Joseph H. Meyer & Brothers

National Labor Relations Board - Board Decisions

Nov 8, 1938

9 N.L.R.B. 695 (N.L.R.B. 1938)

In the Matter of JOSEPH H. MEYER & BROTHERS and AMERICAN FED-
ERATION OF WHOLESALE DRY GOODS & NOTION EMPLOYEES' UNION
LOCAL No. 21315
Case No. C-655.-Decided November 8, 1938
Jewelry and Notions Manufacturing Industry-Settlement: stipulation provid-
ing for payment of a certain sum to three employees, withdrawal of recognition
from and termination of contract with company-sponsored union-Order: entered
on stipulation-Discrimination: charges of , dismissed as to nine employees.
Mr. Christopher W. Hoey, for the Board.
Mr. Benjamin C. Ribman, of New York City, for the respondent.
Mr. Murray Frank, of New York City, for the Union.
Miss Margaret M. Farmer, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by American Fed-
eration of Wholesale Dry Goods & Notion Employees' Union Local
No. 21315, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Second Region (New York City), issued a complaint dated Decem-
ber 29, 1937, against Joseph H. Meyer & Brothers, 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), (2), (3), and (5) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. A copy of the complaint and a notice of hear-
ing thereon were duly served upon the respondent, upon the Union,
and upon Collective Bargaining Committee of Joseph H. Meyer &
Brothers Employees. Concerning the unfair labor practices, the com-
plaint alleged in substance that the respondent had discharged and had
refused to reinstate 10 named employees because of their membership
in and activity on behalf of the Union; that respondent had spon-
sored the formation and had dominated the administration of Collec-
tive Bargaining Committee of Joseph H. Meyer & Brothers Em-
9 N. L. R . B., No. 65.
695
696 NATIONAL LABOR RELATIONS BOARD
ployees; that the respondent had refused to recognize as bargaining
agent or to bargain collectively with the Union although said Union
had at all times since November 1, 1937, represented a majority
of the respondent's employees within an appropriate unit; and that
the respondent had by other acts interfered with, restrained and co-
erced its employees in the exercise of their rights guaranteed in Sec-
tion 7 of the Act. On January 6, 1938, the respondent filed an
answer to the complaint in which it denied that it was engaged in
operations affecting commerce and further denied the material allega-
tions of the complaint relating to the unfair labor practices.
Pursuant to notice, a hearing was held in New York City on April
13, 21, 22, 23, May 5, 6, 7, 13, 14, and 18, 1938, before George Bokat,
the Trial Examiner duly designated by the Board. The Board, the
Union, and the respondent were represented by counsel and partici-
pated in the hearing. During the course of the hearing, the Trial
Examiner granted motions of the attorney for the Board to amend
the complaint in order to add the name of one employee to those
allegedly discharged and refused reinstatement by the respondent,
and in order to correct the units in which and the date upon which
the Union claimed to represent a majority of the employees. The
Trial Examiner also granted motions by the attorney for the Board
to dismiss the complaint in respect to six of the employees alleged to
have been discriminatorily discharged and refused reinstatement.
On May 14, 1938, the Trial Examiner granted the attorney for the
Union permission to withdraw the charge alleging a violation of
Section 8 (5) of the Act. These rulings are hereby affirmed.
On May 18, 1938, the respondent, the Union, and the Regional
Director entered into the following stipulation.
STIPULATION
The allegations in the complaint covering an alleged violation
of Section 8 (5) of the National Labor Relations Act, having on
consent of the undersigned union, been dismissed; now, there-
fore, in settlement of this case, Joseph H. Meyer & Brothers,
American Federation of Wholesale Dry Goods & Notion Em-
ployees' Union Local #21315, and National Labor Relations
Board, Second Region, through its Regional Director, agree as
follows :
1. Joseph H. Meyer & Brothers at its Brooklyn Plant, located
in the Borough of Brooklyn, City and State of New York, shall
cease and desist :
(a) From interfering with, restraining or coercing its em-
ployees in the exercise of the right to self-organization, to form,
and join, or assist labor organizations, to bargain collectively
DECISIONS AND ORDERS 697
through representatives of their own choosing, and to engage in
concerted activities for the purposes of collective bargaining or
other mutual aid or protection.
(b) From dominating or interfering with the formation or
administration of any labor organization and from contributing
support of any kind to any labor organization.
(c) From discouraging membership in American Federation
of Wholesale Dry Goods & Notion Employees' Union Local
#21315, or any other labor organization, by discrimination in
regard to hire and tenure of employment or any term or condi-
tion of employment.
2. That Joseph H. Meyer & Brothers will take the following
affirmative action in order to effectuate the policies of the Na-
tional Labor Relations Act :
(a) Withdraw all recognition at its Brooklyn Plant, located
in the Borough of Brooklyn, City and State of New York, from
Collective Bargaining Committee of Joseph H. Meyer & Broth-
ers, Inc., as representative of its employees at said Brooklyn
Plant for the purpose of dealing with said Joseph H. Meyer &
Brothers concerning grievances, labor disputes, wages, rates of
pay, hours of employment, or conditions of work, and completely
disestablish said Collective Bargaining Committee of Joseph H.
Meyer & Brothers, Inc., as such representative.
(b) For the purpose of making whole Betty Holt, May Val-
lone, and Rose Pizzo, and each of them for any losses of pay they
have suffered by reason of respondent's alleged refusal to rein-
state them at the end of the strike of November 11, 1937, through
November 29, 1937, pay to the Regional Director for the Second
Region for distribution to the said employees the sum of Thirty
($30.00) Dollars.
(c) Personally inform, in writing, each and every one of its
employees who has entered into the individual contract of em-
ployment arising out of the formation of the Collective Bargain-
ing Committee of Joseph H. Meyer & Brothers, Inc., that such
contract will be discontinued as a term or condition of employ-
ment and will in no manner be enforced or attempted to be
'enforced. I
(d) Post notices in conspicuous places throughout its Brook-
lyn Plant stating :
(1) That respondent will cease and desist as provided above;
(2) That such notices will remain posted for a period of at
least thirty (30) days-consecutive days-from the date of
posting ; and
(3) That the Collective Bargaining Committee of Joseph H.
Meyer & Brothers, Inc., is disestablished as representative of
698 NATIONAL LABOR RELATIONS BOARD
respondent's employees at its Brooklyn Plant and that respond-
ent will refrain from any recognition thereof as such repre•
sentative.
3. An order based on the terms of this agreement may be
made by the National Labor Relations Board.
4. A consent decree embodying the substance of the above order
of the Board may be entered by the Circuit Court of Appeals
in the appropriate circuit upon application by the Board without
notice to any parties.
5. This stipulation is submitted subject to the approval of the
National Labor Relations Board, Washington, D. C.
On June 1, 1938, the Board approved said stipulation and acting
pursuant to Article II, Section 37, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, ordered the proceedings
in the case transferred to and continued before the Board.
Upon the stipulation and the entire record in the case, the Board
makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT 1
Joseph H. Meyer & Brothers, a New York corporation having its
principal place of business in Brooklyn, New York, is engaged in the
manufacture and sale of artificial pearls, notions, jewelry, and similar
items. Approximately 20 per cent of the raw materials used in the
manufacture of its products come from sources outside of the State
of New York. Nitrate of cotton, certain high and local solvents, and
cellulose acetate are obtained from New Jersey, fusible enameled
glass from New York and Illinois, raw beads from Japan, and a
specially prepared enamel from Czechoslovakia. Approximately 67
per cent of the finished products are sold outside the State of New
York.
During the busy season, between 450 and 500 persons are employed
at the Brooklyn plant.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and stipulation and
pursuant to Section 10 (c) of the National Labor Relations Act, the
3 The facts in this section were read into the record by counsel for the Board and
agreed to by counsel for the respondent.
DECISIONS AND ORDERS 699
National Labor Relations Board hereby orders that the respondent,
Joseph H. Meyer & Brothers, New York City, shall:
1. Cease and desist :
(a) From interfering with, restraining or coercing its employees
in the exercise of the right to self-organization, to form, and join,
or- assist labor organizations, to bargain collectively through repre-
sentatives c f .their own-choosing, and-to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or
protection;
(b) From dominating or interfering with the formation or admin-
istration of any labor organization and from contributing support of
any kind to any labor organization;
(c) From discouraging membership in American Federation of
Wholesale Dry Goods & Notion Employees' Union Local No. 21315,
or any other labor organization, by discrimination in regard to hire
and tenure of employment or any term or condition of employment.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act:
(a) Withdraw all recognition at its Brooklyn plant, located in
the-Borough of Brooklyn, City and State of New York, from Col-
lective Bargaining Committee of Joseph H. Meyer & Brothers, Inc.,
as representative of its employees at said Brooklyn plant for the
purpose of dealing with said Joseph H. Meyer & Brothers concern-
ing grievances, labor disputes, wages, rates of pay, hours of employ-
ment, or conditions of work, and completely disestablish said Collec-
tive Bargaining Committee of Joseph H. Meyer & Brothers, Inc.,
as such representative;
(b) For the purpose of making whole Betty Holt, May Vallone,
and Rose Pizzo, and each of them for any losses of pay they have
suffered by reason of the respondent's alleged refusal to reinstate
them at the end of the strike of November 11, 1937, through Novem-
ber 29, 1937, pay to the Regional Director for the Second Region
for distribution to the said employees the sum of Thirty ($30.00)
Dollars;
(c) Personally inform, in writing, each and every one of its em-
ployees who has entered into the individual contract of employment
arising out of the formation of the Collective Bargaining Committee
of Joseph H. Meyer & Brothers, Inc., that such contract will be dis-
continued as a term or condition of employment and will in no man-
ner be enforced or attempted to be enforced;
(d) Post notices in conspicuous places throughout its Brooklyn
plant stating :
(1) That the respondent will cease and desist as provided above;
(2) That such notices will remain posted for a period of at least
thirty (30) days-consecutive days-from the date of posting; and
700 NATIONAL LABOR RELATIONS BOARD
(3) That the Collective Bargaining Committee of Joseph H. Meyer
& Brothers, Inc. is disestablished as representative of the respondent's
employees at its Brooklyn plant and that the respondent will refrain
from any recognition thereof as such representative.
It is further ordered that the complaint in so far as it alleges a
violation of Section 8 (3) of the Act by the, discharge and refusal to,
reinstate Margaret Ferrara, Virginia Codironi,2 Kathryn Mooney,
Vera Conlon, Louise Morelli, Fay Lobia, Connie Ruggero, Kathleen
Erigo, and Sue Bottigliere be, and it hereby is, dismissed. .
2 This name appears as Virginia Sodicoli in the complaint, and was corrected during
the course of the hearing.