Henry Amdur & Sons, Inc.

National Labor Relations Board - Board Decisions

Nov 6, 1940

27 N.L.R.B. 1217 (N.L.R.B. 1940)

In the Matter of HENRY AMDUR & SONS, INC. and UNITED WHOLESALE
& WAREHOUSE EMPLOYEES OF NEW YORK, LOCAL 65, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. C-16,02.-Decided November 6, 1940
Jurisdiction : jewelry and novelty industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. D. R. Dirnick, for the Board.
Mr. A. Louis Kiebel, of New York City, for the respondent.
Mr. Jay Tabb, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Wholesale
R Warehouse Employees of New York, Local 65, affiliated with the
Congress of Industrial Organizations, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (New York City), issued
its complaint dated August 19, 1940, against Henry Amdur & Sons,
Inc., New York City, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices 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 notices
of hearing thereon were duly served upon the respondent.and the
Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent discharged Leo Rothberger be-
cause he joined or assisted the Union or engaged in other concerted
activities for the purposes of collective bargaining or other mutual
aid or protection; (2) that the respondent urged, persuaded, and
warned its employees to refrain from aiding, becoming, or remaining
27 N. L R B, No 200.
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1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
members of the Union, and interrogated its employees concerning
their membership in the Union; and (3) 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
August 29, 1940, the respondent filed an answer denying all the alle-
gations in the complaint.
Pursuant to notice, a hearing was held on September 9, 1940, at
New York City, before A.. Bruce Hunt, the Trial Examiner duly
designated by the Board. The Board and the respondent were rep-
resented by counsel and participated in the hearing.
On September 28, 1940, the Trial Examiner issued his Interme-
diate Report, copies of which were duly served upon all parties, find-
ing that the respondent had engaged in and was engaging in the
unfair labor practices alleged in the complaint.
On October 22, 1940, the respondent, the Union, and-counsel for
the Board entered into a stipulation in settlement of the case. The
stipulation provides as follows :
It is hereby stipulated by and among Henry Amdur & Sons,
Inc. (hereinafter referred to as the respondent) by its Attorney,-
Louis Kiebel; United Wholesale & Warehouse Einployees of
New York, Local 65, affiliated with the Congress of Industrial
Organizations (hereinafter referred to as the Union) by its busi-
ness agent, Jay Tabb ; and by D. R. Dimick, Attorney for the'
National Labor Relations Board, as follows :
I. Upon charges, as amended, duly filed by the Union, the
National Labor Relations Board (hereinafter referred to as the
Board), by the Regional Director for the Second Region, acting
pursuant to authority granted by Section 10 (b) of the National
Labor Relations Act, 49 Stat. 449 (hereinafter referred to as the
Act), and pursuant to Article II, Section 5 and Article IV,
Section 1 of the National Labor Relations Board Rules and Reg-
ulations, Series 2, as amended, duly issued a complaint'and notice
of hearing thereon on August 19, 1940 against the respondent,
and pursuant to said notice a hearing was held at New York,
New York, on September 9, 1940 before A. Bruce Hunt duly
authorized to act as Trial Examiner. The respondent and the
Board were represented by counsel and afforded an opportunity
to fully participate and to be heard in the proceeding. There-
after the Trial Examiner rendered - his Intermediate Report
which was duly served upon all parties to said proceeding.
II. The respondent, Henry Amdur & Sons, Inc., is a New
York corporation having its principal office and place of busi-
ness at 325 Fifth Avenue, New York City. , The respondent is
engaged in the manufacture, sale, distribution, importing and
HENRY AMDUR & SONS, INC. 1219
jobbing of jewelry, novelties, costume jewelry, glassware, gift-
ware and related products. During the period from July 1, 1939
to June 30, 1940, the respondent purchased raw materials and
finished products in the approximate value of $50,000 of which
approximately 75 per cent were purchased and shipped to the
respondent's plant from points outside the State of New York.
During the period from July 1, 1939 to June 30, 1940, the re-
spondent manufactured and distributed finished products in the
approximate value of $100,000 of which approximately 75 per
cent were sold and shipped to points outside of the State of
New York.
III. The respondent is engaged in'commerce within the mean-
ing of Section 2 (6) and (7) of the Act. °
IV. United Wholesale & Warehouse Employees of New York,
Local 65, affiliated with the Congress of Industrial Organiza-
tions, is a labor organization within the meaning of Section 2 (5)
of the Act.
V. The respondent, Henry Amdur & Sons, Inc., waives all
further and other procedure provided by the National Labor
Relations Act or the Rules and Regulations of the National
Labor Relations Board including the making of findings of fact
and conclusions of law.
VI. Upon the basis of the pleadings heretofore filed, ,the' tran-
script of record, the exhibits, the intermediate Report, and this
Stipulation and Agreement, if approved by the National Labor
Relations Board, an Order may forthwith be entered by said
Board providing, as follows : ,
ORDER
Upon the basis of the 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 the respondent, Henry Amdur & Sons, Inc., New York
City, and its officers, agents; successors, and assigns, shall:
1.' Cease and desist from :
(a) Discouraging membership in United Wholesale & Ware-
house Employees of New York, Local 65, affiliated with the Con-
gress of Industrial Organizations, or any other labor organiza-
tion or its employees by laying off, discharging, refusing to
reinstate, or in any other manner discriminating in regard to
hire or tenure of employment of its employees because of mem-
bership or activity in connection with any such labor organi-
zation.
(b) In any manner interfering with, restraining, or coercing
its employees in the exercise of their right to self-organization,
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 National Labor Relations Act.
2. Take the following affirmative action, which will effectuate
the policies of the Act :
(a) Offer to Leo Rothberger, immediate and full reinstatement
to his former or substantially ' equivalent position without
prejudice to his seniority and other rights and privileges.
(b) Make whole Leo Rothberger for the loss of pay he has
suffered by being discharged by payment to him of the sum of
Two Hundred and Ninety ($290:00) Dollars.
(c) Post immediately in conspicuous places throughout its
place of business in New York, New York, and maintain for a
period of at least sixty (60) consecutive clays from the date of
posting, notices to its employees stating : (1) that the respondent
will not engage in the conduct from which it is ordered to cease
and desist in paragraphs 1 (a) and (b) of this Order; (2) that
the respondent will take the 'affirmative action set forth in para-
graphs 2 (a) 'and (b), of this Order; and (3) that the respond-
ent's employees are free to become or 'remain members of the
United Wholesale & Warehouse Employees of New York, Local
65, affiliated with the Congress of Industrial Organizations', and
that the respondent will not discriminate against any employee
because of membership or activity in said labor organization or
any other labor organization of its employees ;
(d) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of this Order, what
steps the respondent has taken to comply therewith. -
VII. That the appropriate Circuit Court of Appeals of the
United States may, upon application of the National Labor Rela-
tions Board, enter a decree in the appropriate form, embodying
substantially the terms of the Board's Order above set forth and
enforcing the said Order of the Board. Respondent waives its
right to contest the entry of any such decree and its right to re-'
ceive notice of the filing of application for the entry of -such
decree.
VIII. It is understood and agreed that in complying with
paragraph 2 (a) of the Order above set forth, reinstatement
shall not be ,offered to Leo Rothberger until he applies to the
respondent for such reinstatement and upon such application
the respondent shall immediately offer to Leo Rothberger rein-
statement as provided by said paragraph 2 (a). Provided how-
HENRY AMDUR & SONS, INC. 1221
ever that said application for reinstatement shall be made by
Leo Rothberger , if at all, not later than December 31, 1940.
IX. It is understood and agreed that the entire agreement is
contained within the terms of this Stipulation and Agreement
and that there is no verbal agreement of any kind which varies,
alters or adds to this Stipulation and. Agreement.
X. It is further understood and agreed that this Stipulation
and Agreement is subject to the approval of the Board and shall
become effective immediately upon the granting of such approval.
On October 9, 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 proceeding to the
Board for the purpose of 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
THE BUSINESS OF THE RESPONDENT
Henry Amdur & Sons, Inc. is a New York corporation with its
principal office and place of business in New York City, where it is
engaged in the manufacture , sale, distribution , importing , and job-
bing of jewelry, novelties , costume jewelry , glassware , giftware, and
related products. From July 1, 1939, to June 30, 1940, the respondent
purchased raw materials and finished products - valued at approxi-
mately $50,000, approximately 75 per cent of which were shipped to
it from points outside the State of New York. During this same
period the respondent manufactured and distributed finished products
valued at approximately $100,000, approximately 75 per cent of which
were shipped by it to points outside the State of New York. It admits
that it is engaged in commerce within the meaning of Section 2 (6)
and (7) 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 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, Henry Amdur & Sons, Inc., New York City, its
officers, agents , successors , and assigns , shall:
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from :
(a) Discouraging membership in United Wholesale & Warehouse
Employees of New York, Local 65, affiliated ,with the Congress of
Industrial Organizations , or any other labor organization of its
employees by laying off, discharging, refusing to reinstate, or in any
other manner discriminating in regard to- hire or tenure of employ-
ment of its employees because of membership or activity in connection
with any such labor organization;
(b) In any manner interfering with, restraining , or coercing its
employees in the exercise of their 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 purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action which will effectuate the.
policies of the Act:
(a) Offer to Leo Rothberger immediate and full reinstatement to
his former or substantially equivalent position without prejudice to
his seniority or other rights and privileges; -
(b) Make whole Leo Rothberger for the loss of pay he has suffered
by being discharged by payment to him of the sum of Two Hundred
Ninety ($290.00) Dollars;
(c) Post immediately in conspicuous places throughout its place
of business in New York City , and maintain for a period of at least
sixty (60) consecutive days from the date of posting, notices to its
employees stating: (1) that the respondent will not engage in the
conduct from which it, is ordered to cease and desist in paragraphs 1
(a) and (b) of this Order; (2) that the respondent will take the
affirmative action set forth in paragraphs 2 (a) and (b) of this Order
and (3 )^ that the respondent 's employees are free to become or remain
members) of the United Wholesale & Warehouse Employees of New
York, Local 65, affiliated with the Congress of Industrial Organiza-
tions, and that the respondent will not discriminate against any em-
ployee because of membership or activity in said labor organization
or any other labor organization of its employees;
(d) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this Order , what steps the
respondent has taken to comply therewith.