American Textile Co.

In the Matter of CHARLES RUTTENBERG , JOSEPH RUTTENBERG, MAX RUTTENBERG, MEYER RUTTENBERG , AND HARRY RUTTENBERG, PART- NERS, TRADING AND DOING BUSINESS AS AMERICAN TEXTILE COMPANY and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-1894.-Decided July 9d1, 19141 Jurisdiction : textile products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Henry Shore, for the Board. Mr. Reuben Fingold, for the respondents. Mr. Anthony J. Federoff, of Pittsburgh, Pa., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania), issued its complaint dated April 29, 1941, against Charles Ruttenberg, Joseph Ruttenberg, Max Ruttenberg, Meyer Ruttenberg, and Harry Rutten- berg, partners, trading and doing business as American Textile Com- pany, Pittsburgh, Pennsylvania, herein called the respondents, alleg- ing that the respondents 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 Rela- tions Act, 49 Stat. 449, herein called the Act. Copies of the com- plaint and notices of hearing were duly served upon the respondents and the Union. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondents committed, authorized, instigated, and acquiesced in (a) statements and conversations tending to dis- courage activities on the part of respondents' employees for the pur- poses of collective bargaining and other mutual aid and protection; (b) making inquiries of individual employees to ascertain their 33 N. L. R. B., No. 113. 658 CHARLES RtJTTENBERG 659 affiliations with outside labor organizations in general and with the Union in particular; (c) suggesting to their employees the forma- tion of a labor organization; (d) attempts to black list certain named employees; (e) permitting the circulation during working hours of petitions directed against the Union; and (2) that the respondents discharged 10 named employees on or about July 8, 1940, and refused to reinstate them until on or about October 4, 1940, because of their membership and activities in the Union; discriminated against 6 named employees with regard to their hire and tenure of employment, and laid off another employee because of her membership and ac- tivities in the Union. On May 21, 1941, the respondents filed an answer denying the commission of the unfair labor practices alleged in the complaint. On May 14, 1941, the respondents, the Union, and counsel for the Board entered into a Stipulation in settlement of the case. The Stipulation provides as follows : STIPULATION WHEREAS, it is the mutual desire of Charles Ruttenberg, Joseph Ruttenberg, Max Ruttenberg, Meyer Ruttenberg, and Harry Ruttenberg, partners, trading and doing business as AMERICAN TEXTILE COMPANY, and the CONGRESS OF INDUS- TRIAL ORGANIZATIONS to willingly and amicably adjust any differences that have arisen between them, with the sincere belief that such a settlement will be in the best interests of all parties concerned, IT IS HEREBY STIPULATED AND AGREED by and among Charles Ruttenberg, Joseph Ruttenberg, Max Ruttenberg, Meyer Rutten- berg, and Harry Ruttenberg, partners, trading and doing busi- ness as AMERICAN TEXTILE COMPANY, hereinafter called "the Respondents," and the CONGRESS OF INDUSTRIAL ORGANIZATIONS, hereinafter called "the Union," and Henry Shore, Attorney for the National Labor Relations Board, as follows : I. Upon charges and amended charges duly filed by the Union, the National Labor Relations Board, by the Regional Director for the Sixth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, Stat. 449, and pursuant to Article IV, Section 1, of the National Labor Rela- tions Board Rules and Regulations, Series 2, 'as amended, duly issued its Complaint and Notice of Hearing on April 29, 1941, against the Respondents herein. 450122-42-vol. 33--43 660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. This Stipulation, together with the amended charges, the National Labor Relations Board Rules and Regulations, Series 2, as amended, Complaint and Notice of Hearing, Acceptances of Service of the said Complaint and Notice of Hearing, and Respondents' Answer, shall constitute the entire record in this case and may be filed with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C. Without admitting that the unfair labor practices alleged in the Complaint have been committed, the Respondents now join in this Stipulation to the end that this matter may be amicably settled. IV. All the parties hereto waive their right to a hearing and to the making of Findings of Fact and Conclusions of Law by the National Labor Relations Board herein, and to any other or further procedure before said Board. V. Respondents are now and have been at all times since 1936 co-partners, trading and doing business as the American Tex- tile Company, having their principal office and place of business in the City of Pittsburgh, County of Allegheny, Commonwealth of Pennsylvania. The Respondents are engaged in the pro- duction, manufacture, sale, and distribution of mattress covers, comfort covers, automobile seat covers, ironing board covers, oil silk bowl covers, machine covers, and miscellaneous textile products. The principal raw materials used by the Respondents in the manufacture of their products consist of cotton cloth, cotton thread, oil silk material, and other fabrics. For the year 1940, the value of the raw materials purchased by the Respondents was approximately Eight Hundred Thousand Dollars ($800,000), more than ninety per cent (90%) of which, in dollar volume, was purchased from a number of states of The United States other than the Commonwealth of Pennsyl- vania, and shipped by rail and truck to the Respondents' plant in the Commonwealth of Pennsylvania. For the year 1940, - the total sales of the Respondents were approximately One Mil- lion Dollars ($1,000,000). Of this amount, approximately ninety per cent (90%) represented sales of products which were CHARLES RU=NBERG 661 sold and shipped to states of The United States other than the Commonwealth of Pennsylvania, said shipments being by rail and truck. The Respondents employ approximately one hundred eighty (180) people. Respondents are engaged in interstate commerce within the meaning of Section 2, Subdi- visions (6) and (7) of the National Labor Relations Act. VI. The Union is a labor organization within the meaning of Section 2, Subdivision (5) of the National Labor Relations Act. VII. Upon this Stipulation, and upon the record herein, an Order may forthwith be entered by the National Labor Relations Board as follows : 1. Respondents, 'Charles Ruttenberg, Joseph Ruttenberg, Max Ruttenberg, Meyer Ruttenberg, and Harry Ruttenberg, partners, trading and doing business as American Textile Company, in- dividually and collectively, and their agents, successors, and assigns, shall cease and desist from : (a) Discouraging membership in the Congress of Industrial Organizations, or any other labor organization of their employees, by discharging any of their employees, or in any other manner discriminating in regard to their hire or tenure of employment or term or condition of employment. (b) In any other manner interfering with, restraining, or coercing their employees in the exercise of their right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choos- ing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. Respondents, Charles Ruttenberg, Joseph Ruttenberg, Max Ruttenberg, Meyer Ruttenberg, and Harry Ruttenberg, partners, trading and doing business as American Textile Company, in- dividually and collectively, and their agents, successors, and assigns, shall take the following affirmative action to effectuate the purposes and policy of the National Labor Relations Act : (a) Reinstate Dorothy Olup to the position of employment held by her prior to October 24,,1940, as such employment becomes available and before other persons are hired for such work; said reinstatement, when made, shall be 662 DECISIONS OF,NATIONAL LABOR' RELATIONS BOARD without prejudice to any of her rights and privileges previously enjoyed. (b) Make whole the hereinafter-named individuals for any loss of pay they may have suffered by paying over to the Regional Director of the National Labor Relations Board for the Sixth Region, the sum of Eleven Hundred Dollars ($1,100.00), to be distributed by him pro rata among the said named individuals; the decision of the said Regional Director in all matters relating to the distribution of the said sum shall be final: Ann Ecoff, Angelina- Lapia, Nina Soldano, Esther Shade, Nellie Viney, Helen Fries, Hilda O'Connor, Rose Dewar, Regina Rolewicz, Betty Shubert, Dorothy Olup, Ste- phanie Kolos, Emma Long, and Grace Pigoni. (c) Post immediately in conspicuous places at their plant and maintain for a period of at least sixty (60) consecutive days from date of posting, Notices to their employees stating : (1) That the Respondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a) and (b) of this Order. (2) That the Respondents will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order. (3) That the Respondents' employees are free to become or remain members of the Congress of Industrial Organi- zations and the Respondents will' not discriminate against any employee because of his or her membership or activity in this organization. (d) File with the Regional Director of the Sixth Region, within ten days from the date of the entry of this Order, a report in writing setting forth in detail the manner and form in which they have complied with the fore- going requirements. VIII. Respondents hereby consent to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon appli- cation of the National Labor Relations Board, of a consent de- cree enforcing the Order of the National Labor Relations Board substantially in the form set forth in Paragraph VII above, and hereby waive further notice of the application for such decree. IN. It is understood and agreed that this Stipulation embodies the entire agreement among the parties, and there is no verbal agree- ment of any kind which varies, alters, or adds to this Stipulation. CHARLE'S RUTTEtN'BERG X. 663 It is further understood and agreed 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. On June 6, 1941, the Board issued its Order approving the Stipu- lation, -making it a part of the record in the, case 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 above Stipulation and the entire record in the case, the Board makes the following : ' FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENTS The respondents are co-partners having their principal office and place of business at Pittsburgh, Pennsylvania. They are engaged in the production, manufacture, sale, and distribution of mattress covers, comfort covers, automobile-seat covers, ironing-board covers, oil-silk bowl covers, machine covers, and miscellaneous textile prod- ucts. The principal raw materials used in the manufacture of these products are cotton cloth, cotton thread, oil-silk material, and other fabrics. During the year 1940, the respondents purchased approxi- mately $800,000 worth of raw materials, more than 90 per cent of which, in dollar volume, was shipped to the respondents' plant from States other than the Commonwealth of Pennsylvania. During the same period the total sales of the respondents were approximately $1,000,000. Of this amount, approximately 90 per cent represented sales of products which were shipped to States other than the Commonwealth of Pennsylvania. The respondents admit that they are engaged in interstate commerce 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 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Charles Ruttenberg, Joseph Ruttenberg, Max Rut- tenberg, Meyer Ruttenberg, and Harry Ruttenberg, partners, trading 664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and doing business as American Textile Company, Pittsburgh, Pennsylvania, their agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in the Congress of Industrial Or- ganizations or any other labor organization of their employees by discharging any of their employees or in any other manner discrim- inating in regard to their hire or tenure of employment or term or condition of employment; (b) In any other manner interfering with, restraining, or coercing their employees in the exercise of their right 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 protection. 2. Take the-following affirmative action which the Board finds will effectuate the policies of the Act : (a) Reinstate Dorothy Olup to the position of employment held, by her prior to October 24, 1940, as such employment becomes available and before other persons are hired for such work; said reinstatement, when made, shall be without prejudice to any of her rights or privileges previously enjoyed; (b) Make whole the hereinafter-named individuals for any loss of pay they may have suffered by paying over to the Regional Director of the National Labor Relations Board for the Sixth Region the sum of Eleven Hundred Dollars ($1,100.00), to be distributed by him pro rata among the said named individuals; the decision of the Regional Director in all matters relating to the distribution of this sum shall be final : Ann Ecoff, Angelina Lapia, Nina Soldano, Esther Shade, Nellie Viney, Helen Fries, Hilda O'Connor, Rose Dewar, Regina Rolewicz, Betty Shubert, Dorothy Olup, Stephanie Kolos, Emma Long, and Grace Pigoni; (c) Post immediately in conspicuous places at their plant and maintain for a period of at least sixty (60) days from the date of posting, notices to their employees stating : (1) that the respondents will not engage in the conduct from which they are ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) that the respondents will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) that the respondents' employees are free to become or remain members of the Congress of Industrial Organizations and the respondents will not discriminate against any employee because of his or her membership or activity in this organization ; (d) File with the Regional Director for the Sixth Region within ton (10) days from the date of this Order a report in writing setting forth in detail the manner and form in which they have complied with the foregoing requirements.