Bonwit Teller, Inc.

National Labor Relations Board - Board DecisionsApr 28, 1953

104 N.L.R.B. 497 (N.L.R.B. 1953)

BONWIT TELLER, INC. 497 BONWIT TELLER, INC. and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, Petitioner and RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL BONWIT TELLER, INC. and RETAIL CLERKS' INTERNA- TIONAL ASSOCIATION, AFL. Cases Nos. 2-RC-1026 and 2-CA-1052. April 28, 1953 ORDER ON REMAND On October 2, 1951, the National Labor Relations Board, herein called the Board, issued a Decision and Order in this case, ' in which it found that Bonwit Teller, Inc., herein called the Respondent, had engaged in and was engaging in certain unfair labor practices affecting commerce, and ordered the Respondent to cease and desist therefrom and take certain affirmative remedial action. Thereafter the case was considered by the United States Court of Appeals for the Second Circuit, uponthe Respondent's petition for review of the Board's Decision and Order, and the Board's petition for enforcement. On June 17, 1952, the court handed down its opinion holding that certain other conduct was not violative of the Act, but sustaining the Board's finding that the Respondent had violated Section 8 (a) (1) of the Act by addressing its employees during an organizational campaign. 2 The court, however, denied enforcement of the Board's order in this respect on the limited ground that "the Board's order in its present form has been too broadly drawn. It requires Bonwit Teller to cease and desist from: . . . making anti- union speeches to the Respondent's employees during working hours and on the Respondent's premises, without according, upon reasonable request, a similar opportunity to address the employees to the labor organization against which such speeches are directed.' As we have indicated above, the violation here was the discriminatory application of the no- solicitation rule. If Bonwit Teller were to abandon that rule, we do not think it would then be required to accord the Union a similar opportunity to address the employees each time Rudolph made an antiunion speech." The court thereupon remanded the case to the Board, with directions to proceed in accordance with the court's opinion. On December 27, 1952, the Respondent filed in the United States Supreme Court a petition for certiorari to review the decision of the court of appeals. On March 9, 1953, the Supreme Court denied this petition.3 Accordingly, pursuant to the remand of the court, the Board modifies its order to read as follows: 196 NLRB 608. 2197 F. 2d 640 (C.A. 2). 3345 U . S. 905. 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the entiie record in the case, and pursuant to Sec- tion 10 (c)oifhe National Labor Relations Act, as amended, the National Labor Relations Board hereby orders thatthe Respondent, Bonwit Teller, Inc., its officers, agents, suc- cessors, and assigns , shall: 1. Cease and desist from: Interfering with, restraining, and coercing its employees in the exercise of their right to self-organization, to form labor organizations, to join or assist Retail Clerks Iritei= national Association, AF1:, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the pur- pose of collective bargaining or other mutual aid or pro- tection by the following conduct: Discriminatorily applying its no-colicitation rule by making antiunion speeches to the Respondent's employees during working hours on the Respondent's premises, while refusing to accord , upon reasonable request , a similar op- portunity to address the employees to the labor organization against which such speeches are directed. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act: (a) Post at its White Plains and New York stores, copies of the notice attached hereto and marked "Ap- pendix A. 16" Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly signed by the Respondent, be posted by it immediately upon receipt thereof and maintained by it for sixty (60) consecutive days thereafter in con- spicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insdre that said notices are not altered, defaced, or covered by any other material. (b) Notify the Regional Director" for the Second Region, in writing, within ten (10) days from the date of this Order;._ v hat steps the Respondeni has taken to comply therewith. IT IS FURTHER ORDERED that the t:omplaint herein be dismissed in all other respects. IT IS FURTHER ORDERED that the September" 15; 1949, election be, and it hereby is, set aside. 15 If this Order is enforced by a decree of a United States Court of Appeals, there shall be inserted before the words, "â€¢A Decision and Order," the words, "A Decree of the United States Court of Appeals Enforcing." ROHR AIRCRAFT CORPORATION APPENDIX A NOTICE TO ALL EMPLOYEES 499 Pursuant to a Decision and Order of the National Labor Relations Board and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that: WE WILL NOT interfere with, restrain , or coerce our employees in the exercise of the right to self-organiza- tion, to form labor organizations , to join or assist Retail Clerks International Association , AFL, 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 bar- gaining or other mutual aid or protection. WE WILL NOT discriminatorily apply our no-solicita- tion rule by making antiunion speeches to our employees during working hours on our premises, while refusing to accord, upon reasonable request, a similar opportunity to address our employees to the labor organization against which such speeches are directed. BONWIT TELLER, INC., Employer. Dated ............... By ................................................... (Representative ) (Title) This notice must remain posted for 60 days after its date and must not be altered, defaced, or covered by any other material. ROHR AIRCRAFT CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA, C.I.O., Petitioner, Case No. 21-RC-2916. April 28, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Daniel J. Harrington, hearing officer.' The hearing officer's rulings t At the hearing and in its brief, international Association of Machinists, hereinafter called the intervenor , moved to dismiss the petition on the ground that charges filed by the Petitioner in Cases Nos . 21-CA- 1497 and 21-CB-436 against the Employer and the Intervenor , respec- tively, were pending. The hearing officer referred the motion to the Board for ruling. Be- cause the Petitioner filed waiver of the charges, we deny the motion. Newport News Children's Dress Company, 89 NLRB 442 . The Timken-Detroit Axle Company (Ohio Axle & Gear Division), 102 NLRB 509 . and The Great Atlantic & Pacific Tea Company , 101 NLRB 1118, relied on by the Intervenor in support of its motion, are not In point.