Cordiano Can Co., Inc.

National Labor Relations Board - Board DecisionsOct 7, 1942

44 N.L.R.B. 889 (N.L.R.B. 1942)

In the Matter Of CORDIANO CAN CO.,, INO. and UNITED WIRE & METAL' WORKERS UNION, LOCAL 36 or THE UNITED PAPER NOVELTY & Toy WORKERS INTERNATIONAL UNION, C.J. O. In the Matter of CORDIANO CAN Co., INC. and UNITED WIRE AND METAL WORKERS UNION, LOCAL 36, UNITED PAPER NOVEIiiy & Toy WORKERS INTERNATIONAL UNION, C. I. O. and FEDERAL LABOR UNION, LOCAL 20734, ,AFFILIATED WITH AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT â€¢ , Cases Nos. R-3Â¢13 and C-2310, respectively SECOND SUPPLEMENTAL DECISION ORDER AND â€¢ THIRD DIRECTION OF ELECTION October 7, 1942 On March 11 , 1942 , the National Labor Relations Board, herein called the Board, issued a Supplemental Decision and Second Direc- tioli of Election in this proceeding ;l directing that a run-off election by secret ballot be conducted among certain employees of Cordiano Can,Co., ' Inc., Brooklyn , New York, herein called the Company, to determine whether they desired to be represented by United Wire' & Metal Workers Union, Local ' 36 of the United Paper Novelty &. Toy Workers International Union, affiliated with the Congress of Indus- trial Organizations , herein ' called the C. I. 0., or by Federal Labor Union, Local 20734, affiliated with the American Federation of Labor, herein called the A. F. of L .', for the purposes of collective bargaining. Pursuant to the Second Direction of Election , an election by secret ballot was conducted on March 20, 1942, under the'direction and super- vision , of the Regional Director for the Second . Region ( New York City ). On March 23 , 1942, the Regional Director , acting pursuant to Article III, Section 9, of National Labor , Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Run-Off Election Report. The C. I. O. filed objections 139 N. L. R. B. 707. 44 N. L. R. B., No: 174. 889_ 890 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD to said report on the ground that there was interference with the elec- tion by the Company and the A. F. of L., and the A. F. of L. and the Company filed exceptions to such objections. Oii March 31, 1942, the C. I. O. filed charges with the Regional Director, alleging that the -'Company-had interfered with, restrained, and coerced its employees, in, violation, of Section 8 '(1) of the, Act, by, among other, -things; encouraging them to vote for the A. F. of L. and against the C. I. O. in,the run-off election. On April 18, 1942, the Regional Director issued a Report on Objections. On June 19, 1942, the Board, after considering the Ri ui-Off Election Report, the objections thereto, the exceptions to such objections, and the Report onjObjections, found that the objections raised substantial and material issues with respect to the conduct of the ballot and di- rected that a hearing be held on the objections, and further ordered that the representation proceeding (Case No.â€¢R-3413) be consolidated with the proceeding relating to the alleged" unfair labor practices (Case No. C-2310). Upon amended charges duly filed by the C. I. 0., the Board, by the Regional Director, issued its complaint dated July 20, 1942, against the Company, alleging that the Company had engaged in and was engaging in unfair labor practices, affecting commerce within. the meaning of Section 8 (1) and Section 2' (6) and (7) of the Act. Pursuant to notice, a hearing upon the complaint and the objections to the Election Report was held on August 10, 12, and 13, 1942, before Howard Myers, the Trial Examiner duly designated by the Chief Trial Examiner. On August 27, 1942, the Trial Examiner issued his Inter- nu diate Report, copies of which were duly served upon the parties. He found that the Company had engaged in and was engaging in un- fair labor practices, within the meaning of Section 8 (1) and Section 2 (6) and (7) of the Act, and recommended that the Company cease acid desist therefrom *and take certain affirmative action to effectuate the policies' ot,`the Act. On September 16, 1942, the A. F: of L. filed exceptions to the Intermediate Report. On' September 18, 1942, the Company, the C. I. 0., the A. F. of L., and counsel for the Board' entered into a stipulation, subject to the approval of the Board, which provides as follows : It is hereby stipulated and agreed by and between the parties hereto as follows: 1. `The snaking of findings of fact and conclusions of law by the Board are hereby expressly waived by the parties hereto. 2. The run-off election held on March 20, 1942 shall be vacated and set aside by the Board and the Board shall, without further â€¢ notice or proceeding, make the proper order or direction for the purpose of setting aside or vacating said election, and the Board r CORDIANO CA V CO., INC. . 891 may order and direct that another run-off election may be con- ducted or`may issue such order or, direction as it may deem proper. In the event the Board directs another run-off election, the Re- gional Director for the Second, Region' shall conduct',said run-off election on September 30, 1942, or as soon thereafter as may,be administratively expedient. Those, eligible â€¢to ,-vote>in said run-off election, if ordered by the Board, shall be those employees in the unit found to be appropriate by the Board in its Decision and Direction of Election of February 3, 1942, on the Respondent's payroll of September 4. 1942. The form of the ballot to be used, in such run-off election, if ordered by the Board,.shall be the usual ballot used in a run-off election to determine whether the em- ployees desire to be represented for the purposes of collective bar- :gaining by Local 36, CIO or by Federal Labor Union Local 20734, AFL. 3. Respondent will, immediately upon the execution of this stipulation, fully comply with the recommendations of the Trial Examiner contained in his intermediate, report of August 27, 1942, and post in conspicuous places throughout its plant the notice hereto attached marked Exhibit A and made a part hereof. 4. Federal Labor Union. Local 20734, AFL will and does hereby recognize and accept compliance with said intermediate report on the part of the Respondent, and does hereby acknowl- edge that no effect shall be-given to ifs contract dated August 25, 1941 with Respondent or to, any extention, renewal, revision, modification, or supplement thereto, or to any superseding con- tract which may n(Av be in force, and that same is and shall be null and void. 5. On October 1, 1942, respondent will offer reinstatement by registered mail, and, if such reinstatement is accepted within 72 (seventy-two) hours after receipt,of said offer, immediately there- after give reinstatement to the. employees listed below,, to their, and each of their former positions or, substantially equivalent positions, without loss' of seniority and without prejudice, to any rights previously enjoyed by them and each of them: Rita -CODti, Barbara Melton, Susie De Sabato, Angelina Papparella, Nicoletta Papparella, Violet Pullano, Rose Puppino, Rose Caifa, Salvatore Cintriroro, Nicholas Rizzi, Camela Piccininni, Carmine 'Pierro, ,Salvatore Pierro and John Flores. In the event that the election ' as herein provided shall take place on a clay other than September 30,1942, the company will offer reinstatement to said employees in the manner-aforesaid, on the'day after said election,, and if such reinstatement is accepted, reinstatement shall then be given to'said employees and each of them,-as aforesaid. 892 DECISIONS OF. NATIONAL LABOR ^ RELATIONS BOARD 6. Local 36, CIO and Federal Labor Union Local 20734, AFL will not file any charge or charges against the respondent for'or based upon anything or matter that may have arisen or occurred prior to the date of this stipulation, except, however, any claim or .,charge Federal Labor Union Local 20734, AFL may have or allege - with respect to the discharge of Isidore Calavro. In the event, however, respondent shall not fully comply with the terms and conditions of this stipulation, Local 36 CIO and Federal Labor Union Local 20734, AFL will not be bound by the provi- sions of this paragraph. 7.V Respondent will notify the Regional Director for the Second Region, National Labor Relations Board, within five (5) days after notice of the approval of this stipulation by the Board what steps have been taken to comply, with the provisions of this stipulation. 8. This stipulation contains the entire agreement of the parties' and there is no verbal agreement of ally kind which varies, alters, modifies or adds to this stipulation. 9. This stipulation is subject to the approval of the National Labor Relations Board' and, shall,'become' effective immediately upon,such approval. ' ' EXHIBIT A NOTICE TO EMPLOYEES Cordiano Can ' Co., Inc., its officers, agents,' successors and assigns, 1. Will not in any manner interfere cvith, restrain, or coerce its employees in the exercise of their right to, self-organization, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their 'own choosing, and to engage in concerted activites for the purposes of collective bar- gaining or other mutual aid or protection as guaranteed in Section 7 of, the National Labor Relations Act. 2. Will not give effect to its contract dated August 25, 1941 with Federal Labor Union, Local 20734, affiliated with the Ameri- can Federation of Labor, or, to any extention, renewal, revision, modification or supplement' thereto, or to any other superseding contract which may now be in force. On September 25, 1942, the Board issued an order approving the above stipulation and making it a part of the record in the proceedings herein. In accordance with such stipulation, we shall vacate the run- off election conducted on March 20, 1942, and shall order a new run-off election. CORDIANO CAN 00., INC. 893 ORDER It is hereby ordered that the run-off election held in this proceeding on March 20, 1942, be, and it hereby is, vacated and set aside. DIRECTION OF ELECTION i By virtue- of and pursuant, to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations- Board Rules and Regulations-Series 2, as amended, it is' hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cordiano Can Co., Inc., Brooklyn, New York, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9; -of said Rules and Regulations, among the employees in the unit found appropriate in the Decision and Direction of Election issued on February 3, 1942,2 who were employed during the pay-roll period ending September 4, 1942, including employees who did not work during said pay-roll period because they were ill or on, vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Wire & Metal Workers Union, Local 36 of the United Paper Novelty & Toy Workers International Union, affiliated with the Congress of Industrial Organizations, or by Federal Labor Union, Local 20734, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Supplemental Decision Order and Third Direction, of Election. - - 2 38 N. L R. B 905.