Kaisel Garment Co.

National Labor Relations Board - Board Decisions

Sep 14, 1940

27 N.L.R.B. 242 (N.L.R.B. 1940)

In the Matter of DORA KAISEL, DOING BUSINESS AS KAISEL GARMENT
COMPANY AND KAISEL GARMENT COMPANY, A CORPORATION and COT-
TON DRESSMAKERS LOCAL 182, INTERNATIONAL -LADIES' GARMENT
WORKERS' UNION
Case No. C=1665.Decided September 14, 1940
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. L. N. D. Wells, Jr. and Mr. Wallace Cooper, for the Board.
Mr. Charles H. Spoehrer, for respondents.
Mr. Morris Devin and Mr. Meyer Perlstein, for the Union.
Mr. D. M. Byrd, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Cotton Dress-
makers Local 182, International Ladies' Garment Workers' Union,
herein called the Union, the National Labor Relations Board, herein
called the Board, by the,Regional Director for the Fourteenth Region
(St. Louis, Missouri), issued its complaint, dated August 12, 1940,
alleging that Dora Kaisel, doing business as Kaisel Garment Com-
pany and Kaisel Garment Company, a. corporation, St. Louis, Missouri,
herein collectively called the respondents, had engaged in and were
engaging in unfair labor practices affecting commerce, within the
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint and accompanying notice of hearing were
duly served upon respondents and the Union. -
Concerning the unfair labor practices, the complaint alleged in
substance: (1) that on or about March 1, 1940, and thereafter, the
respondents urged, persuaded, and warned their employees to refrain
from becoming or remaining members of the Union, threatened the
employees with discharge or other reprisals if they aided the Union
27 N. L. R. B., No. 54.
242
KAISEL GARMENT ` COMPANY 243'
or members thereof, threatened to close the St. Louis plant should
the employees participate in union activities, ' and urged certain em-
ployees to keep surveillance over the meetings and activities of the
Union-and to report to the respondents concerning the union activi-
ties of their employees; (2) that the respondent Dora Kaisel, by her
agents- and employees, on or about March 8, 1940, terminated the
employment of Lorine Biggs and until March 21, 1940, refused to
reinstate her because she joined and assisted the Union and engaged
in concerted activities with other employees in the respondents' plant
for the purpose of collective bargaining and other mutual aid and
protection; (3) that respondents on and after March 15, 1940, dis-
criminated in regard to the hire and tenure of employment of Mar-
garet Scharenberg by assigning to her inferior and difficult work
and work that other employees would not do, and on or about May 29,
1940, terminated the employment of said Scharenberg, and have at all
times since May 29, 1940, refused to reinstate her because she had
joined and assisted the Union and engaged in concerted activities
with other employees in the respondents' plant for the purposes of
collective bargaining and other mutual aid and protection; and (4)
that by the foregoing and other acts, the respondents interfered
with, restrained, and coerced their employees in the exercise of the
rights guaranteed by Section 7 of the Act.
Thereafter on August 26, 1940, counsel for respondents, the Union,
and counsel for the Board entered into and executed a stipulation in
settlement of the case. This stipulation provides as follows:
STIPULATION
It is hereby stipulated and agreed by and between Dora Kaisel,
doing business as Kaisel Garment Company and Kaisel Garment
Company, a corporation, and Cotton Dressmakers' Local 182,
International Ladies' Garment Workers' Union, and L. N. D.
Wells, Jr. and Wallace Cooper, attorneys for the Fourteenth
Region of the National Labor Relations Board, as follows:
I
Charges and amended charges were filed by the Cotton Dress-
makers' Local 182, International Ladies' Garment Workers'
Union, with the Fourteenth Regional office of the National Labor
Relations Board, alleging that the respondents, Dora- Kaisel,
doing business as the Kaisel Garment Company, and Kaisel
Garment Company, a corporation, had violated Section 8, sub-
sections 1 and 3 of the National Labor Relations Act. There-
after on August 12, 1940, the National Labor Relations Board,
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
through Dorothea de Schweinitz , Regional Director for the
Fourteenth Region, duly issued its Complaint and Notice of
Hearing, alleging that respondents had engaged in and were
engaging in unfair labor practices affecting commerce within
the meaning of Section 8, subsections 1 and 3, and Section 2,
subsections 6 and 7 of the National Labor Relations Act, 49 Stat.
449. The charges and the Complaint , together with the Notice
of Hearing, were duly served upon the respondents , and each of
them, and on the Cotton Dressmakers ' Local 182 , International
Ladies' Garment Workers' Union. The respondents did not file
an answer to the Board's Complaint and hereby waive the right
to file an answer . By the waiver of its' right to file an answer,
and by entering into this stipulation , the respondents do not admit
that they or either of them have in any way violated the National
Labor Relations Act, but expressly deny that they or either of
theme have in any way violated any of the provisions of said Act.
II
The respondent Dora Kaisel is an individual residing and
doing business in the City of Saint Louis, State of Missouri,
where at all times material hereto until on or about April 2, 1940,
she conducted a business under the name and style , of Kaisel
Garment Company , in which business she was engaged in the
production , sale, and distribution of cotton dresses and other
wearing apparel.
The respondent Kaisel Garment Company is and has been
since on or about April 2, 1940 , a corporation duly organized
under and existing by virtue of the laws of the State of Missouri,
having its principal office and place of business at 1531 Wash-
ington Avenue , in the City of Saint Louis, State of Missouri, and
is now and has been continuously since about April 2, 1940,
engaged at said place of business , hereinafter referred to as the
"St. Louis Plant," in the manufacture , sale, and distribution of
cotton dresses and other wearing apparel.
The respondents , in the course and conduct of their business
as aforesaid , now cause and have continuously caused at all time
material hereto, the materials and products used in the manu-
facture, sale and distribution of cotton dresses and other wearing
apparel, to be purchased , delivered , and transported in inter-
state commerce from and through states of the United States
other than the State of Missouri to the aforesaid St. Louis Plant,
and cause and have at all time material hereto continuously
caused the products manufactured , sold, and transported by them
as a part of their business as aforesaid to be supplied , delivered,
KAISEL GARMENT COMPANY 245
and transported in interstate commerce from the aforesaid St.
Louis Plant in the State of Missouri to, into and through states
of the United States other than the State of Missouri.
Respondents and each of them agree and admit that they are
engaged in interstate commerce within the meaning of Section
2, subsections 6 and 7 of the National Labor Relations Act
and that respondents and each of them are subject to the provi-
sions of the National Labor Relations Act and the jurisdiction
of the National Labor Relations Board.
All parties hereto expressly agree that the National Labor
Relations Act (Sic-Board) may forthwith make jurisdictional
findings based upon the facts stipulated in this paragraph and
that the Board may find that the above-described operations of
the respondents constitute •a continuous flow of trade, traffic, and
commerce among the several states.
III
All parties hereto expressly agree that the charges, Complaint,
and Notice of Hearing referred to in paragraph 1 above and this
stipulation shall constitute the entire record in this cause, and
that said documents shall be entered in the record herein by
filing with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
IV
All parties hereto expressly waive the right to a hearing in this
matter and the making and findings of fact and conclusions of
law by the National Labor Relations ' Board; and expressly
agree and consent that the National Labor Relations Board may
forthwith enter an order providing as follows:
The respondent Dora Kaisel, doing business as Kaisel Gar-
ment Company, and the respondent Kaisel Garment Company,
a corporation, jointly and severally and their respective officers,
agents, successors, and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in C o t t o n Dressmakers'
Local 182, International Ladies' Garment Workers' Union by
discharging, refusing to reinstate, suspending, or in any-
man-ner discriminating against any of her or its employees in
regard to hire or tenure of employment or any other term or
condition of employment;
(b) Urging, persuading, or warning said employees to re-
frain from aiding, becoming, or remaining members of the
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cotton Dressmakers ' Local 182, International Ladies' Garment
Workers' Union; threatening said employees with discharge
or other reprisal if they aided said union or its - members;
threatening to close her or its St. Louis Plant should the
employees of said plant participate in union activities ; and
urging certain of her or,'its employees to keep surveillance
over the meetings and activities of said union and report to
the respondents concerning the union activities of her or its
employees ;
(c) In any other manner interfering with, restraining, or
coercing her or its employees in the exercise of the right 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 pur-
pose 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 to effectuate the
policies of the Act:
(a) Offer to Margaret Scharenberg immediate and full re-
instatement to her former or substantially equivalent position
as a finisher , without prejudice to her seniority and other
rights and privileges , and assign to said Margaret Scharenberg
the same type of work as is assigned to other finishers in
respondents ' plant.
(b) Make whole Lorine Biggs for any loss of pay she has
suffered by reason of the respondents ' discrimination in regard
to her hire and tenure of employment by payment to Lorine
Biggs a sum of money equal to that which she normally would
have earned as wages on March 11 and 12, 1940 , being the sum
of $4.80.
(c) Post immediately , and maintain for a period of at least
sixty ( 60) consecutive days from date of posting , in conspicu-
ous places in each department of the respondents ' plant, notices
stating ( 1) that the respondents will not engage in the conduct
from which they are ordered to cease and desist in paragraphs
1 (a), (b), and (c) of this order ; ( 2) that the respondents
will take the affirmative action set forth in paragraphs 2 (a)
and (b ) of this order ; and (3) that the respondents ' employees
are free, if they desire , to become or remain members of the
Cotton Dressmakers ' Local 182 , International Ladies' Garment
Workers ' Union , and that the respondents will not discrimi-
nate against any employee because of membership or activity
in that organization ;
KAISEL GARMENT COMPANY 247
(d) Notify the Regional Director for the Fourteenth Region
in writing within ten (10) days from the date of this order
what -steps the respondents have taken to comply herewith.
V
The parties hereto consent to the entry by any United States
Circuit Court of Appeals of an enforcement order embodying
the terms of the Board's order agreed to above, and all parties
hereby waive further notice of the application for and the entry
of such court order.
VI
All stipulations herein made are subject to the approval of
the National Labor Relations Board, and should the National
Labor Relations Board fail to approve the terms and conditions
contained herein, this- stipulation shall be entirely void and of
no effect, and the proceedings in this matter shall be in the
status as if no stipulation had been entered into.
VII
The entire agreement of the parties hereto is contained within
this stipulation; and there is no other agreement, verbal or writ-
ten, which in any way varies or alters the agreement contained
herein.
On September 3, 1940, the Board issued its order approving the
above stipulation and making it part of the record in the case and
transferring the proceeding to and continuing it before the Board
for the purpose of the entry of a decision and order pursuant to the
provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. TIlE BUSINESS OF THE RESPONDENTS
The respondent Dora Kaisel, an individual, was engaged in busi-
ness in St. Louis, Missouri, until about April 2, 1940, under the name
and style of Kaisel Garment Company. About April 2, 1940, Kaisel
Garment Company, a corporation, was duly organized under and
now exists by virtue of the laws of the State of Missouri, having its
principal office and place of business at St. Louis, Missouri. The re-
spondents at all time material hereto have been - engaged in the
manufacture, sale, and distribution of cotton dresses and other wear-
248 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD
ing apparel. In the course of their business the respondents have
caused the raw materials used in the manufacture, sale, and distri-
bution of wearing apparel to be purchased, delivered, and transported
in interstate commerce from States other than Missouri and have
supplied, delivered, and transported their finished products from
Missouri to, into, and through States other than Missouri.
The respondents admit that they are engaged in interstate com-
merce within the meaning of Section 2 (6) and (7) of the Act.
We find that the above-described operations of the respondents
constitute a continuous flow- of trade, traffic, and commerce among
the several States.
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 Dora Kaisel, doing business as Kaisel Garment
Company and Kaisel Garment Company, a corporation, St. Louis,
Missouri, jointly and severally, and their respective officers, agents,
successors, and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in Cotton Dressmakers' Local 182,
International Ladies' Garment Workers' Union ' by discharging, re-
fusing to reinstate, suspending, or in any manner discriminating
against any of her or its employees in regard to hire or tenure of
employment or any other term or condition of employment;
(b) Urging, persuading, or warning said employees to refrain
from aiding, becoming, or remaining members of the Cotton Dress-
makers' Local 182, International Ladies' Garment Workers' Union;
threatening said employees with discharge or other reprisal if they
aided said Union oii its members; threatening to close her or its St.
Louis plant should the employees of said plant participate in union
activities; and urging certain of her or its employees to keep sur-
veillance over the meetings and activities of said Union and report to
the respondents concerning the union activities of her or its
employees;
(c) In any other manner interfering with, restraining, or coercing
her or its employees in the exercise of the right 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 purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act.
KAISEL GARMENT COMPANY 249
2.- Take the following affirmative action to effectuate the policies
of the Act:
(a) Offer to Margaret Scharenberg immediate and full reinstate-
ment to her former or substantially equivalent position as a finisher,
without , prejudice to her seniority and other rights and privileges,
and assign to said Margaret - Scharenberg the same type of work as
is assigned to other finishers in respondents ' plant;
(b) Make whole Lorine Biggs for any loss of pay she has suffered
by reason of the respondent 's discrimination in regard to her hire
and tenure of employment by payment to Lorine Biggs of a sum of
money equal to that which she normally would have earned as wages
on March 11 and 12, 1940 , being the sum of $4.80;
(c) Post immediately , and maintain for a period of at least sixty
(60) consecutive days from date of posting , in conspicuous places in
,each department of the respondents ' plant, notices stating ( 1) that
the respondents will not engage in the conduct from which they are
ordered to cease and desist in paragraphs 1 (a), (b), and (c) of this
Order; (2) that the respondents will take the affirmative action set
forth in paragraphs 2 ( a) and ( b) of this Order; and (3) -that the
respondents ' employees are free, if they desire , to become or remain
members of the Cotton Dressmakers' Local 182 , International Ladies'
Garment Workers' Union, and that the respondents will not dis-
criminate against any employee because of membership or activity in
that organization;
(d) Notify the Regional Director for the Fourteenth Region in
writing within ten (10 ) days from the date of this Order what steps
the respondents have taken to comply herewith.