Trio Curtain Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1942

41 N.L.R.B. 1542 (N.L.R.B. 1942)

In the Matter of TRIo CURTAIN CoRp. and LOOAL 45B, UNITED FuI Ni-
TURE WORKERS OF AMERICA, C. I. O.
Case No. C-2234.-Decided June 30, 1942
Jurisdiction : curtain manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Bertram Diamond, for the Board.
Mr. Harry Berger, of Brooklyn, N. Y.,, for the respondent. ,
Mr. Harold Klein, of New York City, for the Union.
Miss Mary &arafunoo, of Corona, Long Island, N. Y., and Miss
Jennie Giacoppo, of New York City, for the Association.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 45B, United
Furniture Workers of America, 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 May 6, 1942, against Trio Curtain Corp., New
York City, 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), (2), and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. Copies of the complaint accompanied by
a notice of hearing were duly served upon the respondent, the Union,
and the Trio Curtain Employees' Welfare Association, herein called
the Association, a labor organization alleged in the complaint to be
dominated and supported by the respondent.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent (1) on or about December 1, 1940,
initiated, formed, and sponsored the Association, and from on or about
December 1, 1940, assisted, dominated, and contributed to the support
of and interfered with the administration of the Association; and (2)
41 N. L. R. B., No. 257.
1542
TRIO CURTAIN CORP. 1543
discouraged membership in the Union by discharging Florence Faust
on or about December 4, 1940, and Anne Weitzman and Sylvia Weitz-
man on April 18, 1941, and thereafter refused to reinstate them, be-
cause they and each of them joined and assisted the Union or engaged
in other concerted activities for the purposes of collective bargaining
or other mutual aid or protection, or because they refused to join the
Association; (3) on and after August 1, 1940, vilified, disparaged, and
expressed disapproval of the Union ; interrogated its employees con-
cerning their union affiliations; urged, persuaded, threatened,, and
warned its employees to refrain from assisting, becoming members of,
or remaining members of the Union; urged, 'persuaded, threatened,
and warned its employees to assist, become members of, or remain
members of the Association; and (4) by the foregoing acts, interfered
with, restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On or about May 29, 1942, the respondent filed its answer to the
complaint which denied that the respondent had engaged in the alleged
unfair labor practices.
Pursuant to notice, a hearing was begun on June 1, 1942, at New
York City, before Howard Myers, the Trial Examiner duly designated
by the Chief Trial Examiner. After the adjournment of the hearing
on June 2, 1942, the respondent, the Union, the Association, and
counsel for the Board entered into a stipulation, dated June 12,.194
'
2.
in settlement of the case, subject to the approval of the Board. This
stipulation provides as follows :
A second amended charge having been duly filed May '5 1942,
by Local 45B, United Furniture Workers of America; C 1. 0.,
hereinafter called the "United", with the Regional Director of the
National Labor Relations Board, hereinafter called the "Board",
for the Second Region, New York City ; the Board by its Regional
Director having issued its complaint and notice of hearing on
May 6, 1942 against Trio Curtain Corp., hereinafter called the
"Respondent"; copies of the second amended charge, complaint
and notice of hearing having been duly served on the Respondent,
on the United and on Trio Curtain Employees' Welfare Associa-
tion, hereinafter called the "Association"; notice of postponement
having been duly served on the Respondent, the Unitedmad the
Association ; Respondent having filed on May 29, 1942 its answers ;
a hearing having commenced on June 1, 1942, and it being the
desire of all the parties to this stipulation to settle and dispose
of the above-entitled proceeding,
IT IS HEREBY STIPULATED AND AGREED as follows :
1. The Respondent has been since 1930 a corporation existing
under, and by virtue of, the laws of the State of New York, having
its principal office and place of business at 11 East 26th, Street;
1544 DECISIONS OF NATIONAL LABOR RELATIONS "BOARD
New York City . The Respondent is engaged in the manufacture,
sale and distribution of curtains and related products.
2. The Respondent , in the course and conduct of its business for
the year 1941, caused and has since then continuously caused ap-
proximately 90% by value of the materials , consisting principally
of cotton goods and rayon, used in the manufacture of its prod-
ucts to be purchased and delivered in interstate commerce from
-and through states of the United States other than the State of
New York. During the above period , the Respondent purchased
in excess of $100,000 worth of such materials.
3. The Respondent , in the course and conduct of its business
for the year 1941 , caused and has since then continuously caused
over-60% by value of its finished products to be solc? and distrib-
uted in interstate commerce to points outside the State of New
York. During the above period , the Respondent sold finished
products valued in excess of $250,000.
4. The Respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act, hereinafter
referred to as the "Act." -
5. The United and the Association are each labor labor organi-
zations within the meaning of Section 2 ' (5) of the Act.
6. This stipulation , together with the aforementioned, second
amended charge , complaint , notice of hearing, notice of,'postpone-
ment, answers, and the affidavits of service of the complaint , notice
of hearing and notice of postponement ( including two affidavits
of service on the Association dated June 3 and 4, 1942 , -respec-
tively, which , together with the registered return receipts, are
attached hereto and made ,a part hereof as Appendix A),'- shall
be filed with the Trial Examiner and when so filed shall constitute
the entire record in this case . Further proceedings before a Trial
Examiner of the Board , including the taking of testimony and
the making of findings of fact and conclusions of law, are
expressly waived.
7. Upon the record as defined in Paragraph 6 herein an order,
may be entered ' forthwith by the Board providing substantially
as follows, 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 :
Respondent , its officers , agents, successors and assigns shall:
'(1) Cease and desist from:
(a) In any manner dominating or interfering with the ad-
ministration of Trio Curtain Employees' Welfare Association
1 The affidavits of service and registered return receipts are not made a part of this
Decision and Order. ,
TRIO CURTAIN CORP. 1545
or the formation or administration of any other labor organi-
zation of its employees, and from contributing financial or other
support to any such labor organization;
(b) Discouraging membership in Local 45B, United Furni-
ture Workers of America, C. I. 0., or any other labor organiza-
tion by discrimination in regard to hire or tenure of employ-
ment or any terms or conditions of employment;
(c) In any other manner interfering with, restraining or
coercing its employees in the exercise of their right to self-or-
ganization, to form, join, or assist Local 45B, United Furni-
ture Workers of America, C. I. 0., or any other labor organiza-
tion, to bargain collectively through representatives of their
own choosing and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
(2) Take the following affirmative action to effectuate the
policies of the Act :
(a) Withhold all recognition from the Trio Curtain Em-
ployees' Welfare Association as the representative of any of its
employees for the purpose of dealing with the Respondent con-
cerning grievances, labor disputes, rates of pay, wages, hours
of employment or other conditions of employment, and com-
pletely disestablish said Trio Curtain Employees' Welfare
Association as such representative;
(b) Offer to Florence Faust and Sylvia Weitzman immedi-
ate and full reinstatement to the same positions, or substan-
tially equivalent positions, which they held immediately prior
to December 4, 1940 and April 18, 1941, respectively, without
prejudice to their seniority, or other rights and privileges;
(c) Make whole the'employees listed below for any loss of
wages they may have suffered by payment to each of them of
the amount set forth opposite their respective names :
Florence Faust------------------------------------- $110
Ann Weitzman------------------------------------- $70
Sylvia Weitzman----------------------------------- $20
(d) Post immediately in conspicuous places throughout its
place of business at 11 East 26th Street, New York City, and
maintain for a period of at least 60 consecutive days from the
date of posting, notices to its employees in the form set forth
in Appendix B attached hereto and made a part hereof ; 2
(e) File with the Regional Director for the Second Region
within 10 days after service of this order by the Board upon
The notice is set forth as Appendix "A" to this Decision and Order.
1546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Respondent, a report setting forth in detail the manner
and form in which the Respondent has complied with the terms
of this order.
8. It is understood that the Respondent is not required to
reinstate Ann Weitzman.
9. It is further stipulated and agreed that upon application by
the Board, the proper Circuit Court of Appeals of the United
States may enter a decree embodying substantially the terms of
the Board's order above set forth, and enforcing the said order
of the Board. All the parties hereto waive their right to pro-
test the entry of such decree and waive notice of the filing of an
application for the entry of such decree.
10. This entire stipulation is subject to the approval of the
National Labor Relations Board and an order of the National
Labor Relations Board approving this stipulation, if issued, shall
become part of the record in the above-entitled matter.
11. This stipulation contains the entire agreement of the par-
ties and there is no verbal agreement or understanding of any
kind which varies, alters or adds to this stipulation.
On June 23, 1942, the Board issued its Order, approving the above
stipulation, making it a part of the record in the case, and pursuant
to Article II, Section 36, of National Labor Relations Board"Rules
and Regulations-Series 2, as amended, transferring the proceeding
to the Board for the purpose of entry of a Decision and Order by
the Board 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 RESPONDENT
Trio Curtain Corp., a New York corporation, having its principal
office and place of business in New York City, is engaged in the manu-
facture, sale, and distribution of curtains and related products. Dur-
ing 1941, the respondent purchased raw materials valued in excess
of $100,000, of which approximately) 90 percent was shipped to and
from points outside the State of New York. During the same period,
the respondent manufactured finished products valued in excess of
$250,000, of which approximately 60 percent was shipped to points
outside the State of New York.
The respondent admits that it is engaged in commerce within the
meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
TRIO CURTAIN CORP.
ORDER
1547
Upon the basis of the above findings of fact, the 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 Trio, Curtain Corp., New York City, its officers,
agents , successors , and assigns shall : -
1. Cease and desist from :
(a) In any manner dominating or interfering with the administra-
tion of Trio Curtain Employees' Welfare Association or the forma-
tion or administration of any other labor organization of its em-
ployees, and from contributing financial or other support to any such
labor organization;
(b) Discouraging membership in Local 45B, United Furniture
Workers of America, C. I. O., or any other labor organization by
discrimination in regard to hire or tenure of employment or any terms
or conditions of employment;
(c) In any other manner interfering with, .restraining or coercing
its employees in the exercise of their right to self-organization, to
form, join, or assist Local 45B, United Furniture Workers of America,
C. 1. O., or any other 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 in Section 7 of the National
Labor Relations Act.
2. Take the following affirmative action to effectuate the policies of
,the Act :
(a) Withhold all recognition from the Trio Curtain Employees'
Welfare Association as the representative of any of its employees
for the purpose of dealing with the Respondent concerning grievances;
labor disputes, rates of pay, wages, hours of employment or other
conditions of employment, and completely disestablish said Trio
Curtain Employees' Welfare Association as such- representative;
. (b) Offer to Florence Faust and Sylvia Weitzman immediate and
full reinstatement to the same positions , or substantially equivalent
positions, which they held immediately prior to December 4, 1940
and April 18, 1941, respectively, without prejudice to'their seniority,
or other rights and privileges;
(c) Make whole the employees listed below for any loss-of wages
they nhay have suffered by payment to each of them of the amount'
set forth opposite their respective 'names:
Fl F torence aus --------------------------------------------
A i
$110
nn We tzman --------------------------------------------
S
$70 -
yl\ia Weitzman----------- ------------------------ $20
1548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) Post immediately in conspicuous places throughout its place
of-business at 11 East 2-6th Street, New York City, and maintain for
a period of at least 60 consecutive days from the date of posting, no-
tices to its employees in the form set forth in Appendix A attached
hereto and made a part hereof;
(e) File with the Regional Director for the Second Region within
10 days after service of this order by the Board upon the Respondent,
a report setting forth in detail the manner and form in which the
Respondent has complied with the terms of this order.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Trio Curtain Corp.
11 East 26th Street, New York City
Trio Curtain Corp ., recognizing the right of its employees 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, states that it and its officers and agents :
1. Will not in any manner interfere with the exercise by its em-
ployees of the above rights;
2. Will not in any manner dominate or interfere with the admin-
istration of Trio Curtain Employees ' Welfare Association or the for-
mation or administration of any other labor organization of its em-
ployees, and will not contribute financial or other support to any such
organization ; `
3. Will not discourage membership in any labor organization by
discharging or threatening to discharge any of its employees for join-
'ing or assisting such labor - organizatidn;
4. Will not in any other manner discriminate against any of its
employees in regard to hire or tenure of employment or any term or
condition of employment for joining or assisting any labor organi-
zation ;
5. Will withhold all recognition from the Trio Curtain Employees'
Welfare Association as the representative of its employees for the
purpose of dealing with this company concerning grievances, labor
disputes , rates of pay, wages, houis of employment , or other condi-
tions of employment , and will completely disestablish said organiza-
tion as such representative.
Date: ----------------
TRIO CURTAIN CORP.
By