Granite Weaving Co.

In the Matter Of MILTON BRAWER AND ISAAC BRAWER , CO-PARTNERS, DOING BUSINESS UNDER THE TRADE NAME AND STYLE OF GRANITE WEAVING COMPANY, MILTON BRAWER, DOING BUSINESS UNDER THE TRADE NAME AND STYLE OF GRANITE WEAVING COMPANY , and ARTHUR BRAWER and TEXTILE WORKERS UNION OF AMERICA , C. I. 0.; AND AMERICAN FEDERATION OF LABOR, FEDERAL UNION 21088, PARTY TO THE CONTRACT Case No. C-1871.-Decided July 14, 1941 Jurisdiction : textile manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Daniel R. Dimick, for the Board. Mr. Lawrence Diamond, of Paterson, N. J., for the respondents. Mr. John Curreri, for the A. F. of L. Mr. Norman M. Neel, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Textile Workers Union of America, affiliated with the Congress of Industrial Organ- izations, 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 and amended com- plaint dated February 6 and February 27, 1941, respectively, against Milton Brawer and Isaac Brawer, co-partners, doing business under the trade name and style of Granite Weaving Company, Milton Brawer, doing business under the trade name and style of Granite Weaving Company, and Arthur Brawer, of Paterson, New Jersey, herein called the respondents, alleging that the respondents had en- gaged in and were engaging in unfair labor practices affecting com- merce 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. Notice of the complaint as amended, accom- 33 N. L. R B., No. 79. 428 4 MILTON. BRAWER AND ISSAC BRAWER 429 panted by a notice of hearing, were duly served upon the respondents, the Union, and Federal Union 21088, affiliated with the American Federation of Labor, herein called the A. F. of L. With respect to the unfair labor practices the complaint, as amended, alleged .that the respondents, by their officers and agents at their Paterson plant (1) persuaded and warned their employees against aiding, becoming or remaining members of the Union, and ,by other named threats and inducements, and by attempting to cause the blacklisting of one David Weinberg among employers in Pater- son, New Jersey, interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act; (2) by the above-named activities caused the Union to go- on strike and during such strike entered into a collective bargaining agreement with the A. F. of L. purporting to recognize the A. F. of L. as the exclusive bargaining representative of all employees in the Paterson plant, and further required membership in the A. F. of L. as a condition of employment; (3) discharged Connie Mendello and Stacia August because they joined or assisted the Union and .engaged in other concerted activities for the purpose of collective bargaining or other mutual aid and protection and thereafter refused to reinstate said employees; (4) upon the determination of such strike refused and still refuses to reinstate David Weinberg, Stanley ,Ogradnick, Rose Della Cava, Izzy Lipshitz, Julia Gagel, and Nich- olas Benn because they joined and assisted the Union and engaged in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; and (5) by the above-mentioned and other acts engaged in unfair labor practices within the meaning of Section 8 (1) and (3) of the Act. On March 14, 1941, the respondents filed an answer denying the allegations of unfair labor practices in the complaint. Pursuant to notice duly served upon all the parties, a hearing was held on March 17, 1941, and on various dates between April 7 and April 22, 1941, at Paterson, New Jersey,,before a Trial Examiner duly designated by the Chief Trial Examiner. The Board, the respondents, the Union and the A. F. of L. were represented by counsel and participated in' the hearing. On April 22, 1941, the respondents, the A. F. of L., and counsel for the Board entered into a stipulation. The stipulation provides as follows: WHEREAS, charges, as amended, were duly filed by the Textile Workers Union of America, C. I. O. (hereinafter referred to as the T. W. U. A.) and the National Labor Relations Board (hereinafter referred to as the Board), by the Regional Director of the Second Region, issued its amended complaint, dated February 27, 1941, and 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WHEREAS, the amended complaint accompanied by notice of hearing was duly served on Milton Brawer and Isaac Brawer, co-partners , doing business under the trade name and style of Granite Weaving Company, Milton Brawer , doing business under the trade name and style of Granite Weaving Company, and Arthur Brawer (hereinafter referred to as the respondents), the T. W. U. A., and the American Federation of Labor, Federal Union 21088 (hereinafter referred to as the A. F. L.), and WHEREAS, pursuant to due notice a hearing was conducted by Trial Examiner, duly designated by the Board , at Paterson, New Jersey, on March 17, 1941 , and on various days between April 7th and April 22nd, 1941, during which time the respond- ents, the T. W. U. A. and the A. F. L. were represented by counsel and participated in the hearing, WHEREAS, the parties hereto desire to dispense with further proceedings upon said amended complaint and to dispose of all issues created by said amended complaint, Now, THEREFORE, it is hereby stipulated and agreed by and between Milton Brawer and Isaac Brawer, co-partners, doing business under the trade name and style of Granite Weaving Company, Milton Brawer, doing business under the trade name and style of Granite Weaving Company , and Arthur Brawer;. Textile Workers Union of America , C. I. 0.; American Federa- tion of Labor, Federal Union 21088 ; and Daniel R. Dimick, attorney for the National Labor Relations Board, that: I. Milton Brawer and Isaac Brawer were co-partners doing busi- ness under the trade name and style of Granite Weaving Company during that period from on or about June 9, 1936 to on or about December 17, 1940, having their principal office and place of business at 8 Morris Street, in the city of Paterson, County of Passaic, State of New Jersey, and were continuously engaged at said place of business (hereinafter called the Paterson plant), in the manufacture, sale and distribution of rayon piece goods and, related products. Milton Brawer doing business under the trade name and style of Granite Weaving Company is now and has been since on or about December 17, 1940, sole owner and pro- prietor of the business and the operations of the Paterson Plant and has succeeded to said business and Paterson plant and the operations and assets thereof. Arthur Brawer is an employer within the meaning of Section 2, subdivision (2) of the National Labor Relations Act (hereinafter referred to as the Act), in that he has acted since on or about June 9, 1936, and is now MILTON BRAWER AND ISSAC BRAWER 431 doing business under the trade name and style of Granite Weav- ing Company. During each of the years 1939 and 1940 the respondents purchased raw materials for use at their Paterson Plant in the value of over $100,000.00, of which approximately 100 per cent were purchased and shipped to the said Paterson plant from points outside of the State of New Jersey. During each of the "years 1939 and 1940 the respondents manufactured and distributed finished products in the value of over $125,000.00, of which approximately 60 per cent were sold and shipped to points outside of the State of New Jersey. The respondents are engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. II. Textile Workers Union of America, affiliated with the C. I. O. and American Federation of Labor, Federal Union 21088 are labor organizations within the meaning of Section 2 (5) of the Act. The parties hereto expressly waive the right to the continua- tion of the hearing herein and to the making of findings of fact and conclusions of law in the proceeding by the Board. IV. The parties hereto agree that all of the matters alleged in the amended complaint shall be deemed to have been disposed of by virtue of the order of the Board and the Decree of the United States Circuit Court of Appeals, hereinafter described. V. This stipulation and settlement together with the amended complaint, third amended charge and answer of the respondents, shall constitute the entire record in this case, and may be filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. VI. Upon the. basis of the record herein and this Stipulation of Settlement, if approved by the Board, an Order may forthwith be entered by the Board, providing as follows : The respondents Milton' Brawer and Isaac Brawer, co-part- ners, doing business under the trade name and style of Granite 432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Weaving Company, Milton Brawer, doing business under the trade name and style of Granite Weaving Company, and Arthur Brawer, individually and collectively, and their agents, succes- sors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in Textile Workers Union of America, affiliated with the Congress of Industrial Organiza- tions, or any other labor organization of their employees, or encouraging membership in American Federation of Labor, Federal Union 21088, or any other labor organization of their employees, by discharging or refusing to reinstate any of their employees, or in any other manner of discriminating in regard to their hire or tenure of employment because of membership or activity in connection with any other labor organization; (b) Urging, persuading, warning, or coercing their employees to join the American Federation of Labor, Federal Union-21088, or any other labor organization of their employees, ordischarg- ing or threatening them with discharge if they fail to join such labor organization ; (c) Giving effect to their closed-shop contracts dated October 1, 1939, and December 29, 1939, and any extensions or renewals thereof, with the American Federation of Labor, Federal Union 21088, providing, however, that nothing in this Order shall pre- clude the respondents from hereafter making an agreement with American Federation of Labor, Federal Union 21088, or any. other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring as a condition of employment, membership therein, if such labor organization is the representa- tive of the employees in an appropriate bargaining unit as pro- vided in Section 9 (a) of said Act; (d) In any other manner interfering with, restraining, or coercing their employees in the exercise of their right to self- organization, to form, join, or assist labor organizations, to bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collec- tive bargaining or other mutual aid and protection, as guaran- teed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action : (a) Offer to Rose Della Cava, Isaac Lipshitz, and David Wein- berg immediate and full reinstatement to' their former or sub- stantially equivalent positions without prejudice to their seniority and other rights and privileges; MILTON BRAWER AND ISSAC BRAWER 433 (b) Pay to the following employees the sums of money set opposite their names : Connie Mendillo____________________________________ $37.50 Stacia August_____________________________________ $100.00 Rose Della Cava ___________________________________ $500.00 David Weinberg___________________________________ $100.00 Isaac Lipshitz_____________________________________ $175.00 (c) Post immediately in conspicuous places throughout their Paterson, New Jersey plant, and maintain for a period of at least sixty (60) consecutive days, notices stating (1) that the respondents will cease and desist in the manner aforesaid; (2) that the respondents' employees are free to join or,assist any labor organization for the purpose of collective bargaining with the respondents; (3) that the respondents will, not require any person or present employee to become or remain a member of the American Federation of Labor, Federal Union 21088, in order to secure, or continue his employment in the plant, as the case may be; (4) that the closed-shop agreements with the American Federation of Labor, Federal Union 21088, dated October 1, 1939, and December 29, 1939, and any extensions or renewals thereof, recognizing it as the exclusive representative of their employees at its ,Paterson plant are void and of no effect; (5) that the respondents will take the affirmative action set forth in Paragraphs 2 (a) and (b) of this Order. (d) File with the Regional Director for the Second Region within ten (10) days from the entry of this Order, a report in writing setting forth in detail the manner and form in which the respondents have complied with the provisions of this Order. VII. After the entry of the Order by the Board, as provided in this Stipulation of Settlement, any Circuit Court of Appeals of the United States may, upon application by the Board and without notice to the respondents, enter a; Decree embodying substantially the terms of the Order of the Board enforcing in full the said Order, and each of the parties hereto consents to the entry of such Decree and hereby Waives any and all requirements of notice of the filing of such application by the Board. VIII. This Stipulation of Settlement is subject to the approval of the Board. 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ix. It is understood and agreed that the entire agreement by and between the parties hereto is contained within the: terms of this Stipulation of Settlement and that there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation of Settlement. On May 10, 1941, the Board issued an order approving the above stipulation, making it a part of the record in the case, and transferring the proceedings to the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. On May 27, 1941, the Board issued an order correcting the order approving the stipulation by striking the name of the Union therefrom for the reason that it was not a party to the stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Milton Brawer and Isaac Brawer were co-partners doing business under the trade name and style of Granite Weaving Company during that period from on or about June 9, 1936, to on or about December 17, 1940, having their principal office and place of business at 8 Morris Street, in the city of Paterson, County'of Passaic,. State of New. Jersey, and were continuously engaged at said place of business (hereinafter called the Paterson plant), in the manufacture, sale and distribution of rayon piece goods and related products. Milton Brawer doing business under the trade name and style of Granite Weaving Company is now and has been since on or about December 17, 1940, sole owner and proprietor of the business and operations of the Paterson plant and has succeeded to said business and Paterson plant and the operations and assets thereof. Arthur Brawer is an employer within the mean- ing of Section 2 (2) of the Act, in that he has acted since on or about June 9, 1936, and is now directly and indirectly in the interest of Milton Brawer and Isaac Brawer, co-partners; doing business under the trade name and style of Granite Weaving Company, and Milton Brawer, doing business under the trade name and style of Granite Weaving Company. During each of the years 1939 and 1940 the respondents purchased raw materials for use at their Pat- erson plant in the value of over $100,000.00, of which approximately, 100 per cent were purchased and shipped to the said Paterson plant from points outside of the State of New Jersey. During each of the years 1939 and 1940 the respondents manufactured and distributed MILTON BRAWER AND ISSAC BRAWER 435 finished products in the value of over $125 ,000.00, of which approxi- mately 60 per cent were sold and shipped to points outside of the State of New Jersey. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. H. TIIE ORGANIZATIONS INVOLVED Textile Workers Union of America , affiliated with the Congress of Industrial Organizations, and Federal Labor Union 21088, affiliated with the American Federation of Labor, are labor organizations within the meaning of Section 2 (5) of the National Labor Relations Act. ORDER Upon the basis of the above findings of fact, the above 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 respondents Milton Brawer and Isaac Brawer, co-partners, doing business under the trade name and style of Granite Weaving Company, Milton Brawer, doing business under the trade name and style of Granite Weaving Company , and Arthur Brawer, their officers, agents, successors , and assigns shall : 1. Cease and desist from : (a) Discouraging membership in Textile Workers Union of Amer- ica, affiliated with the Congress of Industrial Organizations, or any other labor organization of their employees, or encouraging member- ship in American Federation of Labor, Federal Union 21088, or any other labor organization of their employees , by discharging or refusing to reinstate any of their employees , or in any other manner of dis- criminating in regard to their hire or tenure of employment because of membership or activity in connection with any other labor organization ; (b) Urging, persuading, warning, or coercing their employees to join the American Federation of Labor, Federal Union 21088, or any other labor organization of their employees , or discharging or threat- ening them with discharge if they fail to join such labor organization; (c) Giving effect to their closed -shop contracts dated October 1," 1939, and December 29, 1939, and any extensions or renewals thereof, with the American Federation of Labor, Federal Union 21088, provid- ing, however, that nothing in this Order shall preclude the respond- ents from hereafter making an agreement with American Federation of Labor, Federal Union 21088, or any other labor organization (not established, maintained , or assisted by any action defined in the Na- tional Labor Relations Act as an unfair labor practice ) requiring as a 450122-42-vol 33-29 436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD condition of employment, membership therein, if such labor organiza- tion is the representative of the employees in an appropriate bargaining unit as provided in Section 9 (a) of said Act; (d) In any other manner interfering with, restraining, or coercing their 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 con- certed activities for the purposes 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 : (a) Offer to Rose Della Cava, Isaac Lipshitz, and David Weinberg immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges; (b) Pay to the following employees the sums of money set opposite their names : Connie Mendillo ________________________________________ $ 37 50 Stacia August__________________________________________ $100.00 Rose Della Cava________________________________________ $500.00 David Weinberg______________________________ ____ $100.00 Isaac Lipshitz__________________________________________ $175 00 (c) Post immediately in conspicuous places throughout their Pater- son, New Jersey, plant, and maintain for a period of at least sixty (60) consecutive days, notices stating (1) that the respondents will cease and desist in the manner aforesaid; (2) that the respondents' employees are free to join or assist any labor organization for the purpose of collective bargaining with the respondents; (3) that the respondents will not require any person or present employee to become or remain a member of the American Federation of Labor, Federal Union 21088, in order to secure, or continue his employment in the plant, as the case may be; (4) that the closed-shop agreements with the American Federation of Labor, Federal Union 21088, dated October 1, 1939, and December 29, 1939, and any extensions or renewals thereof, recognizing it as the exclusive representative of their employees at its Paterson plant are void and of no effect; (5) that the respondents will take the rffirmative action set' forth in Paragraphs 2 (a) and (b) of this Order; (d) File with the Regional Director for the Second Region within ten (10) days from the entry of this Order, a report in writing setting forth in detail the manner and form in which the respondents have complied with the provisions of this Order.