Best Coat & Apron Mfg.Co., Inc.

National Labor Relations Board - Board Decisions

May 20, 1939

12 N.L.R.B. 1115 (N.L.R.B. 1939)

In the Matter of BEST COAT & APRON MFG. Co., INC. and AMAL-
GAMATED CLOTHING WORKERS OF AMERICA, LOCAL No. 169, C. I. O.
Case No. C-1192.Decided May 00, 1939
Garment Manufacturing Industry-Settlement: stipulation providing for com-
pliance with the Act including withdrawal of recognition and disestablishment
of company-dominated union-Order : entered on stipulation-Complaint: dis-
missed as to discharges of two persons.
Mr. Will Maslow, for the Board.
Zimmerman & Zimmerman, by Mr. Bernard Zimmerman, of New
York City, for the respondent.
Mr. David M. Schlossberg, of New York City, for the Union.
Mr. Samuel L. Marcus and Mr. Eli Bensky, of New York City,
for the Independent.
Mr. Richard A. Williams, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated
Clothing Workers of America, Local No. 169, affiliated with the
Congress of Industrial Organizations, herein called the Union,
the National Labor Relations Board, herein called the Board, by
the Regional Director for the Second Region (New York City), is-
sued its complaint dated October 14, 1938, and its amendments to
the complaint dated November 17, 1938, against Best Coat & Apron
Mfg. Co., Inc., 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. A copy of the com-
plaint and the amendments to the complaint and notices of hearing
thereon were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint, as amended,
alleged, in substance, that the respondent had dominated and inter-
12 N. L. R B., No. 111.
1115
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fered with the formation and administration of several labor organi-
zations among its employees, one of which was known as the Cotton
Goods Workers Union and which was succeeded by the Independent
Workers' Union,' herein called the Independent; that the respondent
had terminated the employment of and had refused to reinstate two
named employees 2 because they had joined and assisted the Union
and engaged in other concerted activities for the purposes of collec-
tive bargaining and other mutual aid and protection; and that the
respondent, by the afore-mentioned activities, and by urging, per-
suading, and warning its employees to refrain from becoming or
remaining members of the Union, and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act.
Thereafter, the respondent filed its answer and its amended an-
swer 3 in which it admitted the allegations concerning the nature and
scope of its business, but denied the allegations of unfair labor prac-
tices. On January 14, 1939, counsel for the Board filed with the
Regional Director a notice that at the commencement of the hear-
ing of the case he would move the Trial Examiner to amend the com-
plaint in certain particulars. A copy of the notice was duly served
on the respondent, the Union, and the Independent. On January 17,
1939, the respondent filed a motion for a bill of particulars relating
to various allegations of the complaint. On January 19, 1939, coun-
sel for the Board served a bill of particulars upon the respondent,
the Union, and the Independent. Thereafter, the Independent filed
its motion to intervene in this proceeding 4 and to consolidate this
proceeding with a case based on a petition for investigation and
certification of representatives previously filed by the Independent.,,
After several postponements, notices of which were duly served
upon the parties, a hearing was held at New York City, from Janu-
ary 30 to February 3, 1939, before Martin Raphael, the Trial Exam-
iner duly designated by the Board. The respondent, the Union, the
Independent, and the Board participated in the proceeding and were
represented by counsel. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties.
1 Erroneously referred to in the complaint , as amended , as the " Independent Union."
2Julia Biagi and Rina Taddei Due to a typographical error the name Rina Taddel
appears as Rina "Teddei" In paragraph 5 of the amendments to the complaint
8 The respondent stipulated that it was granted extensions of time in which to file its
answer and its amended answer.
+ On January 13, 1939, counsel for the Independent signed an "Admission of Service"
of the complaint and amendments to the complaint , notice of hearing thereon , and the
Rules and Regulations of the Board.
5 On January 7, 1939, the Independent filed with the Regional Director its petition
for investigation and certification of representatives pursuant to Section 9 (c) of the
Act. No action was taken on the petition pending a disposition of the complaint case
alleging company domination of the Independent.
BEST COAT & APRON MFG. CO., INC. 1117
At the beginning of the hearing, the Trial Examiner granted the
Independent's motion to intervene, but denied its motion to consoli-
date this proceeding with the representation case instituted by the
Independent's petition mentioned above. These rulings are hereby
affirmed. Thereafter, the Trial Examiner received in evidence a
stipulation entered into by the respondent, the Union, and counsel
for the Board, setting forth facts concerning the nature and scope
of the respondent's business. During the course of the hearing on
January 30, 1939, in accordance with the notice previously served
upon the parties, counsel for the Board moved to amend the com-
plaint by correcting the Independent's name wherever it appeared
in the complaint, as amended, to read "Independent Workers'
Union." This motion was granted by the Trial Examiner without
objection.
During the hearing on February 3, 1939, the respondent, the
Union, the Independent, and counsel for the Board entered into a
stipulation in settlement of the case. This stipulation and the other
documents referred to therein are set out below : 6
STIPULATION
It is hereby stipulated and agreed by and between Best Coat &
Apron Mfg. Co., Inc.; Will Maslow, attorney, National Labor
Relations Board; Amalgamated Clothing Workers of America,
Local No. 169, C. I. 0.; and Independent Workers Union, as
follows :
1. Best Coat & Apron Mfg. Co., Inc. is engaged in commerce
within the meaning of Section 2 of the National Labor Rela-
tions Act, and the facts set forth in the stipulation annexed
hereto and made part hereof and marked Exhibit A, are hereby
admitted and stipulated as true.
2. All of the parties hereby waive their rights to a hearing
and to the making of findings of fact and conclusions by the
National Labor Relations Board based upon the complaint and
amended complaint in the above-captioned proceeding.
3. All of the parties hereby consent to the entry of the order
set forth in Exhibit B annexed hereto, made part hereof, and
signed by all the parties, although the Best Coat & Apron Mfg.
Co., Inc. does not admit any violation of the National Labor
Relations Act.
4. All of the parties consent to the entry by an appropriate
Circuit Court of Appeals of an enforcement order embodying
the terms of the Board's order set forth in Exhibit B.
Since it is identical with Appendix A of the Board's Order, Exhibit C of the stipulation
is omitted.
1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. All of the parties consent to the dismissal of Paragraphs
3 (a), 3 (b) and 3 (c) set forth in the amendments to the com-
plaint in the above proceeding.
6. The Independent Workers Union hereby requests the Re-
gional Director for the Second Region of the National Labor
Relations Board to withdraw its petition for investigation and
certification of representatives, pursuant to. Section 9c of the
National Labor Relations Act verified December 29, 1938.
7. This stipulation shall not go into effect unless and until it
has received the approval of the National Labor Relations
Board.
EXHIBIT A
STIPULATION
The following facts are hereby stipulated and agreed by and
between the undersigned with the same force and effect as if
properly qualified witnessee [sic] were called before the Na-
tional Labor Relations Board and gave under oath sufficient and
competent evidence as to each of the facts set forth herein, with-
out prejudice to the right of the National Labor Relations Board
or any party hereto to offer oral testimony or other evidence as to
any matter relevant to the issues in this proceeding :
1. Best Coat & Apron Mfg. Co., Inc. was incorporated on
December 10, 1918 under the laws of the State of 'New York.
2. Best Uniform Corporation was incorporated on December
30, 1937 under the laws of the State of New York.
3. Best Coat & Apron Mfg. Co., Inc. and Best Uniform Cor-
poration were consolidated on January 25, 1938, the name of
the consolidated corporation being stated as Best Coat & Apron
Mfg. Co., Inc.
4. Said Certificate of Consolidation filed on January 25, 1938
contains a statement to the effect that the consolidated corpora-
tion is to be one of the constituent corporations, to wit : Best
Coat & Apron Mfg. Co., Inc.; the legal effect of such statement is
that the corporate existence of the Best Coat & Apron Mfg. Co.,
Inc. was continued, and a new corporation was not formed by the
consolidation.
5. Best Coat & Apron Mfg. Co., Inc. hereinafter referred to
as the company, has its principal office and place of business at
408 East 59th Street, City and State of New York, and is engaged
in the manufacture of cotton washable garments, chiefly for the
linen supply service trades.
BEST COAT & APRON MFG. CO., INC . 1119
6. The principal raw materials used in the manufacture of
such cotton washable garments are white duck, sheeting goods,
and cotton goods, approximately all of which are shipped to the
company at its New York City office from points outside the State
of New York, and chiefly from points in Alabama and Georgia.
7. About 40% of the finished products of the company are dis-
tributed to the linen supply trade in the City and State of New
York and the balance of 60% is shipped to points outside the
State of New York.
8. The approximate annual cost of the raw materials purchased
by the company is $500,000. The approximate annual value of
the manufactured products sold by the company is $800,000.
9. The company is engaged in commerce within the meaning
of Section 2, subdivisions 6 and 7 of the National Labor Relations
Act.
EXHIBIT B
The respondent, Best Coat & Apron Mfg. Co., 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 right 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 collectibe [sic] bargaining
or other mutual aid or protection as guaranteed by Section 7 of
the National Labor Relations Act;
(b) Urging, persuading and warning its employees from be-
coming or remaining members of the Amalgamated Clothing
Workers of America, Local No. 169, C. I. 0., or any other labor
organization of their own choosing;
(c) In any manner dominating or interfering with the ad-
ministration of the Cotton Goods Workers Union, the Inde-
pendent Workers Union, any successor to either of said organiza-
tions, or any other labor organization of its employees; or from
contributing financial or other support to said organizations, any
successor to either of said organizations or any other labor or-
ganization of its employees.
2. Take the following affirmative action in order to effectuate
the policies of the National Labor Relations Act:
(a) Withdraw all recognition from the Cotton Goods Workers
Union and the Independent Workers Union, any successor or-
ganization to either of said organizations as the representative
of its employees for the purpose of dealing with the said com-
pany concerning grievances labor disputes. wages, rates of pay,
1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hours of employment or conditions of employment, and coin-
pletely disestablish each of said organizations as such repre-
sentative.
(b) Post notices in conspicuous places on each floor of its
plant at 408 East 59th Street, New York City, containing the
language set forth in Exhibit C annexed hereto and made part
hereof; said notices to remain posted for at least thirty (30)
consecutive days from the date of posting.
On February 10, 1939, the Board issued its order approving the
above stipulation, making it part of the record in the case, and trans-
ferring 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
1. THE BUSINESS OF THE RESPONDENT
The respondent, Best Coat & Apron Mfg. Co., Inc., a New York
corporation with its principal office and place of business at New
York City, is engaged in the manufacture of cotton washable gar-
ments, chiefly for the linen supply service trades. The principal raw
materials used by the respondent in the manufacture of such cotton
washable garments are white duck, sheeting goods, and cotton goods,
approximately all of which are shipped to the respondent's plant from
points outside the State of New York. Approximately 60 per cent
of the finished products manufactured by the respondent are shipped
to points outside the State of New York. The approximate annual
cost of the raw materials purchased by the respondent is $500,000 and
the approximate annual value of the manufactured products sold
by the respondent is $800,000. The respondent stipulated that it is
engaged in commerce within the meaning of Section 2 (6) and (7) of
the Act.
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
National Labor Relations'Act, the National Labor Relations Board
hereby orders that Best Coat & Apron Mfg. Co., Inc., New York
City, 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 right to self-organization, to form,
BEST COAT & APRON MFG. CO., INC. 1121
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 by Section 7 of the National Labor
Relations Act;
(b) Urging, persuading, and warning its employees from becom-
ing or remaining members of the Amalgamated Clothing Workers of
America, Local No. 169, C. I. 0., or any other labor organization of
their own choosing;
(c) In any manner dominating or interfering with the adminis-
tration of the Cotton Goods Workers Union, the Independent
Workers' Union, any successor to either of said organizations, or any
other labor organization of its employees, or from contributing
financial or other support to said organizations, any successor to
either of said organizations, or any other labor organization of its
employees.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Withdraw all recognition from the Cotton Goods Workers
Union and the Independent Workers' Union, or any successor organ-
ization to either of said organizations as the representative of its
employees for the purpose of dealing with the said company con-
cerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of employment, and completely disestab-
lish each of said organizations as such representative;
(b) Post notices in conspicuous places on each floor of its plant
at 408 East 59th Street, New York City, containing the language
set forth in Appendix A annexed hereto and made a part hereof;
said notices to remain posted for at least thirty (30) consecutive
days from the date of posting.
AND IT IS FURTHER ORDERED that the complaint, as amended, in so
far as it pertains to the cases of Julia Biagi and Rina Taddei set
forth in paragraphs 3 (a), (b), and (c) of the complaint, as amended,
be, and it hereby is, dismissed.
APPENDIX A
NOTICE TO EMPLOYEES OF BEST COAT & APRON MFG. CO., INC.
The matter of Best Coat & Apron Mfg. Co., Inc., before the Na-
tional Labor Relations Board having been settled, the Company
has voluntarily agreed, without admitting violations of law, to post
the following notice :
1. The Company has disestablished the Cotton Goods Workers
Union and the Independent Workers' Union, and will not in the
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
future recognize either of said organizations, or any successor to
either of them as the representative of its employees.
2. The Company will not in any manner interfere with the rights
of its employees to form, join, or assist labor organizations of their
own choosing, and to engage in concerted activities for the purpose
of mutual aid or protection.
3. The Company will not dominate or interfere with the admin-
istration of any organization of its employees or contribute financial
or other support to it.
BEST COAT & APRON MFG. CO., INC.
(Date)