johnson Lester Harris Charles Harper Edward Bartley John M. Fuller Stephen Hyk Arthur Pyne William Munda Nick Koss Frank Sapp Gus Korch Willard Flanagan Joseph Sweeney Al Russell Lawrence Di Vietro On July 10, 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 Regu- lations-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: FINDINGS OF FACT 1. THE BUSINESS OF TIIE RESPONDENT Eavenson & Levering Co. is a New Jersey corporation having its principal office and plant in Camden, New Jersey, where it is engaged in the business of scouring, carbonizing, and depainting wool and roils. During 1939 the respondent received approximately $984,000 for the sale of its services, and sold waste by-products valued at approximately $127,000. During the same period it purchased raw materials valued at approximately $160,000, approximately all of which were shipped to it from points outside the State of New Jersey. Approximately all the wool and noils processed by the respondent is shipped by it to points outside the State of New Jersey. The respondent employs approximately 379 persons. EAVENSON & LEVERING CO. 603 We find that 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 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 Eavenson & Levering Co., Camden, New Jersey, its officers , agents, successors , and assigns : 1. (a) Shall not in any manner interfere with, restrain, or coerce 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 con- certed 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) Shall not discourage membership in the Textile Workers Union of America, Local #229, affiliated with the C. I. 0., formerly known as the Textile Workers Organizing Committee, or in any labor organization of its employees by discharge, lay-off, refusing to rein- state any of its employees, reinstating them to less desirable positions, or in any other manner discriminating in regard to hire or tenure of employment, or any term or condition of employment, or by coercing, advising, or urging its employees to cease activities in behalf of any labor organization. 2. Cease and desist : From giving effect to its contract with the United Textile Workers of America, Local #1078, affiliated with the American Federation of Labor, dated September 14, 1939, which con- tract recites the name, Wool and Textile Workers' Union, #1078, an affiliate of the American Federation of Labor. 3. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to the' employees listed in Appendix A, hereto attached and made a part hereof, immediate and full reinstatement to their former, or substantially equivalent positions , without loss of seniority and without prejudice to the rights and privileges' previously enjoyed by them ; (b) Make whole the employees listed in Appendix B, hereto at- tached and made a part hereof, for the loss of pay suffered by each of said employees by the payment to each of them, respectively, a sum- to be specified by the Regional Director of the National Labor Relations Board for the Fourth Region, from the total sum of $2,625.00; (c) Post immediately in conspicuous places in all departments of its plant and maintain for a period of at least sixty ( 60) consecutive 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD days from the date of posting, notices to its employees stating: (1) that the respondent will not engage in the conduct stated in para- graphs 1 (a), (b), and 2 of this Order; (2) that the respondent will take the affirmative action set forth in paragraphs 3 (a), (b), (c), and (cl) of this Order; and (3) that the respondent's employees are free to become or remain members of Textile Workers Union of America, Local #229, affiliated with the C. I. 0., or of the United Textile Workers of America, Local #10 78, affiliated with the Ameri- can Federation of Labor, and the respondent will not discriminate against any employee because of membership in or activity on behalf of either labor organization ; (d) Notify the Regional Director for the Fourth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. Ruben Clayborne F. Saratovich Roland Steward David Dillon Philip Seher Paul Piekarski Mike Doroszka Marion Kasprowicz Joseph Di Gangi James Miller Albert Baj Ruben Clayborne F. Saratovich Roland Steward David Dillon Philip Seher Paul Piekarski Mike Doroszka Marion Kasprowicz Joseph DiGangi James Miller Albert Baj Barney Pascovitz Howard Jenkins Tony Sochanchak Mike Sochanchak Aaron Winefsky Tony Korok APPENDIX A Barney Pascovitz Howard Jenkins Tony Sochanchak Mike Sochanchak Aaron Winefsky Tony Korok R. Brade Thomas Reed Joseph Sweeney Al Russell Frank Sapp APPENDIX B R. Brade Thomas Reed George Johnson Lester Harris Charles Harper Edward Bartley John Al. Fuller Stephen Hyk Arthur Pyne William'Munda Nick Koss Frank Sapp Gus Korch Willard Flanagan Joseph Sweeney Al Russell Lawrence Di Vietro