Kaisel Garment Co.

In the Matter of DORA KAISEL, DOING BUSINESS AS KAISEL GARMENT COMPANY AND KAISEL GARMENT COMPANY, A CORPORATION and COT- TON DRESSMAKERS LOCAL 182, INTERNATIONAL -LADIES' GARMENT WORKERS' UNION Case No. C=1665.Decided September 14, 1940 Jurisdiction : garment manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. L. N. D. Wells, Jr. and Mr. Wallace Cooper, for the Board. Mr. Charles H. Spoehrer, for respondents. Mr. Morris Devin and Mr. Meyer Perlstein, for the Union. Mr. D. M. Byrd, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Cotton Dress- makers Local 182, International Ladies' Garment Workers' Union, herein called the Union, the National Labor Relations Board, herein called the Board, by the,Regional Director for the Fourteenth Region (St. Louis, Missouri), issued its complaint, dated August 12, 1940, alleging that Dora Kaisel, doing business as Kaisel Garment Com- pany and Kaisel Garment Company, a. corporation, St. Louis, Missouri, herein collectively called the respondents, had engaged in and were 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 accompanying notice of hearing were duly served upon respondents and the Union. - Concerning the unfair labor practices, the complaint alleged in substance: (1) that on or about March 1, 1940, and thereafter, the respondents urged, persuaded, and warned their employees to refrain from becoming or remaining members of the Union, threatened the employees with discharge or other reprisals if they aided the Union 27 N. L. R. B., No. 54. 242 KAISEL GARMENT ` COMPANY 243' or members thereof, threatened to close the St. Louis plant should the employees participate in union activities, ' and urged certain em- ployees to keep surveillance over the meetings and activities of the Union-and to report to the respondents concerning the union activi- ties of their employees; (2) that the respondent Dora Kaisel, by her agents- and employees, on or about March 8, 1940, terminated the employment of Lorine Biggs and until March 21, 1940, refused to reinstate her because she joined and assisted the Union and engaged in concerted activities with other employees in the respondents' plant for the purpose of collective bargaining and other mutual aid and protection; (3) that respondents on and after March 15, 1940, dis- criminated in regard to the hire and tenure of employment of Mar- garet Scharenberg by assigning to her inferior and difficult work and work that other employees would not do, and on or about May 29, 1940, terminated the employment of said Scharenberg, and have at all times since May 29, 1940, refused to reinstate her because she had joined and assisted the Union and engaged in concerted activities with other employees in the respondents' plant for the purposes of collective bargaining and other mutual aid and protection; and (4) that by the foregoing and other acts, the respondents interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed by Section 7 of the Act. Thereafter on August 26, 1940, counsel for respondents, the Union, and counsel for the Board entered into and executed a stipulation in settlement of the case. This stipulation provides as follows: STIPULATION It is hereby stipulated and agreed by and between Dora Kaisel, doing business as Kaisel Garment Company and Kaisel Garment Company, a corporation, and Cotton Dressmakers' Local 182, International Ladies' Garment Workers' Union, and L. N. D. Wells, Jr. and Wallace Cooper, attorneys for the Fourteenth Region of the National Labor Relations Board, as follows: I Charges and amended charges were filed by the Cotton Dress- makers' Local 182, International Ladies' Garment Workers' Union, with the Fourteenth Regional office of the National Labor Relations Board, alleging that the respondents, Dora- Kaisel, doing business as the Kaisel Garment Company, and Kaisel Garment Company, a corporation, had violated Section 8, sub- sections 1 and 3 of the National Labor Relations Act. There- after on August 12, 1940, the National Labor Relations Board, 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD through Dorothea de Schweinitz , Regional Director for the Fourteenth Region, duly issued its Complaint and Notice of Hearing, alleging that respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8, subsections 1 and 3, and Section 2, subsections 6 and 7 of the National Labor Relations Act, 49 Stat. 449. The charges and the Complaint, together with the Notice of Hearing, were duly served upon the respondents , and each of them, and on the Cotton Dressmakers ' Local 182, International Ladies' Garment Workers' Union. The respondents did not file an answer to the Board's Complaint and hereby waive the right to file an answer . By the waiver of its' right to file an answer, and by entering into this stipulation, the respondents do not admit that they or either of them have in any way violated the National Labor Relations Act, but expressly deny that they or either of theme have in any way violated any of the provisions of said Act. II The respondent Dora Kaisel is an individual residing and doing business in the City of Saint Louis, State of Missouri, where at all times material hereto until on or about April 2, 1940, she conducted a business under the name and style , of Kaisel Garment Company , in which business she was engaged in the production, sale, and distribution of cotton dresses and other wearing apparel. The respondent Kaisel Garment Company is and has been since on or about April 2, 1940 , a corporation duly organized under and existing by virtue of the laws of the State of Missouri, having its principal office and place of business at 1531 Wash- ington Avenue , in the City of Saint Louis, State of Missouri, and is now and has been continuously since about April 2, 1940, engaged at said place of business , hereinafter referred to as the "St. Louis Plant," in the manufacture, sale, and distribution of cotton dresses and other wearing apparel. The respondents, in the course and conduct of their business as aforesaid, now cause and have continuously caused at all time material hereto, the materials and products used in the manu- facture, sale and distribution of cotton dresses and other wearing apparel, to be purchased , delivered, and transported in inter- state commerce from and through states of the United States other than the State of Missouri to the aforesaid St. Louis Plant, and cause and have at all time material hereto continuously caused the products manufactured, sold, and transported by them as a part of their business as aforesaid to be supplied , delivered, KAISEL GARMENT COMPANY 245 and transported in interstate commerce from the aforesaid St. Louis Plant in the State of Missouri to, into and through states of the United States other than the State of Missouri. Respondents and each of them agree and admit that they are engaged in interstate commerce within the meaning of Section 2, subsections 6 and 7 of the National Labor Relations Act and that respondents and each of them are subject to the provi- sions of the National Labor Relations Act and the jurisdiction of the National Labor Relations Board. All parties hereto expressly agree that the National Labor Relations Act (Sic-Board) may forthwith make jurisdictional findings based upon the facts stipulated in this paragraph and that the Board may find that the above-described operations of the respondents constitute •a continuous flow of trade, traffic, and commerce among the several states. III All parties hereto expressly agree that the charges, Complaint, and Notice of Hearing referred to in paragraph 1 above and this stipulation shall constitute the entire record in this cause, and that said documents shall be entered in the record herein by filing with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. IV All parties hereto expressly waive the right to a hearing in this matter and the making and findings of fact and conclusions of law by the National Labor Relations ' Board; and expressly agree and consent that the National Labor Relations Board may forthwith enter an order providing as follows: The respondent Dora Kaisel, doing business as Kaisel Gar- ment Company, and the respondent Kaisel Garment Company, a corporation, jointly and severally and their respective officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in C o t t o n Dressmakers' Local 182, International Ladies' Garment Workers' Union by discharging, refusing to reinstate, suspending, or in any- man-ner discriminating against any of her or its employees in regard to hire or tenure of employment or any other term or condition of employment; (b) Urging, persuading, or warning said employees to re- frain from aiding, becoming, or remaining members of the 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Cotton Dressmakers' Local 182, International Ladies' Garment Workers' Union; threatening said employees with discharge or other reprisal if they aided said union or its -members; threatening to close her or its St. Louis Plant should the employees of said plant participate in union activities ; and urging certain of her or,'its employees to keep surveillance over the meetings and activities of said union and report to the respondents concerning the union activities of her or its employees ; (c) In any other manner interfering with, restraining, or coercing her or 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 pur- pose 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 to effectuate the policies of the Act: (a) Offer to Margaret Scharenberg immediate and full re- instatement to her former or substantially equivalent position as a finisher, without prejudice to her seniority and other rights and privileges, and assign to said Margaret Scharenberg the same type of work as is assigned to other finishers in respondents' plant. (b) Make whole Lorine Biggs for any loss of pay she has suffered by reason of the respondents' discrimination in regard to her hire and tenure of employment by payment to Lorine Biggs a sum of money equal to that which she normally would have earned as wages on March 11 and 12, 1940 , being the sum of $4.80. (c) Post immediately , and maintain for a period of at least sixty (60) consecutive days from date of posting , in conspicu- ous places in each department of the respondents ' plant, notices stating ( 1) that the respondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a), (b), and (c) of this order ; (2) that the respondents will take the affirmative action set forth in paragraphs 2 (a) and (b ) of this order ; and (3) that the respondents ' employees are free, if they desire , to become or remain members of the Cotton Dressmakers' Local 182, International Ladies' Garment Workers' Union, and that the respondents will not discrimi- nate against any employee because of membership or activity in that organization ; KAISEL GARMENT COMPANY 247 (d) Notify the Regional Director for the Fourteenth Region in writing within ten (10) days from the date of this order what -steps the respondents have taken to comply herewith. V The parties hereto consent to the entry by any United States Circuit Court of Appeals of an enforcement order embodying the terms of the Board's order agreed to above, and all parties hereby waive further notice of the application for and the entry of such court order. VI All stipulations herein made are subject to the approval of the National Labor Relations Board, and should the National Labor Relations Board fail to approve the terms and conditions contained herein, this- stipulation shall be entirely void and of no effect, and the proceedings in this matter shall be in the status as if no stipulation had been entered into. VII The entire agreement of the parties hereto is contained within this stipulation; and there is no other agreement, verbal or writ- ten, which in any way varies or alters the agreement contained herein. On September 3, 1940, the Board issued its order approving the above stipulation and making it part of the record in the case and transferring the proceeding to and continuing it before the Board for the purpose of the entry of a decision and order pursuant to the provisions of the stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. TIlE BUSINESS OF THE RESPONDENTS The respondent Dora Kaisel, an individual, was engaged in busi- ness in St. Louis, Missouri, until about April 2, 1940, under the name and style of Kaisel Garment Company. About April 2, 1940, Kaisel Garment Company, a corporation, was duly organized under and now exists by virtue of the laws of the State of Missouri, having its principal office and place of business at St. Louis, Missouri. The re- spondents at all time material hereto have been - engaged in the manufacture, sale, and distribution of cotton dresses and other wear- 248 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD ing apparel. In the course of their business the respondents have caused the raw materials used in the manufacture, sale, and distri- bution of wearing apparel to be purchased, delivered, and transported in interstate commerce from States other than Missouri and have supplied, delivered, and transported their finished products from Missouri to, into, and through States other than Missouri. The respondents admit that they are engaged in interstate com- merce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondents constitute a continuous flow- of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, the 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 Dora Kaisel, doing business as Kaisel Garment Company and Kaisel Garment Company, a corporation, St. Louis, Missouri, jointly and severally, and their respective officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Cotton Dressmakers' Local 182, International Ladies' Garment Workers' Union ' by discharging, re- fusing to reinstate, suspending, or in any manner discriminating against any of her or its employees in regard to hire or tenure of employment or any other term or condition of employment; (b) Urging, persuading, or warning said employees to refrain from aiding, becoming, or remaining members of the Cotton Dress- makers' Local 182, International Ladies' Garment Workers' Union; threatening said employees with discharge or other reprisal if they aided said Union oii its members; threatening to close her or its St. Louis plant should the employees of said plant participate in union activities; and urging certain of her or its employees to keep sur- veillance over the meetings and activities of said Union and report to the respondents concerning the union activities of her or its employees; (c) In any other manner interfering with, restraining, or coercing her or 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 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. KAISEL GARMENT COMPANY 249 2.- Take the following affirmative action to effectuate the policies of the Act: (a) Offer to Margaret Scharenberg immediate and full reinstate- ment to her former or substantially equivalent position as a finisher, without , prejudice to her seniority and other rights and privileges, and assign to said Margaret - Scharenberg the same type of work as is assigned to other finishers in respondents' plant; (b) Make whole Lorine Biggs for any loss of pay she has suffered by reason of the respondent 's discrimination in regard to her hire and tenure of employment by payment to Lorine Biggs of a sum of money equal to that which she normally would have earned as wages on March 11 and 12, 1940 , being the sum of $4.80; (c) Post immediately, and maintain for a period of at least sixty (60) consecutive days from date of posting , in conspicuous places in ,each department of the respondents' plant, notices stating (1) that the respondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a), (b), and (c) of this Order; (2) that the respondents will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) -that the respondents' employees are free, if they desire , to become or remain members of the Cotton Dressmakers' Local 182, International Ladies' Garment Workers' Union, and that the respondents will not dis- criminate against any employee because of membership or activity in that organization; (d) Notify the Regional Director for the Fourteenth Region in writing within ten (10 ) days from the date of this Order what steps the respondents have taken to comply herewith.