Sanitary Products Corp. of America

National Labor Relations Board - Board Decisions

Nov 8, 1940

27 N.L.R.B. 1250 (N.L.R.B. 1940)

,In the Matter Of SANITARY PRODUCTS CORPORATION OF AMERICA and
UNITED BAG WORKERS & ALLIED TRADES LOCAL INDUSTRIAL UNION
No. 35, AFFILIATED WITH THE C. 1. 0.
Case No. C-1710=Decided November 8, 1940
Jurisdiction : paper specialties manufacturing industry.,
Settlement : stipulation-providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Jerome I. Macht, for the Board.
Mr. John V. Dunne, of New York City, and Mr. David A. Wicker-
ham,-of Plainfield, N. J., for the respondent.
Mr. Malcolm A. Hoffmann, of counsel to the Board.
DECISION'
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Bag
Workers & Allied Trades.Local Industrial Union No. 35, . affiliated
with the Congress of Industrial Organizations, herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Acting Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania), issued its complaint dated August 21, 1940,
against Sanitary Products Corporation of America, Philadelphia,
Pennsylvania, and Plainfield, New Jersey, herein called the re-
spondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1), (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, containing a notice of hearing, was duly
served upon the respondent and the Union. The complaint alleged
in 'substance, with respect to the unfair labor practices, (1) that the
respondent on' or about December 11, 1939, January 31, 1940, and at
all times thereafter refused to bargain collectively With the Union
as the exclusive representative of its employees in an appropriate
unit; (2) that on or about January 29, 1940, the respondent closed
27 N L R B, No. 201;
1250
SANITARY PRODUCTS CORPORATION OF AMERICA 1251
its 'Philadelphia plant, locked out, and terminated the employment
of, eight- named , employees whom it has since refused to reinstate,
for the purpose of discouraging membership in the Union thereby
discriminating against said employees in respect to their hire and
tenure of employment; and (3) that by these and other acts the
respondent interfered with, restrained, and coerced its employees in
the exercise of their rights to self-organization, and to engage in
concerted activities with other employees for their mutual aid and
protection.
On September 20, 1940, the respondent filed its answer admitting
that it is engaged in commerce, but denying, the commission of the
alleged unfair labor practices. Pursuant to notice, a hearing was
held on September 23, 24, 25, 26, October 1, and 2, 1940, at Philadel-
phia, Pennsylvania, before Henry J. Kent, the Trial Examiner duly
designated by the Board. The Board, represented by counsel, and
the respondent, by its representatives, participated in the hearing.
On October 2, 1940, the respondent, the Union, and an attorney for
the Board entered into a stipulation subject to the approval of the
Board in settlement of the case, and the hearing was adjourned
sine die pending the Board's approval of said stipulation. On Octo-
ber 21, 1940, the respondent, the Union, and an attorney for the Board
entered into' a supplemental stipulation modifying and amending
the stipulation of October 2, 1940. Since, as stated below, the Board
has approved said stipulation and supplemental stipulation, the
hearing is hereby closed. The stipulation as modified and amended
provides: _
It is hereby stipulated by and between Sanitary Products
Corporation of America, respondent, hereinafter referred to as
the respondent; United Bag Workers & Allied Trades Local
Industrial Union No. 35, affiliated with the, C. I. 0., a party,
hereinafter referred to as the Union; and Jerome I. Macht,
attorney for the National, Labor Relations Board, that :
I. This stipulation, together with all of the exhibits and the
transcript of hearing, shall constitute the record in this
proceeding.
H. The taki;ig of further testimony or evidence before the
Trial Examiner in this matter, and the making of findings of
fact and conclusions of law by the Board, pursuant to the pro-
visions of the National-Labor Relations Act, are hereby' expressly
waived by the parties herein. '
III. Upon the record herein, and upon this stipulation, if
approved by'the National Labor Relations Board, an order may
be entered by the Board providing as follows:
1252 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
The respondent, Sanitary Products Corporation of America,
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-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 purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act;
(b) From discouraging membership in the United Bag
Workers & Allied Trades Local Industrial Union No. 35, or
any other labor organization of its employees by lay-off or in
any other manner discriminating against its employees in regard
to the hire or tenure of employment, or condition of employment
of any of its employees by reason of their membership in the
United Bag Workers & Allied Trades Local Industrial Union
No. 35, or my other labor organization of its employees;
(c) From refusing to bargain collectively with the United
Bag Workers & Allied Trades Local Industrial Union No. 35,
as the exclusive representative of all of its employees at the
Plainfield, New Jersey, plant, excluding clerical and supervisory
employees ;
2. Take the following affirmative action:
(a) Offer to M. Franecke, G. Karpen, J. Juggla, M. Rozanska,
A. Cerawski, Frances Franecke, and A. Wagner, immediate and
full reinstatement to their former positions or equivalent Dosi-
tions at the Plainfield, New Jersey, plant, without loss of seniority
and without prejudice to the rights arid privileges previously
enjoyed by them;
(b) Make whole for the loss of pay suffered by each of the fol-
lowing named employees, by payment to each of them, respec-
tively, the sum set opposite his or her name, which is as follows:
Al. Franecke -------------------------- $126.00
G. Karpen ----------------------------------------- 102.00
J. Juggla ------------------------------------------ 188 00
M.Rozauska --------------------------------------- 120 00
A. Cerawski--------- ------------------------------- 104 00
Frances Franecke --------------------------------- 195.00
A. Wagner ---------------------------------------- 123.00
(c) Upon request bargain collectively with the United Bag
Workers & Allied Trades Local Industrial Union No. 35 as the
exclusive representative of all of its employees in the Plainfield,
New Jersey, plant; excluding clerical and supervisory employees,
SANITARY PRODUCTS CORPORATION OF AMERICA 1253
with respect to rates of pay, hours of employment, and other
conditions of employment; ,
(d) Immediately post notices in conspicuous places at the
Plainfield, New Jersey, plant and maintain such notices for a
period of sixty (60) consecutive days, as follows :
NOTICE TO EMPLOYEFS OF
SANITARY PRODUCTS CORPORATION OF AMERICA
i
The Company will not interfere with, restrain, or coerce its
employees in the exercise of their rights to self-organization, to
form, join, 'or not to join or assist the United Bag Workers &
Allied Trades Local Industrial Union No. 35, affiliated with
the C. 1. 0., or any other labor organization, to bargain collectively
through representatives of their own choosing, and to. engage
in concerted activities for the purposes of collective bargaining
or other mutual aid and protection, as guaranteed under Section
7 of the National Labor Relations Act.
The Company will bargain collectively with the United Bag
Workers & Allied Trades Local Industrial Union No. 35, affil-
iated with the C. I. 0., as the exclusive representative of its
employees excluding clerical and supervisory employees concern-
ing wages, hours, and other conditions of employment.
SANITARY PRODUCTS CORPORATION OF AMERICA,
By D. A. WICICERHAM, Vice President.
(e) Notify the Regional Director for the Fourth Region, in
writing, within ten (10)" days of the date of this order, the steps
respondent has taken to comply herewith.
IV. Respondent, Sanitary Products Corporation of America,
hereby consents to the entry by the appropriate United States
Circuit Court of Appeals, upon application by the National Labor
Relations Board, of a consent decree enforcing the order of the
Board in the form hereinabove set forth, and waives its right to
contest the entry of such decree, expressly waiving its right to
receive notice of the filing by the National Labor Relations Board
of an application for the entry of such a decree.
V. It is stipulated and agreed that the notice, as provided in
paragraph III, 2 (d) shall be posted by respondent- immediately
upon approval of this stipulation by the Board.
VI. It is stipulated and agreed that the- respondent will comply
with the provisions set forth above in paragraphs III, 1 and 2,
immediately upon approval of this stipulation by the Board.
VI A. It is further stipulated and agreed that the complaint
be dismissed in so far as it alleges that the Respondent discrimi-
i
1254 DECISIONS OF NATIONAL -LABOR RELATIONS,,-BOARD _
nated with regard to the hire and tenure of employment of T.
Zembruski.
VII. It is further stipulated and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
VIII. This stipulation contains the entire agreement of the
parties, and there is no verbal agreement of any kind which varies,
alters, or adds to this stipulation. -
On October 26, 1940, the Board issued and duly served on respondent
and the Union an order approving the stipulation dated October 2,
1940, and the supplemental stipulation dated October 21, 1940, making
them part of the record in the case, and transferring the case to and
continuing it before the Board for the purpose of entry of a Decision
and Order by the Board pursuant to the' provisions of the said
stipulation and supplemental stipulation.'
Upon the said stipulation, supplemental' stipulation, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Sanitary Products Corporation ofAmerica, a Virginia corporation,
maintained its principal office and place of business in Philadelphia,
Pennsylvania, until on or about February 1, 1940, where it engaged
in the manufacture, sale, and distribution of paper specialties, in-
cluding paper forks, spoons, and plates. On or about February 1,,
1940, the respondent removed its operations to Plainfield, New Jersey.
In the manufacture of its products, paper was and is the raw material
principally used by the respondent. During the past fiscal year the
respondent purchased raw materials valued at approximately $140,000,
all of which were shipped to the respondent's plants at Philadelphia,
Pennsylvania, and at Plainfield, New Jersey, from States other than
the States of Pennsylvania and New Jersey. During the same year
the respondent sold 2,250 tons of finished products valued at approxi-
mately $310,000, 85 per cent of which were shipped to States other
than the States of Pennsylvania and New Jersey.
-The respondent concedes that it is engaged in commerce within the
meaning of Section 2 (6) of the Act.
We find that the above described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
The National Labor Relations Board hereby orders that Sanitary
Products Corporation of-America, its officers, agents, successors and
assigns shall: - - -
SANITARY PRODUCTS CORPORATION OF AMERICA 1255
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 labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or.
protection , as guaranteed in Section 7 of the National Labor Relations
Act;
(b) From discouraging membership in the United Bag Workers &
Allied Trades Local Industrial Union No. 35, or any other labor or-
ganization of its employees by lay-off or in any • other manner dis-
criminating against its employees in regard to -the hire or tenure of
employment , or condition of employment of any of its employees by
reason of their membership in the United Bag Workers & Allied
Trades Local Industrial Union No. 35, ors any other labor organization
of its employees;
(c) From refusing to bargain collectively with the United Bag
Workers & Allied Trades Local Industrial Union No. 35 as the ex-
clusive representative of all of its employees at the Plainfield, New
Jersey, plant , excluding clerical and supervisory employees;
2.1 Take the following affirmative action :
( a) Offer to Al . Franecke , G. Karpen, J: Juggla, Al. Rozanska, A.
Cerawski, Frances Franecke, and A. Wagner, immediate and full
reinstatement to their former positions, or equivalent positions at the
Plainfield, New Jersey, plant, without loss of seniority and without
prejudice to the rights and privileges previously enjoyed by them;
(b) Make whole for the loss of pay suffered by each of the following
named employees , by payment to each of them, respectively , the sum
set opposite his or her name, which is as follows :
M. Franecke------------------------------------------- $126.00
G. I apen ---------------------------------------------- 10200
J. Juggla----------------------------------------------- 188 00
M. Rozanska-------------------------------------------- 120.00
A. Cera wski-------------------------------------------- 104. 00
Frances Franecke-------------------------------------- 195.00
A Wagner---------------------------------------------- 123 00
(c) Upon request bargain collectively with the United Bag Workers
& Allied Trades Local Industrial Union No. 35 as the exclusive repre-
sentative of all of its employees in the Plainfield, New Jersey , plant,
excluding clerical and supervisory employees , with respect to rates of
pay, hours of employment, and other conditions of employment;
(d) Immediately post notices in conspicuous places at the Plain-
field, New Jersey, plant and maintain such notices for a period of
sixty (60) consecutive days; as follows:
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
NOTICE TO EMPLOYEES OF
SANITARY PRODUCTS CORPORATION OF AMERICA
'The Company will not interfere with, restrain , or coerce its
employees in the exercise of their rights to self-organization, to
form, join, or not to join or assist the United Bag Workers &
Allied Trades Local Industrial Union,No. 35, affiliated with the
C. I. 0., or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in
concerted' activities for the purposes of collective bargaining or
other mutual aid and protection, as guaranteed under Section 7
of the National Labor Relations Act.
The Company will bargain collectively with the United Bag
Workers & Allied Trades Local Industrial Union No. 35, affiliated
with the C. I. 0., as the exclusive representative of its employees
excluding clerical and supervisory employees concerning wages,
hours, and other conditions of employment.
SANITARY PRODUCTS CORPORATION OF AMERICA,
By D., A. WICKERHAM, Vice President.
(e) Notify the Regional Director for the Fourth Region, in writing,
within ten (10) days of the date of this order, the steps respondent
has taken to comply herewith.
AND IT IS FURTIIF.R ORDERED that the complaint be and it hereby is
dismissed in so far as it alleges that the respondent discriminated
with regard to the hire and tenure of employment of T. Zembruski.