I. Spiewak & Sons

National Labor Relations Board - Board Decisions

Nov 26, 1946

71 N.L.R.B. 770 (N.L.R.B. 1946)

In the Matter of HENRY E. SPIER AK, PHILIP SPIEWAK, AND SAM R.
SPIEWAK , COPARTNERS DOING BUSINESS AS I. SPIEWAK & SONS and
THE AMALG AMATED CLOTHING WORKERS OF AMERICA and THE
GOLDEN FLEECE ASSOCIATION. PARTY TO THE CONTRACT
Case No. 2-C -550I.-Decided November 26, 1.946
Mr. Daniel Baker, for the Board.
Chambers cC Chdrnbe"rs, by MV. Gerald H. Chdrnbers, of New York
City, for the respondents.
Mr. James P. Murphy, of New York City, for the Amalgamated.
Mr. Joseph M. Goldstein, of North Bergen , N. J., for the Association-
Mr. Julius Topol, of counsel to the Board.
DECISION
AND
ORDER
On June 11, 1946, Trial Examiner Frederic B. Parkes, II, issued
his Intermediate Report in the above-entitled proceeding, finding that
the respondents had' engaged in and were engaging in cer-tain unfair
labor practices and recommending that they cease and desist there-
from and take certain affirmative action, as set forth in the copy of
the Intermediate Report attached hereto. Thereafter, the respond-
ents and the Association filed exceptions to the Intermediate Report
and supporting briefs.
The Board has reviewed the rulings of the Trial Examiner at the
hearing and finds that no prejudicial error was committed . The rul-
ings are hereby affirmed. The Board has considered the Intermediate
Report, the exceptions and briefs, and the entire record in the case,
and hereby adopts the findings,' conclusions, and recommendations of
the Trial Examiner with the following exceptions , additions, and
nmodifications :
1. The Trial Examiner found that the respondents refused to bar-
gain with the Amalgamated on and after March 14, 1944, in violation
of Section 8 (5) of the Act. With this finding we do not agree,
although the record shows, contrary to the respondents' contention,
that the Amalgamated then held designation cards executed by a nu-
niericaj majority of the employees in an appropri