Zylocase Co.

In the Matter Of ZYLOCASE COMPANY AND OPTICASE COMPANY and UNITED OPTICAL WORKERS UNION LOCAL 609, C. I. O. and OPTICASE COMPANY EMPLOYEES UNION, PARTY TO THE CONTRACT and FEDERAL LABOR UNION No. 22390, A. F. OF L., PARTY TO THE CONTRACT Case No. C-2043.-Decided January 02, 1942 Jurisdiction : optical equipment manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Frederick R. Livingston, for the Board. Mr. Simon Englander, of Newark, N. J., for the respondent Zylo- case Company. Mr. William Phillipson, of Newark, N. J., for the respondent Opti- case Company. Mr. Samuel L. Rothbard, of Newark, N. J., and Mr. Sebastian Rebaldo, of New York City, for the Union. Mr. Samuel R. Isard and Mr. Russell Burnett, of Newark, N. J., for the Federal. Mr. Carl Doerflinger, of Irvington, N. J., for the Association. Mr. J. H. Garver, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a second amended charge duly filed by United Optical Workers Union Local No. 609, affiliated with the Congress of Indus- trial Organizations, 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 December 5, 1941, against Zylocase Company, Maplewood, New Jersey, herein called respondent Zylocase, and Opticase Company, Newark, New Jersey, herein called respondent Otipcase, and herein jointly called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting 38 N. L. R. B., No. 94. 455 456 DE'CISiION,S OF NAT'IOTN'AL LABOR R'E'LAT'IONS BOARD commerce, within the meaning of Section 8 (1), (2), 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, of an accom- panying notice of hearing thereon, and-of an amended notice of hearing were duly served upon the respondents, the Union, and upon Opticase Company Employees Union, herein called the Association, and Federal Labor Union No. 22390, herein called the Federal. With respect to the unfair labor practices, the complaint alleged in substance : (1) that the respondent Zylocase, without notice to the Union or its employees and to avoid collective bargaining, dis- continued manufacturing at its Irvington, New Jersey, plant about June 1940, and moved its machinery and equipment to Newark, New Jersey, where it commenced operations as Opticase; (2) that 11 named employees who had been laid off by respondent Zylocase on or about March 28, 1940, were refused reinstatement by the respond- ents on or about July 12, 1940, because of their union membership and activity; (3) that the respondent Opticase initiated the forma- tion of the Association and from June 1940, to about July 15, 1940, dominated and interfered with the administration of the Association and contributed support thereto; (4) that on or about July 15, 1940, the respondent Opticase entered into a contract with the Federal relating to terms and conditions of employment, which contract was invalid because the respondent Opticase 'had assisted the Federal, which did not, therefore, represent an uncoerced majority of the em- ployees in an appropriate unit; and (5) that the respondents, by the acts set forth above, and by disparaging and vilifying the Union, by questioning, warning, and threatening their employees respecting their union membership and activities, and by urging and threatening their employees to assist, join, or remain members of the Association and the Federal, had interfered with, restrained, and coerced their employees in the exercise of the rights guaranted in Section 7 of the Act. On December 15, 1941, Zylocase and Opticase filed answers denying that they had engaged in any of the unfair labor practices alleged. Pursuant to notice, a hearing was begun at New -York City, on December 22, 1941, before Tilford E. Dudley, the Trial Examiner duly designated by the Chief Trial Examiner. The respondents, the Union, and the Federal were represented by counsel, and the Asso- ciation by its secretary. Before the hearing was completed, the re- spondents, the Union, the Association, the Federal, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : A charge having been filed by the United Optical Workers Union, Local 609, affiliated with the C. I. 0., hereinafter called ZYLOCASE COMPANY 457 the Union, with the Regional Director of the National Labor' Relations Board, hereinafter called the Board, for the 2nd Re- gion, New York City, alleging that the Zylocase Company and the Opticase Company, hereinafter called Respondent Zylocase and Respondent Opticase respectively, have engaged in unfair labor practices within the meaning of Section 8, subsections (1), (2) and (3) of the National Labor Relations Act; the Board through its Regional Director having issued and served a com- plaint stating the charges, service of which is hereby acknowl- edged by the parties; answers having been filed by Respondents Zylocase and Opticase to the aforesaid complaint; hearing hav- ing commenced before a duly designated Trial Examiner for the Board; and it being the desire of the parties to conclude all proceedings before the Board in this case. It is hereby stipulated and agreed by and between the parties hereto, that: 1. Respondent Zylocase is, and has been since 1925, a corpora- tion duly organized under, and existing by virtue of, the laws of the State of New Jersey, having its principal office and place of business at 39 Burr Road, Maplewood, New Jersey. Respondent Zylocase was engaged in the manufacture, sale and distribution of spectacle cases, optical equipment and related products. 2. During the 6 months period from July 1, 1939 to January 1, 1940 inclusive, the principal raw materials used by Respondent Zylocase in the manufacture of the above described finished products were steel, gutta-percha, leather, paper boxes and cov- erings. The value of said raw materials purchased during the aforesaid period exceeded $40,000. Approximately 70% of the said purchases were purchased outside the State of New Jersey. During the same period Respondent Zylocase sold finished prod- ucts exceeding $90,000. 90% of the said sales were shipped to places outside of the State of New Jersey. 3. Respondent Opticase is and has been since 1940 a corpo- ration duly organized and existing by virtue of the laws of the State of New Jersey, having its principal office and place of business at 148 Dickerson Street, Newark, N. J. Respondent Opticase is engaged in the manufacture, sale and distribution of spectacle cases, optical equipment and related products. 4. During the 6 months period from June 1, 1941 to December 1, 1941 inclusive, the principal raw materials used by Respond- ent Opticase in the manufacture of the above described finished products were steel, gutta-percha, leather, paper boxes and cov- erings. The value of said raw materials purchased during the aforesaid period exceeded $25,000. Approximately 70% of the 458 DECISIONS OF NATIONAL LABOR'R'ELATIONSi BOARD said purchases were purchased outside the State of New Jersey. During the same period Respondent, Opticase sold finished prod- ucts exceeding $50,000. : 90%, of the said sales were shipped to places outside of the .State of New Jersey. 5. Respondent Zylocase concedes that it was engaged in inter- state commerce, and Respondent Opticase concedes that it is engaged in interstate commerce within the meaning of the National Labor Relations Act. I ' • I , 6. The United Optical Workers Union Local 609, C. ' I. 0., the Opticase Company Employees Union, and Federal Labor Union No. 22390, , A. F. L., are each labor organizations within the meaning of Section 2, 'subdivision 5 of the Act. 7. The parties waive their rights to a further hearing of the proceedings by or before the Board, and waive their rights to the making of findings of fact and conclusions of law ; by the Board. 8. The above described charge, complaint, notice of hearing and this stipulation of, settlement. shall constitute the entire rec- ord in this proceeding. '• . 9. 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 making of findings of fact and conclusions of law : ,ORDER,, The Respondents Zyfocase and Opticase, their'' officers, agents, successors and assigns shall: 1. Cease and desist from : (a) In any manner interfering, with, restraining or coercing their employees in the exercise of their rights to self-organiza- tion, to form, join or assist a labor organization, to bargain collectively through representatives of their own' choice, to en- gage in concerted activities for the purpose of collective bargain- ing, or other mutual 'aid or protection as guaranteed by Section 7 of the National Labor Relations Act. 2.' Take the following effective action to effectuate the policies of the National Labor Relations Act : (a) Offer to Mary Quick, Freda Steck, Zelda Steck, Ann Gagliardo, Rose Alfano, Anna Johnson, Mickey Karatz, Frances Gagliardo, Mr. Robelowsky and Rose Pesci, immediate employ- ment at Opticase Company in positions substantially equivalent to those held by them at the Zylocase Company. ZYLOCASE COMPANY 459 (b) Pay to the Regional Director of the National Labor Rela- tions Board for the 2nd Region the sum of $800 to be distributed by the Regional Director to the persons named above. (c) Immediately post copies of the notice attached hereto and made a, part hereof marked Appendix A,1 in conspicuous places throughout the Opticase Company's plant, and maintain' such' notices ifor a period of 60 consecutive days from the posting of such notice. (d) Notify the Regional Director of the National Labor Relations Board for the 2nd Region within ten days of 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. IT Is FURTHER ORDERED that the complaint be, and it hereby, is, dismissed insofar as it alleges that Respondent Opticase assisted, dominated, contributed to the support of, and interfered with the administration of Opticase Company Employees Union, and insofar as it alleges that Federal Labor Union No. 22390, A. F. L., was sponsored, maintained, assisted or supported by Respondent Opti-, case, and insofar as it alleges that Respondents Zylocase and Opticase discriminated against Viola Estowitz in regard to her hire and tenure of employment within the meaning of Section 8, subdivision 3 of the Act. 10. Upon application by the Board without further notice to the parties,the United States Circuit Court of Appeals for the 2nd Cir- cuit or any other appropriate court as provided for in Section 10 (c), of the Act may enter a decree embodying substantially the above order of the Board and the parties expressly waive. their right to contest the entry of such decree. 11. The entire agreement between the parties is contained within the terms of this instrument and there is no verbal instrument of any kind which varies, alters or adds to this stipulation. ' 12. This stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. On January 7, ' 1942, the Board issued 'its 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 case 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 : ' The form of the notice appears as Appendix A to this Decision. 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENTS Zylocase Company was incorporated in New Jersey in 1925 and has had its principal place of business at Maplewood, New Jersey, where it engaged in the manufacture, sale, and distribution of spec- tacle cases, optical equipment, and related products. During the period from July 1, 1939, to January 1, 1940, Zylocase purchased raw materials having a value in excess of $40,000, approximately 70 percent of which were purchased outside the State. During the same period Zylocase sold more than $90,000 worth of products, of which about 90 percent were shipped outside the State. Zylocase admitted that it was engaged in commerce within the meaning of the Act. The respondent Opticase Company was incorporated in New Jer- sey in 1940 and has its principal place of business at Newark, New Jersey, where it is engaged in the manufacture, sale, and distribution of spectacle cases, optical equipment, and related products. During the 6-month period ending December 1, 1941, raw materials pur- chased by Opticase exceeded $25,000 in value, and finished products sold by it were worth in excess of $50,000. Approximately 70 per- cent of the purchases were made from and 90 percent of the sales were shipped outside the State. Opticase admitted that it is en- gaged in commerce within the meaning of the Act. We find that the above-described operations of the Zylocase Com- pany constituted, and of the Opticase Company, constitute, a con- tinuous flow of trade, traffic, and commerce among the several States, within the meaning of the Act. 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 National Labor Relations Act, the National Labor Relations Board hereby orders that the respondents, Zylocase Company, Maplewood, New Jersey, and Opticase Company, Newark, New Jersey, their officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing their employees in the exercise of their rights to self-organization, to form, join or assist a labor organization, to bargain collectively through representatives of their own choice, to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or pro- tection as guaranteed by Section 7 of the National Labor Relations Act. ZYLOCASE COMPANY 461 2. Take the following effective action to effectuate the policies of the National Labor Relations Act : (a) Offer to Mary Quick, Freda Steck, Zelda Steck, Ann Gagli- ardo, Rose Alfano, Anna Johnson, Mickey Karatz, Frances Gagli- ardo, Mr. Robelowsky and 'Rose Pesci, immediate employment at Opticase Company in positions substantially equivalent to those held by them at the Zylocase Company ; (b) Pay to the Regional Director of the National Labor Relations Board for the 2nd Region the sum of $800 to be distributed by the Regional Director to the persons named above; (c) Immediately post copies of the notice attached hereto and made a part hereof marked Appendix A, in conspicuous places throughout the Opticase Company's plant, and maintain such notices for a period of 60 consecutive days from the posting of such notice; (d) Notify the Regional Director of the National Labor Relations Board for the 2nd Region within ten days of 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. IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed insofar as it alleges that Respondent Opticase assisted, dominated, contributed to the support of, and interfered with the administration of Opticase Company Employees Union, and insofar as it alleges that Federal Labor Union No. 22390, A. F. L., was sponsored, maintained, assisted or supported by Respondent Opti- case, and insofar as it alleges that Respondents Zylocase and Opticase discriminated against Viola Estowitz in regard to her hire and tenure of employment within the meaning of Section 8, subdivision 3 of the Act. APPENDIX A NOTICE TO EMPLOYEES OF THE OPTICASE COMPANY POSTED PURSUANT TO AGREEMENT WITH THE NATIONAL LABOR RELATIONS BOARD The Company wishes to inform its employees that: It will not in any way interfere with, restrain or coerce its em- ployees in the exercise of their right under the National Labor Rela- tions Act to self-organization, to form, join or assist any labor organization freely chosen by them, or to engage in any concerted activities for the purpose of collective bargaining, or other mutual aid or protection. Date - ------------------- Opticase Company By : Emanuel Nathan, President