Red Top Trucking Corp.

In the Matter Of RED Top TRUCKING CORPORATION and ANTHONY PEZZULLO, ANTHONY IOVINO, AUGUST HAREUTER, WILLIAM BYRNES, AND CHRISTOPHER BYRNES Case No. C-1976.-Decided October 16, 1941 Jurisdiction : motor transportation industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Mark Lauter, for the Board. Mr. Jacob P. Poses, of New.York City, for the respondent. Mr. Frank A. Amuso, of New York City, for the charging parties. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER 'STATEMENT OF THE CASE Upon first amended charges duly filed by. Anthony Pezzullo, Anthony lovino, August Hareuter,l William Byrnes, and Christopher Byrnes, herein called the charging parties, the National Labor Rela- tions Board, herein called the Board, by the Regional Director for the Second Region (New York City), issued its complaint dated August 4, 1941, against Red Top Trucking Corporation, New York City, herein called the respondent, alleging that the respondent had engaged in and was 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. Copies of the complaint and notice of hearing were duly served upon the respondent and the charging parties. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondent on or about September 9, 1940, discharged Anthony Pezzullo; on or about August 1, 1940, discharged Anthony Iovino; on or about September 16, 1940, discharged August Hareuter; on or about July 29, 1940, discharged William Byrnes; and on or about January 9, 1941, discharged Christopher Byrnes, because 3 Hareuter is erroneously referred to as Hareeuter in the stipulation set forth below. 36 N. L. R. B., No. 25. 147 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD they joined or assisted the International Brotherhood of Teamsters,' Chauffeurs, Stablemen and Helpers, Local 816, A. F. of L., herein called the Union, or engaged in other concerted activities for the purposes of. collective bargaining or other mutual aid or protection; (2) that the respondent , from on or about July 1940 to the date of issuance of the complaint , urged, persuaded , and warned its employees to refrain from aiding, becoming, or remaining members. of the Union, and threatened said employees with discharge or other reprisals if they aided said Union or members thereof. On August 18, 1941, the respondent filed an answer admitting , that it had been engaged in interstate commerce, but denying the allegations of unfair- labor practices in the complaint . On August 26;, 1941, and' again: on Sep- tember 11, 1941, the Regional Director issued and duly served notices of postponement of the hearing. On September 10, 1941 , the respondent, the charging parties; and counsel for' the Board entered into a stipulation . The stipulation provides as follows : It is hereby stipulated and agreed by and between Red Top Trucking Corporation , hereinafter referred to as the "Respond- ent," by Jacob P. Poses, its attorney, and Anthony Pezzullo, Anthony Iovino, August Hareuter , William Byrnes and Chris- topher Byrnes, by Frank A. Amuso, their attorney, and Mark Lauter, attorney for the National Labor Relations Board, Second Region : 1. Upon the first amended charge duly fil'edf August 2, 1941, by Anthony Pezzullo , Anthony lovino, August Hareuter, Wil- lia.m Byrnes: and, Christopher' Byrnes, by Frank A. Amuso, their attorney, the National Labor Relations Board, hereinafter re- ferred to as the "Board'," by Elinore M. Herrick , Regional Direc- tor for the Second Region, acting pursuant to authority granted in Section 10'(b) of the National Labor, Relations' Act, 49 Stet. [sic] 449; approved July 5th, 1935, hereinafter referred to as the "Act," ' and acting pursuant to its rules and regulations , Series II5, Article 4, Section 1, issued its complaint and notice of hearing on August 4th, 1941, against the Respondent. 2. Copies of the first amended charge, complaint and, notice of hearing thereon and National Labor Relations Board Rules and Regulations, Series II, were duly served on the Respondent and on Anthony Pezzullo, Anthony Iovino, August Hareuter,. Wil- liam Byrnes and Christopher Byrnes in care of their attorney, Frank A. Amuso, on August 5th , 1941, said hearing being sched- uled for September 4th, 1941, at 120 Wall Street, 24th floor, New York, New York. On August 14th , 1941, Jacob P. Poses, attor- ney for Respondent herein , filed an answer in the above entitled RED TOP _ TRUCKING CORPORATION , 1149 proceeding. On August 26th, 1941, notice of postponement was duly served on the parties hereinabove referred to, postponing the hearing -scheduled on September 4th, 1941, to September 15th, 1941. - 3. Respondent is and has been since January 4th; 1934, ,a. cor- poration organized and existing under the laws of the State of New York, having its principal office at 275 Locust Avenue, New York, New York, and having branch garages located at .346 Front :Street, New York., New York, and dt Stapleton, Staten Island, New York, New York, and is now and has been continuously en- gaged at said place of business ,and garages, hereinafter referred to as the "New York 'City place of Respondent." The.Respond- ent .in the course and conduct of its business, as aforesaid, causes and has :continuously caused approximately 20% of its materials and products which it delivers :and transports to be delivered and transported in interstate commerce from and through the states of the United States other than the State of New York to ,the New York City place of business; and causes and has continuously caused approximately 20% of the materials and products,:as afore- said, to be delivered and -transported in interstate commerce from the said New York City place of business in the State of New York to and through states of the United States other than the State of New York. 4. Respondent is engaged in interstate commerce within the meaning of the National Labor Relations Act. 5. Respondent is and wads at all times mentioned in the above referred-to complaint, and at all times herein mentioned as an employer within the meaning of Section II, sub-division .(2) of the Act. '6. International Brotherhood of Teamsters, Chauffeurs, Stable- men and Helpers, Local 816, A. F. of L., hereinafter referred to as the "Union," is a labor organization within the meaning of Section 11, sub-division (5) of the Act. 7. Respondent expressly waives the right to a hearing, to the taking of testimony or other evidence before a Trial Examiner in this matter, and to the making of findings of facts and con- clusions of law by the Board, pursuant to the conditions of the Act. 8. This stipulation, together with the above-mentioned first amended charge, complaint, notice of hearing, answer, notice of postponement of hearing, and copy of the National Labor Rela- tions Board Rules and Regulations, Series II, together with the .affidavits of service,of the various papers hereinbefore mentioned in this paragraph, may be filed with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. a 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9. This entire stipulation is subject to the approval of the National Labor Relations Board and an Order of the National Labor Relations Board approving this stipulation , if issued, shall become part of the record in the above -entitled matter. If this stipulation shall not be approved by the National Labor Relations Board, the stipulation and all of its parts shall be null and void. 10. It is further stipulated and agreed that upon the aforesaid first amended charge, complaint, notice of hearing, answer, notice of postponement, and a copy of the National Labor Relations Board Rules and Regulations, Series II, together with the affi- davits of service of the various papers mentioned in this para- graph, and upon this stipulation, if approved by the National Labor Relations Board, ' aii Order substantially in the form set forth hereinafter may forthwith be made by the said Board, and. upon application by the ' Board without further notice to the Respondent, the United States Circuit Court of Appeals for the Second Circuit, or any other appropriate court, as provided for in Section 10' (e) of the Act, may e'nter a decree embodying sub- stantially said Order of the Board, . and that the Respondent expressly waives its right to contest the entry of such decree; the Order referred to above shall 'provide that Respondent and its officers, agents, successors and assigns shall: (1) Cease and desist from: (a) In any manner interfering with, restraining or coercing 'its employees in the exercise of their right to self-organization, to form, join or assist the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, Local 861, A. F. of L ., or any other labor organization, to bargain collectively through repre- sentatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed under Section 7 of the National Labor Relations Act; (b) Discouraging membership in the International Brother- hood of Teamsters, Chauffeurs, Stablemen and Helpers, Local 861, A. F. of L., or any other labor organization, by discrimination in regard to hire or tenure of employment or conditions of employment. (2) Take the following affirmative action to effectuate the policies of the Act : (a) Offer to Anthony Pezzullo, Anthony Iovino, August Hare- enter, William Byrnes and Christopher Byrnes immediate and full reinstatement to the positions they held at the time of their discharge, without prejudice 'to their seniority or other rights and privileges ; RED•TOP TRUCKING CORPORATION 151 (b) Make whole Anthony Pezzullo, Anthony lovino, August Hareeuter, William Byrnes and Christopher Byrnes for any losses of pay they may have suffered as a result of their discharge by the payment to said individuals the total amount of Two Thousand One Hundred and Fifty ($2,150.00) Dollars; (c) Post immediately in conspicuous places at the places of business, located at 275 Locust Avenue, New York, New York, and 346 Front Street, New York, New York, and maintain for a period of at least thirty (30) consecutive days notices to its employees stating : 1. That the Board issued this order ; 2. That the Respondent will comply therewith; '3. That the Respondent will not engage in the conduct from which it is ordered to refrain from in Paragraph 1 (a) and (b) of this order, and will take the affirmative action hereinabove set forth in Paragraph 2 (a), (b) and (c). (d) File with the Regional Director for the Second Region, within ten (10) days after service of this Order by the Board upon the Respondent, a report setting forth in detail the manner and form in which the Respondent has complied with the terms of this Order. 11. It is further stipulated and agreed that the entire agree- ment between the parties is contained within the terms of this stipulation, and there is no verbal agreement of any kind which varies, alters or adds to said stipulation in any respect. On October 4, 1941, the Board issued an order approving the above stipulation, making it a part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, transferred the proceeding 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 1. THE BUSINESS OF THE RESPONDENT Red Top Trucking Corporation is a New York corporation with .its principal office in New York City and two branch garages at .other locations in New York City, where it is engaged in the business 2 On September 24, 1941 , the charging parties alone entered into a "stipulation " stating that they had settled their claim for losses of pay by payment to them in the amount of $2,150 , which they agreed to divide among themselves equally, a % share to each. This "stipulation" was also approved by the Board in its order of October 4, 1941. 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of delivering and transporting materials and products. In-the course of its business the respondent causes approximately 20 per -cent of the materials and products which it delivers and transports to be delivered and itransported in interstate commerce from and through the States of the United States other than the State of New York to the above-mentioned New York City places of business ; and causes approximately 20 per cent of the materials and products, as aforesaid, to be delivered and transported in interstate commerce from the said New York City places of business to and through States of the United States other than the State of New York. The respondent admits that it is 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 and -stipulation and the entire record -in the case, and 'pursuant to Section 40 (c) 'of the National Labor Relations Act, the National Labor Relations Board -hereby-'orders that Red Top Trucking'Corporation,New York City, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, 'to form, join or -assist-the International Brotherhood of -Teamsters, Chauffeurs, Stablemen and Helpers, Local 861, A. F. of L., or any other labor organization, 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 as guaranteed under Section 7 of the National Labor Relations Act; (b) Discouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, 'Local 861, A. F. of L., or any other labor organization, by discrimination in regard to hire or tenure of employment or conditions of employment. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Offer to Anthony Pezzullo, Anthony Iovino, August Hareuter, William Byrnes, and Christopher Byrnes immediate and full re- instatement 'to the positions they held at the time of their discharge, without prejudice to .their seniority or other rights and privileges; (b) Make whole Anthony Pezzullo, Anthony Iovino, August Hareuter, William Byrnes, and Christopher Byrnes for any losses of pay they may have suffered as a result of their discharge by 'the RED TOP TRUCKING CORPORATION 153 payment to said individuals the total amount of Two Thousand One Hundred and Fifty ($2,150.00) Dollars; (c) Post immediately in conspicuous places at the places of busi- ness, located at 275 Locust Avenue, New York, New York, and 346 Front Street, New York, New York, and maintain for a period of at least thirty (30) consecutive days notices to its employees stating: 1. That the Board issued this order, 2. That the respondent will comply therewith; 3. That the respondent will not engage in the conduct from which it is ordered to refrain from in Paragraphs 1 (a) and (b) of this Order, and will take the affirmative action hereinabove set forth in Paragraphs 2 (a), (b), and (c) ; (d) File with the Regional Director for the Second. Region, within ten (10) days after service of this Order by the Board upon the respondent, a report setting forth in detail the manner and form in which the respondent has complied- with the terms of this. Order. MR. GERARD D. IZEIiiY took no part in the consideration of the above Decision and Order.