Eugene Dietzgen Co.

National Labor Relations Board - Board Decisions

Aug 11, 1938

8 N.L.R.B. 895 (N.L.R.B. 1938)

In the Matter of EUGENE DIETZGEN COMPANY and WILLIAM RUDER-
MAN, HARRY LAWSON, SAM KELLNER, ARTHUR LANNON, CONSTAN-
TINO PUGLIESE
Case 1Vo. C-768.-Decided August 11, 1938
Surveying Instruments and Drafting Equipment Industry-Settlement : stipu-
lation providing for reinstatement and back pay-Order: entered on stipula-
tion-Discrimination : discharges , not sustained as to one employee.
Mr. Will Maslow, for the Board.
Mr. Henry Braverman, of New York City, for the respondent.
Mr. James A. Cobey, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by William Ruderman, Harry Lawson,
Sam Kellner, Arthur Lannon, and Constantino Pugliese, the
National Labor Relations Board, herein called the Board, by Eli-
nore M. Herrick, Regional Director for the Second Region (New
York City), issued its complaint dated December 20, 1937, against
Eugene Dietzgen and Company, Inc.,' New York City, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices 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, accompanied by notice of hearing, were duly served upon
the respondent, and William Ruderman, Harry Lawson, Sam Kell-
ner, Arthur Lannon, and Constantino Pugliese.
The complaint alleged in substance (1) that the respondent dis-
criminated in regard to the hire and tenure of employment of Wil-
liam Ruderman, Harry Lawson, Sam Kellner, Arthur Lannon, and
Constantino Pugliese, thereby discouraging membership in a labor
1 It appears from the first numbered paragraph ct the stipulation set forth infra that this
is the correct name of the respondent . The complaint incorrectly stated the name of the
respondent as Eugene Dietzgen Company. -
8 N. L. R. B., No 109.
895
896 NATIONAL LABOR RELATIONS BOARD
organization, and (2) 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. The respondent
filed an answer, dated December 27, 1937, denying the alleged unfair
labor practices and setting forth affirmatively that the persons named
in the complaint were discharged for cause.
Pursuant to a notice and an amended notice of hearing, copies of
which were duly served upon the parties, a hearing was held at
New York City on January 4 and 5, 1938, before Walter B. Wilbur,
the Trial Examiner duly designated by the Board. The Board and
the respondent were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing, the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were made. The
rulings are hereby affirmed.
After the close of the hearing, the respondent filed a brief. On
June 10, 1938, the Trial Examiner filed his Intermediate Report,
copies of which were duly served upon the parties, finding (1) that
the respondent had engaged in unfair labor practices affecting com-
merce, within the meaning of Section 8 (1) and (3) and Section
2 (6) and (7) of the Act, by discriminating in regard to the hire
and tenure of employment of William Ruderman, Sam Kellner,
Arthur Lannon, and Constantino Pugliese, thereby discouraging
membership in a labor organization, and (2) that the respondent
had not discriminated in regard to the hire and tenure of employ-
ment of Harry Lawson within the meaning of Section 8 (3) of the
Act. He recommended that the respondent cease and desist from
its unfair labor practices and, affirmatively, offer reinstatement with
back pay to William Ruderman, Sam Kellner, Arthur Lannon, and
Constantino Pugliese.
On July 8, 1938, the respondent, William Ruderman, Sam Kellner,
Arthur Lannon, Constantino Pugliese, and the Regional Director
executed and signed the following stipulation :
1. The correct corporate title of the respondent is Eugene
Dietzgen and Company, Inc.
2. The respondent is engaged in the manufacture and sale of
surveying instruments, drafting boards, sensitized paper and
allied products. It operates a factory at Chicago, Illinois, and
at New York City, and maintains sales offices in Chicago, New
York City, San Francisco, New Orleans, Washington, D. C.,
Los Angeles, Milwaukee and Philadelphia. At its New
York plant the respondent manufactures blue print and other
DECISIONS AND ORDERS 897
sensitized paper, some of the raw material being purchased from
sources outside New York State. Raw material used in this
product alone has an aggregate value of $200,000 to $250,000.
Some of the raw materials used by the respondent at its New
York plant are imported from points outside the State of New
York, including France and Germany, and 60% of all the com-
pany's manufactured products are shipped from its New York
plant to customers located outside the State of New York.
3. The Eugene Dietzgen & Company, Inc. at its plant located
at 218 East 23rd Street, New York, New York, shall cease and
desist :
(a) From interfering with, restraining or coercing, its em-
ployees in the exercise of the right to self-organization, to form,
and 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.
(b) From dominating or interfering with the formation or
administration of any labor organization, and from contributing
support of any kind to any labor organization.
4. That Eugene Dietzgen & Company, Inc. will take the fol-
lowing affirmative action in order to effectuate the policies of
the National Labor Relations Act :
(a) Offer to Arthur Lannon, Constantino Pugliese, and each
of them, immediate and full reinstatement respectively, to their
former positions without prejudice to their seniority or other
rights and privileges previously enjoyed, but at the presently
existing wage.
(b) For the purpose of making whole the persons named in
paragraph 4 (a) above, and each of them, for any losses of pay
they have suffered by reason of their discharge, and for the pur-
pose of making whole the following two employees, William
Ruderman and Sam Kellner, pay to the Regional Director of
the Second Region, for distribution to said four employees the
sum of Seventeen Hundred ($1700) Dollars; this payment to be
distributed in the following manner : William Ruderman, Arthur
Lannon and Constantino Pugliese are to be paid the sum of
Five Hundred ($500) Dollars each; Sam Kellner to be paid the
sum of Two Hundred ($200) Dollars; this payment to be made
by Eugene Dietzgen & Company, Inc. is in full settlement for
all back pay due to all of the above named employees.
(c) William Ruderman does not desire to be reemployed by
the Eugene Dietzgen & Company, Inc.
(d) Sam Kellner is at present employed elsewhere and does
not desire reinstatemcut.
898 NATIONAL LABOR RELATIONS BOARD
(e) That part of the complaint referring to Harry Lawson is
hereby dismissed. "
(f) Post notices in conspicuous places throughout its 218
East 23rd Street plant, in New York, New York, stating:
'(1) That the respondent will cease and desist as provided above.
(2) That such notices will remain posted for a period of at
least thirty (30) consecutive days from the date of posting.
5. An order based on the terms of this agreement may be made
by the National Labor Relations Board.
6. A consent decree embodying the substance of the above
order of the Board, may be entered by the Circuit Court of Ap-
peals of the appropriate Circuit; upon application by the Board
without notice to any of the parties.
7. This stipulation is submitted subject to the approval of the
National Labor Relations Board, Washington, D. C.
On July 26, 1938, the Board, acting pursuant to Article II, Sec-
tion 37, of National-Labor Relations Board Rules and Regulations-
Series 1, as amended, approved the stipulation and ordered that it be
made a part of the record in the case , and further ordered the pro-
ceeding transferred to and continued before it for the purpose of
.entry of a , decision and order by it pursuant to the provisions of the
above stipulation.
Upon the basis of the stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Eugene D1etzgen and Company, Inc., is a Dela-
ware corporation engaged in the manufacture and sale of surveying
instruments, drafting boards, sensitized paper and allied products.
It has its principal office and a factory at Chicago, Illinois . It also
operates a paper coating plant in New York City. Sales offices are
maintained in each of the cities mentioned above and also in Phila-
delphia, Pennsylvania; Washington, D. C.; Milwaukee, Wisconsin;
New Orleans, Louisiana; Los Angeles and San Francisco, California.
This proceeding involves only the respondent's plant in New York
City.
The respondent manufactures blue-print and other sensitized paper
at its plant in New York City. The principal raw materials used
by the respondent are raw paper and chemicals, aggregating in value
from $200,000 to $250,000 annually . Most of these raw materials are
shipped to the respondent from points outside the State of New York,
DECISIONS AND ORDERS 899
including France and Germany. Sixty per cent of its finished prod-
ucts are shipped from the plant to customers outside the State of
New York.
We find that the operations of the respondent constitute a con-
tinuous flow of trade, traffic, and commerce among the several States
and with foreign countries.
ORDER
On the basis of the above findings of fact and the above stipulation,
and upon 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 the respondent, Eugene Dietzgen and Com-
pany, Inc., New York City, and its officers, agents, successors, and
assigns, shall:
1. Cease and desist from :
(a) Interfering with, restraining, or coercing its employees in the
exercise of the right to self-organization, to form, and 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;
(b) Dominating or interfering with the formation or administra-
tion of any labor organization, and from contributing support of any
kind to any labor organization.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Arthur Lannon, Constantino Pugliese, and each of
them, immediate and full reinstatement, respectively, to their former
positions without prejudice to their seniority or other rights and
privileges previously enjoyed, but at the presently existing-wage;
(b) Make whole the persons named in paragraph 2 (a) above, and
each of them, for any losses of pay they have suffered by reason of
their discharge, and make whole the following two employees, Wil-
liam Ruderman and Sam Kellner, by payment to the Regional Di-
rector for the Second Region, for distribution to said four employees,
the sum of Seventeen Hundred ($1,700) Dollars; this payment to be
distributed in the following manner : William Ruderman, Arthur
Lannon and Constantino Pugliese are to be paid the sum of Five
Hundred ($500) Dollars each; Sam Kellner to be paid the sum of
Two Hundred ($200) Dollars;
(c) Post immediately in conspicuous places throughout its 218
East 23rd Street plant, in New York City, and maintain for a period
of at least thirty (30) days from the date of posting, notices to its
117213-39-vol 8-58
900 NATIONAL LABOR RELATIONS BOARD
employees stating that the respondent will cease and desist as pro-
vided above;
(d) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of the Board's order what steps
the respondent has taken to comply therewith.
And it is further ordered that the complaint, in so far as it
alleges the discriminatory discharge of Harry Lawson be, and it
hereby is, dismissed.