Eavenson & Levering Co.

National Labor Relations Board - Board Decisions

Jul 18, 1940

25 N.L.R.B. 597 (N.L.R.B. 1940)

In the Matter of EAVENSON & LEVERING Co. and TEXTILE WORKERS
UNION OF AMERICA, LOCAL #229, AFFILIATED WITH THE C. 1. 0.,
FORMERLY KNOWN AS THE TEXTILE WORKERS ORGANIZING CoMDIIT'IEE
and WOOL AND TEXTILE WORKERS' UNION #21724, AN AFFILIATE OF
THE AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT and
UNITED TEXTILE WORKERS OF AMERICA, LOCAL #1078, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR, PARTY TO THE CONTRACT
Case No. C-163-3.-Decided July 18, 1940
Jurisdiction : wool and noils scouring, carbonizing, and depainting industry.
Settlement : stipulation providing for compliance with the Act.
Remedial 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. Sol Stetin, of Camden, N. J., and Mr. Anthony Valente, of
Washington, D. C., for the U. T. W. A.
Mr. Albert K. Plone, of Camden, N. J., for the U. T. W. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATE_IIENT OF TIIE CASE
Upon charges and amended charges duly filed by Textile Workers
Union of America, Local #229, herein called the T. W. U. A., the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fourth Region (Philadelphia; Pennsyl-
vania), issued its complaint, dated June 6, 1940, against Eavenson
Levering Co., Camden, New Jersey, herein called the respondent,
alleging that the respondent had engaged in and was engaging in un-
fair labor practices affecting commerce within the meaning of Section
8 (1) 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 accompanying notice of hearing thereon were duly
served upon the respondent, the T. W. U. A., and the United Textile
Workers of America, herein called the U. T. W. A.
25 N. L. R. B , No. 69. 597
2S3036-42-vol 25-39 -
.598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, (1) that the respondent at various times following June 14, 1938,
urged, persuaded, and warned its employees not to join or assist the
T. W. U. A.; (2) that the respondent made disparaging remarks about
the members of the T. W. U. A. and other intimidatory and coercive
anti-union statements to its employees; (3) that the respondent granted
exclusive recognition to the U. T. W. A. at a time when the T. W. U. A.
was claiming to represent a majority of its employees; (4) that the
respondent terminated the employment of 35 of its employees and re-
fused to reinstate them because they were members of the T. W. U. A.
and engaged in concerted activities for their mutual aid and protec-
tion; and (5) that by these and other acts the respondent interfered
with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. On June 19, 1940, the respondent
filed an answer denying the alleged unfair labor practices.
Pursuant to notice duly served upon all the parties, a hearing was
held on June 26, 27, and 28, and July 1, 2, and 3, 1940, at Camden, New
Jersey, before J. J. Fitzpatrick, the Trial Examiner duly designated
by the Board. The Board, the respondent, the T. W. U. A., and the
U. T. W. A. were represented,by counsel and participated in the
hearing.
On July 3, 1940, during the course of the hearing, the respondent,
the T. W. U. A., the U. T. W. A., and counsel for the Board entered
into a stipulation. The stipulation provides as follows:
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between Eavenson
& Levering Co., Respondent, a party herein; Textile Workers
Union of America, Local #229, affiliated with the C. 1. 0., formerly
'known as the Textile Workers Organizing Committee, a party
herein; United Textile Workers of America, Local #1078,' affili-
ated with the American Federation of Labor, a party herein ; and
Jack Davis, attorney for the National Labor Relations Board,
that :
1. This stipulation together with the Board Exhibits admitted
in evidence at the hearing on June 26, 1940, shall constitute the
record in this proceeding.
II. The taking of testimony or evidence before the Trial Exam-
iner in this matter, and the making of findings of fact and conclu-
sions of law by the Board, pursuant to the provisions of the Na-
tional Labor Relations Act, are hereby expressly waived by the
parties herein.
EAVENSON & LEVERING CO. 599
iii. Upon this stipulation, if approved by the National Labor
Relations Board, and upon the record, an order may be entered by
the Board, providing as follows :
The respondent, Eavenson & Levering Co. and its officers, agents,
successors and assigns,.
1. (a) Shall not in any manner interfere with, restrain, or
coerce its employees in the exercise of their rights to self -organi-
zation, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining of other mutual aid or protection, as guaranteed in Sec-
tion 7 of the National Labor Relations Act;
(b) Shall not discourage membership in the Textile Workers
Union of America, Local #229, affiliated with the C. I. 0., for-
merly known as the Textile Workers 'Organizing Committee, or
in any labor organization of its employees by discharge, layoff,
refusing to reinstate any of its employees, reinstating them to
less desirable positions, or in any other manner discriminating in
regard to hire or tenure of employment, or any term or condition
of employment, or by coercing, advising or urging its employees
to cease activities in behalf of any labor organization.
2. Cease and desist:
From giving effect to its contract with the United-Textile
Workers of America, Local #1078, affiliated with the American
Federation of Labor, dated September 14, 1939, which contract
recites the name, Wool and Textile WTorkers' Union, #1078, an
affiliate of the American Federation of Labor.
3. 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, hereto
attached and made a part hereof, immediate and full reinstate-
ment to their former, or substantially equivalent positions, with-
out loss of seniority and without prejudice to the rights and
privileges previously enjoyed by them;
(b) Make whole the employees listed in Appendix B, hereto
attached and made a part hereof, for the loss of pay suffered
by each of said employees by the payment to each of them,
respectively, a sum to be specified by the Regional Director of
the National Labor Relations Board for the Fourth Region, from
the total sum of $2,625.00;
(c) Post immediately in conspicuous places in all departments
of its plant and maintain for a period of at least sixty (60)
consecutive clays from the date of posting, notices to its em-
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees stating: (1), that the respondent will not engage in the
conduct stated in paragraphs 1, (a), (b), and 2 of this order;
(2), that the respondent will take the affirmative action set forth
in paragraphs 3, (a), (b), (c ) and (d ) of this order; (3), that
the respondent 's employees are free to become or remain members
of Textile Workers Union of America, Local #229, affiliated with
the C. I. 0., or of the United Textile Workers of America, Local
#1078, affiliated with the American Federation of Labor, and the
respondent will not discriminate against any employee because of
membership in or activity on behalf of either labor, organization;
(d) Notify the Regional Director for the Fourth Region in
writing within ten (10) days from the date of this order what
steps the respondent has taken to comply herewith.
IV. The respondent, Eavenson & Levering Co., hereby consents
to the entry by the United States Circuit Court of Appeals for
the Third Circuit, upon application by the Board of a consent
decree enforcing an order of the Board in the form herein ' above
set forth, and hereby waives further notice of the application for
such decree.
V. IT IS FURTHER STIPULATED AND AGREED that the respondent does
hereby offer reinstatement to each of said employees listed in
Appendix A, hereto attached and made a part hereof, and will
reinstate said employees , and each of them, as hereinbefore pro-
vided, on July 8, 1940.
VI. IT IS FURTHER STIPULATED AND AGREED that the sum of
$2,625.00, to be paid by the respondent to the employees listed in
Appendix B, herein referred to, is in full settlement of the total
amount to which all of said named employees may have been
entitled; and that the Regional Director for the Fourth Region,
after consultation with the Textile Workers Union of America,
Local #229, affiliated with the C. I. 0., and the said employees
will compute and apportion to each of said employees, named in
Appendix B, the proportionate amount of the total sum of
$2,625.00 to which each of said employees is entitled. Upon noti-
fication in writing by the Regional Director,for the Fourth Re-
gion the respondent will pay over to each of said employees the
amount specified by said Regional Director as having been appor-
tioned to each of said employees by him, within ten (10) days
after such notification.
VII. IT IS FURTHER STIPULATED AND AGREED that Lawrence
Di Vietro, Arthur Pyne and George Johnson have other and sub-
stantially equivalent employment in positions other than in the
respondent's plant.
EAVENSON & LEVERING CO. 601
VIII. IT IS FURTHER STIPULATED AND AGREED that the following-
named employees have heretofore been reinstated to employment
in the respondent's plant:
Lester Harris Nick Koss
Charles Harper William Munda
Edward Bartley Gus Korch and
John M. Fuller Willard Flanagan
Stephen Hyk
IX. IT IS FURTHER STIPULATED AND AGREED that the parties hereto
will execute a consent election agreement simultaneously herewith,
and that this stipulation is conditioned upon the execution of said
consent election agreement. This stipulation and said consent
election agreement are being entered into with a view to effectuat-
ing the policies of the Act and establishing industrial peace.
X. IT IS FURTHER STIPULATED AND AGREED that nothing herein
contained shall be a bar to full collective bargaining by the re-
spondent with the bargaining agency duly selected by the employees
of the respondent in the appropriate unit, or to a "closed-shop" or
"preferential-shop" contract should the parties thereto see fit to
enter into such contract.
XI. IT IS FURTHER STIPULATED AND AGREED that the United Tex-
tile Workers of America, Local #1078, affiliated with the American
Federation of Labor, is the successor union to the Wool and Textile
Workers' Union, #21724, an affiliate of the American Federation
of Labor, and that the Wool and Textile Workers' Union, #21724,
does not exist at this date.
XII. IT IS FURTHER STIPULATED AND AGREED that the only contract
in existence between the respondent and any labor organization
which is a party hereto is the one referred to hereinabove in para-
graph III, 2, dated September 14, 1939.
XIII. IT IS FURTHER STIPULATED AND AGREED that this stipulation
is subject to the approval of the National Labor Relations Board.
XIV. This stipulation embodies the entire agreement by the
parties and there is no verbal agreement which varies, alters or
adds to this stipulation.
Ruben C]ayborne
F. Sai atovich
Roland Steward
David Dillon
Philip Seher
Paul Piekarski
Mike Doroszka
Marion Kasprowicz
APPENDIX A
Joseph Di Gangi
James Miller
Albert Baj
Barney Pascovitz
Howard Jenkins
Tony Sochanchak
Mike Sochanchak
Aaron Winefsky
602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Tony Korok
R. Brade
Thomas Reed
Ruben Clayborne
F. Saratovich
Roland Steward
David Dillon
Philip Seher
Paul Piekarski
Mike Doroszka
Marion Kasprowicz
Joseph DiGangi
James Miller
Albert Baj
Barney Pascovitz
Howard Jenkins
Tony Sochanchak
Mike Sochanchak
Aaron Winefsky
Tony Korok
Joseph Sweeney
Al Russell
Frank Sapp
APPENDIX B
R. Brade
Thomas Reed
George Johnson
Lester Harris
Charles Harper
Edward Bartley
John M. Fuller
Stephen Hyk
Arthur Pyne
William Munda
Nick Koss
Frank Sapp
Gus Korch
Willard Flanagan
Joseph Sweeney
Al Russell
Lawrence Di Vietro
On July 10, 1940, the Board issued an order approving the above
stipulation, making it a part of the record, and, pursuant to Article
II, Section 36, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, transferring the case to the Board for
the purpose of entry of a decision and order pursuant to provisions
of the stipulation.
On 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 TIIE RESPONDENT
Eavenson & Levering Co. is a New Jersey corporation having its
principal office and plant in Camden, New Jersey, where it is engaged
in the business of scouring, carbonizing, and depainting wool and
roils. During 1939 the respondent received approximately $984,000
for the sale of its services, and sold waste by-products valued at
approximately $127,000. During the same period it purchased raw
materials valued at approximately $160,000, approximately all of
which were shipped to it from points outside the State of New Jersey.
Approximately all the wool and noils processed by the respondent is
shipped by it to points outside the State of New Jersey. The
respondent employs approximately 379 persons.
EAVENSON & LEVERING CO. 603
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 and 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 Eavenson & Levering Co., Camden, New Jersey,
its officers , agents , successors , and assigns :
1. (a) Shall not in any manner interfere with, restrain, or coerce
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 con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection , as guaranteed in Section 7 of the National
Labor Relations Act;
(b) Shall not discourage membership in the Textile Workers
Union of America, Local #229, affiliated with the C. I. 0., formerly
known as the Textile Workers Organizing Committee, or in any labor
organization of its employees by discharge, lay-off, refusing to rein-
state any of its employees, reinstating them to less desirable positions,
or in any other manner discriminating in regard to hire or tenure of
employment, or any term or condition of employment, or by coercing,
advising, or urging its employees to cease activities in behalf of any
labor organization.
2. Cease and desist : From giving effect to its contract with the
United Textile Workers of America, Local #1078, affiliated with the
American Federation of Labor, dated September 14, 1939, which con-
tract recites the name, Wool and Textile Workers' Union, #1078, an
affiliate of the American Federation of Labor.
3. 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, hereto attached
and made a part hereof, immediate and full reinstatement to their
former, or substantially equivalent positions , without loss of seniority
and without prejudice to the rights and privileges' previously enjoyed
by them ;
(b) Make whole the employees listed in Appendix B, hereto at-
tached and made a part hereof, for the loss of pay suffered by each
of said employees by the payment to each of them, respectively, a
sum- to be specified by the Regional Director of the National Labor
Relations Board for the Fourth Region, from the total sum of
$2 ,625.00;
(c) Post immediately in conspicuous places in all departments of
its plant and maintain for a period of at least sixty ( 60) consecutive
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days from the date of posting, notices to its employees stating: (1)
that the respondent will not engage in the conduct stated in para-
graphs 1 (a), (b), and 2 of this Order; (2) that the respondent will
take the affirmative action set forth in paragraphs 3 (a), (b), (c),
and (cl) of this Order; and (3) that the respondent's employees are
free to become or remain members of Textile Workers Union of
America, Local #229, affiliated with the C. I. 0., or of the United
Textile Workers of America, Local #10 78, affiliated with the Ameri-
can Federation of Labor, and the respondent will not discriminate
against any employee because of membership in or activity on behalf
of either labor organization ;
(d) Notify the Regional Director for the Fourth Region in writing
within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
Ruben Clayborne
F. Saratovich
Roland Steward
David Dillon
Philip Seher
Paul Piekarski
Mike Doroszka
Marion Kasprowicz
Joseph Di Gangi
James Miller
Albert Baj
Ruben Clayborne
F. Saratovich
Roland Steward
David Dillon
Philip Seher
Paul Piekarski
Mike Doroszka
Marion Kasprowicz
Joseph DiGangi
James Miller
Albert Baj
Barney Pascovitz
Howard Jenkins
Tony Sochanchak
Mike Sochanchak
Aaron Winefsky
Tony Korok
APPENDIX A
Barney Pascovitz
Howard Jenkins
Tony Sochanchak
Mike Sochanchak
Aaron Winefsky
Tony Korok
R. Brade
Thomas Reed
Joseph Sweeney
Al Russell
Frank Sapp
APPENDIX B
R. Brade
Thomas Reed
George Johnson
Lester Harris
Charles Harper
Edward Bartley
John Al. Fuller
Stephen Hyk
Arthur Pyne
William'Munda
Nick Koss
Frank Sapp
Gus Korch
Willard Flanagan
Joseph Sweeney
Al Russell
Lawrence Di Vietro