Sam Barkin, Inc.

In the Matter of SAM BARKIN, INC. and INTERNATIONAL LADIES' GAR- MENT WORKERS' UNION5 EASTERN OUT-OF-TOWN CLOAK DEPART- MENT, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-1788.-Decided February 6, 1941 Jurisdiction : women's coats manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Millard L. MMlidonick, for the Board. Mr. Samuel Miller, of Haverstraw, N. Y., for the respondent. Isserman, Isserman c6 Kapelsohn, of Newark, N. J., for the Union. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND ORDER STATEMENT OF TIIE CASE Upon charges and amended charges duly filed by,International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak De- partment, affiliated with the American Federation of Labor, 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 December 19, 1940, against Sam Barkin, Inc., Garnerville, New York, herein called the respond- ent, 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 (4) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and the accompanying notice of hearing thereon were duly served 'upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance (1) that on or about August 10, 1939, the respondent discharged Fred Galione because he joined and assisted the- Union and engaged in concerted activities for the purposes of collective bargaining and other mutual aid or protection; (2) that from' about August 19, 1939, clown to and including the date of the filing of the 29 N. L R. B, No. 80. 417 418 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD complaint, the respondent had refused to reinstate Fred Galione because he filed charges under the Act; (3) that the respondent engaged in numerous acts designed to discourage membership in and activity on behalf of the Union, including threats of removal of operations, shut-down of its plant, and other reprisals against employees who aided, became, or remained members of the Union, espionage, and surveillance of activities of its employees in con- nection with the Union, and vilification of said Union and its repre- sentatives; and (4) that by these and 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 January 8, 1941, the respondent filed an answer denying the commission of the unfair labor practices alleged in the complaint. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated January 15, 1941. The stipulation provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Sam Barkin, Inc., International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak Department, affiliated with the American Federation of Labor, and Millard L. Midonick, attor- ney for the National Labor Relations Board, Second Region : I. Sam Barkin, Inc., hereinafter called the respondent, is and has been since on or about March 25, 1937, a corporation organized under and,existing by virtue of the laws of the State of New York and is now and has been continuously engaged, with its principal office and place of business at Haverstraw Industrial Terminal, in the Village of Garnerville, County of Rockland, and State of New York, hereinafter called the Garner- ville plant, in the manufacture for distribution of women's coats and related products. IL The respondent is a contractor manufacturing women's coats and related products for various jobbers. During the year 1940, substantially all of the respondent's work came from three jobbers, to wit, Jack Steinberg & Meyers, Inc., 500 Seventh Avenue, New York, New York, Marlene Coats, Inc., 230 West 38th Street, New York, New York, and Chatham Garment Com- pany, Inc., 250 West 39th Street, New York, New York. III. The jobbers referred to in paragraph II above send rolls of cloth to the respondent from which the respondent manufactures from 60,000 to 70,000 women's coats per year. SIAM BARKIN INC. 419 IV. Substantially all of the aforesaid rolls of cloth sent to the respondent are transported from, the places of business of the jobbers in New York City by means of the trucks of a trucking concern named Barney's Express, Inc., 257 West 38th Street,, New York, New York, and substantially all of the finished garments manufactured by respondent are transported to the aforesaid jobbers located in New York, New York, by the same means. V. The freight charges for the transportation of the rolls of cloth and the finished products between Jack Steinberg & Meyers, Inc., and the respondent are paid to Barney's Express, Inc., by Jack Steinberg & Meyers, Inc. The freight charges for the transportation of the rolls of cloth and the finished products between Marlene Coats, Inc., and the respondent, and between. Chatham Garment Company,-Inc., and the respondent are paid to Barney's Express, Inc., by the respondent. VI. The trucks of Barney's Express, Inc., in transporting substantially all of the aforedescribed materials and products. hauled from New York City to the Garnerville plant of the respondent, and from the Garnerville plant of the respon lent to New York City, invariably traverse a route through the State of New Jersey. VII. Approximately 85 per_ cent of the total business done by the respondent during 1940 was performed for Jack Stein- berg & Meyers, Inc. VIII. Rolls of cloth sent by Jack Steinberg & Meyers, Inc., to the respondent for manufacture into garments are invariably, accompanied by an invoice in the following form : CONTRACTORS JACK STEINBERG & MEYERS, INC. 500 7th Avenue New York, New York Date Consigned to: ------------------------ Address: ---------------------- Order No. ----------------------- Style No : The merchandise mentioned below and delivered, to you on consignment shall be and remain our property, to be returned upon demand. Said merchandise is to be made into. garments, and said garments so manufactured shall be and re- 413602-42-vol 29--28 420 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD main our property. All adjustments shall be made upon de- livery of garments to us by the consignee at our place of busi- ness. Prices are extended as a matter of convenience on a basis of adjustment only. In the event of delivery of any merchan- dise which is not aceptable to us, we reserve the right to charge your account with the value of such merchandise. No cuts will be accepted. PIECE NO. ACCEPTED BY YARDS - DESCRIPTION APPROVED BY PRICE CHECKED BY AMOUNT DELIVERED BY IX. During the year 1940 Jack Steinberg & Meyers, Inc., billed the respondent for the cloth delivered to the respondent at a rate equivalent to approximately $4.00 for each quantity of cloth sufficient for one garment. Upon the manufacture of the garments by the respondent out of the said quantities of cloth and the shipment of the said garments to Jack Steinberg & Mey- ers, Inc., the respondent billed Jack Steinberg & Meyers, Inc., approximately $5.05 to $5.10 per finished garment. These bi- lateral billings between Jack Steinberg & Meyers, Inc., and the respondent have been and are adjusted not by payment of the face amounts thereof but only by payment to the respondent of the difference between the amounts of the said bills on a weekly basis. X. In accordance with a different practice between the re- spondent and Marlene Coats, Inc., and Chatham Garment Com- pany, Inc., the only bills involved are rendered by the respondent, the said bills merely 'specifying the charges made by the re- spondent for manufacturing the garments: The amount actually received by the respondent for the manufacture of each garment is approximately the same under this practice as it is under the practice described above in connection with Jack Steinberg & Meyers, Inc. XI. The respondent normally receives somewhat more than $70,000.00 per year from jobbers for whom the respondent per- forms manufacturing services. The value of the finished prod- ucts ,manufactured by the respondent during a normal year is not less than approximately $350,000.00. The value of the materials from which the respondent manufactures garments during a normal year is not less than approximately $280,000.00. XII. More than 50 per cent of all garments sold by Jack Steinberg & Meyers, Inc., which latter concern sells indiscrim- inately garments manufactured for it by the respondent and by SAM BARKIN, INC. 421 other contractors, are sold to retailers maintaining nation-wide chains of retail stores. XIII. On charges filed by International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak Department, affili- ated with the American Federation of Labor, hereinafter called the Union, the National Labor Relations Board, hereinafter called the Board, by Elinore M. Herrick, Regional Director for the Second Region, New York, New York, acting pursuant to authority granted in Section 10, subsection (b), of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act, and its Rules and Regulations-Series 2, as amended, Article IV, Section 1, issued its complaint on the 19th day of December, 1940 against Sam Barkin, Inc., hereinafter called the respondent. XIV. A copy of the amended charge filed December 19, 1940, complaint, notice of hearing thereon, and National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, were duly served upon the respondent and the Union. IV.'. International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak Department, affiliated with the American Federation of Labor, is and has been a labor organization within the meaning of Section 2, subsection (5), of the Act. XVI. The respondent and the Union hereby waive, in the above entitled matter, the right to a hearing, to the taking of testimony or other evidence before a Trial Examiner, and to the making of findings of fact and conclusions of law by the Board pursuant,to the provisions of the Act. XVII. This stipulation, together with the 'amended charge and the complaint herein, the affidavit of service of the amended charge and "complaint, dated December 19, 1940, with correspond- ing return receipts, the answer of the respondent to said com- plaint, and National Labor Relations Board Rules and Regula- tions-Series 2, as amended, may be introduced into the record in the above-entitled matter by filing the said documents with the Chief Trial Examiner of the Board at Washington, D. C., and when so introduced shall constitute the entire record in the proceeding. XVIII. Upon the entire record in the above-entitled matter, Board may forthwith orat any future time issue the following Order : 1. Refrain from : (a) Discouraging membership in International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak De- partment, affiliated with the American Federation of Labor, ' So numbered in the stipulation 422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or any other labor organization of its employees by discharg- ing, or refusing to' reinstate its employees , or any of them, or in any other manner discriminating in regard to hire or tenure of employment or any term or condition of employment of its employees; (b) Discharging , refusing to reinstate , or in any other man- ner discriminating against or threatening to discriminate -against its employees, or any of them, because they have or will have filed charges under, the National Labor Relations Act. (c) ' In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, 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. purposes 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 : (a) Offer to Fred Galione full and unconditional reinstate- ment to his former position , without prejudice to his seniority and other privileges previously enjoyed by him; (b) Make whole Fred Galion for the. loss of pay he has suffered by reason of his discharge by paying said person the sum of $350.00 back pay; (c) Post immediately in conspicuous places in its Garner- ville plant, and maintain for a period of at least sixty (60) days, notice stating that : (1) Sam Barkin , Inc., will not engage in the conduct from which it is ordered to refrain in paragraphs 1 (a), (b), and (c) of this Order; (2) Sam Barkin , Inc., has agreed to reinstate Fred Galione fully to his former position ; and (3) Sam Barkin , Inc., employees are free to become or remain members of International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak Department , affiliated with the American Federation of Labor, and are free to file charges under the National Labor Relations Act, and that Sam Barkin, - Inc., will not ' discriminate against any employee because of membership or activity in said organization, or because such charges may be filed. - (d) Notify the Regional Director for the Second Region within teii (10) days from the date of this Order what steps the respondent has taken to comply therewith. SCAM BARKIN, INC. 423 XIX. Upon application by the Board forthwith or at any future time, without, further notice to the respondent, United States Circuit Court of Appeals for the appropriate circuit, or any other appropriate Court as provided in Section 10; sub- division _(e) of the Act, may enter a decree embodying and enforcing the said Order-of the Board in substantially the same form set forth above in paragraph XVIII, and the respondent hereby expressly consents thereto and expressly waives its right to contest the-entry of 'such decree. ' XX. This stipulation is subject to the approval of the Board, shall become effective immediately upon the granting of such approval by the Board, but shall not be effective until it has received such approval. It is expressly understood that the terms of this stipulation. embody the entire agreement among the parties hereto, and it is further understood that there is no verbal or other agreement of any kind which in substance or effect in any way varies, alters, or adds to this stipulation. On January 24, 1941, the Board issued and duly served upon the parties an order approving the above stipulation, making it a part of the record in the case, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the case to the Board for the purpose of entry of a decision and order 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 Sam Barkin, Inc., is a New York Corporation with its office- and principal place of business in Garnerville, Rockland County, New York, where it is engaged as a contractor manufacturing women's coats and related products for various jobbers. During 1940 sub- stantially all of the respondent's work came from three jobbers all of whom were located in New York City. Substantially all the raw materials, valued at approximately $280,000 annually, used by the- respondent in its manufacturing operations are sent by the aforesaid jobbers .to the respondent and are transported from New York City to Garnerville, New York, by means of trucks, which invariably traverse a route through the State of New Jersey. Finished products, valued at 'approximately $350,000 annually, are shipped from the respondent's plant at Garnerville, New York, to said jobbers in New 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD York City.in like manner. Approximately 85% of the respondent's total business is received from one of said jobbers, the latter concern selling more than 50 per cent of all finished products, whether manu- factured by the respondent or other contractors, to retailers main- taining Nation-wide chains of retail stores. 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, 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 Sam Barkin, Inc., its officers, agents, successors, and assigns will: 1. Refrain from : (a) Discouraging membership in International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak Department, affiliated with the American Federation of Labor, or any other labor organi- zation of its employees by discharging, or refusing to reinstate its employees, or any of them, or in any other manner discriminating in regard to hire or tenure of employment or any term or condition of employment of its employees; (b) Discharging, refusing to reinstate, or in any other manner discriminating against or threatening to discriminate ' against its employees, or any of them , because they have or will have filed charges under the National Labor Relations Act; (e) In any manner interfering with, restraining or coercing its employees in the exercise of their 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 purposes 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 : (a) Offer to Fred Galione full and unconditional reinstatement to his former position , without prejudice to his seniority and other privileges previously enjoyed by him; (b) Make whole Fred Galione for the loss of, pay he has suffered by reason of his discharge by paying said person the sum of $350.00 back pay; (c) Post immediately in conspicuous places in its Garnerville plant, and maintain -for a period of at least sixty (60) days, notice stating that : SCAM BAiRK'IN, INC. 425, (1) Sam Barkin, Inc., will not engage in the conduct from which it is ordered to refrain in paragraphs 1 (a), (b), and (c) of this Order ; (2) Sam Barkin, Inc., has agreed to reinstate Fred Galione fully to his former position; and (3) Sam Barkin, Inc., employees are free to become or remain members of International Ladies' Garment Workers' Union, Eastern Out-of-Town Cloak Department, affiliated with the American Fed- eration of Labor, and are free to file charges under the National Labor Relations Act, and that Sam Barkin, Inc., will not discrimi- nate against any employee because of membership or activity in said organization, or because such charges may be filed; (d) Notify the Regional Director for the Second Region within ten (10) days from the date of this Order what steps the respondent has taken to comply therewith.