Breeze Corporations, Inc.

National Labor Relations Board - Board Decisions

Jan 16, 1939

10 N.L.R.B. 1161 (N.L.R.B. 1939)

In the Matter of BREEZE CORPORATIONS , INC.' and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 420 2
Cases Nos. C-608 and R-734.-Decided January 16, 1939
Machine Parts and Accessories Manufacturing Industry-Settlement : stipula-
tion providing for reinstatement of 7 employees and payment of a certain sum
to 11 employees , disestablishment of company-dominated organization, and
recognition of complaining union-Order : entered on stipulation-
Discrimina-tion: charges of, dismissed as to 3 employees-Investigation of Representatives:
petition for, dismissed.
Mr. Richard J. Hickey, for the Board.
Newman, Kristeller c6 Zucker, by Mr. James A. Castner, of
Newark, N. J., for the respondent.
Isserman, Isserman, Rothbard c6 Kapelsohn, by Mr. Samuel L.
Rothbard, of Newark, N. J., for the United.
Mr. Arthur M. Karl, of Newark, N. J., for the I. P. A.
Mr. Guy Farmer, o f counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges filed on April 16, 1937, by International Association
of Machinists 3 and amended charges filed on July 15, 1937, by
United Electrical, Radio and Machine Workers of America, Local
420, herein called the United, the National Labor Relations Board,
herein called the Board, by Elinore M. Herrick, Regional Director
for the Second Region (New York City), issued its complaint, dated
October 8, 1937, against Breeze Corporations, Inc., herein called the
' It appears from paragraph 1 of the stipulation set forth infra and from the complaint
as amended at the hearing that this is the correct name of the respondent . The original
complaint , petition , and notices of hearing incorrectly designated the respondent as
Breeze Corporations , Inc. and Breeze Metal Hose and Manufacturing Co.
2 It appears from paragraph 2 of the stipulation that this is the correct name of the
Union. The complaint , petition , and notices of hearing incorrectly designated the Union
as United Electrical & Radio Workers of America , Unity Local #420.
3 It appears from the record that the International Association of Machinists filed its
charges on behalf of its Unity Lodge No. 1560 . Subsequent to the filing of such charges
and prior to the filing of the amended charges, the membership of Unity Lodge No. 1560
voted to affiliate with United Electrical , Radio and Machine Workers of America. The
United thereupon chartered Local 420.
10 N. L. R. B., No. 105.
1161
1162 NATIONAL LABOR RELATIONS BOARD
respondent, alleging that the respondent in the operation of its two
plants located at Newark and Elizabeth, New Jersey, respectively,
had engaged in and was engaging in unfair labor practices 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.
Concerning the unfair labor practices the complaint as amended at
the hearing alleged, in substance, (1) that the respondent had urged,
warned, and persuaded its employees to refrain from becoming or
remaining members of International Association of Machinists and
of the United, thereby interfering with, restraining, and coercing
them in the exercise of the rights guaranteed by Section 7 of the Act;
(2) that the respondent had dominated, interfered with the forma-
tion and administration of, and contributed support to, a labor or-
ganization known as Independent Aircraft Products Association,4 here-
in called the I. P. A.; and- (3) that the respondent had discharged and
refused to reinstate 13 named employees because of their union ac-
tivities, thereby discouraging membership in the United.
On April 28, 1937, International Association of Machinists 5 filed
with the said Regional Director a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the respondent in its plant located at Newark, New Jersey.
On July 15, 1937, the United filed with the Regional Director an
amended petition for the purpose of enlarging the unit claimed to be
appropriate to include employees of the respondent in a second plant
located at Elizabeth, New Jersey, and to further clarify and correct
the original petition. The petitions requested an investigation and
certification of representatives pursuant to Section 9 (c) of the Act,
49 Stat. 449. On October 9, 1937, the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
ordered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
Copies of the complaint, accompanied by notices of hearing upon
the complaint and petitions, were duly served upon the respondent,
the United, and the I. P. A. The respondent duly filed its respective
answers to the complaint and petitions. The answers as amended at
the hearing admitted the allegations of the complaint concerning the
nature and interstate character of the respondent's business but denied
the remaining material allegations of the complaint and petitions.
4It appears from the stipulation set forth infra that this is the correct name of the
I. P. A. The latter was incorrectly designated in the complaint as Aircraft Pioducts
Association.
5 See footnote 3, supra.
DECISIONS AND ORDERS 1163
On October 12, 1937, the Board, acting pursuant to Article III,
Section 10 (c) (2), and Article II, Section 37 (b), of National Labor
Relations Board Rules and Regulations-Series 1, as amended, ordered
that the proceeding upon the petitions and the proceeding upon the
complaint be consolidated for the purpose of hearing.
Pursuant to the notices and to amended notices, and after several
postponements, notices of which were duly given, a hearing on the
consolidated cases was held on March 18, 21, 22, and 23, 1938, at New
York City, before Paul Davier, the Trial Examiner duly designated by
the Board. At the beginning of the hearing the I. P. A. appeared and
moved for leave to intervene. The motion was granted by the Trial
Examiner. The Board, the respondent, the United, and the I. P. A.
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
Upon the motion of counsel for the respondent at the hearing, the
Trial Examiner permitted the respondent's answer to be amended
to admit the allegations of the complaint concerning the respondent's
interstate activities. Likewise, the Trial Examiner granted a motion
by counsel for the Board to amend the complaint by adding the names
of two employees to those alleged in the original complaint to have
been discriminatorily discharged. During the course of the hearing
the Trial Examiner made various other rulings on motions and on
objections to the admission of evidence: The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
On March 23, 1938, upon the joint motion of all parties, the Trial
Examiner recessed the hearing pending negotiations for the purpose
of disposing of the issues involved in the consolidated proceedings.
On May 10, 1938, pursuant to the negotiations, the respondent, the
United, and the Board's Regional Director entered into a stipulation
effecting a settlement of the cases in which the respondent and the
United agreed to the terms of a consent order to be entered by the
Board upon its approval of the stipulation. Thereafter, the I. P. A.
signed the stipulation.
On May 19, 1938, the Board issued an order approving the stipula-
tion and acting pursuant to Article II, Section 37, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, fur-
ther ordered that the proceedings be transferred to and continued
before the Board for the purpose of the entry of a decision and order
by the Board pursuant to the provisions of the stipulation.
The stipulation, as agreed upon by the respondent, the United, and
the I. P. A. and approved by the Board, provides as follows :
In settlement of these cases Breeze Corporations, Inc., the
United Electrical Radio and Machine Workers of America, Local
1164 NATIONAL LABOR RELATIONS BOARD
420 and National Labor Relations Board, Second Region through
its Regional Director, agree as follows :
1. The correct corporate title of the respondent is BREEZE
`CORPORATIONS, INC.
2. The correct title of the union involved is UNITED ELECTRI-
CAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 420.
3. Breeze Corporations, Inc. at its 24 South 6th Street plant
located in Newark, New Jersey, and at its Waverly plant located
in the Durant Building, Frelinghuysen Avenue, Elizabeth, New
Jersey, shall cease and desist :
(a) From interfering with, restraining or coercing its em-
ployees, in the exercise of the right to self-organization, to form,
and join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage
in concerted activities for the purposes of collective bargaining
-or other mutual aid or protection.
(b) From dominating or interfering with the formation or
-administration of any labor organization and from contributing
support of any kind to any kind (sic) to any labor organization.
(c) From discouraging membership in the United Electrical
Radio and Machine Workers of America, Local 420, or any other
labor organization, by discrimination in regard to hire or tenure
of employment or any term or condition of employment.
(d) From refusing to bargain collectively with United Elec-
trical, Radio and Machine Workers of America, Local 420, as
the exclusive representative of the production and maintenance
employees of the respondent employed at its 24 South 6th Street
plant in Newark, New Jersey, and at its Waverly plant located
in the Durant Building, Frelinghuysen Avenue, Elizabeth, New
Jersey.
4. That Breeze Corporations, Inc. will take the following af-
firmative action in order to effectuate the policies of the National
Labor Relations Act :
(a) Withdraw all recognition at its 24 South 6th Street plant
in Newark, New Jersey, and at its Waverly plant, located at
Durant Building, Frelinghuysen Avenue, Elizabeth, New Jersey,
from Independent Aircraft Products Association as representa-
tive of its employees at both of said plants for the purpose of
dealing with respondent concerning grievances, labor disputes,
wages, rates of pay, hours of employment or conditions of work;
and completely disestablish said Independent Aircraft Products
Association as such representatives ;
(b) Offer to Henry Dorer, Fred Kaucher, Jr., Vincent La
Manna, Peter Paul, Simon Honeiser, Charles Hoffman, Joseph
Szalkewicz, and each of them, immediate and full reinstatement,
DECISIONS AND ORDERS 1165
respectively, to their former positions, without prejudice to their
seniority or other rights and privileges previously enjoyed, but
at the presently existing wage rate ;
(c) For the purpose of making whole the persons named in
paragraph 4 (b) above, and each of them, for any losses of pay
they have suffered by reason of their discharge, and for the pur-
pose of making whole the following four employees : Paul Ca-
ruso, John Placko, Sam Taylor and Carmine Santucci, pay to
the Regional Director of the Second Region for distribution to
said eleven employees the sum of Four Thousand ($4,000) Dol-
lars. This payment to be made by Breeze Corporations, Inc. is
in full settlement for all back pay due to all employees named
in the complaint.
(d) Upon request, bargain collectively with United Electrical,
Radio and Machine Workers of America, Local 420, as the exclu-
sive representative for collective bargaining purposes of the pro-
duction and maintenance employees in the 24 South 6th Street
plant of respondent in Newark, New Jersey, and in the Waverly
plant of the respondent located at the Durant Building, Fre-
linghuysen Avenue, Elizabeth, New Jersey, with respect to rates
of pay, wages, hours of employment and other conditions, of
employment:
(e) Post notices in conspicuous places throughout its 24 South
6th Street plant in Newark, New Jersey, and its Waverly plant
located in the Durant Building, Frelinghuysen Avenue, Eliza-
beth; New Jersey, stating (1) that the respondent will cease and
desist as provided above; (2) that such notices will remain posted
for a period of at least thirty, (30) consecutive days from the
date of posting; and (3) that the Independent Aircraft Products
Association . is disestablished as representative of respondent's
employees at both plants and that respondent will refrain from
any recognition thereof as such representative.
5. An order based on the terms of this agreement may be made
by the National Labor Relations Board. '
6. A consent decree embodying the substance- of the above
order of the Board may be entered by the Circuit Court of Ap-
peals of the appropriate Circuit upon application by the Board
without notice to any parties.
7. This stipulation is submitted subject to the approval of the
National Labor Relations Board, Washington, D. C.
As the stipulation makes no provision for the disposition of the
cases of Fred Freely, Richard O'Connor, and Walter Hughes, the
allegations of the complaint relating to the discriminatory discharges
of these employees will be dismissed.
1166 NATIONAL LABOR RELATIONS BOARD
Upon the basis of the stipulation and the entire record in the
-case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Breeze Corporations, Inc., a New Jersey corporation, having its
principal office at Newark, New Jersey, is engaged in the manufac-
ture and sale of parts, fixtures, accessories, and kindred products for
the aircraft, automobile, radio, marine, electrical, gas and oil, and
other industries. The respondent conducts these operations in two
plants located at Newark and Elizabeth, New Jersey, respectively.
Substantially all of the respondent's raw materials are shipped to
these plants from States other than New Jersey. Likewise, the
respondent's finished products are transported to the District of
Columbia and to States other than the State of New Jersey.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States and between the District of Columbia and the several
States.
IT. THE ORGANIZATIONS INVOLVED
United Electrical , Radio and Machine Workers of America, Local
420, is a labor organization affiliated with the Committee for Indus-
trial Organization , admitting to membership production and main-
tenance employees of the respondent in its Newark and Elizabeth,
New Jersey , plants.
Independent Aircraft Products Association is an unaffiliated labor
organization admitting to membership employees of the respondent
in its Newark and Elizabeth plants.
ORDER
On the basis of the above findings of fact and- stipulation, and upon
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 respondent, Breeze Corporations, Inc., at its
Newark and Elizabeth, New Jersey, plants, and its officers, agents,
successors , and assigns, shall:
1. Cease and desist from :
(a) Interfering with, restraining, or coercing its employees, in the
exercise of the 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 purposes
of collective bargaining or other mutual aid or protection;
DECISIONS AND ORDERS 1167
(b) Dominating or interfering with the formation or administra-
tion of any labor organization and from contributing support of
any kind to any labor organization ;
(c) Discouraging membership in the United Electrical, Radio
and Machine Workers of America, Local 420, or any other labor
organization, by discrimination in regard to hire or tenure of em-
ployment or any term or condition of employment;
(d) Refusing to bargain collectively with United Electrical, Radio
and Machine Workers of America, Local 420, as the exclusive repre-
sentative of the production and maintenance employees of the re-
spondent employed at its 24 South 6th Street plant in Newark, New
Jersey, and its Waverly plant located in the Durant Building, Fre-
linghuysen Avenue, Elizabeth, New Jersey.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition at its 24 South 6th Street plant in
Newark, New Jersey, and at its Waverly plant located in the Durant
Building, Frelinghuysen Avenue, Elizabeth, New Jersey, from In-
dependent Aircraft Products Association as the representative of its
employees at both of said plants for the purpose of dealing with
the respondent concerning grievances, labor disputes, wages, rates
of pay, hours of employment, or conditions of work; and completely
disestablish said Independent Aircraft Products Association as such
representative;
(b) Offer to Henry Dorer, Fred Faucher, Jr., Vincent La Manna,
Peter Paul, Simon Honeiser, Charles Hoffman, Joseph Szalkewicz,e
and each of them, immediate and full reinstatement, respectively, to
their former positions, without prejudice to their seniority or other
rights and privileges previously enjoyed, but at the presently existing
wage rate;
(c) For the purpose of making whole the persons named in para-
graph 2 (b) above, and each of them, for any losses of pay they
have suffered by reason of their discharge, and for the purpose of
making whole the following 4 employees, Paul Caruso, John Placko,7
Sam Taylor, and Carmine Santucci, pay to the Regional Director of
the Second Region for distribution to said 11 employees the sum of
four thousand dollars ($4,000). This payment to be made by Breeze
Corporations; Inc., is in full settlement of all back pay due to all
employees named in the complaint;
(d) Upon request, bargain collectively with United Electrical,
Radio and Machine Workers of America, Local 420, as the exclusive
6 At the hearing , the name of this employee was spelled "Szalklewicz "
4 The name of this employee Is variously spelled in the papers in the case. He is
designated In the charges as "Planko ," In the complaint as "Planke" and in the
stipulation as "Placko."
1168 NATIONAL LABOR RELATIONS BOARD
representative for collective bargaining purposes of the production
and maintenance employees in the 24 South 6th Street plant of
the respondent in Newark, New Jersey, and in the Waverly plant
of the respondent located in the Durant Building, Frelinghuysen
Avenue, Elizabeth, New Jersey, with respect to rates of pay, wages,
hours of employment, and other conditions of employment;
(e) Post notices--in conspicuous places throughout its 24 South
Sixth Street plant in Newark, New Jersey, and its Waverly plant
located in the Durant Building, Frelinghuysen Avenue, Elizabeth,
New Jersey, and maintain such notices for a period of thirty (30)
consecutive days from the date of posting, stating (1) that the
respondent will cease and desist as provided above; (2) that the
Independent Aircraft Products Association is disestablished as the
representative of the respondent's employees at both plants and that
the respondent will refrain from any recognition thereof as such
representative;
(f) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this order what steps the
respondent has taken to comply herewith.
IT IS FURTHER ORDERED that the amended complaint, in so far as it
alleges that the respondent discriminated in regard to the hire and
tenure'of employment of Fred Freely, Richard O'Connor, and Walter
Hughes, be, and it hereby is, dismissed.
AND IT IS FURTHER ORDERED that the petition and amended petition
for an investigation and certification of representatives be, and they
hereby are, dismissed.