Riverdale Manufacturing Co., Inc.

In the Matter of RIVERDALE MANUFACTURING Co., INC. and LOCAL '45-BT UNITED FURNITURE WORKERS OF AMERICA, C. I. O. and EMPLOYEES BARGAINING REPRESENTATIVES FOR THE PRODUCTION EMPLOYEES OF THE READY-MADE-DRAPE DEPARTMENT , PARTIES TO THE CONTRACT Case No. C-2607.-Decided December 5, 1941 Jurisdiction : drapery and related products manufacturing industry Settlement : stipulation. providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Frederick R. Livingston, for the Board. Mr. Arthur Fluegelman, of New York City, for the respondent. Mr. Harold Klein, for the Union. Evelyn Stone, Dorothy Clarkson, Florence Ferrari, Mr. San, Katz and Mr. Sydney Swiss, for the Committee. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Local 45-B, United, Furniture Workers of America, C. I. 0., 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 September 10, 1941, against Riverdale Manufacturing Co., Inc., New York City, herein called the respondent, alleging that the respondent - had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (2) 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, upon the Union, and upon Employees Bargaining Representatives for the Production Em- ployees of the Ready-Made-Drape Department, herein called the Committee. Concerning the unfair labor practices, the complaint alleged in substance that the respondent by its officers and agents (1) on or about March 24, 1941, initiated, formed, and sponsored the Com- 37 N L. R B., No. 47. 298 RIVERDALE MANUFACTURING CO., INC. 299 mittee for the purpose of dealing with its employees concerning grievances , labor disputes, wages, rates of pay, hours of employ- ment, and conditions of work, and from March 24, 1941, to the date of issuance of the complaint dominated, contributed to the support of, and interfered with the administration of said Committee; and (2) from on or about, March 24, 1941, to the date of the issuance of the complaint urged, persuaded, and warned its employees to refrain from aiding, becoming, or remaining members of the Union, threat- ened such employees with discharge or other reprisals if they en- gaged in concerted activities culminating in a strike, and threatened' such employees that it knew or could learn the names of those employees signing affidavits with the Board. On September 19, 1941, the respondent filed an answer admitting the allegations of the complaint with regard to the nature and extent of its business, but denying the allegations of unfair labor practices and alleging certain affirmative defenses. On October 15, 1941, the Union filed a supplemental charge, alleging that the re- spondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1), (2), (3), and (5). On November 4, 1941, the respondent, the Union, the Committee, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : Agreement made this 4th day of November, 1941, by and among RIVERDALE MANUFACTURING Co., INC., 55 White Street, New York City, hereinafter called the respondent; LOCAL 45-B, UNITED FURNITURE WORKERS OF AMERICA, C. I. 0., 101 West 28th Street, New York City, hereinafter called the union; EM- PLOYEES BARGAINING REPRESENTATIVES FOR THE PRODUCTION EM- PLOYEES OF THE READY-MADE-DRAPE DEPARTMENT, 55 White Street, New York City, hereinafter called the committee; and Frederick R. Livingston, Attorney, National Labor Relations Board. Whereas the union duly filed a charge in the above-captioned proceedings at the offices of the National Labor Relations Board, Second Region, and Whereas the National Labor Relations Board, hereinafter called the Board, duly issued a Complaint and Notice of Hearing on September 10, 1941, and Whereas the respondent duly,filed its verified answer at the offices of the Second Region of the Board on September'19, 1941, and Whereas the parties desire to dispose of all the issues created by said charges and said complaint and to eliminate the necessity for further proceedings by or before the Board, 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Now, THEREFORE, IT IS MUTUALLY AGREED : 1. Respondent is and has been at all times since 1929 a cor- poration organized and existing by virtue of the laws of the State of New York, having its principal office and place of business at 55 White Street, New York City, where it is engaged in the conversion of drapery fabrics and in the manufacture, processing .and selling of draperies and related products. 2. During the last six months, which was a representative period in the respondent's business, the principal materials used in the manufacture of the above-described finished products were drapery fabrics, all of which said raw materials are purchased outside the State of New York. Said purchases from outside the State of New York exceeded $500,000. During the same period the respondent sold finished products exceeding $500,000. Eighty percent of the said sales were shipped to places outside the State of New York. 3. The respondent concedes that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. 4. The union and the committee are each labor organizations within the meaning of Section 2, subdivision (5) of the Act. 5. The parties waive their rights to a hearing or further pro- ceedings by or before the, Board, and waive their rights to the making of findings of fact and conclusions of law by the Board. 6. The above-described charge, complaint, notice of hearing, answer, and this stipulation of settlement shall constitute the entire record in this proceeding. 7. The parties hereby agree to the issuance by the Board with- out further notice or proceedings of an order substantially in the following form, which order shall have the same force and effect as if made after full hearing, presentation of evidence, and the makings of findings of fact and conclusions of law thereof ORDER The respondent, Riverdale Manufacturing Co. Inc., its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the ad- ministration of Employees Bargaining Representatives for the Production Employees of the Ready-Made-Drape Department, or with the formation or administration of any other labor organization of its employees, or by contributing financial or RIVERDALE MANUFACTURING CO., INC. 301 other support to the Employees Bargaining Representatives for the Production Employees of the Ready-Made-Drape Department, or any other labor organization of its employees. (b) Giving effect to the agreement between the respondent and Employees Bargaining Representatives for the Production Employees of the Ready-Made-Drape Department, dated March 27, 1941, or any extension, renewal, supplement or modification thereof. (c) In any other manner interfering with, restraining, or coercing its employees in the exercise of their rights to self- organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choos- ing, or to engage in concerted activities for the purposes. of collective bargaining or other mutual aid or protection as guaranteed by Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition from Employees Bargaining Representatives for the production Employees of the Ready- Made-Drape Department or any successors thereof as the representative of any of the employees for the purpose of dealing with the respondent concerning grievances, labor dis- putes, wages, rates of pay, hours of employment or conditions of employment, and completely disestablish Employees Bar- gaining Representatives for the Production Employees of the Ready-Made-Drape Department. (b) Immediately post copies of the notice 'attached -hereto and made a part hereof, marked Appendix A,['] in conspicu- ous places throughout its White Street plant, and maintain such notice for a period of at least thirty (30) consecutive days from the posting of such notice. (c) Notify the Regional Director of the National Labor Relations Board for the Second Region within ten (10) days from the date of the approval by the National Labor Relations Board of the stipulation upon which this Order is based what steps the respondent has taken to comply therewith. The respondent and the committee hereby consent to the entry by an appropriate United States Circuit Court of Appeals upon application by the Board of a consent decree enforcing the Order of the Board in the form hereinabove set forth, and upon five days notice of application for such decree. 1 Appendix A is not set 'forth herein but is attached to this Decision and Order 302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The entire agreement is contained within the terms of this instrument and there is no verbal understanding of any kind which varies, alters or adds to this agreement. This agreement is subject to the approval of the National Labor Relations Board and shall be effective if and when ap- proved by the Board. On November 15, 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 Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entering a, Decision and Order pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Riverdale Manufacturing Co., Inc., is a New York corporation with its principal office and place of business in New York City, where it is engaged in the conversion of drapery fabrics and in the manufac- ture, processing, and selling of draperies and related products. During the 6 months preceding November 4, 1941, which was a repre- sentative period in the respondent's business, the principal materials used in the manufacture of the above-described finished products were drapery fabrics, exceeding $500,000 in cost, all of which were pur- chased outside the State of New York. During the same period, the respondent sold finished products in an amount exceeding $500,000, 80 per cent of which were shipped outside the State of New York. The respondent' concedes that it is engaged in 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, 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 Riverdale Manufacturing Co. Inc., of New York City, its officers, agents, successors and assigns, shall: 1. Cease-and desist from: (a) In any manner dominating or interfering with the adminis- tration of Employees Bargaining Representatives for the Production RIVERDALE MANUFACTURING' CO.; INC. 303 Employees of the Ready-Made-Drape Department, or with the foi- niation or administration of any other labor organization of its employees, or contributing financial or other support to Employees Bargaining Representatives for the Production Employees of the Ready-Made-Drape Department, ' or any other labor organization of its employees. (b) Giving effect to the agreement between the' respondent and Employees Bargaining Representatives for the Production Em- ployees of the Ready-Made-Drape Department, dated March 27, 1941, or any extension, renewal, supplement, or modification thereof. (c) In any other manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, or to engage in con- certed activities for the purposes of collective bargaining or other mutual aid or protection as guaranteed by Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Withdraw all recognition from Employees Bargaining Rep- resentatives for the Production Employees of the Ready-Made-Drape Department or any successors thereof as the representative of any of the employees for the purpose of dealing with the respondent con- cerning grievances, labor disputes, wages, rates of pay, hours of em- ployment, or conditions of 'employment, and completely disestablish Employees Bargaining Representatives for the Production Employees of the Ready-Made-Drape Department. (b) Immediately post copies of the notice attached hereto and made a part hereof, marked -Appendix A, in conspicuous places throughout its White Street plant, and maintain such notice for a period of at least thirty (30) consecutive days from the posting of such notice. (c) Notify the Regional Director of the National Labor Relations Board for the Second Region within ten (10) days from the date of the approval by the National Labor Relations Board of the stipula- tion upon which this Order is based what steps the respondent has taken to comply therewith. 304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A NOTICE TO EMPLOYEES OF RIVERDALE MANUFACTURING CO., INC., POSTED, PURSUANT TO AGREEMENT WIT-11 THE NATIONAL LABOR RELATIONS BOARD AND LOCAL 45-B UNITED FURNITURE WORKERS OF AMERICA,. C. I. O. The Company wishes to inform its employees that : 1. The Employees Bargaining Representatives for the Productiolb Employees of the Ready-Made-Drape Department is disestablished, u nd the Company will not recognize or deal with the Employees Asso- ciation as the collective bargaining representative of any of the Com- pany's employees. 2. The contract of March 27, 1941, between the Company and the Employees Bargaining Representatives for the Production Employees, of the Ready-Made-Drape Department, has been cancelled. 3. The Company will not dominate; interfere with, or contribute support to the Employees Bargaining Representatives for the Pro- duction Employees of the Ready-Made-Drape Department, or any other organization of its employees. 4. The Company will not in any way interfere with, restrain, or coerce its employees in the exercise of their right under the National Labor Relations Act to self-organization, to form, join or assist any labor organization freely chosen by them, and to engage in con- certed activities for the purposes of collective bargaining or other mutual aid or protection. Dated : New York, N. Y., November 4, 1941. RIVERDALE 'MANUFACTURING CO., INC., By