Jacob Finklestein & Sons

National Labor Relations Board - Board Decisions

Sep 9, 1938

8 N.L.R.B. 1051 (N.L.R.B. 1938)

In the Matter of JACOB FINKELSTEIN, NOAH FINKELSTEIN AND
ROBERT FINKELSTEIN, DOING BUSINESS UNDER THE TITLE AND
FIRM NAME OF JACOB FINKELSTEIN & SONS and INTERNATIONAL
LADIES GARMENT WORKERS UNION, LOCAL 233, AFFILIATED WITH
THE C. I. O.
Case No. C-758.-Decided September 9, 1938
Wearing Apparel Manufacturing Industry-Settlement: agreement to com-
ply with the Act-Order: entered on stipulation.
Mr. Bernard J. Donoghue, for the Board.
Mr. Morris E. Yarnas, of Woonsocket, R. I., for the respondent.
Mr. William Ross, of Pawtucket, R. I., for the Union.
Mr. Abraham L. Kamninstein, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Ladies Garment Workers Union, Local 233, affiliated with the
C. I. 0., herein called the Union, the National Labor Relations
Board, herein called the Board, by A. Howard Myers, Regional
Director for the First Region (Boston, Massachusetts), issued its
complaint dated July 9, 1938, against Jacob Finkelstein, Noah Fin-
kelstein and Robert Finkelstein, doing business under the title and
firm name of Jacob Finkelstein & Sons, Woonsocket, Rhode Island,
herein called the respondent. The complaint and an amendment to
the complaint, and notice and postponement of notice of hearing
thereon were duly served upon the respondent and upon the Union.
The complaint as amended alleged, in substance, that the respond-
ent had interrogated and questioned its employees as to their affilia-
tion with or membership in the Union and caused its employees to
sign a declaration to the'effect that they were satisfied with condi-
tions of employment and did not desire to be represented by the
Union for the purposes of collective bargaining; that the respond-
ent, by threats, coercion, and intimidation, had interfered with the
8 N. L. R . B., No. 130.
1051
1052 NATIONAL LABOR RELATIONS BOARD
exercise of the rights guaranteed to its employees in Section 7 of
the Act and had thereby discouraged membership in the Union; that
the respondent, with the intention of interfering with the self-organi-
zation of its employees, had distributed ballots and conducted a
private election among its employees, requesting them to vote on
whether they desired to deal directly with the respondent or wanted
the Union to represent them in such dealings; that the respondent
spied upon and kept under surveillance employees at union meetings;
and that by these and other acts the respondent had engaged in and
was engaging in unfair labor practices affecting commerce within
the meaning of Section 8 (1) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On July 12, 1938, the respondent filed with the Regional Director
a motion to dismiss the complaint, which he denied. The ruling is
hereby affirmed. On July 21, 1938, the Board ordered that this case
be severed from another proceeding with which it had at first been
consolidated for the purpose of hearing. On July 16, 1938, repre-
sentatives of the Board, the respondent and the Union entered into
a stipulation waiving_a hearing and setting forth the facts concern-
ing the nature and scope of the respondent's business and the terms
of an order which the Board might enter in the case upon its ap-
proval of the stipulation. On July 18, 1938, this stipulation, the
amended charge, the complaint, and" amendment to complaint, the
notice of hearing, and National Labor Relations Board Rules and
Regulations-Series 1, as amended, and proof of service thereof were
filed by agreement of the parties with the Chief Trial Examiner of
the Board at Washington, D. C., and thereby became part of the
record in the case.
On July 21, 1938, pursuant to Article II, Section 37, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
the Board duly issued its order approving the stipulation and ordered
that the proceeding be transferred to and continued before the Board
for the purpose of entry of a decision and order.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is and has been since January 11, 1928, a partner-
ship formed by Jacob Finkelstein, Noah Finkelstein, and Robert
Finkelstein, doing business under the title and firm name of Jacob
Finkelstein & Sons. The respondent has its principal office and
place of business in Woonsocket, Rhode Island, and is engaged in the
manufacture, sale, and distribution of a general line of raincoats,
DECISIONS AND ORDERS 1053-
jackets, mackinaws , sportswear , and other products . In the course
and conduct of its business and in the operation of its Woonsocket
plant the respondent has caused large quantities of raw materials
consisting of cotton , woolen, silk and other cloth, rubberized fabrics,
rubber and rubber products , buttons, thread , glue, cord , twine, vari-
ous kinds of fabricated metals, and other materials used by it in the
manufacture of its finished products to be purchased and transported
in interstate commerce from and through States other than the State
of Rhode Island to its Woonsocket plant. During the calendar year
ending December 31, 1937, approximately 90 per cent of the raw
materials used at the Woonsocket plant of the respondent were re-
ceived or imported from States other than the State of Rhode Island.
The respondent has caused large quantities of its -finished prod-
ucts, including raincoats , jackets, mackinaws , sportswear , and miscel-
laneous other products manufactured and produced by it, to be sold,
transported , and distributed in interstate commerce from its Woon-
socket plant to, into and through States of the United States other
than the State of Rhode Island. During the calendar year ending
December 31 , 1937, the net sales of respondent amounted to approxi-
mately $600 ,000, and approximately 90 per cent of the products man-
ufactured by the respondent at its Woonsocket plant were shipped
and exported out of the State of Rhode Island to States other than
Rhode Island.
We find that the respondent 's operations at the Woonsocket, Rhode
Island, plant constitute a continuous flow of trade , traffic, and com-
merce among the several States.
H. THE BASIS OF THE SETTLEMENT
The above -mentioned stipulation provides , in part, as follows :
It -is hereby stipulated and agreed by and between the Re-
spondent, the Union, and Bernard J. Donoghue, attorney for
the Board as follows :
1. The Respondent is and has been since January 11, 1928 a
partnership duly formed by Jacob Finkelstein , Noah Finkelstein
and Robert Finkelstein , doing business under the title and firm
name of Jacob Finkelstein & Sons, and duly registered in the
office of the City Clerk, City of Woonsocket, County of Provi-
dence, State of Rhode Island, having its principal office and
place of business in the City of Woonsocket , County of Provi-
dence, State of Rhode Island, and is now and has continuously
been engaged ' in the operation of plant in the City of Woon-
socket, County of Providence , State of Rhode Island ( herein-
often called the Woonsocket Plant ) in the manufacture, sale and
1054 NATIONAL LABOR RELATIONS BOARD
distribution of a general line of raincoats, jackets, mackinaws:
sportswear and other products.
2. The Respondent, in the course and conduct of its business
and in the operation of its Woonsocket Plant, causes and has
continuously caused large quantities of cotton, woolen, silk, and
other cloth, rubberized fabrics, rubber and rubber products, but-
tons, thread, glue, cord, twine, various kinds of fabricated metals,
and other materials and products used by it in the manufacture
of its finished products, to be purchased and transportation [sic]l
in interstate commerce from and through states of the United.
States other than the State of Rhode Island, including Massa-
chusetts, North Carolina, Maine, New Jersey, New York, Geor-
gia, and Tennessee, to the Woonsocket Plant in the State of
Rhode Island, and causes and has continuously caused large
quantities of its finished products, including raincoats, jackets,
mackinaws, sportswear and miscellaneous other products manu-
factured and produced by the Respondent to be sold, transported
and distributed in interstate commerce from the Woonsocket
Plant in the State of Rhode Island to, into and through states
of the United States other than the State of Rhode Island,
including Massachusetts, North Carolina, South Carolina,
Virginia, West Virginia, Maine, New Hampshire, and Vermont,
and other states.
3. During the calendar year ending December 31, 1937, the net
sales of the Respondent amounted to approximately $600,000.00.
During this period of one year approximately 90% of the raw
materials used at the Woonsocket Plant of the Respondent were
received or imported from states other than the State of Rhode
Island, and approximately 90% of the products manufactured
by the Respondent at the Woonsocket Plant were shipped or
exported out of the State of Rhode Island to states other than
the State of Rhode Island. The Respondent admits that it is
engaged in interstate commerce and agrees not to contest the
jurisdiction of the Board- in this proceeding.
4. The Union is a labor organization as defined in, Section 2,
Subsection (5) of the Act.
5. The Respondent and its officers, agents, successors, and
assigns shall:
(a) Cease and desist from discouraging membership in the
International Ladies Garment Workers Union, Local 233, affili-
ated with the Committee for Industrial Organization, by discrimi-
nating against its employees in regard to hire or tenure of
employment or terms or conditions of employment;
(b) Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their
DECISIONS AND ORDERS 1055
right to organize, 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 for their mutual aid or protection, as
guaranteed in Section 7 of the National Labor Relations Act;
(c) Immediately post notices on its bulletin boards, signed for
and in behalf of the Respondent by its duly authorized agent,
and in conspicuous places throughout Respondent's Woonsocket
Plant, and maintain such notices for a period of thirty con-
secutive days, incorporating in said notices Paragraph 5 (a) and
(b) hereof, and using the name of Jacob Finkelstein & Sons
instead of the word Respondent in said notice, and shall notify
the Regional Director of the Board at Boston, Massachusetts in
writing within forty (40) days from this date of its compliance
with the terms of this Stipulation.
6. The Respondent and the Union waive all rights to a Hearing
as set forth in Section 10 (b) and Section 10 (c) of the Act.
7. This Stipulation, together with the Amended Charge, the
Complaint, the Notice of Hearing, the Rules and Regulations
of the_Board, the Amendment to Complaint, and Proof of Serv-
ice Thereof, may be introduced as evidence by filing them with
the Chief Trial Examiner of the Board in Washington, D. C.
8. Upon this Stipulation, if approved by the National Labor
Relations Board, an order may forthwith be entered by the
National Labor Relations Board and by the appropriate Circuit
Court of Appeals waiving further notice of the application
therefor, incorporating the terms of Paragraph 5, subparagraphs
(a), (b) and (c) hereof.
ORDER
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, Jacob Finkelstein, Noah Finkel-
stein and Robert Finkelstein, doing business under the title and firm
name of Jacob Finkelstein & Sons, Woonsocket, Rhode Island, and its
officers, agents, successors, and assigns, shall:
1. Cease and desist :
(a) From discouraging membership in the International Ladies
Garment Workers Union, Local 233, affiliated with the Committee
for Industrial Organization, by discriminating against its employees
in regard to hire and tenure of employment or terms or conditions
of employment;
1056 NATIONAL LABOR RELATIONS BOARD
(b) From in any manner interfering with, restraining, or coercing
its employees in the exercise of their right to organize, to form, join,
or assist labor organizations, to bargain collectively through repre-
sentatives of their own choosing, and to engage in concerted activities
for the purpose of collective bargaining for their mutual aid or
protection, as guaranteed in Section 7 of the National Labor Rela-
tions Act. -
2. Take the following affirmative action which the Board finds will
effectuate the policies of the National Labor Relations Act:
(a) Immediately post notices on its bulletin boards, signed for
and in behalf of the respondent by its duly authorized agent, in con-
spicuous places throughout its Woonsocket plant and maintain such
notices for a period of thirty (30) consecutive days, incorporating
in said notices paragraphs 1 (a) and (b) above and using the name
of Jacob Finkelstein & Sons instead of the word respondent in said
notices ;
(b) Notify the Regional Director of the National Labor Relations
Board for the First Region in writing, within forty (40) days from
the date of the signing of the stipulation, of its compliance with the
terms of the stipulation.
Mr. EDWIN S. SMITH took no part in the consideration of the above
Decision and Order.