Staple Coat Company, Inc.

In the Matter Of STAPLE COAT COMPANY, INC., EMERSON COAT COM- PANY, INC.,- AND ABRAHAM MINK and INTERNATIONAL LADIES' GARMENT WORKERS' UNION - Case No. C-1773.-Decided January 29, 1941 Jurisdiction : ladies' coat manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Shad Polier, for the Board. Mr. Franklin T. Voelker and Mr. Albert A. Arnold, of Linden- hurst, N. Y., for Staple. 'Mr. Aaron 0. Weinberg, of New York City, for Emerson. Mr. Abraham Mopper, of New York City, for Mink. Isserman, Isserman cC Kapelsohn, by Mr. Sol D. Kapelsohn, of Newark, N. J., for the Union. Mr. Milton E. Harris, of counsel to the Board. DECISION AND , ORDER STATEMENT OF THE CASE Upon charges duly filed by International Ladies' Garment Work- ers' Union, 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 complaint, dated No- vember 12, f940, against Staple Coat Company, Inc., herein called Staple, Emerson Coat Company, Inc., herein called Emerson, and Abraham Mink, herein called Mink, alleging that Staple, Emerson, and Mink, herein collectively called the respondents, at their plant in Lindenhurst, Long Island, New York, 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. The complaint, containing a notice of hearing thereon, was, duly served on Staple, on Emerson, on Mink, and on the Union. With respect to the, unfair labor practices, the complaint alleged in substance that Staple, Emerson, and Mink, on or about certain 29 N. L. R. B., No. 48 263 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD specified dates commencing with December 30, 1938, discriminatorily discharged nine named employees at the Lindenhurst plant and/or refused to allow them to continue their work; that in or about December 1938 they solicited and accepted reports concerning the employees' membership in the Union ; and that from about Decem- ber 1938 to March 1939 they questioned and threatened said em- ployees with respect to their activity on behalf of the Union. On November 23, 1940, Staple filed its answer; and on December 11, 1940, Emerson and Mink filed their separate answers.' Pursuant to notice ,2 a hearing was held in New York City from December 11 to 17, 1940, before Howard Myers, the Trial Examiner duly designated by the Board.3 On December 17, 1940, Staple, Emerson, Mink, the Union, and an attorney for the Board entered into a stipulation in settlement of the case. The stipulation reads as follows : Staple Coat Company, Inc., 152 North 4th Street, Linden- hurst, Long Island, New York (hereinafter referred to as the respondent), Emerson Coat Company, Inc., 518 Eighth Avenue, New York, New York, Abraham Mink, 1685 Ocean Avenue, Brooklyn, New York, International Ladies' Garment Workers' Union, 3 West 16th Street, New York, New York (hereinafter referred to as the union.), and Shad Polier, attorney, Second Region, for- National Labor Relations Board, hereby stipulate and agree that : 1. The respondent is and has been since May 19, 1938, a cor- poration duly organized and existing under the laws of the State,of New York, having its office and principal place of busi- ness at 152 North 4th Street, Lindenhurst, Long Island, New York. 2. The respondent is and at all times has been engaged as contractor in the manufacture of ladies coats for Emerson Coat Company, Inc., a corporation duly 'organized and existing under the laws of the State of New York. In the course of its busi- ness as aforesaid respondent has continuously received sub- stantial quantities of cloth and other raw materials used in the 1 On December 5, 1940, the Regional Director granted the requests of Emerson and Mink to extend the time for filing their respective answers to December 11, 1940 - ' On December 6, 1940 , the Regional Director, issued and duly served on the parties a notice postponing the hearing to December 11, 1940 3 On December 5, 1940, a hearing was held in New York City before the Trial Examiner, for the purpose of hearing and determining separate motions previously filed by Emerson and Mink to dismiss the complaint with respect to each of them At the close of the hear- ing the Trial Examiner denied the motions Thereafter, Emerson and Mink appealed to the Board fioni the ruling of the Trial Examiner and, in the alternative,' requested oral argument before the Board on their respective motions . On December 10, 1940 , the Board issued and duly served on the parties an order denying the appeal of Emerson and Mink from the Trial Examiner 's ruling. STAPLE COAT COMPANY, INC. 265 manufacture of ladies coats at said Lindenhurst plant, which cloth and other raw materials were transported in interstate commerce to said Lindenhurst plant from and through states of the United States other than the State of New York, and the respondent in the course of its business as aforesaid has con- tinuously delivered to said Emerson Coat Company, Inc., in New York, New York, substantial quantities of ladies coats manufactured at said Lindenhurst plant, which ladies coats said Emerson Coat Company, Inc. has continuously sold and de- livered and caused to be transported in interstate commerce to and 'through states of The United States other than the State of New York. Respondent stipulates and agrees that it is en- gaged in interstate commerce within the meaning of Section 2 (6) and (7) of the. National Labor Relations Act (hereinafter referred to. as the Act). 3. They union is a labor organization within the meaning of Section 2 (5) of the Act, and is, affiliated with the American Federation of Labor. 4. The respondent, Emerson Coat Company, Inc. and Abra- ham Mink and, the union hereby acknowledge due,service to the complaint and notice of hearing upon the complaint herein and expressly waive any right or privilege which they may have to the holding of a hearing in this case, and further expressly waive any right or privilege which they may have to the mak- ing of findings of fact or conclusions of law by the Board. 5. The union does hereby request the withdrawal, with preju- dice, of the charges and amended charges filed by the union in this case, insofar as said charge and amended charges- allege that Emerson Coat Company, Inc. and Abraham Mink engaged in unfair labor practices within the meaning of the Act. 6. Upon the basis of the amended charge filed by the union on September 27, 1940, the complaint herein and this stipulation, the respondent, Emerson Coat Company, Inc., Abraham Mink, and the Union expressly consent to the issuance by the National Labor Relations Board of an order to the following effect: ORDER Upon the basis of the above stipulation and pursuant to Section 10 (c) of the -National Labor Relations Act, the Na- tional Labor, Relations Board hereby orders that the Staple Coat Company, Inc., 152 North 4th Street, Lindenhurst, Long Island, New York, its officers, agents, successors and assigns shall : 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organiza- tion, to form, join, or assist labor organizations , to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid or protection , as guaranteed in Section 7 of the National Labor Relations Act; . (b) Discouraging membership in the International Ladies' Garment Workers' Union , affiliated with the American Feder- ation of Labor, or any other labor organization of its em- ployees or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; 2. Take the following affirmative action to effectuate the policies of the National Labor, Relations Act : (a) Offer to Ann Rosen , Fannie Rosen, George Rosen, Con- cetta Campisi, Ernest Gioglio , Fanny Gioglio, and Mary Gioglio, within ten (10 ) days after application therefor, pro- vided said application is made within fifteen (15) days after issuance of this Order, immediate and full reinstatement to their former positions, or, if these positions have been abolished or eliminated , to positions substantially equivalent thereto without prejudice to their seniority or other rights and privileges ; (b) Make whole Robert Rosen and Morris Rosen for wages lost in consequence of their discharge by Respondent by pay- ment to the aforesaid individuals of the sum of One Hundred Fifty ($150.00) Dollars each; (c) Immediately post notices in conspicuous places through- out its plant located at 152 North 4th Street , Lindenhurst, Long Island, New York, and maintain such notices for a period of sixty (60) consecutive days, stating, ( 1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraph 1 (a) and (b) of this Order; (2) that the respondent will take the affirmative action as set forth in paragraph 2 (a) and (b) of this Order; (3) that the respondent's employees are free to become and remain members of the International Ladies' Garment Work- ers' Union ; and (4 ) that the respondent will not discriminate against any employee because of membership in or activity in or in behalf of said labor organization ; and (d) Notify the Regional Director for the Second Region in writing within ten ( 10) days from the date of this Order what steps the respondent has taken to comply herewith. STAPLE COAT COMPANY, INC. 267 It is further ordered that the withdrawal, with prejudice, of the charge and amended charges herein, insofar as said' charge and amended charges allege that Emerson Coat Com- pany, Inc. and Abraham Mink engaged in unfair labor prac- tices within the meaning of the National Labor Relations Act, is hereby authorized, and the complaint herein be, and it hereby is, dismissed as to Emerson Coat Company, Inc., and Abraham Mink. 7. The respondent hereby consents to the entry by an appro- priate United States Circuit Court of Appeals, upon application by the Board, of a decree enforcing an Order of the Board in the form hereinabove set forth, and hereby waives further .notice of the application for such decree. The union expressly waives any right or privilege to contest the entry of such decree by an appropriate Circuit Court of Appeals and hereby, waives further notice of application for entry thereof. 8. This stipulation shall be subject in all respects to the ap- proval of the Board and shall become effective immediately upon approval by the Board. If this stipulation is not approved by the Board, it shall be of no force and effect and shall not be used as evidence against the parties hereto in any subsequent proceeding herein. 9: The entire agreement between all parties hereto is con- tained within the terms of this stipulation and there is no verbal or other agreement of any kind which varies, alters, or adds to said stipulation in any respect. On January 10, 1941, the Board issued and duly served upon the parties an order approving the aforesaid stipulation, making it part of the record in the case, and transferring the proceeding to and continuing it before the Board for the purpose of entry of a Decision and Order pursuant to the provisions of the said stipulation. Upon'the basis of the above stipulation and the entire record in the case, they Board makes the following : FINDINGS OF FACT 'I. THE BUSINESS OF STAPLE Staple Coat Company, Inc., a New York corporation with its office and principal place of business at Lindenhurst, Long Island, New York, is engaged in the manufacture of ladies' coats. In the course of its business, Staple has continuously received' substantial quanti- ties of cloth and other raw, materials which were transported in interstate commerce to its Lindenhurst plant from and through States of the United States other than the State of New York; and 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD has continuously delivered to Emerson Coat Company, Inc., sub- stantial quantities of ladies' coats, which the latter company causes to be transported in interstate commerce to and through States of the United States other than the State of New York. Staple Coat Company, Inc., stipulated that it was engaged in interstate commerce, within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. ORDER 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 National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent , Staple Coat Company, Inc., Lindenhurst , Long Island, New York, its officers , agents, successors, and assigns shall: 1. Cease and desist from : (a) In any manner interferring with, restraining , or coercing 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 concerted activity for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; ' (b), Discouraging membership in the International Ladies" Gar- ment Workers ' Union, affiliated with the American Federation of Labor, or any other labor organization of its employees , or in any other manner discriminating in regard to their hire and tenure of employment or any term - or. condition of their employment; 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to Ann Rosen, Fannie Rosen, George Rosen , Concetta Campisi, Ernest Gioglio, Fanny Gioglio, and Mary Gioglio, within ten (10 ) days after application therefor , provided said application is made within fifteen ( 15) days after issuance of this Order, im- mediate and full reinstatement to their former positions, or, if these positions have been abolished or eliminated , to positions substan- tially equivalent thereto without prejudice to their seniority or other rights and privileges; (b) Make whole Robert Rosen and Morris Rosen for wages lost in consequence of their discharge by respondent by payment to the aforesaid individuals of the sum of One Hundred Fifty- ($150.00) Dollars each; STAPLE COAT COMPANY, INC. 269 (c) Immediately post notices in conspicuous places throughout its plant located at 152 North 4th Street, Lindenhurst, Long Island, New York, and maintain such notices for a period 'of sixty (60),con- secutive days, stating, (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraph 1 (a) and (b) of this Order; (2) that the respondent will take the affirmative action as set forth in paragraph 2 (a) and -(b) of this Order; (3) that the respondent's employees are free to become and remain members of the International Ladies' Garment Workers' Union; and (4) that the respondent will not discriminate against any employee because of membership in or activity in or in behalf of said labor organization; and (d) Notify the Regional Director for the Second Region in writ- ing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. It is further ordered that the withdrawal, with prejudice, of the charge and amended charges herein, insofar as said charge and amended charges allege that Emerson Coat Company, Inc., and Abra- ham Mink engaged in unfair labor practices within the meaning of the National Labor Relations Act, is hereby authorized, and the complaint herein be, and it hereby it, dismissed as to Emerson Coat Company, Inc: and Abraham Mink.