Lora Lee Dress Co.

National Labor Relations Board - Board Decisions

Sep 30, 1941

35 N.L.R.B. 1059 (N.L.R.B. 1941)

In the Matter of LORA LEE DRESS Co., INC., GLADDY-COLLEEN, INO.,.
AND WILLIAM SCHWARTZ and INTERNATIONAL LADIES GARMENT
WORKERS UNION , LOCAL 85, A. F. OF L.
Case No. C-1958.-Decided September 30, 1941
Jurisdiction : garment manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Daniel R. Dimaick, for the Board.
Mr. Howard M. Lawn, for the respondents.
Quinn and Doremus, and Mr. Charles Sesso, of Red Bank, N. J.,.
for the Club and the Association.
Isserman, Isserman, and Kapelsohn, by Mr. Sol D. Kapelsohn, of:
Newark, N. J., for the I. L. G. W. U.
Mr. Dan M. Byrd, Jr., 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 85, A. F. of L,, herein called-,
the I . L. G. W. U., the National Labor Relations Board, herein,
called the Board , by its Regional Director for the Second. Region
(New York City ) issued its complaint dated August 4 , 1941 , against
Lora Lee Dress Co., Inc., Long Branch, New Jersey , Gladdy-Colleen,_
Inc., New York City, and William Schwartz , New York City, here-
inafter collectively called the respondents , alleging that the respond-
ents had engaged in and were engaging in unfair labor practices-
affecting commerce within the meaning of Section 8 (1)', (2), and (3),,
and Section 2 (6) and (7) of the National Labor Relations Act, 49n
Stat. 449, herein called the Act. Copies of the complaint accom-
panied by notice of hearing were duly served upon the respondents,
the I . L. G. W. U., Lora Lee Social Club, herein called the Club, and:
Employees ' Welfare Association of Long Branch , N. J.,_ Inc., herein
called the Association , both of the latter being labor organizations
allegedly dominated by the respondents.
35 N. L ' R B., No. 195.
11059
451270-42-vol 35- 68
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices, the complaint alleged, in
substance: (1) that or on about February 1, 1939, and thereafter, the
respondents warned their employees at the Long Branch plant to
refrain from aiding, becoming, or remaining members of the
I. L. G. W. U., and threatened the employees with discharge, and
other reprisals if they aided the I. L. G. W. U. or its members; and
threatened to shut down the Long Branch plant; (2) that on or
about April 9, 1940, the respondents discharged Lena Tardiola and
Clara Soriero, and thereafter refused to reinstate the two employees
because they joined or assisted the I. L. G. W. U., or engaged in other
concerted activities for the purposes of collective bargaining or other
mutual aid and protection; (3) that in or about December 1939, the
respondents initiated, formed,. and sponsored a labor organization
known as the Club for the purpose of dealing with their employees
concerning grievances, labor disputes, wages, rates of pay, hours of
employment, and conditions of work, and from December 1939 to
March 1940, dominated, contributed to the support of, and interfered
with the administration of the Club; and (4) that on or about Janu-
ary 25, 1940, the respondents initiated, formed, and sponsored the
Association and thereafter dominated, contributed to the support of,
and interfered with the administration of the Association.
On August 15, 1941, prior to the scheduled hearing in the case,'
the respondents, the I. L. G. W. U., the Club, the Association, and
an attorney for the Board entered into a stipulation, subject to
approval of the Board, in settlement of the case. The stipulation
provides as follows :
Now, THEREFORE, it is hereby stipulated and agreed by and
among Lora Lee Dress Co., Inc., Gladdy-Colleen, Inc., William
Schwartz, International Ladies Garment Workers Union, Local
85, A. F. of L., Lora Lee Social Club, Employees' Welfare
Association of Long Branch, N. J., Inc., and Daniel R. Dimick,
attorney for the National Labor Relations Board that :
1. Gladdy-Colleen, Inc. is and has been since July 22, 1938, a
corporation duly organized under and existing by virtue of the
laws of the State of New' York, having its principal office and
place of business at 1400 Broadway, New York, New York, and
is now and has been continuously engaged at said place of busi-
ness in the manufacture, sale and distribution of women's dresses
and related products. During each of the years 1939 and 1940,
Gladdy-Colleen, Inc. purchased raw materials for use at its
plant, hereinafter called "the New York plant," in the value of
1 On August 16, 1941, the Regional Director postponed the hearing in this matter until
such future date as should be designated.
LORA LEE DRESS CO. ET AL. 1061
over $200,000.00, of which approximately 75 per cent were pur-
chased and shipped to the said New York plant from 'points out-
side the State of New York. During each of the years 1939 and
1940, Gladdy-Colleen, Inc., manufactured and distributed finished
products in the value of over $650,000.00, of which approximately
80 per cent were sold and shipped to points outside the State of
New York.
Lora Lee Dress Co., Inc., is now and has been since November
29th, 1938, a corporation duly organized under and existing by
virtue of the laws of the State of New Jersey, having its principal
office and place of business at 663 Broadway, Long Branch, New
Jersey, and is now and has been since on or about February 1st,
1939, engaged at said place of business, hereinafter referred to
as "the Long Branch plant," in the processing and manufacturing
of women's dresses and related products. During each of the
years' 1939 and 1940, Lora Lee Dress Co., Inc. purchased raw
materials for use at its Long Branch plant in the value of over
$3,000.00, of which approximately 10 per cent were purchased-and
shipped to the said Long Branch plant from points outside the
State of New Jersey. During each of the years 1939 and 1940,
Lora Lee Dress Co., Inc., processed goods in the value of over
$100,000.00, all of which were obtained from Gladdy-Colleen, Inc.,
and were shipped to the Long Branch plant from the State of
New-York and which were, after the completion of the processing
-returned to Gladdy-Colleen, Inc. in New York City, New York.
William Schwartz is President of Gladdy-Colleen, Inc. and
owns, controls and directs all labor and other policies of both
Gladdy-Colleen, Inc. and Lora Lee Dress Co., Inc. Lora Lee Dress
Co., Inc. was incorporated at the instance of William Schwartz
for the purpose of processing and manufacturing women's dresses
and related products for Gladdy-Colleen, Inc. and has at all times
since February 1, 1939, processed and manufactured women's
dresses and related products solely and exclusively for Gladdy-
'Colleen, Inc. Gladdy-Colleen, Inc. and Lora Lee Dress Co., Inc.
are integrated enterprises and are employers within the meaning
of Section 2, subdivision (2) of the Act.
. William Schwartz is an employer within the meaning of Sec-
tion '2, subdivision (2) of the National Labor Relations Act,
hereinafter referred to as "the Act," in that he has acted since
on on about July 22, 1938, and November 29, 1938, and is now
acting, directly and indirectly, in the interests of Gladdy-Colleen
Inc. and Lora Lee Dress Co., Inc. respectively.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Respondents are engaged in commerce within the meaning
of Section 2, subdivisions ( 6) and (7) of the Act.
2. International Ladies Garment Workers Union , Local 85.-
A. F. of L., Lora Lee Social Club and Employees ' Welfare Asso-
ciation of Long Branch , N. J., Inc. are labor organizations within
the meaning of Section 2, subdivision ( 5) of the Act.
3. All parties hereto acknowledge service of the complaint,
notice of hearing, first amended charge, and a copy of the Rules
and Regulations , Series 2 as amended , of the Board , and•^xpressly
waive further pleadings , hearing, and the makingAfr findings
of fact and conclusions of law by the Board.
4. All parties hereto agree that all of the matters alleged in
the complaint shall be deemed to have been disposed of by virtue
of this stipulation.
5. This Stipulation of Settlement may be filed with the Chief
Trial Examiner of the National Labor Relations Board at Wash-
ington, D. C., and when so filed, together with the complaint,
notice of hearing , and first amended charge, shall constitute the
entire record in the case.
6. Upon the basis of the complaint , notice of hearing, first
amended charge and this Stipulation of Settlement , if approved
by the Board , an Order may forthwith be entered by the Board
providing substantially as follows ;
The Respondents , Lora Lee Dress Co., Inc. , Gladdy-Colleen,
Inc., and William Schwartz , individually and collectively, and
their officers, agents, successors and assigns shall, at their Long
Branch plant :
1. Cease and desist from :
(a) Dominating or interfering with the formation or admin-
istration of the Lora Lee Social Club and Employees ' Welfare
Association of Long Branch , N. J., Inc., or with the formation
or administration of any other labor organization or their em-
ployees, and from contributing financial or other support to the
Lora Lee Social Club and Employees ' Welfare Association of
Long Branch , N. J., Inc., or any other labor organizaflpn of
their employees;
(b) In any other manner interfering with, restraining or
coercing their employees in the exercise of the right of employ-
ees to self organization , to form , join or assist labor organiza-
tions, to bargain collectively through representatives of their
own choosing , or to engage in concerted activity for the pur-
pose of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the Act;
LORA LEE DRESS CO. ET AL. 1063
,(c) Discouraging membership in International Ladies Gar-
ment Workers Union, Local 85, A. F. of L., or any other labor
organization of its employees by discriminating in regard to
hire or tenure of employment or any terms or conditions of
employment.
2. Take the following affirmative action:
(a) Withdraw-all recognition from the Lora Lee Social Club
and the Employees' Welfare Association of Long Branch, N. J.,
Inc. as the representatives of any of their employees for the
purpose of dealing with the Respondents concerning grievances,
labor disputes, wages, hours of employment, or other conditions
of employment, and completely disestablish said Lora Lee Social
Club and Employees' Welfare Association of Long Branch,
N. J., Inc. as such representatives ;
(b) Offer to Lena Tardiola and Clara Soriero immediate and
full reinstatement to their former or substantially equivalent
positions without prejudice to their seniority and other rights
and privileges;
(c) Pay to the following employees the sums of money set
opposite their names :
Lena Tarcliela----------------------------------- $160.00
Clara Sorier( ------------------------------------- 50.00
(d) Post immediately in conspicuous places throughout their
Long Branch, N. J., plant, and maintain for a period of at
least sixty (60) consecutive days, notices stating (1) That the
Respondents will cease and desist in the manner set forth in
paragraphs 1 (a), (b) and (c) ; and (2) That the Respondents
will take the affirmative action set forth in paragraphs 2 (a),
(b) and (c).
(e) File with the Regional Director for the Second Region
within ten (10) days from the entry of this Order a report in
writing setting forth in detail the manner and form, in which
the Respondents have complied with the provisions of this
Order.
7. After 'the entry of the Order by the Board, as provided in
this Stipulation of Settlement, an appropriate Circuit Court of
Appeals of the United States may, upon application by the Board,
and without notice to the Respondents, enter a Decree embodying
substantially the terms of the Order of the Board enforcing in
full the said Order; and each of the parties hereto consents to the
entry of such Decree, and hereby waives any and all requirements
of notice of the filing of such application by the Board.
9. This Stipulation of Settlement is subject to the approval
of the Board.
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
9. It is understood and agreed that the entire agreement by
and between the parties hereto is contained within the terms of
this Stipulation of Settlement and that there is no^ agreement of
any kind which varies, alters or adds to this Stipulation of
Settlement.
On August 28, 1941, the Board issued an order approving the stipu-
lation, making it a part of the record, and pursuant to Article II, Sec-
tion 36, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, transferred the proceeding to the Board for the
purpose of entry of a Decision and Order pursuant to the provisions
of the 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 RESPONDENTS
Gladdy-Colleen, Inc., a New York corporation having its principal
office and place of business at 1400 Broadway, New York City, is
engaged in the manufacture, sale, and distribution of women's dresses
and related products. During each of the years 1939 and 1940,
Gladdy-Colleen, Inc., purchased raw materials for use at its New
York City plant amounting in value to over $200,000, of which ap-
proximately 75 per cent was purchased and shipped to the New
York plant from points outside the State of New York. During
each of the same periods, Gladdy-Colleen, Inc., manufactured and
distributed finished products in the value of over $650,000, of which
approximately 80 percent was sold and shipped to ,ppints outside
the State of New York.
Lora Lee Dress Co., Inc., a New Jersey corporation having its
principal office and place of business at 663 Broadway, Long Branch,
New Jersey, is engaged in the processing 9,nd manufacture of women's
dresses and related products. During each of the years 1939 and
1940, Lora Lee Dress Co., Inc., purchased raw materials for use at
its Long Branch plant amounting to over $3,000 in value, of which
approximately 10 percent was purchased and shipped to the Long
Branch plant from points outside the State of New Jersey. During
each of the same periods, Lora Lee Dress Co., Inc., processed goods
valued at over $100,000, all of which were obtained from Gladdy-
Colleen, Inc., and were shipped to the Long Branch plant from the
State of New York, and which were, after the completion of the
processing, returned to Gladdy-Colleen, Inc.
William Schwartz is president of Gladdy-Colleen , Inc., and owns,
controls, and directs all labor and other policies of both Gladdy-
LORA LEE DRESS CO. ET AL. ,1065
Colleen, Inc. and Lora Lee Dress Co., Inc., the latter having been
incorporated at the instance of William Schwartz for the purpose of
processing and manufacturing women's dresses and related products
for Gladdy-Colleen, Inc., and has since February 1, 1939, processed
and manufactured women's dresses and related products solely and
exclusively for Gladdy-Colleen, Inc.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and 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 Lora Lee Dress Co., Inc., Gladdy-Colleen, Inc.,
and William Schwartz, individually and collectively, and their offi-
cers, agents, successors, and assigns shall at their Long Branch, New
Jersey plant:
1. Cease and desist from :
(a) Dominating or interfering with the formation or administra-
tion of the Lora Lee Social Club and Employees' Welfare Associa-
tion of Long Branch, N. J., Inc., or with the formation or
administration of any other labor organization of their employees,
and from contributing financial or other support to the Lora Lee
Social Club and Employees' Welfare Association of Long Branch,
N. J., Inc. or any other labor organization of their employees;
(b) In any other manner interfering with, restraining or coercing
their employees in the exercise of the right of employees to self-
organization, to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing, or to
engage in concerted activity for the purpose of collective bargaining
or other mutual aid or protection as guaranteed in Section 7 of the
Act;
(c) Discouraging membership in International Ladies Garment
Workers Union, Local 85, A. F. of L., or any other labor organization
of its employees, by discriminating in regard to hire or tenure of
employment or any terms or conditions of employment.
2. Take the following affirmative action :
(a) Withdraw all recognition from the Lora Lee Social Club and
the Employees' Welfare Association of Long Branch, N. J., Inc.,
as the representatives of any of their employees for the purpose of
dealing with the respondents concerning grievances, labor disputes,
wages, hours of employment, or other conditions of employment,
and completely disestablish said Lora Lee Social Club and Em-
ployees' Welfare Association of Long Branch, N. J., Inc. as such
representatives;
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Offer to Lena Tardiola and Clara Soriero immediate and full
reinstatement to their former or substantially equivalent positions
without prejudice to their seniority and other rights and privileges;
(c) Pay to the following employees the sums of money set opposite
their names :
Lena Tardiola ------------------------------------------- $160.00
Clara Soriero ------------------------------------------- 50.00
(d) Post immediately in conspicuous places throughout their Long
Branch, N. J., plant, and maintain for a period of at least sixty (60)
consecutive days, notices stating (1) that the respondents will cease
and desist in the manner set forth in paragraphs 1 (a), (b), and
(c) ; and (2) that the respondents will take the affirmative action
set forth in paragraphs 2 (a), (b), and (c).
(e) File with the Regional Director for the Second Region within
ten (10) days from the entry of this Order a report in writing setting
forth in detail the manner and form in which the respondents have
complied with the provisions of this Order.