E. Z. Sportcraft Mills, Inc.

National Labor Relations Board - Board Decisions

Jun 26, 1942

41 N.L.R.B. 1354 (N.L.R.B. 1942)

In the Matter of E. Z . SPORTCRAFT MILLS, INC. and KNrraooDs•
WORKERS UNION, LOCAL 155, I. L. G. W. U.
Case No. C-2218.-Decided June 26,1942
Jurisdiction : garment-contractor manufacturer.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. John J: Cuneo, for the Board.
Mr. Hyman Fried, of New York City, for the respondent.
Mr. Elias Lieberman and Miss Zelma Shapiro, of New York City,
for the Union.
Mr. Emil Klein, of Brooklyn, N. Y., for the Association.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly tiled by Knitgoods Workers Union,
Local 155, I. L. G. W. U., herein called the Union, the National
Labor Relations Board, herein called the Board, by its Regional
Director for the Second Region (New York City), issued its com-
plaint dated May 13, 1942, against E. Z. Sportcraft Mills, Inc.,
Brooklyn, New York, herein called the respondent, alleging that the
iespondent had engaged in and was engaging in unfair labor prac-
tices 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, accom-
panied by notice of hearing, were duly served upon the respondent,
the Union, and E. Z. Employees Protective Association, Inc., herein
called the Association, a labor organization alleged in the complaint
to be dominated by the respondent.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that on or about November 15, 1941, the respondent
initiated, formed, and sponsored the Association, and since that date
has assisted, dominated, contributed to the support of, and interfered
41 N. L. R. B., No. 242.,
1354
E :: Z: - SPORTCRAFT MILLS, " INC. 1355
with the administration of, the Association; and (2) that by such
acts, the respondent interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act. On May 23, 1942, the respondent filed an answer, denying that
it had engaged in any of the unfair labor practices alleged in the
complaint.
Pursuant to notice, a hearing was held at New York City on June 1,
'942, before George Bokat, the Trial Examiner duly designated by
the Chief Trial Examiner. The Board, the respondent, the Union,
and the Association were represented by counsel and participated in
the hearing. Shortly after the commencement of the hearing, with
the consent of all parties, the hearing was closed and a stipulation
was entered into by all parties, subject to the approval by the Board,
in settlement of the case. The stipulation provides as follows :
WHEREAS, upon a second amended charge duly filed on April 2,
1942 by Ii-nitgoods Workers Union, Local 155, International
Ladies' Garment Workers Union, (AFL) hereinafter called the
"Union", the National Labor Relations Board, hereinafter called
the "Board", by the Regional Director for the Second Region,
issued its complaint on May 13, 1942 against E. Z. Sportcraft
Mills, Inc., hereinafter called the "Respondent", alleging viola-
tion by the Respondent of Sections 8 (1) and (2) of the National
Labor Relations Act, (49 Stat. 449), hereinafter called the
"Act", and
WHEREAS, a copy of said complaint and notice of hearing
thereon were duly served upon the Respondent, the Union ' and
E. Z. Employees Protective Association, Inc., hereinafter called
the "Association", and
WHEREAS, the matter did, on June 1, 1942 come on regularly
for hearing before George Bokat, a Trial Examiner of the Board
duly designated by the Chief Trial Examiner, and
WHEREAS, the Respondent and the Association appeared at
such hearing before said Trial Examiner, and
WHEREAS, the Respondent has duly filed its answer to the said
complaint, and
WHEREAS, it is the intention of the Association to dissolve and
it is the desire of the parties to dispose of this proceeding without
formal hearing, the taking of testimony and the making of find-
ings of fact and conclusions of Law by the Board,
THEREFORE , IT IS STIPULATED AND AGREED AS FOLLOWS :
1. The correct corporate name of the Respondent is E. Z . Sport-
craft Mills, Inc.
1356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Respondent was incorporated under the laws of the State
of New York on or about June 13,1941.
The Respondent maintains its principal office and plant at
980 Hart Street, Brooklyn, New York, hereinafter referred to
as the "New York plant."
The Respondent, at its New York plant, is engaged as a Con-
tractor, in knitting garments from worsted yarns and similar
materials for various customers. Title to such worsted yarns
and similar materials is at all times held by the customers to
whom the finished garments, namely ladies' sweaters, are re-
turned by the Respondent.
One hundred per cent of the worsted yarns or similar materials
used by the Respondent in its finished products, is first shipped
from places outside the State of New York to the customers'
dyer or dyers within the State of New York, where such yarn
or similar materials is then dyed to the customers' orders. It is
then shipped from the dyer or dyers to the Respondent's plant.
During the year 1941, which is a representative period in
Respondent's business, Respondent knitted worsted yarns and
similar materials which were the property of its customers into
ladies' sweaters and charged its customers for such operations
or services performed in their behalf an amount exceeding
$100,000.
During the period mentioned in paragraph 6 hereof, Respond-
ent charged an amount exceeding $75,000 which constituted over
75% of its total volume of operations or services performed dur-
ing such period for the following named customers :
(a) Carl Gutmann, 132 W. 36th Street, New York City.
(b) Linwood Knitting Co., 65 W. 36th Street, New York City.
(c) Fleetwood Sportswear Corp., 14 W. 36th Street, New
York City.
The finished products shipped by the Respondent to the afore-
said customers exceeded in value the sum of $100,000. The
aforesaid customers then sold and shipped in excess of 50% of
such finished products valued at more than $50,000 to places
outside the State of New York.
Respondent concedes that it is engaged in interstate commerce
within the meaning of Section 2, subdivisions 6 and 7 of the
National Labor Relations Act.
2. The Union and the Association are labor organizations
within the meaning of Section 2 (5) of the Act.
3. This stipulation, together with the pleadings, notice of
hearing and notice of postponement of hearing, shall be filed
E. Z. SPORTCRAFT MILLS, INC. 1357
with the Trial Examiner and when, so filed shall constitute the
entire record in the above entitled 'matter, further proceedings
before a Trial Examiner or the Board, including the taking of
testimony, the making of findings of fact and conclusions of ,
law, being expressly waived.
4. Upon this, stipulation and upon the record herein an order
may be entered forthwith by the Board providing substantially
as follows : -
Respondent, E. Z. Sportcraft Mills, Inc., Brooklyn, New York,
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 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 purposes of collective bargaining or
other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act;
(b) Dominating or interfering with the administration of
E. Z. Employees Protective Association, Inc. or the formation
or administration of any other labor organization of its em-
ployees, and contributing support to any such labor organization
of its employees;
(c)' Recognizing E. Z. Employees Protective Association, Inc.,
as the representative of any of its employees for the purpose of
dealing with the Respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other con-
ditions of employment.
(2) Take the following affirmative action which the Board
finds will effectuate the policies of the Act:
(a) Withdraw all recognition from E. Z. Employees Protective
Association, Inc., as the representative of any of its employees
concerning grievances, wages, rates of pay, hours of employment
or other conditions of employment, and completely disestablish
E. Z. Employees Protective Association, Inc. as such repre-
sentative.
(b) Post immediately in conspicuous places in its place of busi-
ness at 980 Hart Street and 101 Wyckoff Ave., Brooklyn, New
York, and maintain for a period of at least sixty consecutive
days from the date of posting, notices to its employees in the
form set forth in Exhibit "A" annexed hereto and made a part
hereof.'
The notice is set forth as Appendix A to this Decision and Order.
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Notify the Regional Director for the Second Region, in
writing, within a period of ten days from the date of this order,
what steps the Respondent has taken to comply herewith.
5. It is further stipulated and agreed that upon application
of the Board the proper Circuit Court of Appeals of the United
States may enter a decree in proper form embodying substan-
tially the terms • of the Board's order above set forth, and en-
forcing the said order of the Board. All parties hereto waive
their right to contest the entry of any such. decree and waive
notice of the filing of an application for the entry of such decree.
6. This entire stipulation is. subject to the approval of the
National Labor Relations Board.
7. This stipulation contains the entire agreement of the parties
and there is no verbal agreement or understanding of any kind
which varies, alters or adds to this stipulation.
'On June 9, 1942, the Board issued its order approving the stipu-
lation, making it a part of the record, and pursuant to Article II,
Section 36, of National Labor Relations Board Rules and. Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the entry of a Decision and Order pursuant to the provisions of
the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
E. Z. Sportcraft Mills, Inc., is a New York corporation, operating
a plant in Brooklyn, New York, where it is engaged, as a contractor,
in knitting ladies' sweaters from worsted yarns and similar mate-
rials for various customers. All yarns and materials used ' by the
respondent are first shipped from places outside the State of 'New
York to the customers' dyers within the State of New York where
such yarn and materials are dyed. The yarn and materials are then
shipped from the dyers to the respondent's plant. During the year
1941, the respondent received more than $100,000 for its services in
knitting ladies' sweaters for its customers. More than 75 percent
of its services were performed for three customers within New York
City. These customers shipped more than 50 percent of the prod-
ucts obtained from the respondent to points outside the State of
New York. The respondent admits that it is engaged in commerce
within the meaning of the Act.
i
E. ' Z. SPORTCRAFT MILLS, INC. 1359
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 orders that E. Z. Sportcraft Mills, Inc., Brooklyn; New
York, 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 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 ac-
tivities for the purposes of collective bargaining or other mutual aid
or protection, as guaranteed in Section 7 of the Act;,, . .
(b) Dominating. or interfering with the administration of E. Z.
Employees Protective Association, Inc., or the formation or adminis-
tration of any other labor organization of its employees and con-
tributing financial or other support to E. Z. Employees Protective
Association, Inc., or to any other labor organization of its employees;
(c) Recognizing E. Z. Employees Protective Association, Inc., as
the 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.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act : I
(a). Withdraw all recognition from E. Z. Employees Protective As-
sociation, Inc., as the representative of any of its employees concerning
grievances, labor disputes, wages, rates of pay, hours of employment, or
other conditions of work, and completely disestablish E. Z. Em-
ployees Protective Association, Inc., as such representative;
(b) Immediately post in conspicuous places throughout its places
of business at 980 Hart Street and •101 Wyckoff Avenue, Brooklyn,
New York, and maintain for a period of at least sixty (60) consecu-
tive days from the date of posting, notices to its employees in the
form set forth in Appendix "A" annexed hereto;
(c) Notify the Regional Director for the Second Region, in writ-
ing, within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
13.60 DECISIONS OF NATIONAt LABOR RELATIONS BOARD
APPENDIX A
TO THE EMPLOYEES OF E. Z . SPORTCRAFT MILLS, INC.
You are hereby notified, pursuant to an order of the National Labor
Relations Board, that :
(1) E. Z. Sportcraft Mills, Inc. will not in any manner inter-
fere with, restrain or coerce its employees in the exercise of the
right to self-organization, to form, join or assist labor organiza-
tions, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
poses of collective bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the National Labor Relations Act.
(2) E. Z. Sportcraft Mills, Inc. will not in any manner domi-
nate or interfere with the administration of E. Z. Employees
Protective Association, Inc., or with the formation or adminis-
tration of any other labor organization of its employees , and will
not contribute support to any such organization.
(3) E. Z. Sportcraft Mills, Inc. hereby withdraws recognition
from, and it will not recognize E. Z. Employees Protective Asso-
ciation, Inc. as a representative of any of its employees' for the
purpose of dealing with the E. Z. Sportcraft Mills, Inc. concern-
ing grievances , labor disputes, rates of pay, hours of employment,
or any other conditions of employment, and E. Z. Employees
Protective Association, Inc. is completely disestablished as such
representative.
Dated: June __________, 1942.
E. Z. SPORTCRAFT MILLS, INC.
By FELIX ScuuInE, President.