J. P. Fischer, Inc.

National Labor Relations Board - Board Decisions

Mar 26, 1940

21 N.L.R.B. 1096 (N.L.R.B. 1940)

In the Matter of J. P. FISCHER, INC. and LOCAL 1224, UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. C-1503.-Decided March 06, 1940
Beauty Parlor Machinery Manutacturoig Industry-Settlement : stipulation
providing for compliance with the Act-Order: entered on stipulation.
Mr. Richard J. Hickey, for the Board.
Mr. Norman L. Marks, of New York City, for the respondent.
Mr. Frank Scheiner and Mr. Abraham A. Burdick, of New York
City, for the Union.
Mr. Theodore W. Kheel, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 1224, United
Electrical, Radio & Machine Workers of America, affiliated with the
Congress of Industrial Organizations, herein called the Union, the
National Labor Relations Board, herein called the Board, by Elinore
M. Herrick, Regional Director for the Second Region (New York
City), issued a complaint dated July 10, 1939, against J. P. Fischer,
Inc., New York City, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor practices
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 notice of
hearing thereon were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in sub-
stance, that the respondent (1) refused to bargain collectively with
the Union although a majority of the respondent's employees in an
appropriate unit had designated the Union as their representative for
the purposes of collective bargaining; (2) urged and warned its
employees to refrain from joining or retaining membership in the
Union; (3) exercised surveillance over the union activities of its em-
21 N. L. R. B., No. 108.
1096
-J. -P: FISCHER; INC.-
ployees; (4) caused its employees, by the acts above set forth, to go out
and remain out on strike (5) discharged and refused to reinstate
Nathan Abramowitz, Alexander Evanoff, and John Zella because they
joined and assisted the Union; and (6) by the foregoing and other
acts interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act. On July 22,
1939, the respondent filed its answer to the complaint, in which it ad-
mitted certain facts with respect to its business but denied that it
had engaged in the alleged unfair labor practices.
On February 26, 1940, the respondent and counsel for the Board
entered into a stipulation in settlement of the case. This stipula-
tion provides as follows :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and among J. P.
Fischer, Inc., hereinafter called the Respondent; Local #1224,
United Electrical, Radio & Machine Workers of America, C. I. 0.,
hereinafter called the Union; 1 and Richard J. Hickey, Attorney
for the National Labor Relations Board:
WHEREAS, the Union is a labor organization within the mean-
ing of Section 2 [ (5) ] of the National Labor Relations Act, and
WHEREAS, a third amended charge in the above-captioned pro-
ceeding was duly filed by the Union with the National Labor
Relations Board, hereinafter called the Board, on April 7, 1939,
and
WHEREAS, a complaint and Notice of hearing in the above-
captioned proceeding were duly issued 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, and pursuant to Article II, Section 5, and Article IV, Sec-
tion 1 of the National Labor Relations Board Rules and Regu-
lations, Series 2, and
WHEREAS, the respondent has filed an answer to said com-
plaint denying the charges against it therein contained, and
WHEREAS, the parties . desire to adjust, settle and dispose of the
matters in issue among themselves in accordance with the pro-
visions of this stipulation,
Now, THEREFORE, IT IS IIEREBY STIPULATED AND AGREED :
I. Respondent is a domestic corporation incorporated Novem-
ber 15, 1933, under the laws of the State of New York and doing
business under and by virtue of those laws, having its principal
place of business and factory at 65 Bleecker Street, New York,
'The stipulation was not signed by the Union
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
New York, where respondent carries on the business of assem-
bling and distributing machinery which is used in the beauty.
parlor industry. The parts assembled by the respondent at its
plant consist of motors, steel tubing, castings, stampings, screw
machine parts, spinnings and electric cord.
Respondent annually purchases parts for which it pays ap-
proximately $50,000. Approximately 75 per cent of the parts
used by the respondent are purchased by it outside of the State
of New York and are shipped to its plant from points outside of
the State of New York.
The respondent's annual sales amount to approximately $150,-
000. The Respondent sells and ships 75 percent of its finished
products to. purchasers who are located outside the State of New
York. The respondent- admits that it is engaged in interstate
commerce within the meaning of Section 2, sub-division (6) and
(7) of the National Labor Relations Act, 49 Stat. 449.
II. The respondent waives all further or other procedure pro-
vided by the National Labor Relations Act or the Rules and
Regulations of the Board, including the making of Findings of
Fact and Conclusions of Law.
III. It is understood and agreed that the entering into this
stipulation and the consenting to the order and the decree re-
ferred to herein are not to be construed as an admission by said
J. P. Fischer, Inc. and that it has been guilty of any of the acts,
from the performance of which the said order and decree direct
that it shall cease and desist.
IV. Upon the basis of the facts stipulated in paragraph I
above of this stipulation, and by agreement with the parties
hereto, the Board may enter its Order in the following form in
the above-captioned case :
ORDER
On the basis of this stipulation and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that J. P. Fischer, Inc., its officers,
agents, successors and assigns, shall :
1. Cease and desist :
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-
organization, to form, join or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purposes of collec-
tive bargaining or other mutual aid or protection as guaranteed in
Section 7 of the National Labor Relations Act;
J. P. FISCHER, INC. 1099
(b) From discouraging membership in Local #1224, United
Electrical , Radio and Machine Workers of America, C. I. O.
or any other labor organization of their [its ] employees by look-
ing [locking] out or in any manner discriminating against their
[its] employees in regard to their hire or tenure of employment
or condition of employment of any of their [its ] employees by
reason of their membership in Local # 1224 , United Electrical,
Radio and Machine Workers of America , C. I. O.
2. Take the following affirmative action which will effectuate
the policies of the Act :
(a) Make whole Nathan Abramowitz , John Zella and Alex-
ander Evanoff for any losses of pay they may have suffered by
reason of the Respondent 's discrimination in regard to their hire
or tenure of employment by payment to Nathan Abramowitz the
sum of fifty dollars ($50), to John Zella the sum of thirty dol-
lars ($30), and to Alexander Evanoff the sum of seventy
dollars ($70).
(b) Post immediately in a conspicuous place in its plant and
maintain for a period of at least sixty (6) [(60)] consecutive
days a copy of this Order;
(c) Notify the Regional Director for the Second Region in
writing within ten (10 ) days from the date of this Order of the
steps Respondent has taken to comply therewith.
And it is hereby ordered that the other allegations in the
complaint shall be dismissed.
V. It is further understood and agreed that in the event that
within ninety ( 90) days after the entry of this Order the Union
shall file a petition for investigation and certification with the
Regional Director of the Board for the Second Region as repre-
sentative of the Respondent 's employees in a unit consisting of all
the Respondent 's production, shipping and stock employees in its
plant located at 65 Bleecker Street, New York, New York, ex-
clusive of executives , foremen and office help, the Respondent
will consent to the conduct of an election among such employees
whose names appear upon ' the payrolls of the Respondent for
January, February , March and April 1940 to determine their
desires for representation . Said election would be conducted
by the Regional Director of the Board for the Second Region in
accordance with procedure followed by that office.
VI. The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate Circuit upon
application of the National Labor Relations Board of a Consent
Decree enforcing the Order of the National Labor Relations
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board into the form hereinabove set forth and hereby waives
further notice of the application for such decree. A copy of said
Decree shall be served upon the Respondent.
VII. The entire agreement is contained within the terms of this
stipulation and there is no verbal agreement of any kind which
varies, alters or adds to the stipulation.
VIII. It is understood and agreed that this stipulation is sub-
ject to the approval of the National Labor Relations Board and
shall become effective immediately upon the granting of such
approval, and shall be null and void and not be used for any
purpose upon the denying of such approval.
On March 11, 1940, the Board approved the stipulation of Febru-
ary 26, 1939, ordered that it be made a part of the record in the case,
and that the case be transferred to and continued before the Board
for the purpose of entry of a decision and order pursuant to such
stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
J. P. Fischer, Inc., a New York corporation, is engaged in the
business of assembling and distributing machinery for use in the
beauty-parlor industry. Its principal place of business and factory
are located in New York City. The following parts are used by the
respondent in assembling machinery : motors, steel tubing, castings,
stampings, screw machine parts, spinnings, and electric cords. The
respondent annually expends approximately $50,000 for such parts;
75 per cent of the parts purchased are shipped to the respondent's
plant from points outside the State of New York. The respondent
annually sells finished products amounting in value to approximately
$150,000, of which approximately 75 per cent are sent to purchasers
located outside the State of New York.
The respondent admits that it is engaged in commerce within the
meaning of Section 2 (6) and (7) of the Act.
We find that the activities of the respondent alleged in the com-
plaint, occurring in connection with the operations of the respondent
described above, have a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tend to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce. `
J. P. FISCHER, INC.
ORDER
1101
Upon the basis of the above findings of fact, 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, J. P. Fischer, Inc., New. York
City, and 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 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, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in Local 1224, United Electrical,
Radio & Machine Workers of America, C. I. 0., or any other labor
organization of its employees by locking out or in any manner dis-
criminating against its employees in regard to their hire or tenure
of employment or conditions of employment of any of their em-
ployees by reason of their membership in Local 1224, United Electri-
cal, Radio & Machine Workers of America, C. I. O.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Make whole Nathan Abramowitz, John Zella, and Alexander
Evanoff for any losses of pay they may have suffered by reason of
the respondent's discrimination in regard to their hire or tenure of
employment by payment to Nathan Abramowitz the sum of fifty
dollars ($50), to John Zella the sum of thirty dollars ($30), and to
Alexander Evanoff the sum of seventy dollars ($70) ;
(b) Post immediately in a conspicuous place in its plant and
maintain for a period of at least sixty (60) consecutive days a copy
of this Order;
(c) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this Order of the steps the
respondent has taken to comply therewith.
AND IT is FURTHER ORDERED that the other allegations of the com-
plaint be, and they hereby are, dismissed.