Durand Manufacturing Co.

National Labor Relations Board - Board DecisionsAug 9, 1941

34 N.L.R.B. 58 (N.L.R.B. 1941)

In the Matter of DURAND MANUFACTURING COMPANY and LOCAL No. 148, UNITED PAPER, NOVELTY & Toy WORKERS INTERNATIONAL UNION, C. I. O. Case No. C-1933.-Decided August 9, 1941 Jurisdiction: embossed leatherette, paper, and cardboard items manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Stephen M. Reynolds, for the Board. Mr. Thomas L. Owens, of Chicago, Ill., for the respondent. Mr. Burt J. Mason, for the Union. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Local No. 148, United Paper, Novelty & Toy Workers International Union, C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois) issued its complaint dated June 16, 1941, against Durand Manufacturing Company, Chicago, Illinois, 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), (2), 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 notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance (1) that the respondent on May 13, 1940, and thereafter, instigated, assisted, and participated in an attempt to form an inside labor organization by soliciting and urging employees to sign a pe- tition designed to create said organization and by urging and recom- mending an inside labor organization over an outside labor organiza- tion in speeches and conversations to the employees; (2) that the 34 N. L. R. B., No. 7. 58 DURAND MANUFACTURING COMPANY 59 respondent on or about May 13, 1940, locked out or discharged all employees on its pay roll of May 14, 1940, for a period of 1 week in order to discourage membership in the Union; (3) that the respond- ent laid off or discharged and has since failed to employ 14 named employees on specified date because they joined and assisted the Union; (4) that the respondent on July 29, 1940, and at all times since has refused to employ William Pasternack, a seasonal employee, for the reason that employment of Pasternack would tend to assist the above-mentioned 14 employees' to establish that they were laid off or discharged and subsequently refused employment because they joined and assisted the Union; (5) that the respondent on December 20, 1940, discharged Bernard Blevitsky and has since refused to em- ploy him because it believes that he had aided and abetted the forma- tion and organization of the Union and had engaged in concerted activity with other employees for the purpose of collective bargain- ing and other mutual aid and protection; (6) that the respondent from and after May 9, 1940, questioned its employees about their union affiliation, warned them against such affiliation, spied upon their union activities, made derogatory and disparaging statements about the Union and its leaders, made threats that its plant would close down and move away if union activity continued, and on or about May 21, 1940, posted in its plant a rule prohibiting union solicitation on company time and property while not prohibiting other forms of solicitation. On July 2, 1941, the respondent, pursuant to an extension of time given by the Regional Director, duly filed its answer in which it admitted some of the specific averments in the complaint but de- nied others including the allegations that it had engaged in unfair labor practices. Pursuant to notice, a hearing was held at Chicago, Illinois, on July 7, 1941, before Mortimer Riemer, the Trial Examiner duly designated by the Acting Chief Trial Examiner. The Board and the respondent were represented by counsel and participated in the hearing. After the introduction of formal papers, the parties requested and were granted by the Trial Examiner, a continuance to July 8, 1941, for the purpose of discussing a settlement of the case without further hearing. On July 8 and 9, 1941, the hearing proceeded. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. On July 9, 1941, the hearing was adjourned until July 14, 1941, on motion of counsel for respondent: On July 14, 1941, the hearing was closed subject to the approval by the Board of a stipulation. On July 15, 1941, counsel for, the Board, counsel for the respondent, and a 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD representative for the Union entered into a stipulation in settlement of the case. The stipulation provided as follows : It is hereby stipulated and agreed by and between Durand Man- ufacturing Company, hereinafter called Respondent; Local No. 148, United Paper, Novelty & Toy Workers International Union, affiliated with the Congress of Industrial Organizations, herein- after called the Union; and Stephen M. Reynolds, Attorney, National Labor Relations Board, that: 1. Upon charges and amended charges filed by Burt J. Mason, President of the Local Union, on behalf of the union, the National Labor Relations Board, hereinafter called the Board, by the Re- gional Director for the Thirteenth Region, issued its Complaint, dated June 16, 1941, against respondent, alleging that respondent had engaged in and is engaging in unfair labor practices affecting commerce within the meaning of Sections 8 (1), (2) and (3), and Sections 2, (6) and (7) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act. The Complaint and Second Amended Charge, accompanied by the Notice of Hearing and Rules and Regulations of the Board, were duly served upon the respondent and the union. Pursuant to due notice a hearing was opened before Mortimer Riemer, the Trial Examiner duly designated by the Board, at Chicago, Illi- nois, on July 7, 1941. After admission of the formal documents in evidence, but before presentation of any testimony bearing upon the issues, the parties requested and were granted by the Trial Examiner a continuance to July 8,1941, for the purpose of discuss- ing a settlement of the case without further hearing. On July 8 and 9,1941, the hearing proceeded. Full opportunity to be heard, to examine and cross-examine witnesses and to intro- duce evidence bearing on the issues was afforded all parties. On July 9, 1941 the hearing was adjourned until July 14, 1941 on motion of counsel for respondent. On July 14, 1941 the hearing was closed subject to approval by the Board of this Stipulation and Agreement. 2. Respondent is now and has been since February 15, 1929, a corporation organized under and existing by virtue of the laws of the State of Illinois, having its principal office and place of busi- ness in the City of Chicago, County of Cook, and State of Illinois, and is now and has continuously been engaged at its plant in Chicago, Illinois, hereinafter called the plant, in the manufacture, sale and distribution of embossed leatherette, paper and cardboard items. The raw materials used by respondent in its manufacturing operations consist principally of paper, leatherette, chipboard, cotton padding and glue. Approximately $150,000.00 worth of raw DURAND MANUFACTURING COMPANY 61 materials were purchased during the calendar year 1940, of which approximately ten per cent (10%) were purchased outside the State of Illinois and shipped to the plant. During the calendar year 1940, respondent had total sales of its finished products of approximately $410,000.00, of which $395,000.00 represented sales and shipments from the plant to points outside the State of Illi- nois. Respondent agrees that it is engaged in interstate commerce at the plant within the meaning of the Act. 3. The union and the unnamed organization or association men- tioned in Paragraph 5 of the Complaint are labor organizations within the meaning of Section 2, Subdivision (5) of the Act. 4. The parties hereto expressly waive the right to further hear- ing herein, and to the making of findings of fact and conclusions of law in this proceeding by the Board. The Complaint as amended, Notice of Hearing, Second Amended Charge, Proof of Service of the Complaint, Answer of Respondent, as amended, Order designating Trial Examiner and this Stipulation and Agreement, shall constitute the record in the case. On the basis of the record, as described above, including this Stipulation and Agreement, if approved by the Board, an Order may forthwith be entered by the Board providing as follows : Respondent, its officers, agents, successors, and assigns, shall: (1) Cease and desist from: (a) In any manner dominating or interfering with the forma- tion or administration of any labor organization of its employees; (b) Discouraging membership in Local No. 148, United Paper, Novelty & Toy Workers International Union, or any other labor organization of its employees, by discriminating with regard to their hire or tenure of employment or any tenure or conditions of employment; (c) In any other manner interfering with, restraining or co- ercing its employees in the exercise of the right of self-organiza- tion, to form, join or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for purposes of collective bargain- ing or other mutual aid or protection as guaranteed under Section 7 of the National Labor Relations Act. (2) Take the following affirmative action to effectuate the policies of the Act : (a) Offer to Max Deitch, William Fuhr, Joseph Morawski 'and William Pasternack, immediate and full reinstatement to their former or substantially equivalent positions without' prejudice to their seniority and other rights and privileges. 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Make whole employees named in Paragraph 2 (a) and the additional employees named in this paragraph, for any loss of pay they may have suffered by reason of their discharge, lay- off or respondent's refusal to hire, by payment to each of them of the sum set opposite his name as follows : Name of employee Amount Marvin Berg ------------------- - ----------------------------- $231.44_ Bernard Blevitsky---------------- .-------- ------------------- 231.44 Joe D'Anofrio ----------------------------------------------- 231.44 Max' Deitch ------------------------------------------------- 231.44 Edward Dembkowski ------------------------------------------ 231.44 Matthew Falk-------------- -------------------------------- 231.44 William Fuhr----------------------------------------------- 231.44 Sam Gaffin-------------------------------------------------- 231.44 Harry Gillerman --------------------------------------------- 231.44 Mario Manzardo ---------------------------------------------- 231.44 Joseph Morawski- ------- ------------------------------------ 231.44 Joe Nozik--------------------------------------------------- 231.44 Sol Nozik-------------------------------------------------- 231.44 William Pasternack------------------------------------------ 231:44 Ben Tycher ------------------------------------------------- 231.44 (c) Make whole the following employees and each of them for any loss of pay he or she may have suffered by reason of the cessation of operations at the plant during the week of May 13, 1940, to May 20, 1940, by the payment to each of them of the sum set, opposite his or her name : Amount Gertrude Bailey---------------------------------------------- $16.00 Veronica Blachut ------------------- 15.00 Peter Bombicino ----------------------------------------------- 15.00 Vincent Borkovec ---------------------------------------------- 17.00 Jean Campana----------------------------------------------- 17.00 Michael Centanno--------------------------------------------- 15.00 Earl Garska ------------------------------------------------- 17.00 Mae Herman------------------------------------------------- 16.00 Ben. Jacobs--------------------- --------------------- 17 00 Louis Jacobs -------------------------------------------------- 16.00 Helen Knapik------------------------------------------------ 22 00 Ed. Kresl---------------------------------------------------- 26 40 Joe. Kresl---------------------------------------------------- 21 00 Walter Kula------------------------------------------------- 10.07 Edwin Matre------------------------------------------------- 16.00 Charles Newman---------------------------------------------- 16.00 Tanya Sharavar---------------------------------------------- 16.00 Jos. Sniezewski -------- _-------------------------------------- 16 00 Lester Dahms------------------------------------------------ 13 00 Helen Marzek------------------------------------------------ 16.00 Mary Ann Sacha--------------------------------------------- 14.00 Martin Sagodic----------------------------------------------- 20.00 Eugene Bohenke---------------------------------------------- 13.00 Robert Domers------------------------------------------------ 13.00 DURAND MANUFACTURING COMPANY 63 Amount Joe. Kocol---------------------------------------------------- $14.00 Frank Kuntz------------------------------------------------- 13.00 Edward Pawinski--------------------------------------------- 13.00 John Sharavar----------------------------------------------- 13.00 Jerome Voight------------------------------------------------ 13.00 Frank Alexson ----------------------------------------------- 20.00 Nathan Avrutin ---------------------------------------------- 30.00 Marvin Berg------------------------------------------------- 20.00 Joe. Bombicino---------------------- ------------------------- 24.00 Betty Bryant------------------------------------------------- 18. 00 Eleanor Caban---------=-------------------------------------- 13.20 Irving Boehm------------------------------------------------ 19.00 Joseph Czarnik----------------------------------------------- 21.00 Max Deitch-------------------------------------------------- 28.00 Betty DeKovic ----------------------------------------------- 23.00 James McCarthy --------------------------------------------- 13 33 Alex Pearlman----------------------------------------------- 25.20 Norman Carroll------------------------------------- __ 9.09 Montell Collins------------------------------------- ------- --- 9.60 Joe. Esposito------------------------------------------------- 24.00 Anna Ewalt-------------------------------------------------- 21.00 Matthew Falk------------------------------------------------- 22.00 William Fuhr------------------------------------------------- 21.00 Sam Gaffin--------------------------------------------------- 19.00 Alex Gogola-------------------------------------------------- 17.00 Harry Gillerman --------------------------------------------- 28.00 Esther Glasser-------------- ---------------------------------- 16.00 Chester Gryb-------------------------------------------------- 16.00 Florence Henderson------------------------------------------- 18.00 Joe. Iosso------------ ---------------------------------------- 16.00 Chester Kusek------------------------------------------------ 17.00 Charles McKenzie--------------------------------------------- 21.00 Mario Manzardo---------------------------------------------- 16.00 Edward Mathias---------------------------------------------- 21.00 Cora Merkle-------------------------------------------------- 18.00 Irene Moran-------------------------------------------------- 19.00 Joseph Morawski_____________________________________________ 26.00 Sol. Nozick--------------------------------------------------- 24.00 Henry Sbarboro---------------------------------------------- 17.00 Edward Dembkowski ----------------------------------------- 22.00 Florence Swanson____________________________________________ 18.00 Ben Tycher-------------------------------------------------- Joe. Donofrio------------------------------------------------- 17.00 Louis Mathias------------------------------------------------ 18 00 Joe. Nozick-------------------------------------------------- 30.00 Frank Vale--------------------------------------------------- 21.00 Lucille Alberts ----------------------------------------------- 12.00 Cora Byrne -------------------------------------------------- 14.00 Grace Centanno---------------------------------------------- 15.00 Mae Centanno------------------------------------------------ 10.80 Lucille Hahn------------------------------------------------- 14.00 Rose Martin ---------------------------------------------------15.00 Marie Rowder--------- -------------------------------------- 14.00 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Amount Lillian Weeden----------------------------------------------- $17.00 Mae Schuknecht---------------------------------------------- 14.00 Mae Shepard------------------------------------------------- 14.00 Helen Ginski------------------------------------------------- 22.00 A. C. Marian-------------------------------------------- --- 16.80 Paul Marian ------------------------------------------------- 16.80 Irene Walczak------------------------------------------------- 18.00 Charles McCarthy -------------------------------------------- 9.60 Ray. McCarthy----------------------------------------------- 10.80 Chester Stranski --------------------------------------------- •14.70 (d) Post immediately in conspicuous places at its Chicago Plant and maintain for a period of at least sixty (60) con- secutive days from the date of posting, a notice to its employees stating : (1) That respondent will not engage in the conduct from which it is ordered to cease and desist in Paragraph 1 (a), (b), and (c) of this Order. (2) That respondent will take the afore-mentioned action set forth in Paragraph 2 (a), (b) and (c) of this Order. (3) That respondent's employees, are free to become or remain members of Local No. 148, United Paper, Novelty & Toy Workers International Union, affiliated with the Con- gress of Industrial Organizations, and that respondent will not discriminate against any employees because of member- ship or activity in said organization; (e) File with the Regional Director for the Thirteenth Re- gion within ten (10) days from the entry of this Order, a report, in writing, setting forth in detail the manner and form in which it has complied with the provisions of this Order. IT IS FURTHER ORDERED, that the Complaint as amended be, and it hereby is, dismissed in so far as it alleges that re- spondent has discriminated against Irene Moran, by discharge or layoff on or about November 26, 1940. 5. This Stipulation and Agreement is made expressly subject to the aproval of the National Labor Relations Board. 6. The union agrees that this Stipulation and Agreement, if approved by the Board, disposes of all matters between respond- ent and the union, which arose prior to the date of this Stipula- tion and Agreement, and agrees that it will file no charges aris- ing out of any circumstances or events which occurred prior to the date of this Stipulation. The union further expressly waives all claims,or rights to reinstatement of any employees named in the Complaint or in this Stipulation and Agreement except the four named in Paragraph 2 (a) of the consent order. DURAND MANUFACTURING COMPANY 1 65 7. After the entry of the Order by the Board, as provided in this Stipulation and Agreement, the Circuit Court of Appeals of the United States for the Seventh Circuit may, upon appli- cation by the Board and without notice to respondent, enter a decree -enforcing in full the said Order of the Board, and each of the parties hereto" hereby waives any and all requirements of notice of the filing of such application by the Board. 8. The entire agreement by and between the parties hereto is contained within the terms of this Stipulation and Agreement and Consent Order, and there is no verbal agreement of any kind which varies, alters or adds to this Stipulation and Agreement. On July 24,1941, the Board issued its Order approving the stipula- tion and making it a part of the record in the case and transferring the proceedings 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 1. THE BUSINESS OF THE RESPONDENT Durand Manufacturing Company is an Illinois corporation having its principal office and place of business in Chicago, Illinois. It is engaged in the manufacture, sale, and distribution of embossed leather- ette, paper, and cardboard items. The principal raw materials used by the respondent in its manufacturing operations consist principally of paper, leatherette, chipboard, cotton padding, and glue. During the calendar year 1940, the respondent purchased approximately $150,000 worth of raw materials, of which approximately 10 per cent were purchased outside the State of Illinois and shipped to the plant. During the same period the total sales of the respondent were approx inately $410,000, of which $395,000 represented sales and shipments from the plant to points outside the State of Illinois. The respondent agrees that it is engaged in interstate 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 National Labor Relations Act, the National Labor Relations Board hereby 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD orders that Durand Manufacturing Company, Chicago, Illinois, its officers, agents , successors , and assigns , shall : 1. Cease and desist from : (a) In any maner dominating or interfering with the formation or administration of any labor organization of its employees ; (b) Discouraging membership in Local No. 148, United Paper, Novelty & Toy Workers International Union, or any other labor or- ganization of its employees, by discriminating with regard to their hire or tenure of employment or any terms or conditions of employment; (c) In any other manner interfering with, restraining or coercing its employees in the exercise of the right of self-organization, to form, join or assist labor organizations, to bargain collectively through repre- sentatives of their own choosing, and to engage in concerted activities for purposes of collective bargaining or other mutual aid or protec- tion as guaranteed under Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Offer to Max Deitch, William Fuhr, Joseph Morawski and William Pasternack, immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority and other rights and privileges; (b) Make whole employees named in Paragraph 2 (a) and the addi- tional employees named in this paragraph, for any loss of pay they may have suffered by reason of their discharge, lay-off or respondent's re- fusal to hire, by payment to each of them of the sum set opposite his name as follows : Name of Employee : Amount Name of Employee-Con.: Amount Marvin Berg_____________ $231.44 Harry Gillerman -------- $231.44 Bernard Blevitsky __ _____ 231.44 Mario Manzardo--------- 231.44 Joe D'Anofrio____________ 231. 44 Joseph Morawski-------- 231.44 Max Deitch -------------- 231.44 Joe Nozik--------------- 231.44 Edward Dembkowsko_ '___ 231.44 Sol Nozik---------------- 231.44 Matthew Falk___________ 231.44 William Pasternack -_____ 231.44 William Fuhr____________ 231.44 Ben Tycher -------------- 231 44 Sam Gaffin_______________ 231.44 (c) Make whole the following employees and each of them for any loss of pay he or she may have suffered by reason of the cessation of operations at the plant during the week of May 13, 1940, to May 20, 1940, by the payment to each of them of the sum set opposite his or her name : Name of Employee : Amount Gertrude Bailey_______________ $16. 00 Name of Employee- Con.: Amount Jean Campana________________ $17.00 Veronica Blachut -------------- 15.00 Michael Centanno_____________ 15.00 Peter Bonibicino-------------- 15.00 Earl Garska__________________ 17.00 Vincent Borkovec------------- 17.00 Mae Herman__________________ 16 00 DURAND MANUFACTURING COMPANY 67 Name of Employee-Con.: Amount Name of Employee-Con. • Amount Ben Jacobs ------------------ $17.00 Alex Gogola------------------ $17.00 Louis Jacobs ----------------- 16.00 Harry Gillerman-------------- 28.00 Helen Knapik---------------- 22. 00 Esther Glasser---------------- 16.00 Ed. Kresl -------------------- 26 40 Chester Gryb ----------------- 16 00 Joe. Kresl-------------------- 21.00 Florence Henderson ----------- 18 00 Walter Kula------------------ 10 07 Joe losso --------------------- 16 00 Edwin Matre ----------------- 16.00 Chester Kusek---------------- 17.00 Charles Newman-------------- 16.00 Charles McKenzie------------- 21 00 Tanya Sharavar--------------- 16.00 Mario Manzardo -------------- 16 00 Joe. Sniezewski --------------- 16.00 Edward Mathias------ -------- 21. 00 Lester Dahms ----------------- 13.00 Cora Merkle------------------ 18.00 Helen Marzek----------------- 16. 00 Irene Moran------------------ 19 00 Mary Ann Sacha-------------- 14.00 Joseph Morawski------------- 26.00 Martin Sagodic________________ 20.00 Sol. Nozick------------------- 24. 00 Eugene Bohenke-------------- 13.00 Henry Sbarboro--------------- 17.00 Robert Dowers---------------- 13 00 Edward Dembkowski---------- 22. 00 Joe. Kocol-------------------- 14.00 Florence Swanson ------------- 18. 00 Frank Kuntz ------------------ 13.00 Ben Tycher------------------- 24.00 Edward Pawinski------------- 13.00 Joe. Donofrio----------------- 17.00 John Sharavar---------------- 13.00 Louis Mathias ----------------- 18 00 Jerome Voight________________ 13.00 Joe. Nozick------------------- 30. 00 Frank Alexson---------------- 20.00 Frank Vale------------------- 21. 00 Nathan Avrutin-------- >------ 30. 00 Lucille Alberts---------------= 12 00 Marvin Berg --------- -------- 20. 00 Cora Byrne------------------- 14.00 Joe. Bombicino---------------- 24. 00 Grace Centanno_______________ 15.00 Betty Bryant ----------------- 18 00 Mae Centanno----------------- 10.80 Eleanor Caban________________ 13.20 Lucille Hahn ----------------- 14.00 Irving Boehm----------------- 19. 00 Rose Martin__________________ 15.00 Joseph Czarnik---------------- 21.00 Marie Rowder---------------- 14. 00 Max Deitch------------- --- 28.00 Lillian Weeden---------------- 17 00 Betty DeKovic________________ 23. 00 Mae Schuknecht --------------- 14.00 James McCarthy-------------- 13.33 Mae Shepard 14 00Alex Pearlman ---------------- 25.20 ------------------ Helen Ginski . 22 00Norman Carroll_______________ 9. 09 Montell Collins---------------- 9. 60 ------------------ A. C Marian ----------------- 16 80 Joe. Esposito ------------------ 24. 00 Paul Marian------------------ 16.80 Anna Ewalt ------------------- 21. 00 Irene Walczak---------------- 18 00 Matthew Falk ----------------- 22 00 Charles McCarthy ------------ 9 60 William Fuhr----------------- 21. 00 Ray. McCarthy --------------- 10. 80 Sam Gaffin ------------------- 19.00 Chester Stranski-------------- 14.70 (d) Post immediately in conspicuous places at its Chicago plant and maintain for a period of at least sixty (60) consecutive days from the date of posting, a notice to its*employees stating: (1) That respondent will not engage in the conduct from which it is ordered to cease and desist in Paragraph 1 (a), (b), and (c) of this Order. (2) That respondent will take the afore-mentioned action set forth in Paragraph 2 (a), (b), and (c) of this Order. (3) That respQndent's employees are free to become or remain mem- bers of Local No. 148, United Paper, Novelty & Toy Workers Inter- national Union, affiliated with the Congress of Industrial Organiza- 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions, and that respondent will not discriminate against any em- ployees because of membership or activity in said organization; (e) File with the Regional Director for the Thirteenth Region within ten (10) days from the entry of this Order, a report, in writ- -ing, setting forth in detail the manner and form in which it has com- plied with the provisions of this Order. IT IS FURTHER ORDERED , that the complaint as amended be, and it hereby is, dismissed in so far as it alleges that respondent has dis- criminated against Irene Moran, by discharge or lay-off on or about November 26, 1940.