Best Coat & Apron Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Mar 5, 1942

39 N.L.R.B. 432 (N.L.R.B. 1942)

In the Matter of BEST COAT & APRON MFG. Co., INC. and AMAL-
GADI ATED CLOTHING WORKERS OF AMERICA, LOCAL 169
Case No. C-2106.-Decided March 5, 1.942
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Marcel Mallet-Prevost, for the Board.
Zimmerman ce Zimmerman, by Mr. Bernard K. Zimamerrnan, of New
York City, for the respondent.
ullr. David M. Schlossberg, of New York City, for the Union.
Miss Marcia Hertomark, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated
Clothing Workers of America, Local 169, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (Ne%v York City) issued its
complaint dated January 28, 1942, against Best Coat & Apron Mfg.
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
(3) and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. Copies of the complaint and
notices of hearing were duly served upon the respondent and the
Union.
Concerning the unfair labor practices, the complaint alleged in
substance that (1) from on or about February 1, 1939, to March 15,
1941, the respondent discriminated in regard to the terms or condi-
tions of employment of Abraham Ehrlickman by providing him with
less employment, by demoting him to an inferior position, by de-
creasing his rate of pay, and by assigning him to more arduous
or less agreeable work, and on or about March 15, 1941, discharged
39 N. L. R B., No. 78.
432
BEST COAT & APRON MFG. CO., IATC. 433
Ehrlickman and has since refused to reinstate him, because he joined
or assisted the Union or engaged in other concerted activities for
the purposes of collective bargaining or other mutual aid or protec-
tion; and (2) that from on or about March 18, 1938, the respondent
vilified, disparaged, and expressed its disapproval of the Union, inter-
rogated its employees concerning their union affiliation and urged,
persuaded, threatened, and warned its employees to refrain from
assisting, becoming members of, or remaining members of the Union,
The respondent thereafter filed its answer denying the commission
of the unfair labor practices alleged in the complaint.
Pursuant to notice, a hearing was begun on February 9, 1942, at
New York City, before William F. Gnfey, Jr., the Trial Examiner
duly designated by the Chief Trial Examiner. The respondent, the
Union, and the Board were represented by counsel and participated
in the hearing. -
On February 13, 1942, during the course of. the hearing, the re-
spondent, the Union, and counsel for the Board entered into a stipula-
tion in settlement of the Case. This stipulation provides as follows :
It is hereby stipulated and agreed by and among Best Coat &
Apron Mfg. Co. Inc., herein called "Respondent", by Bernard K.
Zimmerman, its attorney, and Amalgamated Clothing Workers
of America, Local No. 169, C. I. 0., herein called the "Union,"
by David M. Schlossberg, its attorney, and Marcel Mallet-Pre-
vost, attorney, National Labor Relations Board, Second Region,
as follows :
1. Upon the amended charge duly filed November 12,_1941
by the Union by David M. Schlossberg, its attorney, the National
Labor Relations Board, herein called the "Board", by Elinore-M.
Herrick, Regional Director for the Second Region, acting pur-
suant to the authority granted in Section 10 (b) of the National
Labor Relations Act, herein called the "Act", and acting pursuant
to its rules and regulations, Series 2, Article 4, Section 1, issued
its complaint and notice of hearing on January 28, 1942 against
Respondent.
2. Copies of the amended charge, complaint and notice of
hearing thereon and National Labor Relations Board Rules and
Regulations, Series 2, as amended, were duly served on Respond-
ent and on the Union on January 29, 1942, said hearing being
scheduled for February 9, 1942 at 120 Wall Street, New York,
New York. On February 3, 1942 Respondent filed its answer to
the Board's complaint.
3. Best Coat & Apron Mfg. Co. Inc., is a New York corpora-
tion with its principal office and place of business in New York
City. It is engaged in the manufacture of cotton washable gar-
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ments chiefly for the linen supply service ` trades and the United
States Government . The principal raw materials used by the
Company in the manufacture of its products are white duck
sheeting goods, twills and khakis, approximately all'of which aie
shipped to the Company's plant from points outside the State
of New York. Approximately 60 percent of the finished prod-
nets ianufactured by the Company are shipped to points out-
side the State of New York. The approximate annual cost of
raw materials purchased by the Company is $500,000 , and the
approximate annual value of products manufactured by the
Company is $800,000.
4. The Company is engaged in commerce within the meaning
of Section 2 of the Act.
5. The respondent is and was at all times mentioned in the
above referred to complaint, and at all times herein mentioned,
an employer within the meaning of Section 2 , subdivision (2)
of the Act.
6. Amalgamated Clothing Workers of America, Local No. 169,
C. I. 0., is a labor organization within the meaning of Section 2,
subdivision (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
amended charge, complaint, notice of hearing, answer and copy
of the Board 's Rules and Regulations , Series 2, as amended,
together with the affidavits of service of the various papers
liereinbefore 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 the case.
9. This entire stipulation is subject to the approval of the
Board and an Order of the 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 Board,
the stipulation and all of its parts shall be null and void and
it shall not at any time be used against Respondent in any
manner.
10. It is further stipulated and agreed that upon the aforesaid
amended charge , complaint , notice of hearing, answer and a copy
of the Board - Rules and Regulations , Series 2, as amended, to-
gether with the affidavits of service of the various papers men-
BEST COAT & APRON MFG. co., INC. 435
tioned in this paragraph , and upon this stipulation , if approved
by the Board, an Order substantially in the form set forth here-
inafter may forthwith be made by the said Board, and upon
application by the Board without further notice to the Respond-
cut, the United States Circuit Court of Appeals for the Second
Circuit, or any other appropriate court, as provided for in Sec-
tion 10 (e) of the Act, may enter a decree enforcing substan-
tially said Order of the Board, and that the Respondent expressly
waives its right to contest the entry of such decree; although
Respondent does not admit any violation of the Act; the Order
referred to above shall provide that Respondent 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 Amalgamated Clothing Workers of
America, Local No. 169, C. I. 0., or any other labor organization,
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 Amalgamated Clothing
Workers of America, Local No. 169, C. I. 0., or any other labor
organization , by discrimination in regard to hire or tenure of
employment or conditions of employment.
(2) Take the following, affirmative action to effectuate the
policies of the Act :
(a) Offer to Abraham Ehrlickman immediate and full rein-
statement to the position he held at the time of his discharge
without prejudice to his rights of seniority and other privileges;
(b) Make whole Abraham Ehrlickman for any losses of pay
he may have suffered as the result of his discharge by the pay-
ment to Abraham Ehrlickman of the sum of Four Hundred
Dollars ($400.00).
(c) Post immediately in conspicuous places on each floor of
the New York plant of the Company and maintain for a period
of at least ( 60) sixty consecutive days notices to its employees
stating : That the Company 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)-of this order.
(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 , it report. setting forth in detail the manner
436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and form in which the Respondent has complied with the terms
of this Order.
11. The entire agreement among the parties is contained within
the terms of this stipulation and there is no verbal agreement
which varies , alters, or adds to this stipulation.
On February 19, 1942, the Board issued its order approving the
above stipulation , making it part of the record in the case , and trans-
ferring the proceeding to the Board for the purpose of entry of a
Decision and Order by the Board pursuant to the provisions of the
stipulation.
Upon the above- stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Best Coat & Apron Mfg. Co., Inc., a New York corporation with
its principal office and place of business in New York City, is engaged
in the manufacture of cotton washable garments . The principal raw
materials used by the respondent are white duck sheeting goods,
twills and khakis, approximately all of which are shipped to the
respondent 's plant from points outside the State of New York. Ap-
proximately 60 percent of the finished products manufactured by the
respondent are shipped to points outside the State of New York.
The approximate cost of raw materials purchased by the respondent
annually is $500,000 , and the approximate value of products manu-
factured by the respondent annually is $800,000.
The respondent admits 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, stipulation , and the
entire record in the case and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
'hereby orders that Best Coat & Apron Mfg. Co., Inc., New York
City, 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 Amalgamated Clothing Workers of America, Local
No. 169, C. I. 0., or any other labor organization , to bargain col-
BEST COAT & APRON MFG. CO., INC. 437
lectively through representatives of their own choosing, and to en-
gage 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 Amalgamated Clothing
Workers of America, Local 169, C. I. 0., or any other labor organiza-
tion, by discrimination in regard to hire or tenure of employment or
conditions of employment.
2. Take the following affirmative action to effectuate the policies
of the Act :
(a) Offer to Abraham Ehrlickman immediate and full reinstate-
ment to the position he held at the time of his discharge without
prejudice to his rights of seniority and other privileges;
(b) Make whole Abraham Ehrlickman for any losses of pay he
may have suffered as the result of his discharge by the payment to
Abraham Ehrlickman of the sum of Four Hundred Dollars ($400.00) ;
(c) Post immediately in conspicuous places on each floor of the
New York plant of the Company, and maintain for a peri od of at
least sixty (60) consecutive days, notices to its employees stating:
That the Company 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 Para-
graph 2 (a), (b) and (c) of this order;
(d) File with the Regional Director for the Second Region, within
ten (10) days after service of this Order by the Board upon the Re-
spondent, a report setting forth in detail the manner and form in
which the respondent has complied with the terms of this Order.