Newburger, Loeb & Co.

In the Matter of LESTER M. NEWBURGER, DANIEL LOEB, MORRIS NEW. BURGER, FRANK L. NEWBURGER, JR., DAVID KLEE, IRVIN L. STONE, BERTRAM E. GOODMAN, LEO STERN, RICHARD L. NEWBURGER, ROBERT L. NEWBURGER, FRANK L. NEWBURGER, AND CARRIE F. LOEB, ALFRED H. NEWBURGER AND BLANCHE L. GOODMAN, AS EXECUTORS AND TRUSTEES UNDER THE LAST WILL AND TESTAMENT OF JACOB F. LOEB, DOING BUSINESS AS A CO-PARTNERSHIP UNDER THE TRADE NAME AND STYLE OF NEWBURGER, LOEB & Co. and BANK AND BROKERAGE EM- PLOYEES UNION, LOCAL 96, UNITED OFFICE AND PROFESSIONAL WORKERS OF AMERICAS C. I. O. Case No. C-2020.Decided December 16, 1941 Jurisdiction : stocks, bonds, and commodities buying and selling business. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Mark Lauter, for the Board. Goldsmith, Jackson & Brock, of New York City, for the respondent. Boudin, Cohn, and Glickstein, of New York City, for the Union. Mr. Eugene R. Thorrens, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by Bank and Brokerage Em- ployees Union, Local 96, United Office and Professional Workers of America, C. I. 0., herein called the Union, the National Labor Rela- tions Board, herein called the Board, by its Regional Director for the Second Region (New York City), issued its complaint dated October 31, 1941, against Lester M. Newburger, Daniel Loeb, Morris New- burger, Frank L. Newburger, Jr., Davis Klee, Irvin L. Stone, Bertram E. Goodman, Leo Stern, Richard L. Newburger, Robert L. New- burger, Frank L. Newburger, and Carrie F. Loeb, Alfred H. New- burger and Blanche L. Goodman, as Executors and Trustees under the last Will and Testament of Jacob F. Loeb, doing business as a 37 N. L. R. R., No. 109. 683 433257-42-vol 37-No. 109 +684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,co-partnership under the trade name and style of Newburger, Loeb & Co., 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 (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint -accompanied - by notice of hearing. were duly served upon the respondent and the, Union. Concerning the unfair labor practices, the complaint alleged in -substance: (1) that on certain named dates the respondent discharged Louis H. Epstein and Lawrence Shay, and thereafter refused to reinstate them, because they joined or assisted the Union, or engaged in other concerted activities for the purposes of collective bargaining ; and (2) that from on or about January 1, 1940, and thereafter the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act by urg- ing, persuading, and warning its employees to refrain from aiding, becoming, or remaining members of the Union, and by threatening its employees with discharge or other reprisals if they aided the Union or a member thereof. On November 10, 1941, the respondent filed an answer to the com- plaint, in which, among other things, it admitted the allegations with respect to its business and denied that it had engaged in the alleged -nfair labor practices. On November 24, 1941, prior to the scheduled hearing in the case,1 -the respondent, the Union, and an attorney for the Board entered into a stipulation, subject to approval of the Board, in settlement of the case. The stipulation provides as follows : It is hereby stipulated and agreed by and among Lester M. Newburger , Daniel Loeb, Morris Newburger , Frank L. New- burger, Jr., David Klee, Irvin L. Stone, Betram E. Goodman, Leo Stern, Richard L. Newburger, Robert L. Newburger, Frank L. Newburger , and Carrie F. Loeb, Alfred H. Newburger and Blanche L. Goodman , as Executors and Trustees under the last Will and Testament of Jacob F . Loeb, doing business as a co- partnership under the trade name and style of Newburger, Loeb Co., hereinafter referred to as the "Respondent", by Gold- smith, Jackson S, Brock, Esds., 76 Beaver Street, New York, New York, their attorneys , and Bank and Brokerage Employees Union, Local 96, United Office and Professional Workers of America, C . I. 0., hereinafter referred to as the "Union", by i On November 28, 1941, the Regional Director postponed the hearing in this matter, -originally scheduled for November 24, 1941, and thereafter continued to December 1, 1941, Indefinitely. LE&TER M. NEWBURGER 685- Boudin, Cohn and Glickstein, Esqs., 20 West 43rd Street, New York, New York, its attorneys, 'and Mark Lauter, attorney for the National Labor Relations Board, Second Region : 1. Upon the second amended charge, duly filed October 30, 1941; by the Union, by Leo Pomerance, organizer, the National Labor Relations Board, hereinafter referred to as the "Board",. by Elinore M. Herrick, Regional Director for the Second Region, acting' pursuant to the authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449,-approved July 5th, 1935, hereinafter referred to as the "Act", and acting pursu- ant to its rules and regulations, Series 2, Article 4, Section 1,. issued its complaint and notice of hearing on October 31, 1941,, against the Respondent. - 2. Copies of the second amended charge, complaint and notice of hearing thereon and National Labor Relations Board Rules and Regulations, Series 2 as amended, were duly served on the- Respondent and on the Union on October 31, 1941, said hear- ing being scheduled for November 24, 1941, at 120 Wall Street, New York, New York. On November 10, 1941, Goldsmith, Jack- son S, Brock, attorneys for Respondent herein, filed an answer in the above entitled proceeding. On November 22, 1941, tele- graphic notice of postponement was duly served on the parties hereinabove referred to, postponing the ' hearing scheduled on- November 24, 1941 to December 1, 1941. 3. Respondent is and at all times hereinafter mentioned has been a co-partnership certified to do business under the laws of the State of New York and doing business as a general brokerage and commission firm engaged in the buying and selling of stocks, bonds and commodities which are purchased, sold, distributed- and transported in interstate commerce into and from the State- of New York. Respondent maintains and has maintained its, principal office and place of business at 40 Wall Street, in the City of New York, State of New York, and branch- offices in the City of New York, State of New York, said principal office and place of business and branch offices hereinafter referred to- as the "New York City Offices" and now maintains and has been maintaining branch offices in the states of New Jersey, and Penn- sylvania. 4. Reespondent is engaged in interstate commerce within the meaning of the Act. 5. Respondent is and was at all times mentioned in the above' referred- to complaint, and at all times herein mentioned, an, employed within the meaning of Section 2, subdivision (2) of the Act. 6$6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 6. Bank and Brokerage Employees Union, Local 96, United Office and Professional Workers-of America, C. I. 0., is a labor organization within the meaning of Section 2, subdivisions (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 provisions of the Act. 8. This stipulation, together with the above mentioned second 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 2 as amended, 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., and when so filed shall constitute the record in this case. 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 and it shall not at any time be used against the respondent fn any manner. 10. It is further stipulated and agreed that upon the afore- said second amended charge, complaint, notice of hearing, answer, notice of postponement, and a copy of the National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, together with the, affidavits of service of the various papers -mentioned in this paragraph, and upon this stipulation, if approved by the National Labor Relations Board, an 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 (c) of the Act, may enter a decree embodying substantially 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 officeri`s, agents, successors and assigns shall: (1) Cease and' desist from : (a) In any mariner' interfering with, restraining or coerc- ing its employees in the exercise of their right to self organ- LESTER M. NEWBURGER 687 ization, to form, join or assist the Bank and Brokerage Employees Union, Local 96, United Office and Professional Workers of America, C. I. 0., or any other labor organi- zation, 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 Bank and Brokerage Employees Union, Local 96, United Office and Professional Workers of America, C. I. 0., or any other labor organiza- tion, by discrimination in regard to hire or tenure of em- ployment or conditions of employment. (2) Take the following affirmative " action to effectuate the policies of the Act : (a) Offer to Louis H. Epstein and Lawrence Shay imme- diate and full reinstatement to the positions they held at the time of their discharge, without prejudice to their rights of seniority and other privileges; (b) Make whole Louis H. Epstein and Lawrence Shay for any losses of pay they may have suffered as a result of their discharge, by the payment to said Louis H. Epstein the sum of Fifteen Hundred Sixty-six and 50/100 Dollars ($1,566.50), and by the payment to said Lawrence Shay of the sum of Fourteen Hundred Seventeen and 19/100 Dollars ($1,417.19). (c) Post immediately in conspicuous places at the places of business located at 40 Wall Street; 99 Madison Avenue; and Hotel Ansonia at Broadway and 73rd Street, New York, New York, and maintain for a period of at least (60) sixty consecutive days notices" to its employees stating : 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 Re- gion, 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 among 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. 688 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD On December 4, 1941, the Board issued an order approving the 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 The respondent , a co-partnership having its principal office and place of business at 40 Wall Street, New York City, is engaged as a general brokerage and commission firm in the buying and selling of stocks, bonds, and commodities which are purchased , sold, dis- tributed, and transported in interstate commerce into and from the State of New York. As above set forth in the stipulation , the re- spondent concedes 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 end 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 Lester M. Newburger, Daniel Loeb, Morris New- burger, Frank L. Newburger, Jr., David Klee, Irvin L. Stone, Bertram E. Goodman, Leo Stern, Richard L. Newburger, Robert L. Newburger, Frank L. Newburger, and Carrie F. Loeb, Alfred H. Newburger and Blanche L. Goodman, as Executors and Trustees under the last Will and Testament of Jacob F. Loeb, doing business as a co-partnership under the trade name and style of Newburger, Loeb & Co. 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 Bank and Brokerage-•Employees -Union, -Local ,96, United Office and Professional Workers of America, C. I. 0., or any other labor organization, to bargain collectively through representa- tives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protec- LESTER M. NEWBURGER 689 tion as guaranteed under Section 7 of the National Labor Relations Act; (b) Discouraging membership in the Bank and Brokerage Em- ployees Union, Local 96, United Office and Professional Workers of 'America, C. I. 0., or any other labor organization, by discrimination in regard to hire of tenure of employment or conditions of employment. - (2) Take the following affirmative action to effectuate the policies of the Act; (a) Offer to Louis H. Epstein and Lawrence Shay immediate and full reinstatement to the positions they held at the time of their discharge, without prejudice to their rights of seniority and other privileges ; (b) Make whole Louis H. Epstein and Lawrence Shay for any losses of pay they may have suffered •as a result of their discharge, by the, payment- to said Louis H. Epstein of the sum of Fifteen Hundred Sixty-six and 50/ 00 Dollars ($1,566.50), and by the payment to said Lawrence Shay 'of the stun of Fourteen Hundred Seventeen and i% 00 Dollars ($1,417.19). (c) Post immediately in conspicuous places at the places of busi- ness located at 40 Wall Street; 99 Madison Avenue; and Hotel Ansonia at Broadway and 73rd Street, New York, New York, and maintain for a period of at least (60) sixty consecutive clays notices to its employees stating: 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.