Horton Wiping Materials Co., Inc.

National Labor Relations Board - Board Decisions

Aug 20, 1942

43 N.L.R.B. 406 (N.L.R.B. 1942)

In the Matter of HORTON WIPING MATERIALS Co., INC. and - TEXTILE
WORKERS UNION OF AMERICA GREATER NEW, YORK JOINT BOARD,
C. I. O. and THE WASTE MATERIAL' SORTERS, TRIMMERS & HANDLERS'
UNION, LOCAL 445 OF THE INTERNATIONAL HOD-CARRIERS, BUILDING
AND COMMON LABORERS' UNION OF AMERICA, A. F. OF L., PARTY TO
THE CONTRACT
Case No. C-2284.x.Decided-August 20, 19.2
Jurisdiction : wiping material manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Practice and Procedure : pursuant to stipulation, complaint dismissed insofar as
it alleged an 8 (5) violation.
Mr. Richard J. Hickey, for the Board.
Mr. Horton R. Perry, of Brooklyn, N. Y., for the respondent.
Mr. Ernest Pitielli, of Brooklyn, N., Y., for Local 445.
Mr. James Lipsig, of New York City, for the Union.
Miss Marcia Hertomark, of counsel to the Board.
DECISION
AND
- ORDER
STATEMENT OF THE CASE
Upon charges duly. filed by Textile Workers Union of America,
Greater New York Joint Board, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional Di-
rector for the Second Region (New York City), issued its complaint
dated July 16, 1942, against Horton Wiping Materials Co., Inc.,
Brooklyn, New York, 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), (3),
and (5) 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 were duly served upon the respondent, the Union,,
and The Waste Material Sorters, Trimmers & Handlers' Union, Local
43 N. L. It. B., No. 70.
X406 V
HORTON WIPING MATERIALS CO., INC. 407
445 of the International Hod-Carriers, Building and Common La-
borers' Union of America, A. F. of L., herein called Local 445.
Concerning the unfair labor practices, the complaint alleged in sub-
stance that the respondent, (1) on or about November 12, 1941, and
at all times thereafter, refused to bargain collectively with the Union,
although it was the exclusive representative of all the employees
within, an appropriate unit; (2) from on or about November 11, 1941,
disparaged,and expressed disapproval of the Union, interrogated its
employees concerning union affiliations, urged, persuaded, threatened,
and warned its employees to refrain from assisting, becoming, or re-
maining: members of, the Union, and urged, persuaded, threatened,
and warned its employees to assist, become members of, or remain
members of Local 445; (3) on or about November 12, 1941, entered
into--a-collective bargaining agreement with Local 445, which organ-
ization was sponsored, maintained, assisted, or supported by the unfair
labor practices of the respondent; and (4) on or about February 11,
1942, discharged Carmen Madero, and Antonia Cordero and has re-
fused to reinstate them, and on or about December 10, 1941, refused
to reinstate, Regino Megill to his former or substantially equivalent
position, because they joined or assisted the Union or engaged in
other concerted activities for the purposes of collective bargaining
or other mutual aid or protection, or because they refused to assist or
remain members in good standing of Local 445.
Pursuant to notice, a hearing was begun on July 27 and 28, 1942,
at New York City, before Gustaf B. Erickson, the Trial Examiner
duly designated by the Chief Trial Examiner. On August 1, 1942,
the respondent, the Union, Local 445, and counsel for the Board en-
tered into a stipulation in settlement of the case. The stipulation
provides as follows : -
Charges having- been filed by the Textile Workers Union of
America, Greater New York Joint Board, C. I. 0., hereinafter
called the Union, with the Regional Director of the National
Labor Relations Board, hereinafter called the Board, for the
Second Region, New York, City, alleging that Horton Wiping
Materials Co., Inc., hereinafter called the Respondent, had en-
gaged in unfair labor practices within the meaning of Section 8,
subdivisions (1), (3) and (5) of the National Labor Relations
Act, hereinafter call the Act, the Board, by its Regional Director
for the Second Regiorf, New 'York City, thereafter having duly
issued served a complaint and notice of hearing upon all parties;
an answer denying the aforesaid charges having been filed by
the Respondent and by the `"Taste Material Sorters; Trimmers &
Handlers'- Union, Local 445 of the International Hod-Carriers,
468 DECISIONS OF NATIONAL: LABOR RELATIONS' BOARD
Building and Common Laborers' Union of America, A. F. L.,
'hereinafter called Local 445; a hearing having been held upon
the complaint on July 27 and 28, 1942, at New York, New York,
before Gustav B. Erickson, the Trial Examiner duly designated by
the Chief Trial Examiner, and all parties to this stipulation hav-
ing participated in this hearing by counsel- or otherwise; the
Respondent being engaged in the manufacture of wiping rags
for defense purposes; and it being the desire of the parties, in
the interest of national defense, to adjust, settle and dispose: of
all of the issues outstanding in this proceeding :
IT IS HEREBY STIPULATED AND AGREED by and between the Re=
spondent, the Union, Local 445 and Richard J. Hickey, attorney
for -the National Labor Relations Board, Second Region : - -
1. The-Respondent is and has been since 1936 a corporation
duly organized and existing under and by virtue of the' laws of
the State of New York, having its principal place of business and
factory at 96 North 10th Street, Brooklyn, New York, and is en-
gaged in the manufacture, • sale and distribution of wiping
-materials. -
II. The principal raw materials used by the Respondent in
the manufacture of its principal products are rags. During the
year 1941 approximately $200,000 was expended in the purchase
of such raw materials, all of which were shipped from places
within the State of New York to Respondent's Brooklyn plant.
During the year 1941 Respondent's sales amounted to approxi-
mately $300,000. Approximately 75% of Repondent's finished
products were sold and shipped by Respondent from its Brook-
lyn plant to places outside the State of New York, principally to
Virginia, New Jersey, Pennsylvania and North Carolina.
• III. Respondent is engaged in interstate commerce within the
meaning of Section 2, subdivisions (6) and (7) of the Act.-
IV. The Union and Local 445 are each labor organizations
within the meaning of Section 2, subdivision (5) of the^,•Act.
V. Respondent, the Union and Local 445 each waive any and
all rights to any further hearing in this proceeding by or before
the Board and each waive their rights to the making of findings,
of fact and conclusions of law by the Board, except as hereinafter
set forth.
VI. The parties hereto hereby agree to the issuance by the
Board, without further notice or proceedings, of an order sub-
stantially in the following form, which order shall have the same
force and effect as if made after full hearing and the making of
findings of fact and conclusions of law :
HORTON WIPING MATERIALS CO,., INC. 409
ORDER
Respondent, 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 a labor organization, 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 by Section 7 of the
National Labor Relations Act;
b. Recognizing the Waste Material Sorters, Trimmers & Han-
dlers' Union, Local 445, of the International Hod-Carriers, Build-
ing aired Common Laborers' Union ' of America, A. F. L: as the
exclusive representative of its employees, or any appropriate
unit thereof, for the purpose of collective bargaining, unless and
until that organization shall have been certified as such' by the
National Labor Relations Board; _
c. Giving effect to the contract dated November 7, 1941 between
the respondent and Local 445, or any extension, renewal, modifi-
cation or supplement thereof, or to any superseding agreement or
contract;
d. Discouraging membership in the Textile Workers Union of
America, Greater New York Joint Board, C. I. O. or in any other
labor organization of its employees by discriminating in regard
to their hire and tenure of employment or any term or condition
of their employment.
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act:
a. Withhold all recognition from Local 445 as the exclusive
representative of its employees, or any appropriate unit thereof,
for the purposes of dealing with it concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other con-
ditions of employment, unless and until that organization shall
.have been certified- as such by the National Labor Relations
Board:
b. Offer to Regino Megill, Carmen Madero and Antonia Cor-
dero immediate and full reinstatement to their former or sub-,
stantially equivalent positions, without prejudice'to their senior-
ity or other. rights, and privileges;
c. Make whole Regino Megill, Carmen Madero' and Antonia
Cordero for any. loss of pay' they may have suffered by reason
of the Respondent's discrimination in regard to their hire and
tenure of employment by payment of the sum of $595.07 to the
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director of the Second Region of the National Labor
Relations Board for disbursement-by said Regional Director or
her agents to the aforesaid parties;-
d. Immediately, post notices in conspicuous places throughout
its Brooklyn plant and maintain such notices for a period of at
least sixty (60) days consecutively from the date of'its posting,
stating (1) that the Respondent "will not engage in the conduct
from which it is ordered that it cease and desist in paragraphs 1,
(a), (b), (c) and (d) of this order; and (2) that the respondent
will-take the affirmative action.set forth in paragraphs 2.(a), (b)
and (c) of this order;
e. Notify the Regional Director for the Second Region in
writing within twenty (20) days of the date of this order what
steps Respondent has taken to comply therewith.
IT IS FURTHER ORDERED that the complaint, in so far as it al-
leges that the Respondent engaged in unfair labor practices with-
in the meaning of Section 8, subdivision (5) be, and the same
hereby is dismissed.
VII. IT IS FURTHER STIPULATED AND AGREED that the Respond-
ent, the Union and Local 445 consent to the entry by the' proper
Circuit Court of Appeals of a Decree enforcing the Board's Order
substantially in the form hereinabove set forth.
IT IS FURTHER AGREED that the Respondent, the Union and Local
445 hereby waive notice of the application by the National Labor
Relations Board to the said-Circuit Court 'of Appeals for said
aforementioned Decree and waive; "all rights to contest the entry
of said Decree.
VIII. The contract dated November 7, 1941 between the Re-
spondent and Local-445 is abrogated and terminated and neither
party shall have any right or claim thereunder from the date
this Stipulation is effective.
IX. Respondent, the Union and Local 445 have this day entered
into a stipulation for Certification upon Consent Election,, cppy
of which is annexed hereto and made part hereof.
X. The entire agreement between the parties is contained
within the terms of this instrument and there is no further
agreement of any kind which varies, alters or adds to this
Stipulation. ,
XI. This Stipulation is subject to the approval_of the National
Labor Relations Board and shall become effective immediately
upon such. approval, and shall be null and void and•,shall -not 'be
used for any purpose upon the denial by the Board of such
approval.
HORTON WIPING MATERIALS CO-., INC. 411,
XII. The first amended,charge, complaint, notice of hearing,
the-answers'of the Respondent and, Local 445 to said complaint,
and this Stipulation, shall be filed with the office of, the Chief
Trial Examiner in Washington, D. C. and when so filed and ap-
proved by the'Board shall constitute the entire record of,-this
proceeding.
On August 5, 1942, the Board issued its order approving the above
stipulation, making it a part of the record in the case,and transferring
theproceeding.to`tlie Board for the pttrpose,of entr-y'of a,decision and
order by the Board 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
Horton Wiping Materials Co., Inc., a New York corporation, having
its principal place of business at Brooklyn, New York, is engaged in
the manufacture, sale, and' 'distribtltion' of wiping materials. The
principal raw materials used by the respondent in the manufacture of
its products,are rags. During the year 1941, the respondent pur-
chased approximately $200,000 worth of such raw materials, all of
which were shipped from places within the State of New York to the
respondent's Brooklyn plant. During the same period, the respond-
ent's sales totaled approximately $300,000. Approximately 75 per-
cent of its finished products was shipped by the respondent to places
outside the State of New York. The respondent admits that it is en-
gaged in commerce within the meaning 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, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that Horton Wiping Materials Co., 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 their,
'
rig4ts to, self-organization, to form,
join or assist a labor organization, to bargain collectively through
representatives of their own choosing and to engage in concerted ac-
412 DECISIONS OF,NATIONAL,.LABOR RELATIONS BOARD
tivities for the purpose-of collective bargaining or other mutual aid
or protection, as guaranteed by. Section 7 of the National Labor
Relations Act;
(b), Recognizing the Waste Material Sorters, Trimmers & Handlers'
Union, Local 445, of the International Hod-Carriers,' Building and
Common Laborers' Union of America, A. F. L., as the exclusive rep-
resentative of its employees; , or-any, appropriate unit thereof, for the
purpose of collective bargaining, unless and until that organization,
shall have been certified as such by the National Labor Relations,
Board ; ,
-(c) Giving effect to the contract dated`November 7,' 1941, between
the respondent and Local 445, or any extension, renewal, modification
or supplement thereof, or to any'superseding agreement or contract;
(d) Discouraging, membership in the Textile Workers Union of
America, Greater New York Joint Board, C. I. 0., or in any other
labor organization of its employees by discriminating in regard to
their hire and tenure of employment or any term or-condition of their'
employment. ' ' '
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act : '
(a) Withhold all recognition from Local 445 as the exclusive repre-
sentative of its employees, or any' appropriate' unit thereof, for the
purposes of dealing with it concerning grievances', labor disputes,
wages, rates of pay, hours of employment or other conditions of em-
ployment, unless and until that organization shall have been certified
as such by the National Labor Relations Board;
(b) Offer to Regino Megill, Carmen Madero and Antonia Cordero
immediate and full reinstatement to -their former or substantially
equivalent positions, without prejudice to -their seniority or other
rights and privileges;
(c) Make whole Regino Megill, Carmen Madero and Antonia Cor-
dero for any loss of pay they may have suffered by reason of the re-
spondent's discrimination in regard to their hire and tenure of em-
ployment by payment of the sum of $595.07 to the Regional Director
of the Second Region of the National Labor Relations Board for
disbursement by said Regional Director or her agents to the aforesaid
parties; - ,
(d) 'Immediately post notices in conspicuous places throughout its
Brooklyn plant and maintain such notices for a period of at least
sixty (60) days consecutively from the date' of its posting, stating
(1) that the respondent will not engage in the conduct from which it
is ordered that it cease' and,desist in paragraphs 1 (a), (b), (c) and
(d) of this Order; 'and (2) that, the respondent will take the
HORTON WIPING MATERIALS COQ., INC. 413
affirmative action set forth in paragraphs 2 (a), (b) and (c) of this
Order; • _
(e) Notify the Regional Director for the Second Region in writing
within twenty -(20) days of the date of this Order what steps
respondent has taken to comply therewith.
IT Is FURTHER ORDERED that the complaint, insofar as it alleges that
the respondent engaged in unfair labor practices within the-meaning
of Section 8, subdivision (5) be; and the same hereby is dismissed.