I. Libowitz

National Labor Relations Board - Board Decisions

Apr 29, 1938

6 N.L.R.B. 824 (N.L.R.B. 1938)

In the Matter of I. LIBOwITz and WHOLESALE DRY GOODS
EMPLOYEES UNION
Case No. C--534.-Decided April 29, 1938
Hosiery Industry-Settlement : oral stipulation providing for reinstatement
of employees and payment of back pay-Order : entered on stipulation.
Mr. Mark Lauter, for the Board.
Mr. Isadore Libowitz, of New York City, for the respondent.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On July 1, 1937 , Wholesale Dry Goods Employees Union , herein
called the Union, filed a charge with the Regional Director for the
Second Region (New York City) against I. Libowitz, 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 the National Labor Relations Act, 49 Stat . 449, herein
called the Act.
On December 2, 1937, the said Regional Director issued a com-
plaint and accompanying notice of hearing, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices affect-
ing commerce , within the meaning of Section 8 ( 1) and ( 3) and Sec-
tion 2 (6) and (7) of the Act. On the same date the Regional Di-
rector issued an amended notice of hearing. Copies of the complaint,
notice of hearing, and amended notice of hearing were duly served
upon the respondent and the Union . The respondent did not file an
answer to the complaint.
Pursuant to notice , a hearing was held at New York City on
December 9 , 1937, before Joseph L. Maguire , the Trial Examiner duly
designated by the Board. The Board was represented by counsel.
The respondent appeared in person . The Union was not represented.
Full opportunity to be heard , to examine and to'cross -examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties.
824
DECISIONS AND ORDERS 825
On December 9, 1937, counsel for the Board and the respondent
entered into a written stipulation concerning the nature and scope
of the respondent's business. This stipulation was admitted to the
record at the hearing without objection.
On the same date during the hearing, counsel for the Board and
the respondent entered into an oral stipulation, which became part
of the record, concerning an order which the Board might enter in
the case: The hearing was then adjourned.
On April 23, 1938, pursuant to Article II, Section 37, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, the Board issued an order transferring the proceeding to
the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS, OF FACT
1. THE BUSINESS OF THE RESPONDENT
1. Libowitz is an individual doing business as an independent mill
agent in the hosiery industry. His place of business is located in
New York City. In the course of his business the respondent obtains
samples of hosiery from various mills located principally in the State
of North Carolina and obtains orders for hosiery from customers
located in every State. All billing for the shipments of such mer-
chandise from the mills to customers is done directly by the re-
spondent. Ninety per cent of the hosiery sold through the respondent
is shipped by the manufacturer to customers located at points out-
side the particular State in which the manufacturer is located. The
other ten per cent is shipped from the mills to the respondent and
stocked in New York City and later is shipped by the respondent
to customers located principally in the State of New York. Seventy-
five per cent of the hosiery ordered by the respondent is shipped
from mills located in the State of North Carolina.
We find that the respondent's operations at his New York City
plant constitute a continuous flow of trade, traffic, and commerce
among the several States.
H. THE BASIS OF THE SETTLEMENT
The stipulation as to the order the Board might enter in the case
provides as follows :
It is hereby stipulated and agreed by and between Mark
Lauter, Attorney for the National Labor Relations Board, and
I. Libowitz, the Respondent, in the matter of I. Libowitz and
Wholesale Drygoods Employees Union, that the Respondent
herein agrees that he is engaged in commerce within the meaning
826 NATIONAL LABOR L'ELAT10NS BOARD
of Section Two of the National Labor Relations Act, and stipu-
lates that he will not contest the jurisdiction of the Board in
this proceeding, or in any court, and further stipulates that each
and every allegation contained in the Complaint which is incor-
porated and made a part of the proceedings herein, is true and
accurate. The Respondent agrees that the two employees whose
names are set forth in the Complaint and who are known as
Eugene Goldberg and Sol 1V arodowitz, who were, on or about
June 30, 1937, discharged from the employ of the Respondent, _
shall be reinstated in the employ of the Respondent, with back
wages from that date.
It is further stipulated and agreed that on or about July 22,
1937, the Wholesale Dry Goods Employees Union, which organi-
zation did file the charge in this proceeding, did change its name
to the United Wholesale Employees of New York, Local No. 65,
of the Textile Workers Organizing Committee, affiliated with
the Committee for Industrial Organization, and that said United
Wholesale Employees of New York, Local No. 65, has the same
offices, the same constitution, the same contracts with employers,
the same headquarters and the same personnel as the Wholesale
Dry Goods Employees Union, except that said Wholesale Dry
Goods Employees Union changed its name to the United Whole-
sale Employees of New York, Local No. 65, and is now affiliated
with the Committee for Industrial Organization, and that in
this proceeding an order may be entered in the name of the
United Wholesale Employees of New York, Local No. 65, of the
Textile Workers Organizing Committee, affiliated with the Com-
mittee for Industrial Organization, in the stead of, and in place
of the Wholesale Dry Goods Employees Union; and the Com-
plaint is hereby amended to provide a substitution of the said
United, Wholesale Employees of New York, Local No. 65, for
the Wholesale Dry Goods Employees Union.
ORDER
Upon the basis of 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, I. Libowitz, New York City, and his agents, succes-
sors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in United Wholesale Employees of
New York, Local No. 65,1 or in any other labor organization of his
'
In the stipulation it-was agreed that an older might be entered by the Board in the
name of the United Wholesale Employees of New Yolk, Local No 65.
DECISIONS AND ORDERS 827
employees , by discriminating in regard to hire or tenure of employ-
ment or any term or condition of employment;
(b) In any other manner interfering with, restraining , or coerc-
ing,his 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 purposes 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 the Board finds will
effectuate the policies of the Act :
(a) Offer Eugene Goldberg and Sol Narodowitz immediate and
full reinstatement to their former positions without prejudice to
their seniority rights and other rights and privileges ;
(b) Make whole Eugene Goldberg and Sol Narodowitz for any
loss of pay which they may have suffered by reason of their dis-
charge, by payment to each of them of a sum of money equal to
that which , he normally would have earned as wages from June 30,
1937, the date of his discharge , to the date of such offer of reinstate-'
ment, less the amount, if any , which he may have earned during
said period;
(c) Immediately post notices in conspicuous places throughout its
plant and maintain such , notices for a period of thirty '(30) consecu-,
tive days stating that the respondent will cease and desist as afore
said;
(d) Notify the Regional Director for the Second Region in writ-
ing within ten (10 ) days from the date of this order what steps the
respondent has taken to comply herewith.