Brodhaven Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

May 17, 1940

23 N.L.R.B. 937 (N.L.R.B. 1940)

In the Matter of BRODHAVEN MFG. Co., INc. and PLAYTHINGS &
NOVELTY WORKERS OF AMERICA, C. I. O.
Case No. C-1567.-Decided May 17, 1940
Wooden Novelties Manutactauring Industry-Settlement : stipulation providing
for compliance with the Act, including disestablishment and abrogation of con-
tract with company-dominated union-Order : entered on stipulation.
Mr. Millard L. Midonick, for the Board.
Mr. Samuel Brodsky, of New York City, for the Company.
Mr. Anthony J. Sabella, of New York City, for the Union.
Mr. J. H. Krug, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by Playthings & Novelty Workers
of America, 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 March 12, 1940, against
Brodhaven Mfg. Co., Inc., New York City, herein called the respond-
ent, alleging that the respondent had engaged in and was engaging
in unfair labor practices affecting commerce, within the meaning of
Section 8 (1) and (2) 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 a notice of hearing, were duly served
upon the respondent, upon the Union, and upon Brodhaven Em-
ployees Association, herein called the Association.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that the respondent initiated, formed, and sponsored
the Association, and dominated, contributed to the support of, and
interfered with the administration of the Association; and (2) that
IIt appears from the record that this is the correct name of the labor organization,
which is designated in the charge as "Playthings & Novelty Workers of America, C. I. O."
23 N. L . R. B., No. 98
937
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the foregoing acts, by urging, persuading, and warning its em-
ployees to refrain from aiding or joining the Union, by threatening
its employees with discharge and other reprisals if they should aid
or join the Union, by its espionage and surveillance of the activities
of its employees in connection with the Union, by its vilifying the
Union and union representatives to its employees, by threatening the
union representatives with violence if they should continue to engage
in organizational activities, and by other acts, the respondent inter-
fered with, restrained, and coerced its employees in the exercise of
the rights guaranteed in Section 7 of the Act.
The Association filed an answer, dated March 21, 1940, denying
that the respondent had formed, contributed to the support of, or
interfered with the administration of the Association. Thereafter
notices of postponement of hearing were duly served upon the re-
spondent, the Union, and the Association.
Thereafter, the respondent, the Union, and counsel for the -Board
entered into a stipulation, dated April 11, 1940, in settlement of the
case, subject to the approval of the Board. This stipulation provides
as follows :
STIPULATION
'It is hereby stipulated and agreed by and between Brodhaven
Mfg. Co. Inc., Plaything & Novelty Workers of America, C. I. 0.,
hereinafter called the Union, and Millard L. Midonick, Attorney
for the National Labor Relation's Board, Second Region :
I. Upon charges duly filed by the Union, the Natiohal Labor
Relations Board, hereinafter called the Board, by Elinore M.
Herrick, Regional Director for the Second Region, New York
City, acting pursuant to authority granted in Section 10 (b) of
the National Labor Relations Act, 49 Stat. 449, hereinafter called
the Act, and its Rules and Regulations-Series 2 as amended,
Article IV, Section 1, issued its complaint on the 12th day of
March 1940, against Brodhaven Mfg. Co. Inc., hereinafter called
the respondent.
II. A copy of the second amended charge, complaint, notice
of hearing thereon, and National Labor Relations Board Rules
and Regulations-Series 2 as amended, were duly served upon
the respondent, Brodhaven Employees Association, and the
Union.
III. The respondent is and has been since April 15, 1932, a
corporation duly organized under and existing by virtue of the
laws of the State of New York, having its principal office and
place of business at 596 Broadway in the City, County, and State
of New York, and is now and has been continuously engaged at
BRODHAVEN MFG. CO., INC. 939
its place of business at 596 Broadway, in the City, County, and
State of New York, hereinafter called the Broadway plant, in
the manufacture, sale and distribution of wooden novelties, dies,
notions, and related products.
IV. Respondent normally purchases annually materials used
in its manufacturing operations amounting in value to not less
than $75,000. Approximately 75 per cent in value of those
materials are normally shipped to the Broadway plant from
points outside the State of New York.
V. Respondent normally distributes and sells annually finished
products amounting in value to not less than $100,000. Approx-
imately 75 per cent in value of these finished products manu-
factured by respondent are normally shipped from the Broadway
plant to points outside the State of New York.
.VI. Respondent is and has been engaged in interstate com-
merce within the meaning of the Act.
VII. Plaything & Novelty Workers of America, affiliated with
the Congress of Industrial Organizations, is and has been a
labor organization within the meaning of Section 2, subsection
(5) of the Act.
VIII. Brodhaven Employees Association is and has been since
its formation on or about March 7, 1939, a labor organization
within the meaning of Section 2, subsection (5) of the Act.
IX. On April 11, 1939, respondent entered into a collective
labor agreement with Brodhaven Employees Association, which
agreement purports to be in effect for 1 year from said date.
X. Respondent and the Union- hereby waive in the above-
entitled matter the right to a hearing, to the taking of testi-
mony or other evidence before a trial examiner, and to the
making of findings of fact and conclusions of law' by the Board
pursuant to the provisions of the Act.
XI. This stipulation, together with the second amended
charge and the complaint herein, the affidavit of service of said
second amended charge and complaint dated March 13, 1940
with corresponding return receipt, and the answer of respondent
to said complaint, verified March 21, 1940, may be introduced
into the record in the above-entitled matter by filing the said
documents with the Chief Trial Examiner of the Board at
Washington, D. C.
XII. This entire stipulation is subject to the approval of
the National Labor Relations Board, and shall become effective
immediately upon the granting of such approval by the Board;
provided, however, that it shall in no event become effective
prior to April 11, 1940.
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
XIII. It is further stipulated that upon the entire record
in the above-entitled matter, including this stipulation if ap-
proved by the Board, the Board may forthwith or at any future
time enter the Order set forth below in paragraph XIV, and
that upon application by the, Board without further notice to
respondent, the United States Circuit Court of Appeals for the
Second Circuit or any other appropriate court, as provided in
Section 10, subdivision (e) of the Act, may enter a decree en-
forcing the said Order of the Board in substantially the same
form set forth below in paragraph XIV, and that the respondent
hereby expressly consents thereto and expressly waives its right
to contest the entry of such a decree.
XIV. The Order referred to above in paragraph XIII shall
provide as follows :
The respondent, Brodhaven Mfg. Co., Inc., its officers, agents,
successors, and assigns shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration' of
Brodhaven Employees Association, or with the formation or
administration of any other labor organization of its employees,
and from contributing support to Brodhaven Employees Asso-
ciation, or to any other labor organization of its employees ;
(b) Recognizing Brodhaven Employees Association as the
representative of any of its employees for the purpose of deal-
ing with the respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment, and other conditions
of employment;
(e) [c] Giving effect to the contract of April 11, 1939, with
Brodhaven Employees Association, or to any extension or re-
newal thereof, or to any successor or other contract with Brod-
haven Employees Association;
(d) In any other manner interfering with, restraining, or
coercing its employees in the exercise of the right to self-
organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of collec-
tive bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action :
(a) Withdraw all recognition from Brodhaven Employees
Association as representative of any of its employees for the
purpose of dealing with the respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
other conditions of employment, and completely disestablish
Brodhaven Employees Association;
1
BRODHAVEN MFG. CO., INC. 941
(b) Immediately post notices in conspicuous places through-
out the plant at 596 Broadway , New York, New York, and main-
tain such notices for a period of sixty ( 60) consecutive days
stating the respondent will cease and desist in the manner set
forth in 1 (a), (b), (c ) and (d ), and that the respondent will
take the affirmative action set forth in 2 ( a) of this Order; and
(c) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of this Order, what
steps the respondent has taken to comply herewith.
XV. The Regional Director for the Second Region has refused
to authorize a complaint to issue alleging that the discharges by
respondent of Elsie Meiselman and/or Lucy Fiore were in vio-
lation of the Act as alleged in the amended charge herein dated
June 14, 1939.
XVI. This stipulation is entered into only for the purposes
of settlement of the above -entitled matter and is not to be used
against respondent as an admission of fact except for the pur-
poses of the entry of the order and enforcement thereof by decree
as set forth above in paragraphs XIII, XIV and XV.
XVII . It is expressly under"stood that the terms of this stipu-
lation embody the entire agreement between the parties hereto,
and it is further understood that there is no verbal or other
agreement of any kind which in substance or effect in any way
varies, alters , or adds to the stipulation.
Thereafter , the respondent, the Union , and counsel for the Board
entered into a supplement to the above stipulation , dated April 29,
1940, which provides as follows :
SUPPLEMENT TO STIPULATION OF APRIL 11, 1940
It is hereby stipulated by and between the undersigned that
a letter dated March 30, 1940 , signed by Jacob E. Heller,
addressed to the National Labor Relations Board, copy of which
is hereunto annexed and marked Appendix "A", may be intro-
duced into the record in the above-entitled proceeding by filing
of said document with the Chief Trial Examiner of the Board,
at Washington, D. C.
APPENDIX "A"
MARCH 30, 1940.
In Re: Brodhaven , Case #II-C-2295
NATIONAL LABOR RELATIONS BOARD,
120 Wall Street, New York City.
GENTLEMEN : Please be advised that I this day was informed that
the Brodhaven Employees Assn., voluntarily disbanded and
accordingly is no longer in existence.
942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
By reason of the above action, I assume that the proceedings
before your board, to the extent that it affects such association,
will be at an end.
Very truly yours,
(s) J. E. HELLER
Jacob E. Heller.
JEH : LS.
On May 3, 1940, the Board issued an order approving the above
stipulation and supplement thereto, making them a part of the record
in the case and transferring the proceeding to the Board for the pur-
pose of entry of a decision and order pursuant to the provisions of
the stipulation and supplement.
Upon the above stipulation and the above supplement thereto, and
the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Brodhaven Mfg. Co., Inc., a New York corpora-
tion with its principal office and place of business in New York City,
is engaged in the manufacture, sale, and distribution of wooden novel-
ties, dies, notions, and related products. The respondent normally
purchases annually materials used in its manufacturing operations
amounting in value to not less than $75,000. Approximately 75 per
cent in value of such materials are normally shipped to the respond-
ent's New York City plant from points outside the State of New York.
The respondent normally distributes and sells annually finished prod-
ucts amounting in value to not less than $100,000. Approximately
75 per cent in value of such finished products are normally shipped
from the New York City plant to points outside the State of New
York.
The respondent admits that it is engaged in interstate commerce
within the meaning of the Act.
We find that the respondent is engaged in trade, traffic, and com-
merce among the several States, and that the activities of the respond-
ent alleged in the complaint, occurring in connection with the opera-
tions of the respondent described above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
A
BRODHAVEN MFG. CO., INC.
H. THE ORGANIZATIONS INVOLVED
943
Playthings & Novelty Workers of America, affiliated with the
Congress of Industrial Organizations , is a labor organization within
the meaning of Section 2 (5) of the Act.
Brodhaven Employees Association is a labor organization within
the meaning of Section 2 (5) of the Act.
ORDER
Upon the basis of the above findings of fact, the above stipulation
and supplement , 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 respondent , Brodhaven
-Alf" . Co., Inc., New York City , its officers , agents, successors, and
assigns shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of Brod-
haven Employees Association , or with the formation or administra-
tion of any other labor organization of its employees , and from
contributing support to Brodhaven Employees Association , or to any
other labor organization of its employees;
(b) Recognizing Brodhaven Employees Association as the repre-
sentative of any of its employees for the purpose of dealing with
the respondent concerning grievances , labor disputes , wages, rates of
pay, hours of employment , and other conditions of employment;
(c) Giving effect to the contract of April 11, 1939, with Brodhaven
Employees Association , or to any extension or renewal thereof,
or to any successor or other contract with Brodhaven Employees
Association ;
(d) In any other manner interfering with, restraining , or coercing
its employees in the exercise of the right 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 in Section 7 of the National
Labor Relations Act.
2. Take the following affirmative action :
(a) Withdraw all recognition from Brodhaven Employees Asso-
ciation as representative of any of its employees for the purpose of
dealing with the respondent concerning grievances , labor disputes,
wages, rates of pay, hours of employment, or other conditions of
employment , and completely disestablish Brodhaven Employees
Association ;
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Immediately post notices in conspicuous places throughout the
plant at 596 Broadway, New York, New York, and maintain such
notices for a period of sixty (60) consecutive days stating that the
respondent will cease and desist in the manner set forth in 1 (a),
(b), (c), and (d), and that the respondent will take the affirmative
action set forth in 2 (a) of this Order;
(c) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this Order, what steps the
respondent has taken to comply herewith.