Kings Electronics Co., Inc.

National Labor Relations Board - Board Decisions

Sep 14, 1954

109 N.L.R.B. 1324 (N.L.R.B. 1954)

1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
KINGS ELECTRONICS Co., INC. and JOSEPHINE TIIOMSON, ERMA
BROWN,1 EARL WASHINGTON AND WENDELL HERRING . Case No.
9-CA-2783. September 14,1954
Order
On April 19, 1954, the Trial Examiner issued his Intermediate Re-
port in the above-entitled proceeding, finding that the Respondent
had engaged in certain unfair labor practices, and recommending that
it take specific action to remedy such unfair labor practices, and on
the same day the case was transferred to the National Labor Rela-
tions Board. The Respondent has filed an appeal brief, but none
of the parties has filed a separate statement of exceptions with the
Board, and the time for such filing has expired.
It is clear that the appeal brief itself does not constitute exceptions
to the Intermediate Report and Recommended Order in accordance
with the Board's Rules and Regulations, Series 6. Thus, Section
102.46 (a) thereof provides in relevant part for the filing of a "state-
ment in writing setting forth exceptions to the intermediate report
and recommended order or to any part of the record or proceeding
(including rulings upon all motions or objections)," and requires
that exceptions "designate by precise citation of page and line the
portions of the record relied upon." The brief calls to the Board's
attention two documents which are outside the record, argues that
there was justification for its conduct which the Trial Examiner
found was in violation of the Act, criticizes the investigation, hear-
ing, and decision of the case, and contends generally that the Trial
Examiner's "present ruling" should be set aside. But nowhere in the
brief are there stated specific exceptions to any part of the Interme-
diate Report and Recommended Order. Therefore, as the Respond-
ent has failed to file exceptions, we shall abide by Section 102.48 (a),
of the Rules and Regulations which provides that "In the event no
statement of exceptions is filed as herein provided, the findings, con-
clusions, and recommendations of the Trial Examiner . . . shall be
adopted by the Board . . . and all objections and exceptions thereto
shall be waived for all purposes." 2
Pursuant to Section 10 (c) of the Act, and Section 102.48 of the
Board's Rules and Regulations, the Board hereby adopts the findings.
A Hereinafter referred to as Erma Brown West.
2 This provision implements Section 10 ( c) of the Act which provides that "if no excep-
tions are filed within twenty days . .. such recommended order shall become the order
of the Board. . .
It is noted that the whole texts of Sections 102.46 and 102.48, supra, were attached to
the order transferring case to the Board; that the order stated on its face that "Excep-
tions to the Intermediate Report" must be received by the Board by a particular date ; and
that at the requests of the Respondent , additional time was twice granted for the filing of
"exceptions and briefs."
109 NLRB No. 189.
KINGS ELECTRONICS CO., INC. 1325
conclusions , and recommendations of the Trial Examiner as con-
tained in the Intermediate Report , and makes the following Order:
IT IS HEREBY ORDERED that the Respondent , Kings Electronics Co.,
Inc., its officers , agents, successors , and assigns , shall:
1. Cease and desist from :
(a) Discouraging any of its employees from engaging in union
activities or discouraging membership in any labor organization by
-discharging or in any other manner discriminating in regard to the
hire or tenure of employment of its employees or any term or condition
,of their employment.
(b) Counse l ling with any of its employees with respect to their
union membership or activities or in any manner participating in such
.activities.
(c) In any other manner interfering with, restraining , or coercing
its employees in the exercise of the right to self -organization , to join
or form labor organizations , to bargain collectively through repre-
sentatives of their own choosing, and to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or pro-
tection, and to refrain from any and all of such activities except to the
extent that such right may be affected by an agreement requiring
membership in a labor organization as a condition of employment
as authorized in Section 8 (a) (3) of the Act, as guaranteed in Section
7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer Earl Washington , Elizabeth Lockery, Josephine Thom-
son, Erma Brown West , and Wendell Herring, immediate and full
reinstatement to their former or substantially equivalent positions
without prejudice to their seniority and other rights and privileges
and make each of them whole for any loss of pay suffered by reason
of the discrimination against him or her by the payment to him or her
of a sum of money equal to the amount determined in the manner
set forth in the section of the Intermediate Report entitled "The
Remedy."
(b) Upon request , make available to the National Labor Relations
Board or its agents, for examination and copying , all payroll records,
social-security payment records, timecards, personnel records and re-
ports, and all other records necessary to analyze and compute the
amount of back pay due under the terms of this Order.
(c) Post immediately at its plant in Tuckahoe , New York, copies
of the notice attached marked "Appendix ." 3 Copies of the notice,
to be furnished by the Regional Director for the Second Region,
8 In the event that this Order is enforced by a decree of a United States Court of Appeals,
there shall be substituted for the words "Pursuant to a Decision and Order " the words
"Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order."
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall, after being duly signed by Respondent's representative, be
posted by it immediately upon receipt thereof and maintained by it for
sixty (60) consecutive days thereafter in conspicuous places including
all places where notices to employees are customarily posted. Rea-
sonable steps shall be taken by the Respondent to insure that the said
notices are not altered, defaced, or covered by any other material.
(d) Notify the Regional Director for the Second Region, in writing,
within ten (10) days from the date of this Order what steps the
Respondent has taken to comply herewith.
MEMBERS MrnmocIi and RODGERS took no part in the consideration
of the above Order.
Appendix
NOTICE TO ALL EMPLOYEES
Pursuant to an Order of the National Labor Relations Board, and
in order to effectuate the policies of the National Labor Relations Act,
we hereby notify our employees that :
WE WILL NOT discourage any of our employees from engaging
in union activities or discourage membership in International
Brotherhood of Electrical Workers or any other labor organiza-
tion by discharging or in any other manner discriminating in re-
gard to the hire or tenure of employment of our employees or any
term or condition of their employment.
WE WILL NOT counsel with our employees with respect to their
union membership or activities, or participate in such activities.
WE WILL NOT in any other manner interfere with, restrain, or
coerce our employees in the exercise of their right to self-organiza-
tion, to form labor organizations, to join or assist labor organiza-
tions, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose
of collective bargaining or other mutual aid or protection, or to
refrain from any or all of such activities except to the extent that
such right may be affected by an agreement requiring member-
ship in a labor organization as a condition of employment, as
authorized in Section 8 (a) (3) of the National Labor Relations
Act.
WE WILL offer to Earl Washington, Elizabeth Lockery, Jose-
phine Thomson, Erma Brown West, and Wendell Herring, im-
mediate and full reinstatement to their former or substantially
equivalent positions without prejudice to any seniority or other
rights and privileges previously enjoyed, and make each of them
whole for any loss of pay suffered as a result of the discrimination.
LEGION UTENSILS COMPANY 1327
All our employees are free to become or remain members of any
labor organization of their own choosing. We will not discriminate
in regard to hire or tenure of employment or any term or condition
of employment against any employee because of membership in or
activity on behalf of any labor organization, or because he has en-
gaged in concerted activities for the purpose of collective bargaining
or other mutual aid or protection.
KINGS ELECTRONICS CO., INC.,
Employer.
Dated----.---------------- By---------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof, and
must not be altered, defaced, or covered by any other material.
ANGELO C. SCAVULLO, ET ALS. D/B/A LEGION UTENSILS COMPANY and
LOCAL 475, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF
AMERICA, PETITIONER and LOCAL 463, INTERNATIONAL UNION OF
ELECTRICAL, RADIO AND MACHINE WORKERS, CIO. Case No. ;-RC-
4039. September 14,19544
Supplemental Decision and Certification of Representatives
Pursuant to an order of the Board issued October 20, 1953, a hearing
was held before George Turitz, hearing officer, on. the issues raised
concerning seven unopened challenged ballots and growing out of a
Direction of Second Election in the above-entitled proceeding.' On
June 2, 1954, the hearing officer issued and served upon the parties
his report in which he found that Rocco Spadaro, Arthur Flecker,
Michael Gross, Louis Panelli, Dominick Franco, and Mario Cinquini
had supervisory authority and were supervisors within the meaning
of the Act; accordingly he recommended that the challenges to their
I The original petition in this proceeding was filed by Petitioner ( UE) on November
16, 1951 , and following a hearing on February 12, 1952 , the Intervenor ( IUE) was
permitted to intervene . Pursuant to a Decision and Direction of Election , there was
held on April 4, 1952 , an election which was set aside by the Board on March 20, 1953
(103 NLRB 875). Thereafter there was conducted a second election in which the Peti-
tioner's (UE) name by its own request was omitted from the ballot. The tally of ballots
showed that out of 78 valid votes counted, 43 were cast for the IUE, 35 against the IUE,
and 19 were challenged . The challenges were sufficient in number to affect the results
of the election . Concerning these challenges , no exception was taken to the Regional
Director 's recommendation that 11 challenges be overruled and 1 sustained . Accordingly,
the Board , on September 25, 1953 , issued its decision ( 106 NLRB No. 188, not reported in
printed volumes of Board Decisions and Orders ) directing that the Regional Director open
and count these 11 ballots because a conclusive election might result therefrom. No
decision was rendered with respect to the 7 other challenges . Of the 11 ballots counted,
5 were cast for the IUE and 6 against it . The tally showed 48 ballots for the IUE, 41
against it, and 7 outstanding challenges . As the 7 unopened challenged ballots were suffi-
cient to affect the outcome of the election, the Board issued an order October 20, 1953,
directing a hearing on the issues raised by these 7 challenged ballots.
109 NLRB No. 187.