Sunshine Wet Wash Laundry, Inc.

National Labor Relations Board - Board Decisions

Jan 22, 1940

19 N.L.R.B. 764 (N.L.R.B. 1940)

In the Matter of SUNSHINE WET WASH LAUNDRY, INC. and SUNSHINia
LAUNDRY EMPLOYEES ASSOCIATION AND INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, STABLEMEN & HELPERS OF AMERICA,
LOCAL No. 560, PARTY TO THE CONTRACT
Case No. C-1454.-Decided January 20 , 1940
Laundry and Dry Cleaning Industry-Settlement: stipulation providing for
compliance with the Act, including reinstatement of two employees and the
placing of five employees on a preferential hiring list-Complaint : dismissed as
to allegations of discrimination against 18 employees and as to allegations of
violation of Section 8 (5)-Order: entered on stipulation.
Mr. Martin I. Rose, for the Board.
Mr. Maurice A. Pompan, of New York City, for the respondent.
Mr. John F. X. Landrigan, of Bayonne, N. J., for the Association.
Mr. Jacob Friedland, of Jersey City, N. J., for the Brotherhood.
Mr. Harold M. Weston, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by the Sunshine Laundry Em-
ployees Association, herein called the Association, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Second Region (New York City) issued its complaint dated
September 5, 1939, against Sunshine Wet Wash Laundry, Inc., Bay-
onne, New Jersey, herein called the respondent, alleging that the re-
spondent 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. Copies of the complaint accom-
panied by a notice of hearing were duly served upon the respondent,
the Association, and the International Brotherhood of Teamsters,
Chauffeurs, Stablemen & Helpers of America, Local No. 560, herein
called the Brotherhood.
Regarding the unfair labor practices, the complaint alleged, in sub-
stance, that the respondent, in or about August 1936, discharged
19 N. L. R. B. No. 82.
764
SUNSHINE WET WASH LAUNDRY, INOORPORATED 765
Edgar H. Wode, employed at its Bayonne plant, and has since refused
to reinstate him, because he joined and assisted the Association and
engaged in other concerted activities for the purposes of collective
bargaining and other mutual aid and protection ; that from in and
about March 1936, and thereafter to the date of the issuance of the
complaint, the respondent, by its officers and agents, has urged, per-
suaded, and warned employees at its Bayonne plant to refrain from
becoming or remaining members of the Association, has threatened
them with discharge and other reprisals if they became or remained
members thereof, and has kept under surveillance the meetings and
meeting places of the members of the Association; that on or about
August 24, 1936, 24 named employees 1 of the respondent went out on
strike because of the above-described unfair labor practices and that
said strike was prolonged by the unfair labor practices hereinafter
set forth; that on or about September 1, 1936, and at all times there-
after, the respondent refused to bargain collectively with the Associa-
tion as the exclusive representative of all production and maintenance
employees, including male truck drivers and salesmen, at its Bayonne
plant, although the majority of these employees designated the As-
sociation. as their representative for the purpose of collective bargain-
ing and said employees constituted an appropriate unit for that pur-
pose; that on or about September 3, 1936, the respondent entered into
a closed-shop contract with the Brotherhood in respect to the wages,
hours, and other conditions of employment of the male truck drivers
and salesmen of the respondent, although on said date the Brother-
hood had not been designated by and did not represent a majority of
any of the employees of the respondent, and that said contract was,
on March 7, 1938, renewed by the Brotherhood and the respondent;
that on or about September 5, 1936, the respondent refused and
thereafter continued to refuse, to reinstate the striking employees
referred to above, because they joined and assisted the Association
and engaged in other concerted activities for the purposes of collec-
tive bargaining and other mutual aid and protection and, more par-
ticularly, because they went out on strike; and that by the aforesaid
.acts, and refusals to act, the respondent has interfered with, re-
strained, and coerced its employees in the exercise of their rights guar-
anteed in Section 7 of the Act.
'The names of the 24 employees are : Helen Beach, Ethel Burnell, Josephine Caiola,
Helen Charmel, Albert Demanjovich, Anna Stefko Demanjovich, Mrs. Julia Demanjovich,
Gladys Fraser, Mrs. Anna Prokop Furchak, Carrie Kolakowski, Tessie Levandowski, Fran-
ces Loch, James Lowery, Anna Papson, Tessie Polakowski, William Pomel, Thomas Shaw,
Mrs. Alice Sodrick, Arthur Trainor, Susan Tucker, Emily Wilson, Gus Wolfle, Henry
Frommer, and Helen Sosnowski. Tessie Levandowski, Thomas Shaw, Arthur Trainor,
Susan Tucker, and Gus Wolfle are referred to, respectively, as Tessie Levandowski Deman-
jovich, Thomas Schaul (Shaw), Anthony Trainor, Susan Tukar (Tucker), and August
Wolfe, in the stipulation entered into by the parties in settlement of the case and in the
order which we shall issue thereon.
766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On September 16, 1939, the respondent filed its answer to the
complaint. In its answer the respondent admitted the execution of
the contract with the Brotherhood alleged in the complaint, and
the renewal thereof, but denied the jurisdiction of the Board and
all averments of unfair labor practices, and affirmatively alleged
that the discharge of Wode and all of its acts with respect to its
truck drivers and salesmen were in conformity with, and in the
exercise of its rights under individual contracts of employment en-
tered into between the respondent and said employees.
On September 19, 1939, the Brotherhood filed its answer to the
complaint, admitting that it had entered into a closed-shop agree-
ment with the respondent, but denying that, at the time of the con-
summation of said contract, the Brotherhood had not been designated
by and did not represent a majority of the chauffeurs employed
by the respondent, and also denying all allegations with respect
to the unfair labor practices.
On September 29, 1939, the Regional Director issued a notice of
postponement of the hearing, copies of which were duly served
upon the respondent, the Association, and the Brotherhood.
On November '17, 1939, the respondent, the Association, the
Brotherhood, and counsel for the Board entered into a stipulation
in settlement of the case. This stipulation provides as follows :
It is hereby stipulated and agreed by and among Sunshine
Wet Wash Laundry, Inc., respondent herein, International
Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers
of America, Local No. 560, affiliated with the A. F. of L., party
to the contract, Sunshine Laundry Employees Association, and
Martin I. Rose, attorney for the National Labor Relations Board,
that :
1. Upon charges duly filed by Sunshine Laundry Employees
Association, the National Labor Relations Board, by the Regional
Director for the Second Region, acting pursuant to authority
in Section 10 (b) of the National Labor Relations Act (49
Stat. 449), and its Rules and' Regulations, Series 2, Article
IV, Section 1, issued its complaint on the 5th day of September
1939, against Sunshine Wet Wash Laundry, Inc., respondent
herein.
II. Respondent Sunshine Wet Wash Laundry, Inc., is and
has been since June 1, 1925 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 29 West
30th Street, City of Bayonne, County of Hudson, State of New
Jersey, and is now and has been continuously engaged at a
place of business at 29 East 30th Street, City of Bayonne,
SUNSHINE WET WASH LAUNDRY, INOORPORATED 767
County of Hudson, State of New Jersey, hereinafter called the
Bayonne plant, in the general laundry and dry cleaning business
including the collection, laundering, dry cleaning and distribu-
tion of cloths and clothing and related products.
III. The chemicals, material and fuel used by respondent
Sunshine Wet Wash Laundry, Inc., in operations in said
Bayonne plant are : acetic acid, oxalic acid, tri-chlor ethyln,
boxes, paper, gum tape, twine, oil.
A. The respondent Sunshine Wet Wash Laundry, Inc. pur-
chases and uses annually in the operations of said Bayonne plant
between $2,000.00 and $3,000.00 of such materials, chemicals
and fuel, amounting in bulk to approximately 1 ton, of which
50% is shipped during such period to said Bayonne plant from
places outside the State of New Jersey. Some of such places
from which said materials, chemicals and fuel are shipped to
said Bayonne plant are New York and Pennsylvania. Such
shipments are by truck.
B. The annual volume of business of respondent Sunshine
Wet Wash Laundry, Inc., is in dollar value approximately
between $100,000.00 and $150,000.00 and by bulk approximately
1,200,000 lbs. of cloths, clothing and related products laundered
and dry cleaned in said Bayonne plant. Approximately 12%
of such annual business in dollar value and by bulk is done
outside the State of New Jersey, namely, in the State of New
York.
C. Respondent Sunshine Wet Wash Laundry, Inc., operates
a fleet of 13 trucks as a necessary and integral part of its busi-
ness. By means of such trucks, cloths, clothing, and related
products are collected and delivered to said Bayonne plant and
after having been laundered and/or dry cleaned in said plant
are shipped and distributed from said plant to said respondent's
customers including customers outside the State of New Jersey.
The drivers of said trucks also solicit business and make col-
lections of payments due said respondent. Such solicitation
and collection is performed within and without the State of
New Jersey.
D. The total number of employees normally employed by
respondent Sunshine Wet Wash Laundry, Inc., is: production
50, clerical 2, shipping 13.
E. Respondent Sunshine Wet Wash Laundry, Inc., advertises
in Bayonne which circulate in New Jersey.
IV. Respondent Sunshine Wet Wash Laundry, Inc., is en-
gaged in interstate commerce within the meaning of the National
Labor Relations Act and the decisions of the United States
Supreme Court thereunder.
1768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. Sunshine Laundry Employees Association and Inter-
national Brotherhood of Teamsters , Chauffeurs , Stablemen &
Helpers of America, Local No. 560 , are labor organizations
within the meaning of Section 2 ( 5) of the National, Labor
Relations Act.
VI. This stipulation, together with the charge, amended
charges, complaint , notice of hearing and postponements thereof,
answers, and Rules and Regulations of the National Labor
Relations Board may be introduced as evidence by filing them
at Washington , D. C., with the Chief Trial Examiner of the
National Labor Relations Board.
VII. The taking of testimony or evidence in this proceeding
and the making of findings of facts and conclusions by the
National Labor Relations Board pursuant to the provisions of
the National Labor Relations Act are hereby expressly waived
by the respondent Sunshine Wet Wash Laundry, Inc., Inter-
national Brotherhood of 't'eamsters , Chauffeurs , Stablemen &
Helpers of America, Local No. 560, affiliated with the A. F.
of L., and the Sunshine Laundry Employees Association.
VIII. 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 the enforcement thereof, providing as follows :
The respondent Sunshine Wet Wash Laundry, Inc., and its
officers, agents, successors and assigns shall:
1. Cease and desist
(a) From 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 choos-
ing, 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 Sunshine Laundry
Employees Association , or any other labor organization of its
employees , by discriminating against employees in regard to
hire or tenure of employment or any condition of employment
or in any other manner;
2. Take the following affirmative action which the Board
finds will effectuate the policies of the Act :
(a) Offer to Anthony Trainor and August Wolfe immediate
and full reinstatement to their former positions or substantially
equivalent positions , without prejudice to their seniority and
SUNSHINE WET WASH LAUNDRY, INOORPORATED 769
other rights and privileges and all employees hired after August.
24, 1936 shall, if necessary to provide employment for the afore-
said persons to be offered reinstatement, be dismissed.
(b) Place Albert Demanjovich, Tessie Levandowski Deman--
jovich, Carrie Kolakowski, Frances Loch and Helen Beach on-
a preferential list and offer them employment in their former
or substantially equivalent positions as such employment be-
comes available and before other parties are hired for such work;
(c) Post immediately, upon receipt of a copy of the order
to be entered by the Board, in conspicuous places throughout its
Bayonne Plant, and keep posted for a period of at least sixty
(60) consecutive days from the date of posting, notices to its
employees stating that said respondent will cease and desist in
the manner set forth in paragraphs 1 (a) and (b) and that it
will take the affirmative action set forth in paragraphs 2 (a)
and (b), of this Order;
(d) Notify the Regional Director for the Second Region
within ten (10) days from the date of this Order what steps said
respondent has taken to comply herewith.
IX. It is further stipulated and agreed that the complaint
insofar as it relates to International Brotherhood of Teamsters,.
Chauffeurs, Stablemen R Helpers of America, Local No. 560,.
party to the contract, and Edgar H. Wode, Ethel Burnell, Jose-
phine Caiola, Helen Charmel, Anna Stefko Demanjovich,,
Gladys Fraser, Anna Prokop Furchak, James Lowry, Anna Pap--
son, Tessie Polakowski, William Pomel, Thomas Schaul (Shaw),,
Alice Sodrick, Susan Tukar (Tucker), Emily Wilson, Henry
Frommer, Helen Sosnowski, Mrs.' Julia Demanjovich be
dismissed.
X. It is further stipulated and agreed. that the complaint
insofar as it alleges that respondent engaged in an unfair labor
practice within the meaning of Section 8 (5) of the National
Labor Relations Act be dismissed.
XI. It is further stipulated and agreed that this stipulation
is subject, to the approval of the National Labor Relations.
Board.
XII. It is further. stipulated and agreed that this stipulation
contains the entire agreement of the parties and there is no verbal
agreement of any kind which varies, alters, modifies or adds:
to this stipulation.
On January 2, 1940, 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.
770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Sunshine Wet Wash Laundry, Inc., a New Jersey corporation,
maintaining its principal office and . place of business in Bayonne,
New Jersey, is engaged , at its Bayonne plant, in the general laundry
and dry-cleaning business , including the collecting , laundering, dry
cleaning, and distribution of cloths and clothing and related products.
The respondent normally employs 50 production and maintenance,
13 shipping , and 2 clerical employees.
In the operation of the Bayonne plant the respondent purchases
and uses annually between $2,000 and $3 ,000 of materials , chemicals,
and fuel , consisting of acetic acid, oxalic acid, tri-chlor ethyln, boxes,
paper, gum tape , twine, and oil and amounting in bull. to approxi-
mately 1 ton, of which 50 per cent are shipped to the respondent
:from points outside the State of New Jersey. The annual volume
of the respondent 's business is between approximately $100,000 to
$150,000, and by bulk amounts to approximately 1,200,000 pounds
of cloths, clothing , and related products . Approximately 12 per
cent of such business is done outside the State of New Jersey.
The respondent operates a fleet of 13 trucks as a necessary and in-
tegral part of its business . By means of such trucks, clothing, and
related products are collected and delivered to the respondent's Bay-
onne plant and after having been laundered and/or dry cleaned in
said plant are shipped to the respondent 's customers , including cus-
tomers outside the State of New Jersey . The drivers of said trucks
also solicit business and make collections of payment due to the re-
spondent , both within and without the State of New Jersey.
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, 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 the Sunshine Wet Wash Laundry, Inc., 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
SUNSHINE WET WASEI LAUNDRY, INCORPORATED 771
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) Discouraging membership in Sunshine Laundry Employees
Association, or any other labor organization of its employees, by dis-
criminating against employees in regard to hire or tenure of em-
ployment or any condition of employment, or in any other manner.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to Anthony Trainor and August Wolfe immediate and
full reinstatement to their former positions or substantially equivalent
positions, without prejudice to their seniority and other rights and
privileges and all employees hired after August 24, 1936, shall, if
necessary to provide employment for the aforesaid persons to be
offered reinstatement, be dismissed;
(b) Place Albert Demanjovich, Tessie Levandowski Demanjovich,
Carrie Kolakowski, Frances Loch, and Helen Beach on a preferential
list and offer them employment in their former or substantially
equivalent positions as such employment becomes available and before
other parties are hired for such work;
(c) Post immediately, upon receipt, a copy of this order, in con-
spicuous places throughout its Bayonne plant, and keep posted for a
period of at least sixty (60) consecutive days from the date of posting,
notices to its employees stating that the respondent will cease and
desist in the manner set forth in paragraphs 1 (a) and (b) and that
it will take the affirmative action set forth in paragraphs 2 (a) and
(b) of this Order;
(d) Notify the Regional Director for the Second Region within
ten (10) days from the date of this Order what steps the respondent
has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint in so far as it relates
to International Brotherhood of Teamsters, Chauffeurs, Stablemen &
Helpers of America, Local No. 560, party to the contract, and Edgar
H. Wode, Ethel Burnell, Josephine Caiola, Helen Charmel, Anna
Stefko Demanjovich, Gladys Fraser, Anna. Prokop Furchak, James
Lowery, Anna Papson, Tessie Polakowski, William Pomel, Thomas
Schaul (Shaw), Alice Sodrick, Susan Tukar (Tucker), Emily Wilson,
Henry Frommer, Helen Sosnowski, and Mrs. Julia Demanjovich, be,
and it hereby is, dismissed.
AND IT IS FURTHER ORDERED that the complaint in so far as it alleges
that the respondent engaged in an unfair labor practice within the
meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed.