J. Klotz & Co.

In the Matter of JACOB H. KLOTZ AND RUTH KLOTZ, DOING BUSINESS UNDER THE NAME AND STYLE OF J. KLOTZ & COMPANY and JOINT BOARD OF SUITCASE, BAG & PORTFOLIO MAKERS' UNION, A. F. OF L. Case No. C-829 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER January 16, 1941 On July 20 , 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Order in the above-entitled pr6ceeding.1 On December 24, 1940, Jacob H. Klotz and Ruth Klotz, doing business under the name and style of J. Klotz & Company, Pawling 'Leather Goods Manufacturing Corporation, Joint Board of Suitcase, Bag & Portfolio Makers' Union , A. F. of L., and a repre- sentative of the Board , entered into the following stipulation : The National Labor Relations Board (hereinafter called the Board), on July 20, 1939, having issued its Order in the above- entitled matter, and it being the desire of the parties hereto to dispose of the matters involved by mutual agreement and the parties hereto having this day entered into a Consent Decree disposing of the matters arising under the said Order of the Board, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, that : (1) Pawling Leather Goods Manufacturing Corporation (here- inafter called the Corporation ) is a Corporation which was organized on November 1, 1938, and which exists by virtue of the Laws of the State of New York, and is engaged in the manu- facture and sale of school bags, bathing bags, zipper bags, and articles of a, similar nature. On or about November 1, 1938, Jacob H. Klotz and Ruth Klotz, doing business under the name and style of J. Klotz & Company (hereinafter called the Com- pany ) sold to the Corporation all the equipment contained in the manufacturing plant formerly operated by the Company at 113 N. L. R. B. 746. 29 N. L. R. B., No. 3. 14 JACOB H. KLOTZ 15 Pawling, New York , and said Company assigned to said Corpo- ration the lease covering said premises . At the same time, the Company entered into an agreement with said Corporation pur- suant to the terms of which said Corporation agreed to, and did and does now, manufacture goods and articles for said Company according to specifications and requirements furnished by said Company. The Company, in turn, sells the goods and articles so manufactured by the Corporation. The goods processed by the Corporation and sold by the Company are purchased and sold in interstate commerce in approximately the same proportions as the goods manufactured and sold by the Company prior to November 1, 1938; '(2) All of the production employees, excluding supervisory and clerical employees, employed at the plant-of Pawling Leather Goods Manufacturing Corporation in Pawling, New York, con- stitute a unit appropriate for the purposes of collective bargain- ing, and that such unit insures the employees the full benefit of their right to self-organization and to collective bargaining; (3) The Corporation and the parties hereto hereby waive the issuance of amended complaint , holding of further hearing, the making of Intermediate Report, and the making of further findings of fact and conclusions of law in this matter, and agree : That the Board vacate its Order dated July 20, 1939, in Case No. 0-829, and enter a new Order in lieu thereof, without further notice, against Jacob H. Klotz and Ruth Klotz, doing business under the style and name of J. Klotz & Company, and Pawling Leather Goods Manufacturing Corporation jointly and severally, as necessary parties in this matter in the form as set forth below : ORDER Upon the basis of the foregoing findings of fact and conclu- sions of law, and pursuant to Section 1Q (c) of the National Labor Relations Act and this Stipulation, the National Labor Relations Board hereby orders that the respondents , Jacob H. Klotz and Ruth Klotz, doing business under the style and trade name of J; Klotz & Company, individually and collectively, and their successor, Pawling Leather Goods Manufacturing Corporation, Pawling, New York, and their respective officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Refusing to bargain collectively with Suitcase, Bag & Portfolio Makers' Union as the exclusive representative of their production employees , excluding supervisory and clerical employees, employed at the plant of Pawling Leather Goods 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Manufacturing Corporation in Pawling, New York, upon said Union's demonstrating, in a Consent Election, to be held in accordance with the provisions of the Stipulation between the parties, that at the time of the holding of such election' it repre-- sents a majority of said employees of Pawling Leather Goods Manufacturing Corporation in said appropriate unit; (b) Discouraging membership in Suitcase,,Bag & Portfolio Makers"Union, or in any other labor organization of its em- ployees, by discharging, laying off, refusing to reinstate, dis- criminating in regard to hire and tenure of employment, or any term or condition of employment or in any other manner interfering with, restraining, or coercing their employees in the exercise of their rights Ito 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 and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board the National Labor Relations Act. (a) Upon request, bargain collectively with Suitcase, Bag & Portfolio Makers' Union as the exclusive representative of their production employees, excluding supervisory and clerical employees, employed at the plant of Pawling Leather Goods Manufacturing Corporation in Pawling, New York, in respect to wages, hours of work, or other conditions of employment, upon said Union's demonstrating, in a Consent Election, to be held in accordance with the provisions of the Stipulation be- tween the parties, that at the time of the holding of such elec- tion it represents a majority of said employees of Pawling Leather Goods Manufacturing Corporation in said appropriate unit; (b) -Upon application, offer to all persons in their employ on August 17, 1936, who went on strike on August 17, 1936, and who have not since been reinstated to their former or sub- stantially equivalent positions, reinstatement to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges, in the following manner : All persons not in respondents' employ at the commencement of the strike, hired on or after August 17, 1936, the date of the commencement of the strike, shall, if necessary to provide employment for the employees referred to in the preceding paragraph and who accept reinstatement, be dismissed. If, after this is clone, there is not, by reason of a reduction in the JACOB H. KLOTZ 17 force of employees needed, sufficient employment immediately available for the remaining employees, including those referred to in the preceding paragraph and who accept reinstatement, all available positions shall be distributed among such em- ployees, without discrimination against any employee because of his or her union affiliation or activity, following a system of seniority or other procedure to such extent as has hereto- fore been applied in the conduct of the respondent's business. Those employees remaining after such distribution, for whom no employment is immediately available, shall be placed on a preferential list in accordance with the principles set forth in the preceding sentence, and shall thereafter , in accordance with such list, be offered employment in their former or sub- stantially equivalent positions , as such employment becomes available and before other persons are hired for such work; (c) Post immediately in a conspicuous place in the plant in Pawling, New York, a copy of this order, and a copy of the provisions of the Stipulation relating to the Consent Election, together with a statement that the respondents intend to comply therewith ; (d) Maintain such notices for a period of at least thirty (30) consecutive days from the date of posting; (e) Notify the Regional Director for the Second Region in writing within ten (10 ) days from the date of this Order what steps the respondents have taken to comply herewith. 4. The parties hereto consent to the entry by the United States Circuit Court of Appeals for the Second Circuit of a Decree enforcing the above Order to be'entered by the Board, applica- tion foi the decree to be made by the Board, and the parties hereto waive further notice of the application for such decree; 5. In complying with paragraph 2 (b) of the above Order respondent Pawling Leather Goods Manufacturing Corporation shall, by registered mail, postage prepaid, (copies to Suitcase, Bag & Portfolio Makers' Union ) advise Anna Gallagher, Emma Fairell , Mrs. L. J. Taney, Mrs . Grace Bierce, Louis Rady, Mary Laurie, Irving Ulaner, Sam Cohen, J. Dickman, I. Friedman, Stephen Buchinger, Pauline Eastwood, Evelyn Vassak, Jr., Mad- eline Bierce, John Brill, Sadie Martin, Anna McDonald, B.' Ulaner, William Zuckerman , Max Rosenshein, Louis Rosen and A. Harris, who were in J. Klotz & Company 's employ on August 17)1936 , that Pawling Leather Goods Manufacturing Corporation is offering them reinstatement pursuant to the direction of the Board, 'and, requesting them to report for work on a date seven (7) days - after the said registered letters are mailed or indicate 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD • to Pawling Leather Goods Manufacturing Corporation within seven (7) days after said registered letters are mailed, their intention to accept such reinstatement, it being understood that all of the 'above-named employees, except in the case of illness, or by agreement of the parties, must report for work- not later than fourteen (14) days after the postmark date on said regis- tered letters or forfeit all right to reinstatement, it being further understood that those of the above named employees who desire to accept the offer of reinstatement but who do not report for work on the required date, to wit : within seven days after said registered letters are mailed, shall personally advise Pawling Leather Goods Manufacturing Corporation, in writing, of their intention to accept reinstatement within the conditions in this paragraph, setting forth the date when they will report for work, which must be not later than fourteen days after said registered letters are mailed. (6) The Corporation hereby consents to the holding of an election by an agent or agents of the Board, if requested by Suit- case, Bag &, Portfolio Makers' Union within seven (7) days after compliance by the Corporation with the provisions of paragraph 2 (b) of the Order above set forth (in order to fix a date certain for the beginning of the seven (7) day period in which the union, shall have to request an election and the fourteen (14) days in which the election must be held, compliance with the provisions of paragraph 2_(b) of the Order shall, for this purpose only be deemed' to take place on the date the, employees are to report for work as set forth in the registered letters in accordance with the terms of paragraph 5 of this Stipulation, which date will be seven (7) clays after the registered letters are mailed), the Con- sent Election if, so requested to be held within fourteen (14) days after such compliance, to ascertain if a majority of its employees in the appropriate unit, as heretofore set forth in paragraph (2) of this Stipulation, desires to be represented for the purpose of collective bargaining by Suitcase, Bag & Portfolio Makers' Union. The time limitations set forth in this paragraph and in paragraph five hereinabove are of the essence of 'this Stipulation. (a) Those eligible to vote shall be all those persons who in good faith are carried on the pay roll of the Corporation as regular employees, whether then actually working or not, in the appropriate unit above set forth, on the date of the approval by the Board of this Stipulation, including those who have accepted reinstatement as offered by the Corporation in compliance with paragraph 2 (b) of the above Order and with paragraph five of this Stipulation, but excluding those employees who in good faith JACOB H. KLOTZ 19 should have been displaced by the employees being reinstated as herein set forth; (b) The Corporation agrees to furnish two copies of its pay roll for the said date to the Regional Director of the, Board for the Second Region ; (c) The Corporation agrees to cooperate fully with the Re- gional Director in the conduct of said election and specifically agrees to check the names on such submitted-pay roll in order to eliminate in advance of such election the names of persons ineligible to vote ; (d) The sole question to be,voted on at such election shall be whether or not the eligible employees in the above set forth appropriate unit desire the Suitcase, Bag & Portfolio Makers' Union to represent them for the purposes of collective bargaining; (e) The Corporation agrees to allow an agent of said Regional Director to post notices of said election on the Corporation's premises at least 24 hours prior to the election and to distribute copies of such notices to each of the employees of the Corpo- ration; (f) The votes shall be counted and tallied by an agent of the Regional Director, but the employers and the Union shall each be allowed to station two authorized observers at the polling place during such election for the purpose of challenging ineligible voters and to verify such tally; (g) The Corporation and the Suitcase, Bag & Portfolio Mak- ers' Union agree to be guided by and to abide by all rulings of the Regional Director on any question raised relating to such election and not determined in this agreement; (7) The Company and the Corporation agree to immediately comply with the terms of the Board Order as set forth above without waiting either for- the formal entry of the Order by the Board or the entry of the decree in the Circuit Court; (8) The execution of this Stipulation and performance thereof and of said Consent Decree by the parties hereto shall conclude all matters arising in this proceeding, but shall not preclude the taking of any steps necessary to procure the entry of the said Consent Decree in the United States Cirucit Court of Appeals for the Second Circuit; (9) It is understood and agreed that the entire agreement is contained within the terms of this Stipulation and said Consent Decree and that there is no verbal agreement of any kind which varies, alters or adds to this Stipulation and Consent Decree; (10) It is further understood and agreed that this Stipulation and Consent Decree are subject to the approval'of the Board and shall become effective immediately upon the granting of such 413002-42-yol. 29-3 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD approval. If the Board does not approve this Stipulation and Consent Decree, they shall be void and of no effect and shall not be used as evidence in this or any other case. On January 4, 1941, the Board approved the above stipulation and ordered it-made a part of the record herein. Upon the basis of the above stipulation, the National Labor Rela- tions Board hereby vacates the Order issued herein on July 20, 1939, and orders that the following Modified Order be, and it hereby is, substituted in lieu thereof : ORDER Upon the basis of the foregoing findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act and this Stipulation, the National Labor Relations Board hereby orders that the respondents, Jacob H. Klotz and Ruth Klotz, doing business under the style and trade name of J. Klotz & Company, in- dividually and collectively, and their successor, Pawling Leather Goods Manufacturing Corporation, Pawling, New York, and their respective officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Refusing to bargain collectively with Suitcase, Bag & Portfolio Makers' Union as the exclusive representative of their production employees, excluding supervisory and clerical employees, employed at the plant of Pawling Leather Goods Manufacturing Corporation in Pawling, New York, upon said Union's demonstrating, in a Con- sent Election, to be held in accordance with the provisions of the Stipulation between the parties, that at the time of the holding of such- election it represents a majority of said employees of Pawling Leather Goods Manufacturing Corporation in said appropriate unit; (b) Discouraging membership in Suitcase, Bag & Portfolio Makers' Union, or in any other labor organization of its employees, by discharging, laying off, refusing to reinstate, discriminating in regard to hire and tenure of employment, or any term or condition of employment or in any other manner interfering with, restraining, or coercing their 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 and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Upon request, bargain collectively with Suitcase, Bag & Port- folio Makers' Union as the exclusive representative of their produc- JACOB H. KLOTZ 21 tion employees, excluding supervisory and clerical employees, em- ployed at the plant of Pawling Leather Goods Manufacturing Cor- poration in Pawling, New York, in respect to wages, hours of work, or other conditions of employment, upon said Union's demonstrating, in a Consent Election, to be held in accordance with the provisions of the Stipulation between the parties, that at the time of the holding of such election it represents a majority of said employees of Pawling Leather Goods Manufacturing Corporation in said appropriate unit; (b) Upon application, offer to all persons in their employ on Au- gust 17, 1936, who went on strike on August 17, 1936, and who have not since been reinstated to their former or substantially equivalent positions, reinstatement to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges, in the following manner : All persons not in respondents' employ at the commencement of the strike, hired on or after August 17, 1936, the date of the com- mencement of the strike, shall, if necessary to provide employment, for the employees referred to in the preceding paragraph and who, accept reinstatement, be dismissed. If, after this is done, there is not, by reason of a reduction in the force of employees needed, suffi- cient employment immediately available for the remaining employees, including those referred to in the preceding paragraph and who ac- cept reinstatement, all available positions shall be distributed among such employees, without discrimination against any employee because of his or her union affiliation or activity, following a system of senior- ity or other procedure to such extent as has heretofore been applied in the conduct of the respondents' business Those employees remain- ing after such distribution, for whom no employment is immediately available, shall be placed on a preferential list in accordance with the principles set forth in the preceding sentence, and shall thereafter, in accordance with such list, be offered employment in their former or substantially equivalent positions, as such employment becomes available and before other persons are hired for such work; (c) Post immediately in a conspicuous place in the plant in Pawl- ing, New York, a copy of this order, and a copy of the provisions of the Stipulation relating to the Consent Election, together with a state- ment that the respondents intend to comply therewith; (d) Maintain such notices for a period of at least thirty (30^ consecutive days from the date of posting; (e) Notify the-Regional Director for the Second Region in writing within ten (10) days from the date of this Order 'what steps the respondents have taken to comply herewith.