Palumbo Cigar Co., Inc.

National Labor Relations Board - Board Decisions

Feb 25, 1942

39 N.L.R.B. 176 (N.L.R.B. 1942)

In the Matter of PALUMBO CIGAR COMPANY, INC. and DOMINICK
SURACI, AN INDIVIDUAL and UNITED CIGAR AND TOBACCO WORKERS
UNION, LOCAL 647, AFFILIATED WITH THE C. I. O.
Case No. C-2089.-Decided February 25, 1942
Jurisdiction : cigar manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Drexel A. Sprecher and Mr. Sidney Reitman, for the Board.
Mr. Solomon A. Schlesinger, of New York City, for the respond-
ents.
Mr. Vincent J. La Gamma, of New York City, for the Association.
Mr. Joseph Tauber, of New York City, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Cigar and Tobacco Workers
Union, Local 647, affiliated with the C. I. 0., 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 its complaint dated December 30, 1941, against Palumbo Cigar
Company, Inc., New York City, herein called Respondent Palumbo,
alleging, that Respondent Palumbo had engaged and was engaging
in unfair labor practices affecting commerce within the meaning of
Section 8 (1), (2), (3), and (5) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act, and against Dominick
Suraci, New York City, herein called' Respondent Suraci, acting as
an agent of, and in the interest of, said Respondent Palumbo, fur-
ther alleging that Respondent Suraci had engaged and was engaging
in unfair labor practices affecting commerce within the meaning of
Section 8 (1) of the Act. Copies of the complaint, accompanied
by a notice of hearing, were duly served upon the respondents, the
39 N L. R. B, No. 31.
176
PALUMBO CIGAR'COMPANY, INC. 177
Union, and Palumbo Cigar Company; Inc. Employees Welfare As-
sociation, a labor organization alleged in the complaint to be dom-
inated and supported by Respondent Palumbo.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the Respondent Palumbo, (1) initiated, formed, and
sponsored the Association and assisted, dominated, contributed to
the support of, and interfered with the administration of said
Association; (2) on or about September 10, 1941, did enter into a
collective bargaining agreement with the Association relating to
terms and conditions of employment of its employees; (3) on and
after July 10, 1941, refused to bargain collectively with the Union,
although the Union had been designated by the majority of its
employees -within an appropriate unit as their representative for
the purposes of collective bargaining; (4) discouraged membership
in the Union by discharging on or about December 7, 1941, and
refusing to reinstate until on or about December 15, 1941, 13 of its
named employees because they joined and assisted the Union and
because they refused to join and assist the Association; (5) vilified,
disparaged, and expressed disapproval of the Union; interrogated
its employees concerning their union affiliations; urged, persuaded,
and warned its employees to refrain from joining or remaining
members of the Union; urged, persuaded, warned, and threatened its
employees to join, assist, or remain members of the Association; and
(6) by the foregoing acts the Respondent Palumbo interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. The complaint further alleged
that Respondent Suraci, acting as an agent and in the interest of
Respondent Palumbo, on or about August 1, 1941, did address em.
ployees of Respondent Palumbo upon the premises of the New York
plant and warned and threatened them to refrain from assisting,
becoming members of, or remaining members of the Union and
thereby interfered with, restrained, and coerced the employees of
Respondent Palumbo in the exercise of the rights guaranteed in
Section 7 of the Act.
The Association and the respondents thereafter filed their answers
to the complaint, denying that the respondents had engaged in the
alleged unfair labor practices. The Association, in its answer, asserted
that it at all times had represented a majority of the Respondent Pa-
lumbo's employees; that the Union never had a majority of such em-
ployees, and that the collective bargaining agreement entered into by
the Respondent Palumbo and the Association on September 10, 1941,
was a good and valid agreement..
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Prior to the hearing 1 the respondents, the Union, the Association,
and counsel for the Board entered into a stipulation and supplemen-
tary stipulation dated January 20, 1942, and January 29, 1942,
respectively. These provide as follows :
STIPULATION
Charges having been filed by the United Cigar and Tobacco
Workers Union, Local 647, affiliated with the C. I. 0., herein-
after called the Union, with the Regional Director of the Na-
tional Labor Relations Board, hereinafter called the Board, for
the Second Region, New York City, alleging that the Palumbo
Cigar Company, Inc., hereinafter called Respondent Palumbo,
has engaged in unfair labor practices within the meaning of
Section 8, subsections (1), (2), (3) and (5) of the National
Labor Relations Act, and further alleging that Dominick Suraci,
hereinafter called Respondent Suraci, acting as an agent of and
in the interest of said Respondent Palumbo, has engaged in
unfair labor practices within the meaning of Section 8, sub-
section (1) of the National Labor Relations Act; the Board
through its Regional Director having duly issued and served a
complaint and notice of hearing upon all parties, service of
which is hereby acknowledged by all parties; answers having
been filed by Respondent Palumbo, Respondent Suraci, and
Palumbo Cigar Company, Inc. Employees Welfare Associa-
tion, hereinafter called the Association, to the aforesaid com-
plaint; and it being the desire of all parties hereto to settle
and dispose of this proceeding.
IT IS HEREBY STIPULATED AND AGREED by and between Respond-
ent Palumbo, Respondent Suraci , the Association, United Cigar
and Tobacco Workers Union, Local 647, affiliated with the
C. I. 0. and Drexel A. Sprecher and Sidney Reitman, attorneys
for the Board, that :
1. Respondent Palumbo is a corporation duly organized un-
der and existing by virtue of the laws of the State of New York,
having its principal office and place of business at 68 East 131st
Street, in the City of New York, County of New York and
-State of New York. Respondent Palumbo is engaged in the
manufacture, sale and distribution of Italian type cigars and
related products.
2. Respondent Palumbo, in the course and conduct of its
business from July 1, 1941 through December 31, 1941, caused
1 The hearing had originally been scheduled for January 22, 1942. On January 20, 1942,
the Regional Director postponed the hearing indefinitely
PALUMBO CIGAR COMPANY, INC. - 179
and has since then continuously caused over 95 per cent of the
materials used in the manufacture, sale and distribution of its
cigars and related products to be purchased, delivered and
transported in interstate and foreign _commerce from and
through the states of the United States other than the State of
New York and from and through countries other than the
United States of America to its plant, and causes and has
continuously caused over 20 per cent of the products manufac-
tured, sold and distributed by it, as part of its business, to be
supplied, delivered and transported in interstate commerce to
and through the states of the United States other than the State
of New York from its plant in the State of New York. -Re-
spondent Palumbo, from July 1, 1941 through December 31,
1941, a characteristic period in the operation of its business, used
raw materials amounting in value to more than $50,000 and
manufactured and sold finished products amounting in value
to more than $35,000.
3. The Respondent Palumbo and Respondent Suraci concede
that they are engaged in interstate commerce within the meaning
of the National Labor Relations Act.
4. Respondent Suraci does not admit, but for the purpose of
this proceeding concedes that-he has acted as an agent of and
in the interests of Respondent Palumbo and is an employer
within the meaning of Section 2, subdivision (2) of the Act.
5. United Cigar & Tobacco Workers Union, Local 647, affil-
iated with the C. I. 0., hereinafter called the Union, and
Palumbo Cigar Company, Inc. Employees Welfare Association,
hereinafter called the Association, are each labor, organizations
within the meaning of Section 2, subdivision (5) of the Act.
6. Respondent Palumbo, Respondent Suraci, the Association,
and the Union each waive any and all rights to a further hearing
in this proceeding by or before the Board and each waive their
rights to the making of findings of fact and conclusions of law
by the Board except as hereinafter set forth.
. 7. All production employees of Respondent Palumbo em-
ployed in its New York plant, exclusive of office, sales and super-
visory employees, constitute a unit appropriate for purposes of
collective bargaining within the' meaning of Section 9, subdivi-
sion (b) of the Act. The United Cigar and Tobacco Workers
Union, Local 647, affiliated with the C. I. 0. has been designated
as and is the representative of all the employees in said unit for
the purposes of collective bargaining within the meaning of
Section 9, subdivision (a) of the Act.
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
8. The parties hereto hereby agree to the issuance by the
Board, without further notice or proceedings, of an order sub-
stantially in the following form,, which order shall have the
same force and effect as if made after full hearing, presentation
of evidence and- the making of findings of fact and conclusions
of law :
ORDER
Respondents, their officers, agents, successors and assigns,
shall :
1. Cease and desist from :
a. In any manner interfering with, restraining or coercing
their employees in the exercise of their rights to self-organiza-
tion, to form, join or assist a labor organization to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection, as guaranteed by
Section 7 of the National Labor Relations Act.
b. Dominating or interfering with the formation or adminis-
tration of the Palumbo Cigar Company, Inc. Employees Wel-
fare Association or any other labor organization and from lend-
ing support, financial or otherwise, to the Palumbo-Cigar Com-
pany, Inc. Employees Welfare Association or any other labor
organization.
c. Discouraging membership in United Cigar and Tobacco
'Workers Union, Local 647, affiliated with the C. I. 0. or in any
other labor organization of its employees by discriminating in
regard to their hire and tenure of employment or any term or
condition of their employment.
d. Refusing to bargain collectively with United Cigar and
Tobacco Workers Union, Local 647, affiliated with the C. I. 0.
as the exclusive representatives of its production employees em-
ployed in its New York plant, exclusive of office, sales and
supervisory employees.
2. Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
a. Make whole all the employees of Respondent Palumbo
mentioned in Appendix A, attached hereto and made a part
hereof, for earnings lost between November 7, 1941 and Decem-
ber 15, 1941, by paying the sum of $1,218.25 to the Regional
Director for the Second Region of the National Labor Relations
Board, in cash settlement of all claims for back pay arising in
this proceeding, said $1,218.25 to be distributed by the Regional
Director for the Second Region among the employees listed in
Appendix A.
PALUMBO CIGAR COMPANY, INC. 181
b. Withdraw all recognition from Palumbo Cigar Company,
Inc. Employees Welfare Association, as the representative of
any of its employees for the purpose of dealing with Respond-
ent Palumbo, concerning grievances, labor disputes, rates of pay,
wages, hours of work, or other conditions of employment, com-
pletely disestablish said Association as such representative by
notifying said Association that recognition has been withdrawn
and that any and all contracts and agreements between Re-
spondent Palumbo and said Association are void and of no
effect.
c. Bargain collectively upon request with the United Cigar
& Tobacco Workers Union, Local 647, affiliated with the C.I.O.
as representative of the majority of its production employees
employed in its New York Plant, exclusive of 'office, sales and
supervisory employees.
d. Immediately post copies of the notice attached hereto and
made a part hereof, marked Appendix B in conspicuous places
throughout Respondent Palumbo's plant and maintain such
notices for a period of 60 consecutive days from the posting of
such notices.
e. Notify the Regional Director of the National Labor Re-
lations Board for the Second Region within ten days of the
date of the approval by the National Labor Relations Board
of the stipulation upon which this order is based, what steps
the respondent has taken to comply therewith.
9. It is further stipulated and agreed that Respondent Pa-
lumbo and Respondent Suraci consent to the entry by the proper
Circuit Court of Appeals of an order enforcing the terms of the
Board's order described in paragraph 6 of this stipulation. It
is further agreed that Respondent Palumbo and Respondent
Suraci hereby waive notice of the application by the National
Labor Relations Board to the said Circuit Court of Appeals for
said enforcement order, and waive all rights to contest the entry
of said order.
10. The entire agreement between' the parties is contained
within the terms of this instrument and there is no verbal agree-
ment of any kind which varies, alters or adds to this stipulation.
11. This stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon such approval; the 5th amended charge, the complaint,
notice of hearing, answers, and this stipulation shall be filed with
the office of the Chief Trial Examiner in Washington, D. C.
and shall constitute the entire record in this proceeding.
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
1. Aidala, John 17. Modesti, Guiseffino
2. Barbolini , Odeadato 18. Modesti , Hector
3. Bellini, Salvatore 19. Mo'desti, S. Emanuele T. E.
4. Carlino, Carmela 20. Montano, F.
5. Coppola, -Vincent 21. Montano, Maddalino
6. De Cicce, Ernesto 22. Morano, Antonio
7. DiMaggio, Antonio 23. Pagano, Vincenzo
8. Di Santa, Luigi - 24. Pavia, Vincent
9. Ferrannini , Andrew 25. Pepitone , Calogero
10. Greco, Egiola 26. Peterugero , Vincenzo
11. Ingrassia, Giacomo 27. Picardi, Antony
12. Laviano , Gaetano 28 . Rageneze , Leonardo
13. Maggeri , Virgilio 29 . Riso, Gaetano
14. Malatesta, Valentino 30. Spagniola, Pasquale
15. Miglianni, Paul 31. Spadnude, Frank
16. Modesti , A. Patti E. -
APPENDIX B
NOTICE TO EMPLOYEES OF PALUMBO CIGAR COMPANY, INC.
Posted Pursuant to the agreement with the National Labor
Relations Board.
1. The Palumbo Cigar Company, Inc., will not in any manner in-
terfere with , restrain or coerce its employees in the exercise of their
rights to self-organization , to form, join or assist any labor organi-
zation, to bargain collectively through representatives of their
own choosing and to engage in concerted activities for the pur-
poses of collective bargaining and other mutual aid or protection
as guaranteed by Section 7 of the National Labor Relations Act.
2. The Palumbo Cigar Company, Inc., will not dominate or
interfere with the formation or administration of any labor or-
ganization of its employees, and will not contribute financial or
other support to any labor organization of its employees.
3. The Palumbo Cigar Company, Inc., withdraws, 'and will re-
frain from , all recognition of Palumbo Cigar Company , Inc. Em-
ployees' Welfare Association as the representative of any of its
employees for the purposes of collective bargaining. and com-
pletely disestablishes it as such representative , and all contracts,
agreements, understandings and arrangements entered into be-
tween the Palumbo Cigar Company, Inc., and Palumbo Cigar
Company, Inc. Employees' Welfare Association, including the
agreement dated September 10, 1941 are cancelled and will not be
given effect.
4. The Palumbo Cigar Company, Inc., will not urge, persuade
or warn its employees from becoming or remaining members of
PALUMBO CIGAR COMPANY, INC. 183
the United Cigar and Tobacco Workers Union; Local 647, affili-
ated with the C. I. O.,,and it will, not threaten the said employees
with discharge and other reprisals if they become 'members
thereof.
5. The Palumbo Cigar Company, Inc., will not discourage
membership in the United Cigar and Tobacco Workers Union,
Local 647, affiliated with the C. I. 0., or any other labor organiza-
tion by discriminating in regard to hire and tenure of employment
or term or condition of employment.
6. The Palumbo Cigar Conmpany, Inc., will not refuse to bar-
gain collectively with the United Cigar and Tobacco Workers
Union, Local 647, affiliated with the C. I. 0., as the representative
of the appropriate unit of its production employees, exclusive of
office, sales and supervisory employees, in respect to rates of pay,
wages, hours of work and other conditions of employment.
PALUMBO CIGAR COMPANY, INC.
By - , Official.
Dated :
SUPPLEMENTAL STIPULATION
A stipulation of settlement having been agreed to by Palumbo
Cigar Company, Inc., (hereinafter called the Respondent
Palumbo), Dominick Suraci, an individual (hereinafter called the
Respondent Suraci), Palumbo Cigar Company, Inc. Employees
Welfare Association, (hereinafter called the Association),
United Cigar and Tobacco Workers Union, Local 647, affiliated'
with the C. I .0., (hereinafter called the Union), and Drexel A.
Sprecher and Sidney Reitman, Attorneys, National Labor Rela-
tions Board, on January 20, 1942, and it being the desire of these
parties to modify this stipulation in the manner and respects
mentioned hereinafter,
IT IS HEREBY STIPULATED AND AGREED by and between Respond-
ent Palumbo, Respondent Suraci, the Association, the Union and
Drexel A. Sprecher and Sidney Reitman, attorneys for the
Board, that :
1. The parties agree that the ORDER, in paragraph 8 of the
stipulation, on pages 3, 4 and 5, shall be revised so as to read as
follows :
ORDER
Respondent Palumbo, its officers, agents, successors and
assigns shall :
1. Cease and desist from :
a. In any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organiza-
tion, to form, join or assist a labor organization to bargain
collectively through representatives of their own choosing, and
184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection, as guaranteed
by Section 7 of the National Labor Relations Act.
b: Dominating or interfering with the formation or admin-
istration of the Palumbo Cigar Company, Inc. Employees
Welfare Association or any other labor organization and from
lending support, financial or otherwise, to the Palumbo Cigar
Company, Inc. Employees Welfare Association or any other
labor organization.
c. Discouraging membership in United Cigar and Tobacco
Workers Union, Local 647, affiliated with the C. I. 0. or in
any other labor organization of its employees by discriminating
in regard to their hire and tenure of employment or any term
or condition of their employment.
d. Refusing to bargain collectively with United Cigar and
Tobacco Workers Union, Local 647, affiliated with the C. I. 0.
as the exclusive representative of its production employees
employed in its New York plant, exclusive of office, sales and
supervisory employees.
2. Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
a. Make whole each of the employees of Respondent
Palumbo mentioned in Appendix A, attached hereto and
made a part hereof, for earnings lost between November 7,
1941 and December 15, 1941, the sums appearing opposite their
respective names on Appendix A, in cash settlement of all
claims for back pay arising in this proceeding.
b. Withdraw all recognition from Palumbo Cigar Company,
Inc. Employees Welfare Association, as the representative of
any of its employees for the purpose of dealing with Respond-
ent Palumbo, concerning grievances, labor disputes, rates of
pay, wages, hours of work, or other conditions of employment,
completely disestablish said Association as such representative
by notifying said Association that recognition has been with-
drawn and that any and all contracts and agreements between
Respondent Palumbo and said Association are void and of no
effect.
c. Bargain collectively upon request with the United Cigar
& Tobacco' Workers Union, Local 647, affiliated with the
C. I. 0. as representative of the majority of its production
employees employed in its New York Plant, exclusive of
office, sales and supervisory employees.
d. Immediately post copies of the notice attached hereto and
made a part hereof, marked Appendix B in conspicuous places
throughout Respondent Palumbo's plant and maintain such
PALUMBO CIGAR COMPANY, 'INC. - 185
notices for a period of 60 consecutive days from the posting
of such notices.
e. Notify the Regional Director of the National Labor Rela-
tions Board for the Second Region within ten days of the
date of the approval by the National Labor Relations Board
of the stipulation upon which this order is based,'what steps
.the Respondent Palumbo has taken to comply therewith.
Respondent Suraci, his agents, successors and assigns shall:
1. Cease and desist from :
a. In any manner interfering with, restraining or coercing
the employees of the Respondent Palumbo in the exercise of
their rights to self-organization, to form, join or assist a labor
organization 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, as guaranteed by Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
a. Notify the Regional Director of the National Labor Rela-
tions Board for the Second Region within ten days of the date
of the approval by the National Labor Relations Board of the
stipulation upon which this order is based, what steps the
Respondent Suraci has taken to comply therewith.
2. Paragraph 9, page 6, line 2, of the stipulation, shall be
revised so that "paragraph 6" shall read "paragraph 8".
3. The entire agreement between the parties is contained
within the terms of the original stipulation of January 20, 1942
and this supplemental stipulation, and there is no verbal agree-
ment of any kind which varies, alters or adds to these
stipulations.
APPENmx A
1. Aidala, John ---------- $44.00 17. Modesti, Guiseffino__-_ $63.00
2 Barbolini, Odeadato___
3. Belini, Salvatore------
55.00
55.00
18. Modesti,
19. Modesti,
Hector ------
S. Emanuele
44.00
4. Carlino, Carmela------ 32.00 T. E.--------------- 26.00
5. Coppola, Vincent -- ---- 77.00 20. Montano, F----------- 52.00
6 De Cicce, Ernesto_____ 55.00 21. Montano, Maddalino__ 42 00
7 Di Maggio, Antonio___ 53.00 22. Morano, Antonio------ 3.08
8. Di Santa, Luigi ------- 43.00 23. Pagano, Vincenzo----- 42.00
9. Ferrannini, Andrew_-_ 3.08 24. Pavia, Vincent________ 38.00
10. Greco, Egiola_________ 24.00 25. Pepitone, Calogero____ 33.00
11. Ingrassia, Giacomo___ 3.08 26. Peterugero, Vincenzo-- 52.00
12. Laviano, Gaetano__--_ 20.01 27. Picard!, Antony ------- 35.00
13. Maggeri, Virgilio______ 46.00 28. Rageneze, Leonardo--- 44.00
14. Malatesta, Valentino__ 49.00 29. Riso, Gaetano_________- 27.00
15. Miglianni, Paul_______ 46.00 30. Spagniola, Pasquale___ 41.00
16. Modest!, A. Patti E__ 33.00 31. Spadnude, Frank___ . 38.00
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
NOTICE TO EMPLOYEES OF PALUMBO,CIGAR COMPANY, INC.
Posted Pursuant to the agreement with the National Labor
Relations Board.
1. The Palumbo Cigar Company, Inc., will not in any manner
interfere with, restrain or coerce its employees in the exercise of
their rights to self-organization, to form, join or assist any labor
organization, to bargain collectively through representatives of
their own choosing and to engage in concerted activities for the
purposes of collective bargaining and other mutual aid or pro-
tection as guaranteed by Section 7 of the National Labor Rela-
tions Act.
2. The Palumbo Cigar Company, Inc., will not dominate or
interfere with the formation' or administration of any labor or-
ganization of its employees, and will not contribute financial or
other support to any, labor organization of its employees.
3. The Palumbo Cigar Company, Inc., withdraws, and will
refrain from, all recognition of Palumbo Cigar Company, Inc.
Employees' Welfare Association as the representative of any of
its employees for the purposes of collective bargaining and com-
pletely disestablishes it as such representative, and all contracts,
agreements, understandings and arrangements entered into be-
tween the Palumbo Cigar Company, Inc., and Palumbo Cigar
Company, Inc. Employees' Welfare Association, including the
agreement dated September 10, 1941 are concelled and will not
be given effect.
4. The Palumbo Cigar Company, Inc., will not urge, persuade
or warn its employees from becoming or remaining members of
the United Cigar and Tobacco Workers Union, Local 647, affil-
iated with the C. I. 0., and it will not threaten the said em-
ployees with discharge and other reprisals if they become
members thereof.
5. The Palumbo Cigar Company, Inc., will not discourage
membership in the United Cigar and Tobacco Workers Union,
Local 647, affiliated with the C. I. 0., or any other labor organ-
ization by discriminating in regard to hire and tenure of em-
ployment or term or condition of employment.
6. The Palumbo Cigar Company, Inc., will not refuse to bar
gain collectively with the United Cigar and Tobacco Workers
Union, Local 647, affiliated with the C. •I. 0., as the representa-
tive of the appropriate unit of its production employees, ex-
clusive of office, sales and supervisory employees, in respect to
PALUMBO CIGAR COMPANY, INC., 187
rates of pay , wages , hours of work and other conditions of
employment.
PALUJMBO CIGAR COMPANY, INC.
By - ----, Ofcial.
Dated :
On February 7, 1942, the Board issued an order approving the
above stipulation and supplemental stipulation making them a part
of the record , and pursuant to Article II, Section 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
and the supplemental stipulation . Upon the basis of the above stip-
ulations and the entire record in the case, the Board makes the
following :
FINDINGS OF FACT °
I. THE BUSINESS OF RESPONDENTS
Respondent Palumbo, a New York corporation , having its prin-
cipal office and place of business at New York, New York, is engaged
in the manufacture , sale, and distribution of Italian type cigars and
related products . During the period from July 1, 1941, through
December 31, 1941, Respondent Palumbo purchased materials valued
in excess of $50,000, 95 percent of which were shipped to it from
points outside the State of New York and from countries other than
the United States of America. During the same period the respond-
ent manufactured , sold, and distributed finished products valued in
excess of $35,000, of which approximately 20 percent was sold and
shipped to points outside the State of New York.
Respondent Suraci acted as an agent of and in the interest of
Respondent Palumbo, and is an employer within the meaning of
Section 2 , subdivision (2) of the Act.
Respondent Palumbo and Respondent Suraci admit that they are
engaged in commerce within the Act.
We find that the above -described operations constitute a continuous
flow of trade , traffic, and commerce among the several States and
n ith foreign countries.
ORDER
Upon the basis of the above findings of fact, stipulation, and
supplemental 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 Respondent
Palumbo Cigar Company, Inc., New York City, its officers , agents,
successors , and assigns , shall:
188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1: Cease and desist from :
(a) In any manner interfering with, restraining, ' or coercing its
employees in the exercise of their rights to self-organization, to
form, join, or assist a labor organization, 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 by Section 7 of the National
Labor Relations Act;
(b) Dominating or interfering with the formation or administra-
tion of the Palumbo Cigar Company, Inc. Employees Welfare Asso-
ciation or any other labor organization and from lending support,
financial or otherwise, to the Palumbo Cigar Company, Inc. Em-
ployees Welfare Association or any other labor organization;
(c) Discouraging membership in United Cigar and Tobacco Work-
ers Union, Local 647,aaffiliated with the C. I. 0. or in any other labor
organization of its employees by discriminating in regard to their
hire and tenure of employment or any term or condition of their
employment ;
(d) Refusing to bargain collectively with United Cigar and
Tobacco Workers Union, Local 647, affiliated with the C. I. 0. as the
exclusive representative of its production employees employed in its
New York plant, exclusive of office, sales, and supervisory employees.
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act:
(a) Make whole each of the employees of Respondent Palumbo
mentioned in Appendix A, attached hereto and made a part hereof,
for earnings lost between November 7, 1941 and December 15, 1941,
the sums appearing opposite their respective names on Appendix A,
in cash settlement of all claims for back pay arising in this
proceeding ;
(b) Withdraw all recognition from Palumbo Cigar Company,
Inc. Employees Welfare Association. as the representative of any
of its employees for the purpose of dealing with Respondent
Palumbo, concerning grievances, labor disputes, rates of pay, wages,
hours of work, or other conditions of employment, completely dis-
establish said Association as such representative by notifying said
Association that recognition has been withdrawn and that any and
all contracts and agreements between Respondent Palumbo and said
Association are void of no effect;
(c) Bargain collectively upon request with the United Cigar &
Tobacco Workers Union, Local 647, affiliated with the C. I. 0. as
representative of the majority' of its production employees employed
in its New York Plant, exclusive of office, sales, and supervisory
employees;
PALUMBO CIGAR COMPANY, INC. 189
(d) Immediately post copies of the notice attached hereto and
made a part hereof, marked Appendix B, in conspicuous places
throughout Respondent Palumbo's plant and maintain such notices
for a period of 60 consecutive days from the posting of such notices;
(c) Notify the Regional Director of the National Labor Relations
Board for the Second Region within ten days of the date of the
approval by the National Labor Relations Board of the stipulation
upon which this order is based, what steps the Respondent Palumbo
has taken to comply therewith. , _
Respondent Dominick Suraci, New York City, his agents, succes-
sors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing the
employees of the Respondent Palumbo in the exercise of their rights
to self-organization, to form, join, or assist a labor organization 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, as guaranteed by Sec-
tion 7 of the National Labor Relations Act:
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act :
(a) Notify the Regional Director of the National Labor Relations
Board for the Second Region within ten days of the date of the
approval by the National Labor Relations Board of the stipulation
upon which this Order is based, what-steps the Respondent Suraci
has taken to comply therewith. '
CxA ALAN MILLIS took no part in the consideration of the above
Decision and Order.
APPENDIX A
1. Aidala, John-------------- $44 00
2. Barbolini, Odeadato ------- 55. 00
3. Bellini, Salvatore---------- 55.00
4. Carlino,,Carmela----------- 32 00
5 Coppola, Vincent___________ 77 00
.6. De Cicce, Ernesto --------- 55.00
^7 Di Maggio, Antonio -------- 53.00
8 Di Santa, Luigi ----------- 43.00
9 Ferrannini, Andrew -------- 3.08
10. Greco, Egiola -------------- 24 00
11. Ingrassia, Giacomo -------- 3.08
12. Laviano, Gaetano ---------- 20.01
13. Maggeri, Virgilio__________ 46.00
14. Malatesta, Valentino--_____ 49.00
15. Miglianni, Paul____________ 46.00
16. Modesti, A. Patti E-------- 33.00
17. ,vIodesti, Guiseffino--------- $63.00
18. Modesti , Hector -- ---------- 44.00
19. Modesti , S Emanuele T. E_ 26 00
20 Montano , F_______________ 52.00
21., Montano , Maddalino--__-__ 42 00
22 Morano , Antonio ___________ 3 08
23. Pagano, Vincenzo---------- 42 00
24. Pavi, Vincent_____________ 38.00
25. Pepitone , Calogero--------- 33.00
26. Peterugero . "Vincenzo------ 52. 00
27. Picardi , Antony ----------- 35 00
28. Rageneze , Leonardo ------- 44.00
29. Riso, Gaetano_____________ 27.00
30. Sp ,igniola, Pasquale ------- 41 00
31 Spadnude , Frank__________ 38.00
0
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
NOTICE TO EMPLOYEES OF PALUMBO CIGAR COMPANY, INC.
Posted Pursuant to the agreement with the National Labor Rela-
tions Board.
1. The Palumbo Cigar Company, Inc., will not in any manner
interfere with, restrain or coerce its employees in the exercise of
their rights to self-organization, to form, join or assist any labor
organization, to bargain collectively through representatives of their
own choosing and to engage in concerted activities for the purposes
of collective bargaining and other mutual aid or protection as
guaranteed by Section 7 of the National Labor Relations Act.
2. The Palumbo Cigar Company, Inc., will not dominate or inter-
fere with the formation or administration of any labor organization
of its employees, and will not contribute financial or other support
to any labor organization of its employees.
3. The Palumbo Cigar Company, Inc., withdraws, and will refrain
from, all recognition of Palumbo Cigar Company, Inc. Employees'
Welfare Association as the representative of any of its employees
for the purposes of collective bargaining and completely disestablishes
it as such representative, and all contracts, agreements, understand-
ings and arrangements entered into between the Palumbo Cigar Com-
pany, Inc., and Palumbo Cigar Company, Inc. Employees' Welfare
Association, including the agreement dated September 10, 1941 are
cancelled and will not be given effect.
4. The Palumbo Cigar Company, Inc., will not urge, persuade or
warn its employees from becoming or remaining members of the
United Cigar and Tobacco Workers Union, Local 647, affiliated with
the C. I. 0., and it will not threaten the said employees with dis-
charge and other reprisals if they become members thereof.
5. The Palumbo Cigar Company, Inc., will not discourage mem-
bership in the United Cigar and Tobacco Workers Union, Local 647,
affiliated with the C. I. 0., or any other labor organization by dis•
criminating in regard to hire and tenure of employment or term
or condition of employment.
6. The Palumbo Cigar Company, Inc., will not refuse to bargain
collectively with the United Cigar and Tobacco Workers Union
Local 647, affiliated with the C. I. 0., as the representative of the
appropriate unit of _its production employees, exclusive of office, sales
and supervisory employees, in respect to rates of pay, wages, hours
of work and other conditions of employment.
PALUMBO CIGAR COMPANY, INC.
By Official.
Dated :