Eavenson & Levering Co.

National Labor Relations Board - Board Decisions

Jul 26, 1938

8 N.L.R.B. 602 (N.L.R.B. 1938)

In the Matter of EAVENSON & LEVERING CO. and TEXTILE WORKERS'
ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. C-93.-Decided July 26, 1938
Wool Scouring, Carbonizing , and Depainting Industry-Settlement : Stip-
ulation providing for reinstatement and preferential lists of discharged em-
ployees; withdrawal of recognition and disestablishing of company -dominated
unions-Order: entered on stipulation.
Mr. Jack Davis, for the Board.
Boyle c Archer, by Mr. F. Morse Archer, Jr., of Camden, N. J.,
for the respondent.
Mr. Alfred Udoff, of New York City, and Mr. Sol Stetin, of Glou-
cester, N. J., for the T. W. O. C.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges and amended charges duly filed by Textile Workers'
Organizing Committee, herein called the T. W. O. C., affiliated with
the Committee for Industrial Organization, the National Labor Re-
lations Board, herein called the Board, by John E. Johnson, Acting
Regional Director for the Fourth Region (Philadelphia, Pennsyl-
vania) issued a complaint, dated April 22, 1938, against Eavenson
& Levering Co., Camden, New Jersey, 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 Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint, accompanied by notice of hearing, were
duly served upon the respondent and the T. W. O. C.
The complaint charged, in substance, (1) that the respondent dom-
inated and interfered with the formation and administration of a
labor organization known as the Independent Wool Workers' Union
and contributed support to it; (2) that the respondent discriminated
8 N. L. R. B., No. 62.
602
DECISIONS AND ORDERS 603
in regard to the hire and tenure of employment of certain named
persons to discourage membership in the T. W. O. C.; and (3) that
by these and other acts and conduct, the respondent interfered with,
restrained, and coerced its employees in the exercise of their rights
as, guaranteed in Section 7 of the Act. An extension of time within
which to answer having been granted, the respondent filed an answer,
dated May 18, 1938, denying that it was engaged in interstate com-
merce and that it had engaged in the alleged unfair labor practices.
Pursuant to notice a hearing was held at Philadelphia, Pennsyl-
vania, from May 23, through June 7, 1938, before Herbert A. Lien,
the Trial Examiner duly designated by the Board. The Board, the
respondent, and the T. W. O. C. were represented by counsel and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the hearing the
complaint was amended on motion of counsel for the Board to allege
the discriminatory discharge of 60 additional employees and the
formation, domination, and support by the respondent of a labor
organization known as the Wool Workers' Industrial Union, Local
No. 1.1 A copy of the amended complaint, dated June 2, 1938, was
duly served upon the respondent. During the hearing the respondent
and counsel for the Board entered into a stipulation concerning the
respondent's business. This stipulation was made part of the record
without objection.
On June 7, 1938, the hearing was recessed pending the approval
by the Board of a stipulation agreed upon and signed by counsel for
the Board, the respondent, and the T. W. O. C. The stipulation pro-
vided for an order to be entered in the case by the Board.
On June 16, 1938, the Board issued an order approving the stipula -
tion and making it a part of the record, and, acting pursuant to
Article IT, Section 37, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, further ordered that the pro-
ceeding be transferred to and continued before the Board for the
purpose of entry of a decision and order by the Board pursuant to
the provisions of the stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The-respondent is a New Jersey corporation engaged in the scour-
ing, carbonizing, and depainting of wools and noils. Its plant is in
I Amended charges were duly filed by the Union.
604 NATIONAL LABOR RELATIONS BOARD
Camden, New Jersey, and is one of the largest of its kind in the
United States. The respondent operates its business solely on a
commission basis.
The respondent furnishes its services to importers, wool merchants,
and wool dealers throughout the United States and in the foreign
countries. During the year 1937 practically all the wools and noils
processed by the respondent were shipped to it from foreign coun-
tries and States other than New Jersey. During the same period
the respondent shipped practically all the wool and noils processed
by it to points outside New Jersey. The, respondent's commissions
for its services in 1937 totaled $896,921.19. In the same year the
respondent sold waste byproducts valued at $160,442.42, most of
which were shipped to purchasers outside New Jersey.
The principal raw materials purchased by the respondent are coal,
soaps, acids, and alkalies. Practically all these raw materials, as well.
as machine repair parts and other supplies, amounting in value to
$161,121 in the year 1937, were shipped to the respondent frcnn points
outside New Jersey.
We-find that the operations of-the respondent at its plant in Cam-
den, New Jersey, constitute a continuous flow of trade, traffic, and
commerce among the several States and with foreign countries.
II. THE BNSIS OF THE SETTLEMENT
The stipulation between counsel for the Board, the respondent,
and T. W. O. C. provides :
It is hereby stipulated by and between Eavenson & Levering
Co., respondent herein; Textile Workers' Organizing Committee,
affiliated with the C. I. 0., a party herein ; and the National
Labor Relations Board, that upon the record herein ,and upon
this stipulation, if approved by the National Labor Relations
Board, an order may forthwith be entered by said Board and
by the United States Circuit Court of Appeals for the Third
Circuit, providing as follows :
1. Respondent, Eavenson & Levering Co., a corporation, its
officers, agents, successors and assigns shall cease and desist:
(a) from in any manner interfering with, restraining, or
coercing its employees in the exercise of their rights 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 collective
bargaining or other mutual aid or protection, as guaranteed in
section 7 of the Act ;
(b) from discouraging membership in the Textile Workers'
DECISIONS AND ORDERS 605
Organizing Committee, affiliated with the C. I. 0., or any other
labor organization of its employees, or encouraging membership
in the Independent Wool Workers' Union and the Wool Workers'
Industrial Union, Local No. 1, or any other labor organization
of its employees, by discriminating against employees in regard
to hire or tenure of employment or any condition of employ-
ment ;
(c) from in any manner dominating or interfering with the
administration of the Independent Wool Workers' Union and
the Wool Workers' Industrial Union, Local No. 1, or with the
formation or administration of any other labor organization of
its employees, and from contributing aid or support to said
organization ; from recognizing or dealing in any manner with
the Independent Wool Workers' Union or the Wool Workers'
Industrial Union, Local No. 1, or any group purporting to repre-
sent said organization; or from forming or maintaining any
groups or designating any individuals to act as the representa-
tives of the employees for the purposes of collective bargaining
respecting any of the terms or conditions of employment;
2. -It is further stipulated that the Board may order the re-
spondent to take the following affirmative action to effectuate the
purposes of the National Labor Relations Act:
That the respondent shall,
(a) offer to each of the employees named in Exhibit "A" 2
annexed hereto and made a part hereof, on or before June 13th,
1938, or upon notification of approval of this stipulation by the
National Labor Relations Board, immediate and full reinstate-
ment to their former positions without loss of seniority to such
extent as previously enjoyed, and without prejudice to any rights
and privileges previously enjoyed by them and which are now
enjoyed by those presently employed in like positions, and shall,
upon their application in the customary manner for employment
with respondent, so reinstate them ;
(1) and place each of the employees named in Exhibit "B"
annexed hereto and made a part hereof, for whom employment
is not now available, on a preferred list to be offered employment
as it arises in their former positions.
(2) and place each of the employees named in Exhibit "C" 4
annexed hereto and made a part hereof, for whom employment
is not now available, on a preferred. list to be offered employ-
2 Exhibit "A" appears as appendix A, annexed hereto
' Exhibit "B" appears as appendix B, annexed hereto.
Exhibit "C" appears as appendix C, annexed hereto
606 -NATIONAL LABOR RELATIONS BOARD
meat as it arises in their former positions, after the preferred
list referred to above as Exhibit "B" is exhausted.
(b) withdraw all recognition from the Independent Wool
Workers' Union as the representatives of its employees or any
of them for the purpose of dealing with the respondent con-
cerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment; and disestab-
lish said Independent Wool Workers' Union and Wool Workers'
Industrial Union, Local No. 1;
(c) inform in writing the officers of the Independent Wool
Workers' Union and of the Wool Workers' Industrial Union,
Local No. 1, that the respondent will not in any manner deal
with or recognize the associations;
(d) inform all of its officials and agents, including superin-
tendents, foremen and other supervisory employees that they
shall not in any manner approach employees concerning, or dis-
cuss with the employees, the question of their labor affiliation, or
threaten employees in any manner because of their membership
in any labor organization in general, or the Textile Workers'
Organizing Committee, affiliated with the C. I. 0., in particular ;
(e) post and keep visible in a prominent place in each depart -
ment of respondent's plant for a period of thirty (30) days
after receipt, copies of the order to be entered by the National
Labor Relations Board;
(f) Respondent shall notify the Regional Director for the
Fourth Region, of compliance with the foregoing order within
thirty (30) days from the date of its entry by the Board.
ORDER
Upon the basis of the above findings of fact and stipulation and
upon the entire record in the proceeding, and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that Eavenson & Levering Co., Camden,
New Jersey, and 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 their rights 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 Act ; -
(b) Discouraging membership in Textile Workers' Organizing
Committee, affiliated with the Committee for Industrial Organiza-
tion, or any other labor organization of its employees, or encourag-
DECISIONS AND ORDERS 607
ing membership in the Independent Wool Workers' Union and the
Wool Workers' Industrial Union, Local No. 1, or any other labor
organization of its employees, by discriminating against employees
in regard to hire or tenure of employment or any condition of
employment;
(c) In any manner dominating or interfering with the adminis-
tration of the Independent Wool Workers' Union and the Wool
Workers' Industrial Union, Local No. 1, or with the formation or
administration of any other labor organization of its employees, and
from contributing aid or support to said organization; from recog-
nizing or dealing in any manner with the Independent Wool Work-
ers' Union or the Wool Workers' Industrial Union, Local No. 1, or
any group purporting to represent said organizations; or from
forming or maintaining any groups or designating any individuals
to act as the representatives of the employees for the purposes of
collective bargaining respecting any of the terms or conditions of
employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to the employees listed in appendix A, annexed hereto,
immediate and full reinstatement to their former positions without
loss of seniority to such extent as previously enjoyed, and without
prejudice to any rights or privileges enjoyed by them and which are
now enjoyed by those presently employed in like positions, and
upon their application in the customary manner for employment.
so reinstate them;
(b) Place each of the employees listed in appendix B, annexed
hereto, for whom employment is not now available, on a preferred
list to be offered employment as it arises; in their former positions;
(c) Place each of the employees listed in appendix C, annexed
hereto, for whom employment is not now available, on a preferred
list to be offered employment as it arises in their former positions,
after the preferred list of employees named in appendix B has been
exhausted;
(d) Withdraw all recognition from the Independent Wool Work-
ers' Union as the representatives of its employees or any of them
for the purpose of dealing with the respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment, or
other conditions of employment; and disestablish said Independent
Wool Workers' Union and Wool Workers' Industrial Union, Local
No. 1;
(e) Inform in writing the officers of the Independent Wool Work-
ers' Union and of the Wool Workers' Industrial Union, Local No.
1, that the respondent will not in any manner deal with or recognize
the associations;
608 NATIONAL LABOR RELATIONS BOARD
(f) Inform all of its officials and agents, including superintend-
ents, foremen, and other supervisory employees that they shall not
in any manner approach employees concerning, or discuss with em-
ployees, the question of their labor affiliation, or threaten employees
in any manner because of their membership in any labor organization
in general, or in Textile Workers' Organizing Committee, affiliated
with the Committee for Industrial Organization, in particular;
(g) Post and keep visible in a prominent place in each department
of respondent's plant, copies 'of this order for a period of thirty (30)
days after service thereof;
(h) Notify the Regional Director for the Fourth Region, within
thirty (30) days from the date of this order, what steps the respond-
ent has taken to comply herewith.
APPENDIX A
1. Albert Russell
2. Tony Sochanchak
3. Donald Decker
4. Lester Harris
5. Helen Schaffer
6. Mildred Chain
7. Minnie Sheldon
8. Nelson LaMar
9. John Dobleson
10. Joe Novella
11. Edward De Lue
12. Joseph Sweeney
13. Nicholas Koss
14. Stanley Debalski
1. Thomas Reed
2. Stanley Lezowski
3. John Balcerowski
4. Mike Sochanchak
5. David Dillon
6. Joseph Steinski
7. David Trimmer
8. Walter Taylor
9. Roland Steward
10. Arron Winefsky
11. Tony Korok
12. James Patiigiione
15. James Miller, Jr.
16. James Miller, Sr.
17. Frank Sapp
18. Joseph Almieda
19. Winstina De Vietro
20. Ivan West
21. Howard Jenkins
22. Albert Baj
23. William Nunda
24. William Klaus
25. Marion Kasporowicz
26. Mike Doraski
27. John Wrobel
28. Willard Flanagan
APPENDIX B
13. John Melfi
14. Edward Bekowsk
15. Dale Adams
16. Walter Lehman
17. George Hummel, Sr.
18. Michael Iannetta
19. George Johnson
20. William McKeone
21. Benjamin Tymszuk
22. William Filer
23. Frank Van Horn
24. George Hummel, Jr.
DECISIONS AND ORDERS
APPENDIX C
1. H. A. Robinson
2. Bob Patterson
3. Donald Call
4. Frank Kelly
5. Albert Catell
6. Charles Tambo
7. Jess Williamson
8. Stanley Dare
9. Wm. Prader
10. George Butterworth
11. R. Brade
12. A. Cochrane
13. C. Brunk
14. C. Feldmayer
15. G. Dawson
16. Robert Fritz
17. F. Hojnowski
18. T. Hastie
19. W. Hastie
20. R. Hasson
21. George Hess
22. J. Kenney
23. G. Knecht
24. Win. Large
25. Ed Mutzer
26. Al Laurie
27. R. Odorisi
28. W. Oldham
29. Joe Roseberry
30. Frank Sendek
31. F. Siritovich
32. C. Schmidt
33. Frank Trimmer
34. S. Unook
35. W. Vanderstraeten
36. J. Varley
37. L. Williams
38. C. Watson
39. W. Brennan
40. J. Kander
41. D. Flynn
42. W. Nelson
43. A. Lorenz
44. J. McClay
45. A. Murphy
46. H. Kirkpatrick
47. A. Mortimer
48. F. Rescigno
49. J. Baker
50. S. Beebe
51. M. Bender
52. Sam Bradfor i
53. P. Brown
54. Don Harris.
609