Heinsheimer Bros., Inc.

In the Matter Of HEINSHEIMER BROS., INC. and UNITED WHOLESALE & WAREHOUSE EMPLOYEES OF NEW YORK, LOCAL #65, OF THE UNITED WHOLESALE & RETAIL EMPLOYEES, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-1620.-Decided July 24, 1940 Jurisdiction : millinery supplies importing and jobbing industry. Settlement : stipulation providing for compliance with the Act. Remedial Order : entered on stipulation. Mr. Leslie Clifford and Mr. Winthrop Johns, for the Board. Mr. Mitchell Weil of New York City, and Weisman, Celler, Quinn, Allan cC Spett, by Mr. Isidore Miller of New York City, for the respondent. Mr. Harold Weston, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by United Wholesale & Warehouse Employees of New York, Local #65, of the United Wholesale & Retail Employees, affiliated with the Congress of Industrial Organi- zations, 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 amended complaint dated Febru- ary 19, 1940, against Heinsheimer Bros., 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 accompanied by notice of hearing were duly served upon the respondent and upon the Union. Regarding the unfair labor practices, the complaint alleged, in substance, that the respondent, on or about August 15, 1938, and at all times thereafter, refused to bargain collectively with the Union as the representative of its employees in an appropriate unit, although the Union was the designated representative of a majority of such em- 25N.L.R.B.,No.89. 800 HEINSHEIMER BROS., INC. 801 ployees; that the respondent discharged and refused to reinstate Sam Munjack and Ben Munjack because of their membership in and activ- ities on behalf of the Union; and that by the aforesaid acts and by persuading and warning its employees to refrain from joining the Union, by threatening its employees with discharge or other reprisals if they became or remained members of the Union, by urging its em- ployees to bargain with it individually rather than through the Union, by keeping union members and meetings under surveillance, and by 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 February 23, 1940, the respondent filed its answer to the amended complaint denying all allegations with respect to the unfair labor practices and setting forth certain affirmative defenses thereto. Pursuant to notice, a hearing was held in New York City from February 29 to March 8, 1940, before James C. Paradise, the Trial Examiner duly designated by the Board. The Board and the re- spondent were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. On June 13, 1940, the Trial Examiner issued his Intermediate Report in which he found that the respondent had engaged in unfair labor practices within the meaning of Section 8 (1), (3), and (5) of the Act. He recommended that the respondent cease and desist from such unfair labor practices, upon request bargain collectively with the Union, and reinstate Sam Munjack and Ben Munjack with back pay. Thereafter, on July 10, 1940, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case, subject to approval by the Board. The stipulation provides as follows : STIPULATION The National Labor Relations Board (hereinafter called the Board) having, after charges filed, complaint issued and hearing held, through its duly designated Trial Examiner, issued its Inter- mediate Report dated June 13, 1940 in the above-entitled matter, and it being the desire of the parties hereto to dispose of the matters i involved by mutual agreement. IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto : (1) That the respondent does hereby waive the filing of excep- tions to the Intermediate Report above referred to. (2) That the respondent is a New York corporation having its principal office and place of business in the City of New York. It admits that it is engaged in interstate commerce within the meaning of Section 2 of the Act and does not contest the jurisdic- tion of the Board. 802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (3) That United Wholesale and Warehouse Employees of New York, Local No. 65, of the United Retail and Wholesale Employees of America, affiliated with the Congress of Industrial Organizations, is a labor organization which is a duly constituted Union. (4) That all stock boys, shipping employees, packers, errand boys, inside salesmen, checkers, billers and porters, employed at the New York City plant of the respondent, exclusive of outside salesmen, office and supervisory employees, by an election held in September, 1938 under the auspices of the National Labor Relations Board were deemed to constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. (5) That the respondent. waives all further proceedings be- fore the Board, including oral argument and the making of find- ings of fact and conclusions of law, and that upon the basis of this stipulation and the entire record in the case, the Board may ,enter the following order : - ORDER Upon the basis of this stipulation and the entire record, the National Labor Relations Board hereby orders that the re- spondent , Heinsheimer Bros. Inc., its officers , agents, successors, and assigns , shall: 1. Cease and desist from: (a), In any manner discouraging membership in the United Wholesale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees , affiliated with the Congress of Industrial Organizations , or any other labor organization of its employees , by discriminating in re- gard to hire and tenure of employment or any term or con- dition of employment; (b) Refusing to bargain collectively with the United Wholesale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees , affiliated with the Congress of Industrial Organizations, the representa- tive of the stock boys, shipping employees, packers , errand boys, inside salesmen, checkers , billers and porters employed at the New York City plant of the respondent , exclusive of office and supervisory employees] and outside salesmen; (c) 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 HEINSHEIMER BROS., INC. 803 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 Act. 2. Take the following affirmative action in order to effectu- ate the policies of the Act : (a) Make whole Sam Munjack and Ben Munjack for any loss of pay they may have suffered by reason of the respond- ent's discrimination, by paying over to the Regional Director of the Board for the Second Region, the sum of Six Hundred ($600.00) Dollars to be distributed by her, pro rata, to Sam Munjack and Ben Munjack, the said Regional Director's deci- sion on the sums to be given each to be final; (b) Upon request bargain collectively with the United Wholesale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees, affili- ated with the Congress of Industrial Organizations, as the exclusive representative of all the stock boys, shipping em- ployees, packers, errand boys, inside salesmen, checkers, billers and porters employed at the New York City plant of the respondent, exclusive of office and supervisory employees and outside salesmen, with respect to rates of pay, wages, hours of employment and other conditions of employment; (c) Immediately post notices in conspicuous places through- out its New York City plant and maintain such notices for a period of sixty (60) consecutive days stating that the re- spondent will not engage in the practices above ordered to cease and desist and further stating that the respondent will upon request bargain collectively with the United Wholesale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees, affiliated with the Congress of Industrial Organizations, as the exclusive repre- sentative of all stock boys, shipping employees, packers, errand boys, inside salesmen, checkers, billers and porters employed at the New York City plant of the respondent, exclusive of office and supervisory employees and outside salesmen, with respect to rates of pay, wages, hours of employment and other conditions of employment; (d) Notify the Regional Director for the Second Region in writing, within twenty (20) days, what steps respondent has taken to comply with the -terms of this Order. (6) That Sam Munjack and Ben Munjack shall not be en- titled to reinstatement as recommended in the Intermediate Report above referred to. 804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (7) That the execution of this stipulation by the parties hereto, and compliance with the terms of this stipulation and the consent order hereinabove set forth, shall conclude all matters arising in this proceeding. (8) That, if the respondent fails to comply with the terms of this stipulation and the consent order above set forth, the Board may, upon 5 days' notice to the respondent, make application to the United States Circuit Court of Appeals for the Second Circuit for the entry of a decree enforcing the said consent order, the respondent hereby waiving all right to contest the entry of the decree except upon the question of compliance with the terms of the said order. (9) It is understood and agreed that the entire agreement is contained within the terms of this stipulation and said consent order and that there is no verbal agreement of any, kind which varies, alters, or adds to this stipulation. (10) It is further understood and agreed that this stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. (11) It is understood that the signing of this stipulation by respondent is not an admission on its part of any violation of the National Labor Relations Act. On July 12, 1940, the Board issued its order approving the above stipulation and making it part of the record in the case. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Heinsheimer Bros., Inc., a New York corporation, is engaged at its plant and principal place of business at New York City, in the wholesale importing, jobbing, sale, and distribution of millinery supplies and related products. During 1939, the respondent purchased raw materials valued at about $200,000, approximately 75 per cent of which were shipped to its New York City plant from points outside the State of New York. During the same period, the finished products sold and shipped by the respondent were valued at about $200,000, approximately 50 per cent of which were transported to points outside the State of New York. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. IHEINSHEIMER BROS., INC. ORDER 805, Upon the basis of the above findings of fact, stipulation, and the, entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Heinsheimer Bros., Inc., its officers, agents, suc- cessors, and assigns shall: 1. Cease and desist from : (a) In any manner discouraging membership in the United Whole- sale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees, affiliated with the Congress of Industrial Organizations, or any; other labor organization of its employees, by discriminating in regard to hire and tenure of employ- ment or any term or condition of employment; (b) Refusing to bargain collectively with the United Wholesale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees, affiliated with the Congress of Industrial Organizations, as the representative of the stock boys, shipping employees, packers, errand boys, inside salesmen, checkers, billers, and porters employed at the New York City plant of the respondent, exclusive of office and supervisory employees and outside salesmen ; (c) 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 Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole Sam Munjack and Ben Munjack for any loss of pay they may have suffered by reason of the respondent's discrimina- tion, by paying over to the Regional Director of the Board for the Second Region, the sum of Six Hundred ($600.00) Dollars to be distributed by her, pro rata, to Sam Munjack and Ben Munjack, the said Regional Director's decision on the sums to be given each to be final ; (b) Upon request bargain collectively with the United Wholesale and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees, affiliated with the Congress of Industrial Organizations, as the exclusive representative of all the stock boys, shipping employees, packers, errand boys, inside salesmen, checkers, billers, and porters employed at the New York City plant of the respondent, exclusive of office and supervisory employees and 283036-42-vol 25-52 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD outside salesmen, with respect to rates of pay, wages, hours of em- ployment and other conditions of employment; (c) Immediately post notices in conspicuous places throughout its New York City plant and maintain such notices for a period of sixty (60) consecutive days stating that the respondent will not engage in ,the practices above ordered to cease and desist and further stating that the respondent will upon request bargain collectively with the United Wholesal3 and Warehouse Employees of New York, Local #65, of the United Wholesale and Retail Employees, affiliated with the Congress of Industrial Organizations, as the exclusive represent- ative of all the stock boys, shipping employees, packers, errand boys, inside salesmen, checkers, billers, and porters employed at the New York City plant of the respondent, exclusive of office and supervisory ,employees and outside ,salesmen, with respect to rates of pay, wages, hours of employment and other conditions of employment; (d) Notify the Regional Director for the Second Region in writ- ing, within twenty (20) days from the date of this Order what steps- ,the respondent has taken to comply herewith. MR. WILLIAM M. LEISFRSON took no part in the;acoi4sideration of ,the above Decision and Order.