Fein's Tin Can Co., Inc.

In the Matter of FEIN'S TIN CAN Co., INC. and STEEL WORKERS' OR- GANIZING COMMITTEE, LODGE No. 2072, AFFILIATED WITH THE COM- MITTEE FOR INDUSTRIAL ORGANIZATION Case No. C-1285 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER October 29, 1941 On May 28,1940, the National Labor Relations Board, herein called the Board, issued a Decision and Order in the above-entitled pro- ceeding.' Subsequently, the Board filed in the United States Circuit Court of Appeals for the Second Circuit, a petition for enforcement of the said Order. On August 14, 1941, Fein's Tin Can Co., Inc., herein called the respondent; Steel Workers' Organizing Committee, Lodge No. 2072, affiliated with the Committee for Industrial Organization; and counsel for the Board entered into the following Stipulation : The National Labor " Relations Board (hereinafter called the Board), on May 28, 1940, having issued its Order in the above entitled matter, and it being the desire of the parties hereto to dispose of the matters involved by mutual agreement, it is hereby stipulated and agreed, by and between the parties hereto, that : 1. Fein's Tin Can Co., Inc. (hereinafter called the Respondent), is a corporation organized under and existing by virtue of the laws of the State of New York. The Respondent is now and has continuously been engaged in the Borough of Brooklyn, City and State of New York, in the manufacture, sale and distribution of tin cans and steel pails. It maintains warehouses in Philadelphia, Pa. The Respondent, in the course and conduct of its business, causes and has continuously caused a large part of the raw mate- rials used in the manufacture of its finished products to be pur- chased and transported in interstate commerce from and through states of the United States other than the State of New York to its plant located in the State of New York and causes and has 1 23 N. L. It. B., 1330. 36 N. L. R. B., No. 93. 433118-42-vol. 36--31 465 466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD continuously caused a large portion of its finished products to be sold and transported in interstate commerce from its plant in the State of New York into and through states of the United States other than the State of New York. From January 1, 1938 to October 1, 1938, the gross volume of Respondent's purchases outside of the State of New York was over $150,000, which constituted approximately 75 per cent- of -all of Respondent's purchases of raw materials; the gross volume of Respondent's sales of finished products shipped to points outside of the State of New York by railroad and trucks is approximately $150,000, which constituted approximately 35 per cent of the gross volume of Respondents sales. The Respondent advertises its products in the American Ink Maker and Red Book, publications which have a national circulation. 2. The Respondent is engaged in interstate commerce within the meaning of Section 2, subdivision (6) of the Act and its oper- ations affect commerce within the meaning of Section. 2, subdivi- sion (7) of the Act. 3. Steel Workers Organizing Committee, Lodge No. 2072, affil- iated with the Committee for Industrial Organization, (herein- after called the Union), is a labor organization within the mean- ing of the National Labor Relations Act. 4. The Respondent, and the parties hereto hereby waive the issuance of amended complaint, holding of further hearing, the making of intermediate report, and the making of further findings of fact and conclusions of law in this matter and agree : That the Board vacate its Order dated May 28, 1940 in Case No. C-1285 and enter a new Order in lieu thereof, without further notice, against Fein's Tin Can Co., Inc., in the form as set forth below : ORDER Upon the basis of the foregoing findings of fact and con- clusions of law and pursuant to Section 10 (c) of the National Labor Relations Act and this Stipulation, the National Labor Relations Board hereby orders that the respondent Fein's Tin Can Co., Inc., and its officers, agents, successors, and assigns, shall : - 1. Cease and desist from : (a) In any manner discouraging membership in Steel, Workers Organizing Committee, Lodge No. 2072, or any other labor organization of its employees by discharging, laying off, or refusing to reinstate any of its employees or in any other manner discriminating in regard to hire or tenure of employ- ment or any term or condition of employment; FEIN'S TIN CAN CO., INC. 467 (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self -organi- zation, 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 Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole Morris Engargola and Alex Hollander for any loss of pay they may have suffered by reason of the respond- ent's discriminatory acts, by paying to them the sum of Five Hundred Dollars ($500.00) ; (b) Immediately post notices in conspicuous places through- out its plant, and maintain such notices for a period of sixty ,(60) consecutive days, stating that the respondent will not en- gage'in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order, and that the re- spondent will take the affirmative action set forth in paragraphs; 2 (a) and (b) of this Order; (c) Inform 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. It is further ordered that the complaint be and it hereby is. dismissed in so far as it alleges (1) that the respondent has refused to bargain collectively within the meaning of Section 8 (5) of said Act; (2) that the respondent has locked out the persons listed on appendices A and B within the meaning of. Section -8 (3) of the Act; and (3) that the respondent has re- fused to reinstate the persons listed on appendices A and B`, other than Alex Hollander, Abe Woodman and Morris En- gargola, within the meaning of Section 8 (3) of the Act. 5. The parties hereto consent to the entry by the United States, Circuit Court of Appeals for the Second Circuit, upon applica- tion of the National Labor Relations Board, of a Consent Decree enforcing the Order of the Board substantially in the form here- inabove set forth, and hereby expressly waive further notice of' the application for entry of such decree and hereby expressly- waive any right or privilege to contest the entry of such decree. 6. The Respondent has offered Alex Hollander, Morris Engar . gola, and Abe Woodman immediate and full reinstatement to their former or substantially equivalent positions, without preju- dice to their, seniority or other rights and privileges, which has'- been accepted by them, except Alex Hollander, who does not seek: reinstatement. 468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 7. The execution of this Stipulation and performance thereof- by the parties hereto shall conclude all matters arising in this proceeding but shall not preclude the taking of any steps necessary to procure the entry of the said Consent Decree in the United States Circuit Court of Appeals for the Second Circuit. 8. It is understood and agreed that the entire agreement is contained within the terms of this Stipulation and there is no verbal agreement of any kind which varies, alters, or adds to this Stipulation. 9. It is further understood and agreed that this Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. If the Board does not approve this Stipulation, it shall be void and of no effect and shall not be used as evidence in this or any other case. APPENDIX A2 Date of reinstatement 1. Abe Woodman____________________________ August 23, 1938 2. Benjamin Sherman_______________________ September 8, 1938 3. Frank Curbelo___________________________ July 18, 1938 4. Morris Fehl------------------------------ July 12, 1938 5. Angel M. Santana________________________ August 8, 1938 6. Candido Perez____________________________ July 25, 1938 7. Louis A. Deucuppe------------------------ August 8, 1938 8. Kristian Olsen --------------------------- . July 13, 1938 9. Sam Kushner ---------------------------- July 11, 1938 10. Charles (Calcedonio) DiDomizo___________ August 1, 1938 11. Emanuel Castelluzzio_____________________ October 25, 1938 12. Charles Mauro___________________________ July 12, 1938 13. Dominick Simonelli_______________________ August 15, 1938 14. Crescenzo Magleacano--------------------- July 13, 1938 15. Dominick Irto____________________________ July 11, 1938 16. Dominic Anselmo_________________________ October 15, 1938 17. Charles Topia____________________________ December 5, 1938 18. Alfred Zoilo______________________________ July 12, 1938 19. Lawrence Neal__________________________ July 12, 1938 20. James Gallosi____________________________ October 26, 1938 21. Frank Barba_____________________________ August 1;1938 22. James:.DiPietro--------------------------- November 3,1938 23. Pietro Caruso____________________________ July 13, 1938,- 24. Anthony Scalici__________________________ July 11, 1938 25: Joseph Yatkowitz_________________________ July 26, 1938:. 26. Guiseppe Berti---------------------------- November 1, 1938 27. Nobab All -------------------------------- July 13, 1938 28. Daniel Aiello_____________________________ October 26, 1938 29. Joseph Dispigno__________________________ October 19, 1938 30. Frank D'Alessio--------- ----------------- July 13, 1938 31. Frank Firenze ---------------------------- July 13, 1938 32. Salvatore F. Giovannucci__________________ July 14, 1938 2 The spelling of many of the names appearing in the Appendices varied in the record. FEIN'S TIN CAN CO., 'INC. Date of reinstatement 33. Frank Cinquegrana_______________________ October 19, 1938 34. John Bucemi_____________________________ July 13, 1938 35. Concetto Ferranto________________________ October 19, 1938 APPENDIX B2 469 1. Morris Engargola 25. John Somma 2. John Capalda 26. Vincent Carbone 3. John F. Sannino 27. Oresto Pinto 4. Joseph Cattogio 28. Joseph Cannice 5. Joseph Sanchez 29. Dominic De Palma 6. Vincent F. Cattogio 30. Umberto Milo 7. Alex Hollander 31. George Hagger 8. Eddie Cintron 32. Emil J. Delma 9. Morris Steinberg 33. Thomas Johnson 10. Victor Ruiz 34. Frank La Bate 11. Antonio Di Pietro 35. Rosario C. Riveecio 12. Julia Faime 36. George O. Williams 13. Salvatore Lopica 37. Vincent Striano 14. G. Roman 38. James Virono 15. Pasquale (Pat) Tuccillo 39. Joseph Cici 16. Luigi Didonato 40. Salvatore Mandello 17. Eusebio R. Martinez ( Frank 41. Angelo Vidal Ruiz ) 42. Joseph Pensabene 18. Angelo Laurenzello 43. Max Glaubach 19. John Tuccillo 44. John Barile 20. Anthony Kala 45. Conrad Kundle 21. Angelo Cordova 46. Frank Faville 22. Elias Taime 47. Lewis Spinelli 23. Vincent 'Castelluzzio 48. Sam Barba 24. Meyer Woodman The Board approved the said Stipulation on September 8, 1941. Subsequently, upon motion of the Board, the United States Circuit Court of Appeals for the Second Circuit remanded the proceedings to the Board, for the purposes of vacating the said Order, and sub- stituting therefor a modified Order. Upon the basis of the above Stipulation, the pleadings, and the entire record in the case, and pursuant to Section 10 (c) and (d) of the National Labor Relations Act, 49 Stat. 449, the National Labor Relations Board hereby orders that its Order issued May 28, 1940, be, and it hereby is, vacated and further orders 'that a modified Order be substituted therefor, to read as follows : ORDER Upon the basis of the foregoing findings of fact and conclusions of law and pursuant to Section 10 (c) of the National Labor Relations 2 The spelling of many of the names appearing in the Appendices varied in the record. 470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act and this Stipulation, the National Labor Relations Board hereby orders that the respondent Fein's Tin Can Co., Inc., and its officers, .agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner discouraging membership in Steel Workers Or- ganizing Committee, Lodge No. 2072, or any other labor organization of its employees by discharging, laying off, or refusing to reinstate .any of its employees or in any other manner discriminating in regard to hire or tenure of employment or any term or condition of employment; (b) In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organization, to form, join or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or pro- tection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act; (a) Make whole Morris Engargola and Alex Hollander for any loss of pay they may have suffered by reason of the respondent's discrimina- tory acts, by paying to them the sum of Five Hundred Dollars ($500.00) ; (b) Immediately post .notices in conspicuous places throughout its plant, and maintain such notices for a period of sixty (60) consecutive days, stating that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order, and that the respondent will 'take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; (c) Inform 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. IT IS FURTHER ORDERED that the complaint be and it hereby is dismissed in so far as it alleges (1) that the respondent has refused to bargain collectively within the meaning of Section 8 (5) of said Act; (2) that the respondent has locked out the persons listed on appendices A and B .within the meaning of Section 8 (3) of the Act; and (3) that the re- spondent has refused to reinstate the persons listed on appendices A and B, other than Alex Hollander, Abe Woodman and Morris En- gargola, within the meaning of Section 8 (3) of the Act. FEIN'S TIN CAN CO., INC. 471, APPENDIX A2 Date of reinstatement 1. Abe Woodman______________________________ August 23, 1938. 2. Benjamin Sherman_________________________ September 8, 1938 3. Frank Curbelo_____________________________ July 18, 1938 4. Morris Febl________________________________ July 12, 1938 5. Angel M. Santana -------------------------- . August 8, 1938 6. Candido Perez ------------------------------ July 25, 1938 , 7. Louis A. Deucuppa-------------------------- August 8, 1938 8. Kristian Olsen_____________________________" July 13, 1938 9. Sam Kushner------------------------------- July 11, 1938 10. Charles ( Calcedonio ) DiDomizo------------- August 1, 1938 11. Emanuel Castelluzzio_______________________ October 25, 1938 12. Charles Mauro_____ ________ July 12, 1938 13. Dominick Simonelli_________________________ August 15, 1938 14. Crescenzo Magleacano----------------------- July 13, 1938 15. Dominick Irto______________________________ July 11, 1938 16. Dominic Anselmo___________________________ October 15, 1938 17. Charles Topia_________________ _____________ December 5, 1938 18. Alfred Zoilo_______________________________" July 12, 1935 19. Lawrence Neal_____________________________ July 12, 1938 20. James Gallosi------- ----------------------- October 26, 1938 21. Frank Barba_______________________________ August -1, 1938 22. James DiPietro----------------------------- November 3, 1938 23. Pietro Caruso ----------------------------- _. July 13, 1938 24. Anthony Scalici_______ _____________________ July 11, 1938 25. Joseph Yatkowitz--------------------------- July 26, 1938 26. Guiseppe Berti_____________________________ November 1, 1938 27. Nobab All__________________________________ July 13, 193S 28. Daniel Aiello________ _______________________ October 26, 1938 29. Joseph Dispigno---------------------------- October 19, 1938 30. Frank D'Alessio------------------------------ July 13, 1938 31. Frank Firenze ------------------------------ July 13, 1938 32. Salvatore F. Giovannucci ___________________ July 14, 1938 33. Frank Cinquegrana------------------------- October 19, 1938 34. John Bucemi------------------------------- July 13, 1938 35. Concetto Ferranto__________________________ October 19, 1938 APPENDIX B 2 1. Morris Engargola 2. John Capalda 3. John F. Sannino 4. Joseph Cattogio 5. Joseph Sanchez 6. Vincent F. Cattogio 7. Alex Hollander 8. Eddie Cintron 9. Morris Steinberg 10. Victor Ruiz 11. Antonio Di Pietro 12. Julia Faime 13. Salvatore Lopica 14. G. Roman 15. Pasquale (Pat) Tuc- cillo 16. Luigi Didonato 17. Eusebio R. Martinez (Frank Ruiz) 18. Angelo Laurenzello 2 The spelling of many of the names appearing in the Appendices varied In the record. 472 DECISIONS OF NATIONAL 19. John Tuccillo 20. Anthony Kala 21. Angelo Cordova 22. Elias Taime 23. Vincent Castelluzzio 24. Meyer Woodman 25. John Somma 26. Vincent Carbone 27. Oresto Pinto 28. Joseph Cannice 29. Dominic De Palma 30. Umberto Milo 31. George Hagger 32. Emil J. Delma 33. Thomas Johnson LABOR RELATIONS BOARD 34. Frank La Bate 35. Rosario C. Riveccio 36. George O. Williams 37. Vincent Striano 38. James Virono 39.. Joseph Cici 40. Salvatore Mandello 41. Angelo Vidal 42. Joseph Pensabene 43. Max Glaubach 44. John Barile 45. Conrad Kundle 46. Frank Faville 47. Lewis Spinelli 48. Sam Barba c