Cine-Simplex Corp.

In the Matter Of CINE-SIMPLEX CORPORATION, and GENERAL THEATRES EQUIPMENT CORPORATION and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS-OF AMERICA ' Case-No. C 1737.Decided December 13, 1940. Jurisdiction : camera and precision instrument manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Edward D. Flaherty, for the Board. Mudge, Stern, Williams, &'Tucker, by Mr. Robert T. Rinear, of New York City, for the respondent. Mr. Louis Sarti, of Syracuse, N. Y., for the Union. Miss Mary Metlay, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Elec- trical, Radio and Machine 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 Third Region (Buffalo, New York), issued its complaint dated November 4, 1940, against Cine-Simplex Corporation, herein called the respondent Cine, and General Theatres Equipment Corporation, herein called the respondent Gen- eral Theatres. The Complaint alleged, that the respondent Cine and the respondent General Theatres, herein collectively called the re- spondents, had engaged in and were engaging in unfair labor prac- tices 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 were duly served upon the respondents and the Union. With respect to the unfair labor practices, the complaint alleged in substance (1) that the respondents on June .19, 1940, discharged 28 N. L. R. B., No. 79. 520 CINE-SIMPLEX CORPORATION 521 Clarence Zimmer, an employee, and have since refused to reinstate him for the reason that he joined the Union and had engaged in concerted activities for the purpose of collective bargaining and other mutual aid and protection; and (2) that the respondents dis- couraged membership in the Union by such discharge and refusal to reinstate, by threats to discharge employees if they joined the Union, by statements derogatory to the Union and its representa- tives, by prohibiting employees to talk about the Union while per- mitting discussion on other subjects, by questioning individual em- ployees about their membership in the Union, and by discrimina- torily withholding a wage increase from employees because of their union membership. On November 13, 1940, • the' respondents filed separate answers admitting certain allegations as to the nature of their business and denying the commission of the unfair labor prac- tices alleged in the complaint., On November 18, 1940, before any hearing was held, the respondents, the. Union, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : Charges and amended charges having been filed with Henry J. Winters, Regional Director, National Labor Relations Board, Third Region, and complaint having heretofore been issued and served on all parties alleging that the Respondents engaged in unfair labor practices in violation of Section 8, subsections (1) and (3) of the National Labor Relations Act (49 Stat. 449), all parties herein acknowledge service of the complaint, notice of hearing, amended charge, and copy of Rules• and Regulations of the National Labor Relations Board, Series 2, as amended. The Respondents, Cine' Simplex Corporation and General Theatres Equipment Corporation, having filed their separate answers to the complaint on, the 10th day of November 1940 wherein they denied that they had engaged in the unfair labor practices alleged in the complaint. It being the intention of the parties to dispose of the matters which have arisen, IT ' IS HEREBY STIPULATED AND AGREED by Cine-Simplex Corporation (hereinafter called Re- spondent Cine), General Theatres Equipment Corporation (here- inafter called Respondent General Theatres) ; United Electrical, Radio and Machine Workers of America; and Edward D.' Flaherty, Attorney National Labor Relations Board, as follows : I. Respondent Cine is a corporation organized and existing under the laws of the State of New York, having its principal 1 The stipulation recited below states that the answers were filed on November 10, 1940. The record, however, shows that the answers were filed on the date stated above. 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD office and place of business in the' City of Syracuse, County of Onondaga, State of New York, and is engaged in the manufac- ture, sale and distribution of cameras and precision instruments. The principal raw materials, used by the Respondent Cine are stainless steel, bronze and aluminum alloys. During the period from January 1, 1940 to October 31, 1940 the value of the products used by Respondent Cine was approximately $12,000 of which 25% was delivered to Respondent's Cine Syracuse New York plant from points outside the State of New York. During the same period the Respondent Cine manufactured at its Syracuse, New York plant finished products valued at approximately $300,000 of which 71/2% was shipped to points outside the State of New York. II. The Respondent Cine is engaged in interstate commerce within the meaning of the National Labor Relations Act and the decisions thereunder. III. All parties hereto waive all further and other procedure provided,by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the taking of testimony and, the making of Findings of Fact and Conclusions of Law. IV. United Electrical, Radio and Machine `Yorkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization within the meaning of Section 2 (5) of the Act. V. This stipulation, together with the second amended charge, complaint, notice of hearing, answer of Respondent Cine and Respondent General Theatres, Rules and Regulations of National Labor Relations Board, Series 2, as amended, may be introduced in evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board and shall constitute the record in this case. VI. It is understood and agreed that Clarence Zimmer has other and substantially equivalent employment and that he will not be reinstated to his job in the Respondent's Cine Syracuse, New York plant. VII. It is further understood and agreed that the labor policy of the Respondent Cine being in no way directed and controlled by Respondent General Theatres, the complaint as to the Respondent General Theatres may be dismissed. VIII. On the basis of the facts stipulated in paragraph I above, the pleadings and the record described in paragraph V above, and upon this stipulation, if and when approved by the National Labor Relations Board, an order may forthwith be entered by said Board providing as follows : CINE-SIMPLEX CORPORATION 523, I ORDER The National Labor Relations Board, hereby orders that Cine- Simplex Corporation, its officers, agents, successors and assigns, shall : 1. Cease and desist from : (a) discouraging membership in the United Electrical, Radio and Machine Workers of America or any other labor organization of its employees by laying off, dis- chargin, refusing to reinstate or in any other manner dis- criminating in regard to the hire or tenure of employment of its employees because of membership or activity in connection with any labor organization; (b) in any manner interfering with, restraining or coercing its employees in the exercise of the rights of its employees 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 protec- tion as guaranteed in Section 7 of the' National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act. (a) Post immediately in conspicuous places in its plant and maintain for a period of at least 60 consecutive days from the date of posting, notices to its employees stating: (1) that Cine-Simplex Corporation will, not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this order; (2) that the Respond- ent Ciue will take the affirmative action set forth in paragraphs 2 (a) of this order; (b) Notify the Regional Director of the Third Region in writing within 10 days from the date of this order of the steps Respondent Cine has taken to comply herewith. IX. The Respondents, Cine and General Theatres, hereby con- sent to the entry by the United States Circuit Court of Appeals for the appropriate circuit upon application of the Board of a Consent Decree enforcing an order of the Board in the form here- inabove set forth and hereby waive further notice of the applica- tion for such Decree. X. It is understood and agreed further that this stipulation is subject to the approval of the National Labor Relations,Board and shall become effective immediately upon receipt of notice granting such approval. XI. It is understood and agreed that this stipulation embodies the entire agreement between the parties and there is no verbal agreement- of any kind which varies, alters or adds to this stipulation. 524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On November 25, 1940, the Board issued its order approving the above stipulation, making it part of the record, and transferring the proceeding to the Board for the purpose of entry of a Decision and Order by the Board pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE, RESPONDENT CINE ' The respondent Cine, a New York corporation, having its principal office and place of business in Syracuse, New York, is engaged in the manufacture, sale, and distribution of cameras and precision instru- ments. The principal raw materials used by the respondent Cine are stainless steel, bronze, and aluminum alloys. During the period from January 1 to October 31, 1940, the value of the products used by the respondent Cine was approximately $12,000. Twenty-five per cent of .the products used by the,respondent Cine was delivered to it from points outside the State of New York. During the same period it manufactured finished products valued at approximately $300,000, of which 71/2 per cent was shipped to points outside the State of New York. The respondent Cine concedes that it is engaged in interstate com- merce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER The National Labor Relations Board hereby orders that Cine- Simplex Corporation, its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in the United Electrical, Radio and Machine Workers of America or any other labor organization of its employees by laying off, discharging, refusing to reinstate or in any other manner discriminating in regard to the hire or tenure of employ- ment of its employees because of membership or activity in connection with any labor organization; (b) In any manner interfering with, restraining or coercing its employees in the exercise of the rights of its employees to self -organi- zation, to form, join, or assist labor organizations, to bargain collec- tively 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. CINE-SIMPLEX CORPORATION 525 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act. (a) Post immediately in conspicuous places in its plant and main- tain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : ( 1) that Cine-Simplex Corporation will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this order ; (2) that the Respondent Cine will take the affirmative action set forth in paragraphs 2 (a) of this order; (b) Notify the Regional Director of the Third Region in writing within ten (10) days from the date of this order of the steps Respond- ent Cine has taken to comply herewith. AND IT IS FURTHER ORDERED that the complaint against General Theatres Equipment Corporation be, and it hereby is, dismissed.