The Mode Novelty Co.

National Labor Relations Board - Board Decisions

Apr 27, 1939

12 N.L.R.B. 501 (N.L.R.B. 1939)

In the Matter of THE MODE NOVELTY Co. and UNITED USED PRODUars
WORKERS LOCAL INDUSTRIAL UNION, No. 132, C. I. O.
Case No. C-1219.-Decided April 27,1939
Hat Manufacturing Industry-Settlement : stipulation providing for compli-
ance with the Act-Order : entered on stipulation.
Mr. Richard J. Hickey, for the Board.
Mr. Jacob Lipman, of Newark, N. J., for the respondent.
Mr. Samuel L. Rothbard, of Newark, N. J., and Mr. Stanley Ed-
wards, of Akron, Ohio, for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and amended charges duly filed by United Used
Products Workers Local Industrial Union, No. 132, affiliated with
the Congress of Industrial 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 October 8, 1938, against The Mode Nov-
elty Co., Newark, New Jersey, 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), (3), and (5) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. A copy of the
complaint accompanied by notice of hearing was duly served upon
the respondent and the Union. The respondent filed an answer dated
October 18, 1938, in which it admitted the allegations of the com-
plaint concerning the nature and scope of its business but denied the
allegations of unfair labor practices.
Concerning the unfair labor practices the complaint alleged, in
substance, that although a majority of the respondent's employees
in an appropriate unit designated the Union as their representative
for purposes of collective bargaining, the respondent refused to bar-
gain collectively with the Union; that following a strike of the em-
ployees, brought about by the respondent's aforesaid refusal to
12 N. L. R. B., No. 59.
501
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargain collectively with the Union, the respondent locked out, dis-
charged, and refused to reinstate certain named employees because
they joined and assisted the Union and engaged in other concerted
activities for the purpose of collective bargaining and other mutual
aid and protection; and that the respondent, by the aforesaid activi-
ties and by urging, persuading, and warning its employees to refrain
from becoming or remaining members of the Union, by threatening
its employees with discharge and other reprisals if they became or
remained members of the Union, and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
After several postponements, notices of which were duly served
upon the parties, a hearing was held on February 27 and 28, 1939,
at Newark, New Jersey, before Henry J. Kent, the Trial Examiner
duly designated by the Board. The Board, the respondent, and the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues was af-
forded all parties. During the hearing on February 28, 1939, the
Trial Examiner received in evidence without objection a stipulation
in settlement of the case entered into by the respondent, the Union,
and counsel for the Board on February 27, 1939. The hearing was
then closed. Thereafter, the parties entered into an amendment to
the stipulation. The stipulation and the amendment to the stipula-
tion are set forth below :
STIPULATION
Whereas, the National Labor Relations Board issued a com-
plaint on October 8, 1938 based upon charges made by the
United Used Products Workers Local Industrial Union No. 132,
C. I. 0., that the Mode Novelty Company located at 242-13th
Avenue, Newark, New Jersey, has engaged in and,is engaging in
certain unfair labor practices affecting commerce, which prac-
tices are more particularly described in said complaint; and
Whereas, said The Mode Novelty Company hereinafter re-
ferred to as the Respondent has filed an Answer to said Com-
plaint denying the charges against it therein contained; and
Whereas, a hearing upon the pleadings has commenced, testi-
mony has been taken, and evidence submitted, and said proceed-
ings is now pending before Henry J. Kent, an Examiner duly
appointed and authorized for that purpose; and
Whereas the parties to said proceedings desire to adjust and
settle the matters in difference and in issue among themselves
in accordance with the provisions of this stipulation.
THE MODE NOVELTY CO. 503
Now, therefore, it is hereby stipulated and agreed as follows :
1. The stipulation entered into between the National Labor
Relations Board and the respondent respecting the business oper-
ations of the respondent and marked Board's Exhibit No. II
is made a part hereof.
2. The respondent and the aforesaid union have this day
entered into a contract.
3. The respondent shall :
(1) Cease and desist from
(a) In any manner interfering with, restraining, or coerceing
[sic] their employees in the exercise of the rights 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 purpose of collective
bargaining or other mutual aid or protection, as guaranteed by
Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the United Used Prod-
ucts Workers Local Industrial Union No. 132, C. I. 0., or any
other labor organization of their employees by locking out, or
in any manner discriminating against their employees in regard
to the hire or tenure of employment or condition of employment
of any of their employees by reason of their membership in the
United Used Products Workers Local Industrial Union No. 132,
C. I. O.
(c) From refusing to bargain collectively with the United
Used Products Workers Local Industrial Union No. 132, C. I. O.
as the exclusive representative of their production employees.
(2) To take the following affirmative action which the Board
finds will effectuate the policies of the Act :
(a) Upon application in writing addressed to the Mode Nov-
elty Company, Newark, New Jersey, within ten (10) days of
approval of this stipulation by the Board shall place upon a
preferential employment list of the respondent each of the em-
ployees named in Schedule A2 annexed hereto and made a part
hereof who make such application without prejudice to their
seniority or other rights and privileges previously enjoyed and
shall rehire said employees at their former positions or equiva-
lent positions when additional help is required by respondent.
Ida Way, Evelyn Schenck and Lola Smith shall be immedi-
ately rehired by respondent.
(b) Upon request, bargain collectively with the United Used
Products Workers Local Industrial Union No. 132, C. I. O. as
1 Board Exhibit No. II Is omitted, since the pertinent facts contained therein are set
forth in the findings concerning the respondent's business.
2 See Schedule A of the Decision and Order, infra.
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the exclusive representative of all their production employees or
with the affiliated organization of said union to which the em-
ployees within the respective unit may have transferred their
membership with respect to rates of pay, hours of employment
and other conditions of employment.
(c) Post and keep visible in a prominent place in the plant of
respondent for a period of thirty (30) days after receipt of
copies of the order entered by the National Labor Relations
Board, notices stating that the respondent will cease and desist
in the manner aforesaid and respondent will take the affirmative
action as aforesaid;
(d) Notify the Regional Director for the Second Region in
writing of compliance of this order within thirty (30) days from
the date of its entry by the Board.
4. Foregoing shall constitute a disposition of all issues alleged
in complaint.
5. It is further stipulated and agreed that the United States
Circuit Court of Appeals for the Second Circuit may upon ap-
plication by the National Labor Relations Board enter a decree
enforcing the aforesaid order of the Board, respondents hereby
expressly waiving their rights to contest the entry of said decree
in the United States Circuit Court of Appeals for the Second
Circuit, and further expressly waiving their rights to receive
notice of the filing by the National Labor Relations Board of an
application for the entry of such a decree.
6. It is further stipulated and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
AMENDMENT TO STIPULATION
Whereas the United Used Products Workers Local Industrial
Union #132, C. I. 0., the Mode Novelty Company and the
National Labor Relations Board entered into a stipulation in
the above entitled proceedings on the 27th day of February
1939, and whereas the aforesaid parties to said proceedings
desire to amend said stipulation,
Now therefore, it is hereby further stipulated and agreed as
follows:
That the aforesaid parties consent to the entry by the Na-
tional Labor Relations Board of an order in the above entitled
proceedings, based upon and in accordance with the terms of
the aforesaid stipulation dated February 27th, 1939.
On March 22, 1939, the Board issued its order approving the
above stipulation, as amended, making it a part of the record, and
transferring the proceeding to the Board for the purpose of entry
THE MODE NOVELTY CO. 505
of a decision and order by the Board pursuant to the provisions of
the stipulation, as amended.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FAO'
1. THE BUSINESS OF THE RESPONDENT
The respondent, a New Jersey corporation with its offices and plant
at Newark, New Jersey, is engaged in the manufacture and sale of
novelty hats. The principal raw material purchased by the respond-
ent is felt. During the year 1938 the respondent purchased felt
amounting in value to approximately $12,000, about 98 per cent of
which was purchased outside the State of New Jersey. During the
same year the respondent sold novelty hats amounting in value to
approximately $23,000, of which about 90 per cent were shipped to
points outside the State of New Jersey.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
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 Mode Novelty Co., Newark, New Jersey,
shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of the rights to self-organization, to form,
join, or assist labor organizations, 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 by Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the United Used Products
Workers Local Industrial Union No. 132, C. I. 0., or any other
labor organization of its employees by locking out, or in any manner
discriminating against its employees in regard to the hire or tenure
of employment or condition of employment of any of its employees
by reason of their membership in the United Used Products Workers
Local Industrial Union No. 132, C. I. 0.;
(c) Refusing to bargain collectively with the United Used Prod-
ucts Workers Local Industrial Union No. 132, C. I. 0., as the ex-
clusive representative of its production employees.
506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Upon application in writing addressed to The Mode Novelty
Co., Newark, New Jersey, within ten (10) days of approval of the
afore-mentioned stipulation by the Board, place upon a preferential
employment list of the respondent each of the employees named in
Schedule "A" annexed hereto and made a part hereof who makes
such application, without prejudice to their seniority or other rights
and privileges previously enjoyed, and rehire said employees at their
former positions or equivalent positions when additional help is re-
quired by the respondent. Ida Way, Evelyn Schenck, and Lola Smith
shall be immediately rehired by the respondent;
(b) Upon request, bargain collectively with the United Used
Products Workers Local Industrial Union No. 132, C. I. O. as the ex-
clusive representative of all its production employees or with the
affiliated organization of said union to which the employees within
the respective unit may have transferred their membership with re-
spect to rates of pay, hours of employment, and other conditions of
employment;
(c) Post and keep visible in a prominent place in the plant of the
respondent for a period of thirty (30) days after receipt of copies
of this Order notices stating that the respondent will cease and
desist in the manner aforesaid and that the respondent will take the
affirmative action as aforesaid;
(d) Notify the Regional Director for the Second Region in writ-
ing of compliance of this Order within thirty (30) days from the
date of its entry by the Board.
SCHEDULE A
David Jones
John E. Streeter
Addie Jackson
Marion Hamilton
Lola Smith
Evelyn Schenck
Lulu Davis
Ida Davis
Ida Way
Harriet Jackson
Pauline Gregory
Rose Banks
Tom Taylor
Richard Jones
Sadie Lenza
Joseph Torre
Ruby De Loache