Arnessen Electric Co.

National Labor Relations Board - Board Decisions

Jul 21, 1942

42 N.L.R.B. 630 (N.L.R.B. 1942)

In the Matter of A ARNESSEN, DOING BUSINESS UNDER THE TRADE NAME
AND STYLE OF ARNESSEN ELECTRIC COMPANY and LOCAL 430, UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C I. 0 and
LOCAL 277B, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
A F OF L , PARTY TO THE CONTRACT
Case No. C-2255.Decided July 21, 1942
Jurisdiction - electrical ship gear manufacturing industry
Settlement : stipulation providing for compliance with the Act.
Remedial Orders :, entered on stipulation.
Mr Sidney Reitman, for the Board
Mr Alfred F Hollmann, of New York City, for the respondent.
Mr. Frank Scheiner, of New York City, for the C I 0
Mr. Fred Geyer, for the A F of L
Mr,George J Hadjinoff, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local 430, United
Electrical, Radio & Machine Workers of America, C I 0, herein
called the C I 0 , the National Labor Relations Board, herein called
the Board, by the Regional Director for the Second Region (New York
City), issued its complaint dated March 28, 1942, against A. Arnessen,
doing business under the trade name and style of Arnessen Electric
Company, 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) 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 and the
accompanying notice of hearing were duly served upon the iespondent,
the C I. O , and Local 277B, International Brotherhood of Electrical
Workers, A F. of L , the party to the contract, herein called the
A.F of L.
Concerning the unfair labor practices, the complaint alleged in sub-
stance (1) that the respondent laid off Carl Seidler and Alvin Nachman
and refused to reinstate them to their former positions because of
42 N L R B, No 129
630
ARNESSEN-ELECTRIC COMPANY 631'
their activities iiv behalf of the C I 0 or because of their refusal to
join or assist the A F of L , (2)- that the respondent advised its
employees to refrain from aiding or becoming or remaining members
of the C. I O , and threatened said employees with discharge if they
aided the C I 0 'or if they" did not become or remain members of
the A F of L , (3) that on or about August 23, 1941, the respondent
and the A F. of L entered into a collective bargaining agreement,
pursuant to which membership in the A. F. of L was required as a
condition of employment, and that by reason of the fact that the
A. F of L. was assisted by unfair labor practices of 'the respondent
and did not represent an' uncoerced majority of the employees in an
appropriate unit at the time the contract was made, the agreement or
any modification or extension thereof is invalid and in violation of the
Act; and (4) that by the above and other specified acts the respondent
has interfered with, restrained, and coerced his employees in the
exercise of the rights guaranteed in Section 7 of the Act.
The respondent filed no answer to the complaint
On July 8, 1942, after commencement of a hearing, the respondent,
the C I 0 , the A. F. of L , and a representative of the Board entered
into a stipulation, subject to approval by the Board, for settlement
of the case The stipulation provides as follows :
Charges having been filed by ,Local 430, United Electrical,
Radio & Machine Workers of America, C. I. 0 , hereinafter called
the "C. I. 0 ," with the Regional Director of the National Labor
Relations Board, hereinafter called the "Board," for the Second
Region, New York City, alleging that A ARNESSEN, doing busi-
ness under the trade name and style of ARNESSEN ELECTRic COM-
PANY, hereinafter referred to as the "Respondent," has engaged in
unfair labor practices within the meaning of Section 8, subsec-
tions (1) and (3) of the National Labor Relations Act, herein-
after called the "Act"; the Board, by its Regional Director, having
issued and served a complaint and notice of hearing, service of
which is hereby acknowledged by all parties hereto; no answers
having been filed by Respondent or Local 277B, International
Brotherhood of Electrical Workers, A F. of L., the party to the
contract, hereinafter referred to as the "A F of L "; hearing
having commenced before a duly designated Trial Examiner for
the Board; and it being the desire of the parties to settle and
dispose of this proceeding:
IT IS HEREBY STIPULATED AND AGREED by and between the Re-
spondent, the C. I. 0., the A. F of L and Sidney Reitman, At-
torney for the Board, that.
1. The A. F of L. was incorrectly referred to in the third
amended charge and the complaint as Local 227, International
472814-42-N of 42-32
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Brotherhood of Electrical Workers, A F of L and in the caption
of the complaint and notice of hearing, as Local 277, International
Brotherhood of Electrical Workers, A. F. of L The correct
designation of the A F of L is Local 277B, International Broth-
erhood of Electrical Workers, A F. of L It is hereby stipu-
lated that the third amended charge, the complaint, the caption
of the complaint and the caption of the notice of hearing be
amended in all instances where the A F. of L. is referred to, to,
read, Local 277B, International Brotherhood of Electrical Work-
ers, A. F. of L.
2 The Respondent has.been since March 1, 1933 doing business
under the trade name and style of Arnessen Electric Company
by virtue of the laws of the State of New York, having its prin-
cipal office and place of business ,at 116 Broad Street, New York,
New York, and also maintaining warehouses at 14 Front Street
and 13 Water Street, New York, New York The Respondent is
engaged in the manufacture, sale and distribution of electrical
ship gear and fittings and related products and it has further
been engaged at such place of business as an electrical contractor.
3. The Respondent in the course and conduct of its business for
the years 1941 and 1942, or for the last six months thereof, caused
and has since then continuously caused over 50 per cent of the
raw materials used in the manufacture of its products to be pur-
chased, delivered and transported in inteistate commerce from
and through the States of the United States other than the State
of New York During the period hereinbefore mentioned, Re-
spondent purchased more than Two Hundred Thousand ($200,-
000) Dollars of raw materials for use in the manufacture of its
products.
4. Respondent in the course and conduct of its business for the
years 1941 and 1942, or for the last six months thereof, caused
and has since then continuously caused over 50 per cent of the
finished products herembefore mentioned, being fittings for all
types of continental European built ships and related products,
to be sold and distributed in interstate commerce from the Re-
spondent's warehouses and places of business in the State of New
York to points outside the State of New York and to foreign
countries outside the United States During the period herein-
before mentioned Respondent has sold finished products by value
of more than Five Hundred Thousand ($500,000) Dollars.
5 The Respondent concedes that it is engaged in interstate
commeice within the meaning of the National Labor Relations
Act
6 Local -430, United Electrical, Radio -&,Machine Workers of
America, C I. 0, and Local 277B, International Brotherhood
ARNESSEN ELECTRIC COMPANY 633
of Electrical Workers, A F of L , are each labor organizations
within the meaning of Section 2, subdivision (5) of the Act
7 The Respondent, the C I 0 and the A F of L each waive
any and all rights to a further hearing in this proceeding by or
before the Board and each waives its right to the making of find-
ings of fact and conclusions of law by the Board except as here-
inafter set forth.
8 The parties hereto heieby agree to the issuance by the Board
without further notice or proceeding of an order substantially
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
Respondent , 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 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
(b) Assisting in or interfering with the formation or admin-
istration of any labor organization and from lending support,
financial or other wise , to any labor organization
(c) Discouraging membership in Local 430, United Electrical,
Radio & Machine Woikeis of America, affiliated with the Congress
of Industrial Organizations , or any other labor organization of
its employees, or encouraging membership in Local 277B, Inter-
national Brotherhood of Electrical Workers, affiliated with the
American Federation of Labor, or any other labor organization
of its employees , by discharging or refusing to reinstate any of
its employees, or by discriminating in any other manner in regard
to their hire and tenure of employment or any term or condition
of their employment
(d) Giving effect to the contract of August 23, 1941 with Local
277B , International Brotherhood of Electrical Workers , affiliated
with the Ames. scan Federation of Labor, as well as to any exten-
sion, renewal , modification or supplement thereof which may now
be in force
2 Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act
(a) Withdraw all recognition from Local 277B , International
Brotherhood of Electrical Workers, A F of L as a representative
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of any of its employees for the purpose of dealing with the -Re-
spondent concerning grievances, labor disputes, rates of pay,
wages, hours of work or other conditions of-employment.
(b) Offer to Alvin Nachman and Carl Seidler immediate and
full reinstatement to their former or substantially equivalent posi-
tions without prejudice to their seniority and other rights and
privileges
(c) Make whole Alvin Nachman and Carl Seidler and each of
them for earnings lost between September 3, 1941 and the date
of offer of reinstatement by giving to each of them respectively
the following sums of money Alvin Nachman-Fifty ($50 00)
Dollars; Carl Seidler-Fifty ($50 00) Dollars
(d) Immediately post copies of the notice attached hereto, made
a part hereof and marked "Appendix A" 1 in conspicuous places
throughout the Respondent's premises and maintain said notice
for a period of ninety (90) consecutive days from the posting of
such notices
(e) Notify the Regional Director for the National Labor Rela-
tions Board for the Second Region within ten (10) 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 The parties hereto hereby agree and consent to the entry by
an appropriate Circuit Court of Appeals of a decree enforcing
the terms of the Board's order described above in this stipulation
It is further agreed that the parties hereto hereby waive notice
of application by the National Labor Relations Board to said
Circuit Court of Appeals for said enforcement decree ,and waive
all rights to contest the entry of said decree.
10 The Respondent agrees for a period of 90 days not to recog-
nize any union as the exclusive representative of its employees
for the purposes of collective bargaining unless said union shall
have first been certified by the National Labor Relations Board
as the representative of the employees of the Respondent for the
purposes of collective bargaining in accordance with Section 9
(c) of the National Labor Relations Act.
11. The parties agree not to institute proceedings under Section
9 (c) of the National Labor Relations Act for a period of ninety
(90) days from the date of the execution of this stipulation and
agreement
12 The entire agreement between the parties with respect to
the settlement of the issues in this proceeding is contained within
the terms of this instrument and there is no verbal agreement of
I The Notice is attached to the Decision herein as Appendix A
ARNESSEN ELECTRIC COMPANY 635
any kind which varies, alters or modifies the provisions of this
stipulation.
13 This stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon such approval
14 This stipulation together with the above-mentioned amended
chaige, the complaint, notice of hearing, notice of motion to
amend the complaint, together with the affidavits of service of
the various papers mentioned in this paragraph may be filed with
the Chief Trial Examiner of the National Labor Relations Board
in Washington, D C and when so filed shall constitute the record
in this case
On July 13, 1942, the Board issued an order approving the above
stipulation, making it a part of the record, and, pursuant to
Article IT, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferred the proceedings to the
Board for the purpose of entry of a decision and order pursuant to
the piovisions of the said 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
The respondent, A Arnessen, is an individual who, since March 1,
1933, has been doing business under the trade name and style of Arnes-
sen Electric Company, in New York City The respondent is engaged
in the manufacture, sale, and distribution of electrical ship gear and
fittings and related products During the year 1941 and the first 6
months of 1942 the value of raw materials used in the manufacture of
the respondent's products was in excess of $200,000, and over 50 percent
of such raw materials were purchased from points outside the State
of New York During the same period the value of finished products
sold by the respondent was in excess of $500,000, and over 50 percent of
such finished products were sold and distributed to points outside the
State of New York
The respondent admits that he is engaged in commerce within the
meaning of the Act
We find that the operations of the respondent constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
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
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent, A Ainessen, doing business under the
trade name and style of Ainessen Electric Company, New York City,
his agents, successois, and assigns, shall.
1 Cdase and desist from
(a) In any planner interfering with, restraining or coercing its
,employees in the exercise of their rights to self-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
(b) Assisting in or interfering with the formation or administration
of any labor organization and from lending suppoit, financial or
other wise, to any labor organization
(c) Discouraging membership in Local 430, United Electrical,
Radio & Machine Workers of America, affiliated with the Congress
of Industrial Oi ganizations, or any other labor organization of its
employees, or encouraging membership in Local 277B, International
-Brotherhood of Electrical Woikers, affiliated with the American Fed-
eration of Labor, or any other labor organization of its employees, by
discharging or refusing to reinstate any of its employees, or by dis-
crimniating in any other manner in regard to their hire and tenure
of employment of any term or condition of their employment
(d) Giving effect to the contract of August 23, 1941 with Local
277B, International Brotherhood of Electrical WToikers, affiliated with
the American Feder ation of Labor, as well as to any extension, renewal,
modification of supplement thereof which may now be in force
2 Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act
(a) Withdraw all recognition from Local 277B, International
Brotherhood of Electiical Workers, A F of L as a representative
of any of its employees for the purpose of dealing with the Respondent
concerning grievances, labor disputes, rates of pay, wages, hours of
work or other conditions of employment
(b) Offer to Alvin Nachman and Carl Seidler immediate and fulp
reinstatement to their former or substantially equivalent positions
without piejudice to their seniority and other rights and privileges
(c) Make whole Alvin Nachman and Carl Seidler and each of them
for earnings lost between September 3, 1941 and the date of offer of
reinstatement by giving to each of them respectively the following
sums of money.
Alvin Nachman-Fifty ($50 00) Dollars '
Carl Seidler-Fifty ($50 00) Dollars
ARNESSEN ELECTRIC COMPANY 637
(d) Immediately post copies of the notice attached heieto, made a,
pact hereof and marked "Appendix A" in conspicuous places through-
out the Respondent's premises and maintain said notice for a period
of ninety (90) consecutive days from the posting of such notices
(e) Notify the Regional Director for the National Labor Relations
Board for the Second Region within ten (10) days of the date of the
approval by the National Labor Relations Board of the stipulation
upon which this of dei is based what steps the Respondent has taken to
comply thei ewith
MR GERARD D REILLY took no pant In the consideration of the above
Decision and Order.
APPENDIX A
NOTICE TO EMPLOYEES OF ARNESSEN ELECTRIC COMPANY
Posted Pursuant to Agreement with the National Labor Relations
Board
The Company will not
1 In any manner Intel fore rti ith, rests ain or coerce its employees in
the exercise of their rights to self-organization, to bargain collectively
through representatives of theii own choosing, and to engage in con-
ceited activities for the purpose of collective bargaining or other mu-
tual aid or protection guaranteed by Section 7 of the National Labor
Relations Act
2 Assist rn of in any manner interfere with the formation or ad-
ministration of any labor organization, or lend support, financial or
otherwise, to any labor organization, either individually or through
the foremen or supervisors of the company
3 Discourage membership in Local 430, United Electrical Radio &
Machine Workers of America, C 10, of any other labor organization
of its employees, or encourage member ship in Local 277B, Interna-
tional Brotherhood of Electrical Workers, AF of L, or any other
labor organization of its employees, or by disci ununating in any other
manner in regard to their hire and tenure of employment or any teem
or condition of their employment
4 Give effect to the contract of August 23, 1941 with Local 277B,
International Brotherhood of Electrical Workers, A F of L , or to
any extension, renewal, modification or supplement thereof which
may now be in force
The Company will
1. Withdraw all recognition from Local 277B, International Broth-
erhood of Electrical Workers, AFL, as the representative of any of
638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its employees for the purpose of dealing with the company concerning
grievances, labor disputes, rates of-pay, wages, hours of work or other
conditions of employment.
The Company has
1 Offered immediate and full reinstatement with back pay to Alvin
Nachman and Carl Seidler to their former or substantially equivalent
positions without prejudice "to `their seniority ' and-other rights and
privileges.
Dated
By
ARNESSEN ELECTRIC COMPANY,