Sunnyvale, Incorporated, a Corporation

National Labor Relations Board - Board Decisions

Dec 9, 1938

10 N.L.R.B. 383 (N.L.R.B. 1938)

In the Matter of SUNNYVALE, INCORPORATED, A CORPORATION and IN-
TERNATIONAL LADIES' GARMENT WORKERS UNION
Case No. C-1073.-Decided December 9, 1938
Dress Manufacturing Industry-Settlement: stipulation providing for com-
pliance with -Act, reinstatement and back pay--Oi der: entered on stipulation.
Mr. Geoffrey J. Cunniff, for the Board.
Mr. Max Borgenicht, of Scranton, Pa., for the respondent.
Mr. Abraham Etkin, of Scranton, Pa., for the Union.
Mr. Langdon West, of counsel to the Board. _
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges duly filed by International Ladies' Garment Workers'
Union, herein called the Union, the National Labor Relations Board,
herein- called the Board, by the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania), issued its complaint dated
November 2, 1938, against Sunnyvale, Incorporated, Scranton, Penn-
Sylvania, herein called the respondent, alleging that the respondent
had engaged in and was 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. A copy of the complaint and notice of hearing there-
on were duly served upon the respondent and the Union. The re-
spondent did not file an answer to the complaint.
Concerning the unfair labor practices the complaint alleged, in sub-
stance, that the respondent terminated the employment of and refused
to reinstate one named employee because she joined and assisted the
Union and engaged in concerted activities with other employees of
the respondent for the purposes of collective bargaining and other
mutual aid and protection, and that the respondent, by the aforesaid
act and by speeches, suggestions, threats, and by other acts, inter-
fered with, restrained, and coerced its employees in the exercise of
the rights guaranteed in Section 7 of the Act.
10 N. L. R.B,No.28.
383
384 NATIONAL LABOR RELATIONS BOARD
On November 10, 1938, the respondent, the Union, and counsel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
It is hereby stipulated by and between Sunnyvale, Incorporated,
a corporation, respondent herein, International Ladies Garment
Workers Union, a party herein, and Geoffrey J. Cunniff, attor-
ney for the National Labor Relations Board, that:
1. Upon charges duly filed by the International Ladies Gar-
ment Workers Union, the National Labor Relations Board, by
the Regional Director for the Fourth Region, acting pursuant to
authority granted in Section 10 (b) of the National Labor Rela-
tions Act, 49 Stat. 449, and its Rules and Regulations, Series 1,
as amended, Article 4, Section 1, issued its complaint on the 2nd
day of November, 1938, against Sunnyvale, Incorporated, respond-
ent herein.
II. Respondent, Sunnyvale, Incorporated, is and has been since
on or about October 15, 1934, a corporation organized and exist-
ing by virtue of the laws of the State of New York, and is now
and has been licensed to do business in the State of Pennsylvania,
with a principal place of business in the City of Scranton, County
of Lackawanna, State of Pennsylvania, and it is, at the present
time, engaged at the Scranton plant in the manufacture, sale and
distribution of women's dresses and other kindred -products.
III. The respondent, Sunnyvale, Incorporated, in the course and
conduct of its business at its Scranton plant, uses, among other
things, the following materials, supplies or commodities : uncut
dress goods of various kinds and descriptions, and findings; and
acquires 50 per cent of these materials in States of the United
States other than the State of Pennsylvania, and in the course
and conduct of its business causes and has continuously caused
50 per cent of its raw materials to be transported in interstate com-
merce from and through States of the United States other than
the State of Pennsylvania, to its Scranton plant, in the State of
Pennsylvania, and there these raw materials are manufactured by
the respondent into the products enumerated in paragraph 2
above.
IV. The respondent, Sunnyvale, Incorporated, manufactures
the products set forth in paragraph 2 at its Scranton plant, and
causes and has continuously caused approximately 50 per cent of
these products produced by it to be sold and transported in inter-
state commerce from its Scranton plant to, into and through
States of the United States other than the State of Pennsylvania.
The total value of products manufactured, sold and distributed
by the respondent at its Scranton plant, for the past 12-month
period, is approximately $200,000.
DECISIONS AND ORDERS 385
V. The respondent, Sunnyvale, Incorporated, is engaged in in-
terstate commerce within the meaning, of the National Labor Re-
lations Act and the decisions of the United States Supreme Court
therein.
VI. The respondent,, Sunnyvale, Incorporated, in the course
and conduct of its business at its Scranton plant, as above set
forth, during normal seasons, employs approximately 200 em-
ployees. The average pay roll for a normal 12-month period is
$40,000.
VII. This stipulation, together with the charge, complaint, no-
tice of hearing, and Rules and Regulations of the National Labor
Relations Board, may be introduced as evidence by filing them
with the Chief Trial Examiner of the National Labor Relations
Board, designated by said Board to conduct a hearing herein.
VIII. The taking of further testimony or evidence before the
Examiner in this matter and the making of findings of facts and
conclusions in the Board pursuant to the provisions of the Na-
tional Labor Relations Act, are hereby expressly waived by the
respondent herein.
IX. Upon this stipulation, if approved by the National Labor'
Relations Board, and upon the record herein, an order may forth-
with be entered by said.Board and by the appropriate United
States Circuit Court of Appeals, without further notice of the
application for enforcement thereof, providing as follows:
The respondent, Sunnyvale, Incorporated, and its officers,
agents, successors and assigns shall:
1. Cease and desist-
,(a) from in any manner interfering with, restraining or coerc-
ing its employees in the exercise of their rights to self-organiza-
tion, to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to en-
gage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection, as guaranteed in Sec-
tion 7 of the National Labor Relations Act;
(b) From discriminating against any employee in regard to
hire or tenure of employment or any condition of employment or
in any other manner because of membership in and activity in
behalf of any labor organization.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Post notices, a copy of which is hereby annexed and
marked Exhibit Aj in conspicuous places in and about its Scran-
ton plant, Scranton, Pennsylvania; said notice to be posted for
30 days from date of entry of Board's order;
1 See Appendix A of the Decision and Order below.
386 NATIONAL LABOR RELATIONS BOARD
(b) Offer to Xenia Gryska full reinstatement to her former
position of employment at the Scranton plant without loss of
seniority and without prejudice to any rights and privileges pre-
viously enjoyed by her, as soon as work shall become available
for her in her former position ;
(c) Make whole said Xenia Gryska for the loss of pay suffered
by payment to her within one week after the approval of this
stipulation by the Board the sum of $100 00, which sum is in full
settlement of the amount which she would have earned as wages
from May 13, 1938, to the date of payment;
(d) Notify the Regional Director for the Fourth Region, in
writing, of compliance with this order within thirty (30) days
from the date of its entry by the Board.
X. It is stipulated and agreed that the appropriate United
States Circuit Court of Appeals may, upon application of the
National Labor Relations Board, enter a decree enforcing the
aforesaid order of the Board, respondent hereby expressly waiv-
ing its rights to contest the entry of such decree in the appropriate
United States Circuit Court of Appeals, and, further, expressly
waiving its rights to receive notice of the filing by the National
Labor Relations Board of an application for the entry of such a
decree.
XI. It is further stipulated and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
On November 17, 1938, a copy of the charge, the complaint, and
notice of hearing thereon, National Labor Relations Board Rules
and Regulations-Series 1, as amended , and the stipulation were filed
with the Chief Trial Examiner of the Board at Washington, D. C.,
and thereby became part of the record.
On December 1, 1938, the Board issued its order approving the
above stipulation, making it part of the record, and transferring the
proceeding to the Board for the purpose of entry of a decision and
order by the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a New York corporation , is engaged in the man-
ufacture, sale, and distribution of women's dresses and other kindred
products , with its principal office and place of business at Scranton,
Pennsylvania . In the operation of its business the respondent uses
uncut dress goods and findings, 50 per cent of which are shipped to
its Scranton plant from points outside the State of Pennsylvania.
DEC_S IONS AND ORDERS 387
During the period from November 10, 1937 , to November 10, 1938,
the finished products manufactured by the respondent amounted in
value to about $200,000, of which approximately 50 per cent were
shipped from the respondent 's plant to points outside the State of
Pennsylvania.
We find that the above -described operations constitute a continu-
ous flow of trade, traffic , and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, stipulation , and the
entire record in the case and pursuant to Section 10 (c) of the Na-
tional - Labor Relations Act, the National Labor Relations Board
hereby orders that Sunnyvale , Incorporated , Scranton , Pennsylvania,
and 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) Discriminating against any employee in regard to hire or
tenure of employment or any condition of employment or in any
other manner because of membership in and activity in behalf of any
labor organization.
2. Take the following affirmative action, which the Board finds
-will effectuate the policies of the Act :
(a) Post notices , a copy of which is hereby annexed and marked
Appendix A, in conspicuous places in and about its Scranton plant,
Scranton, Pennsylvania ; the said notices to be posted for thirty (30)
days from date of entry of this Order;
(b) Offer to Xenia Gryska full reinstatement to her former posi-
tion of employment at the Scranton plant without loss of seniority
and without prejudice to any rights and privileges previously en-
joyed by her, as soon as work shall become available for her in her
former position;
(c) Make whole said Xenia Gryska for the loss of pay suffered
by payment to her within one week after the approval of this stipu-
lation by the Board the sum of $100.00, which sum is in full settle-
ment of the amount which she would have earned as wages from
May 13, 1938, to the date of payment ;
(d) Notify the Regional Director for the Fourth Region, in writ-
ing, of compliance with this Order within thirty (30) days from the
date of its entry by the Board.
388 NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE
Sunnyvale, Incorporated will not interfere with, restrain, or coerce
its employees in' the exercise of their 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 purposes of collective bargaining or other
mutual aid and protection, as guaranteed under Section 7 of the Na-
tional Labor Relations Act.
SUNNYVALE , INCORPORATED.
By