Cine-Simplex Corp.

National Labor Relations Board - Board Decisions

Dec 13, 1940

28 N.L.R.B. 520 (N.L.R.B. 1940)

In the Matter Of CINE-SIMPLEX CORPORATION, and GENERAL THEATRES
EQUIPMENT CORPORATION and UNITED ELECTRICAL, RADIO AND
MACHINE WORKERS-OF AMERICA '
Case-No. C 1737.Decided December 13, 1940.
Jurisdiction : camera and precision instrument manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Edward D. Flaherty, for the Board.
Mudge, Stern, Williams, &'Tucker, by Mr. Robert T. Rinear, of
New York City, for the respondent.
Mr. Louis Sarti, of Syracuse, N. Y., for the Union.
Miss Mary Metlay, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Elec-
trical, Radio and Machine Workers of America, 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 Third Region (Buffalo, New York),
issued its complaint dated November 4, 1940, against Cine-Simplex
Corporation, herein called the respondent Cine, and General
Theatres Equipment Corporation, herein called the respondent Gen-
eral Theatres. The Complaint alleged, that the respondent Cine and
the respondent General Theatres, herein collectively called the re-
spondents, had engaged in and were engaging in unfair labor prac-
tices 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 notice of hearing were duly served upon the respondents and
the Union.
With respect to the unfair labor practices, the complaint alleged
in substance (1) that the respondents on June .19, 1940, discharged
28 N. L. R. B., No. 79.
520
CINE-SIMPLEX CORPORATION 521
Clarence Zimmer, an employee, and have since refused to reinstate
him for the reason that he joined the Union and had engaged in
concerted activities for the purpose of collective bargaining and
other mutual aid and protection; and (2) that the respondents dis-
couraged membership in the Union by such discharge and refusal
to reinstate, by threats to discharge employees if they joined the
Union, by statements derogatory to the Union and its representa-
tives, by prohibiting employees to talk about the Union while per-
mitting discussion on other subjects, by questioning individual em-
ployees about their membership in the Union, and by discrimina-
torily withholding a wage increase from employees because of their
union membership. On November 13, 1940, • the' respondents filed
separate answers admitting certain allegations as to the nature of
their business and denying the commission of the unfair labor prac-
tices alleged in the complaint.,
On November 18, 1940, before any hearing was held, the respondents,
the. Union, and counsel for the Board entered into a stipulation in
settlement of the case. The stipulation provides as follows :
Charges and amended charges having been filed with Henry J.
Winters, Regional Director, National Labor Relations Board,
Third Region, and complaint having heretofore been issued and
served on all parties alleging that the Respondents engaged in
unfair labor practices in violation of Section 8, subsections (1)
and (3) of the National Labor Relations Act (49 Stat. 449), all
parties herein acknowledge service of the complaint, notice of
hearing, amended charge, and copy of Rules• and Regulations of
the National Labor Relations Board, Series 2, as amended. The
Respondents, Cine' Simplex Corporation and General Theatres
Equipment Corporation, having filed their separate answers to
the complaint on, the 10th day of November 1940 wherein they
denied that they had engaged in the unfair labor practices alleged
in the complaint.
It being the intention of the parties to dispose of the matters
which have arisen, IT ' IS HEREBY STIPULATED AND
AGREED by Cine-Simplex Corporation (hereinafter called Re-
spondent Cine), General Theatres Equipment Corporation (here-
inafter called Respondent General Theatres) ; United Electrical,
Radio and Machine Workers of America; and Edward D.'
Flaherty, Attorney National Labor Relations Board, as follows :
I. Respondent Cine is a corporation organized and existing
under the laws of the State of New York, having its principal
1 The stipulation recited below states that the answers were filed on November 10, 1940.
The record , however, shows that the answers were filed on the date stated above.
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office and place of business in the' City of Syracuse, County of
Onondaga, State of New York, and is engaged in the manufac-
ture, sale and distribution of cameras and precision instruments.
The principal raw materials, used by the Respondent Cine are
stainless steel, bronze and aluminum alloys. During the period
from January 1, 1940 to October 31, 1940 the value of the products
used by Respondent Cine was approximately $12,000 of which
25% was delivered to Respondent's Cine Syracuse New York
plant from points outside the State of New York. During the
same period the Respondent Cine manufactured at its Syracuse,
New York plant finished products valued at approximately
$300,000 of which 71/2% was shipped to points outside the State
of New York.
II. The Respondent Cine is engaged in interstate commerce
within the meaning of the National Labor Relations Act and
the decisions thereunder.
III. All parties hereto waive all further and other procedure
provided,by the National Labor Relations Act or the Rules and
Regulations of the National Labor Relations Board, including
the taking of testimony and, the making of Findings of Fact and
Conclusions of Law.
IV. United Electrical, Radio and Machine `Yorkers of America,
affiliated with the Congress of Industrial Organizations, is a
labor organization within the meaning of Section 2 (5) of the Act.
V. This stipulation, together with the second amended charge,
complaint, notice of hearing, answer of Respondent Cine and
Respondent General Theatres, Rules and Regulations of National
Labor Relations Board, Series 2, as amended, may be introduced
in evidence by filing them with the Chief Trial Examiner of the
National Labor Relations Board and shall constitute the record
in this case.
VI. It is understood and agreed that Clarence Zimmer has
other and substantially equivalent employment and that he will
not be reinstated to his job in the Respondent's Cine Syracuse,
New York plant.
VII. It is further understood and agreed that the labor policy
of the Respondent Cine being in no way directed and controlled
by Respondent General Theatres, the complaint as to the
Respondent General Theatres may be dismissed.
VIII. On the basis of the facts stipulated in paragraph I
above, the pleadings and the record described in paragraph V
above, and upon this stipulation, if and when approved by the
National Labor Relations Board, an order may forthwith be
entered by said Board providing as follows :
CINE -SIMPLEX CORPORATION 523,
I
ORDER
The National Labor Relations Board, hereby orders that Cine-
Simplex Corporation, its officers, agents, successors and assigns,
shall :
1. Cease and desist from : (a) discouraging membership in the
United Electrical, Radio and Machine Workers of America or
any other labor organization of its employees by laying off, dis-
chargin, refusing to reinstate or in any other manner dis-
criminating in regard to the hire or tenure of employment of its
employees because of membership or activity in connection with
any labor organization; (b) in any manner interfering with,
restraining or coercing its employees in the exercise of the rights
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 protec-
tion as guaranteed in Section 7 of the' National Labor Relations
Act.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act. (a) Post immediately in
conspicuous places in its plant and maintain for a period of at
least 60 consecutive days from the date of posting, notices to its
employees stating: (1) that Cine-Simplex Corporation will, not
engage in the conduct from which it is ordered to cease and desist
in paragraphs 1 (a) and (b) of this order; (2) that the Respond-
ent Ciue will take the affirmative action set forth in paragraphs
2 (a) of this order; (b) Notify the Regional Director of the Third
Region in writing within 10 days from the date of this order of
the steps Respondent Cine has taken to comply herewith.
IX. The Respondents, Cine and General Theatres, hereby con-
sent to the entry by the United States Circuit Court of Appeals
for the appropriate circuit upon application of the Board of a
Consent Decree enforcing an order of the Board in the form here-
inabove set forth and hereby waive further notice of the applica-
tion for such Decree.
X. It is understood and agreed further that this stipulation is
subject to the approval of the National Labor Relations,Board
and shall become effective immediately upon receipt of notice
granting such approval.
XI. It is understood and agreed that this stipulation embodies
the entire agreement between the parties and there is no verbal
agreement- of any kind which varies, alters or adds to this
stipulation.
524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On November 25, 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 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 CINE '
The respondent Cine, a New York corporation, having its principal
office and place of business in Syracuse, New York, is engaged in the
manufacture, sale, and distribution of cameras and precision instru-
ments. The principal raw materials used by the respondent Cine are
stainless steel, bronze, and aluminum alloys. During the period from
January 1 to October 31, 1940, the value of the products used by the
respondent Cine was approximately $12,000. Twenty-five per cent of
.the products used by the,respondent Cine was delivered to it from
points outside the State of New York. During the same period it
manufactured finished products valued at approximately $300,000, of
which 71/2 per cent was shipped to points outside the State of New
York.
The respondent Cine concedes that it is engaged in interstate com-
merce 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.
ORDER
The National Labor Relations Board hereby orders that Cine-
Simplex Corporation, its officers, agents, successors and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in the United Electrical, Radio and
Machine Workers of America or any other labor organization of its
employees by laying off, discharging, refusing to reinstate or in any
other manner discriminating in regard to the hire or tenure of employ-
ment of its employees because of membership or activity in connection
with any labor organization;
(b) In any manner interfering with, restraining or coercing its
employees in the exercise of the rights of its employees to self -organi-
zation, to form, join, or assist labor organizations, to bargain collec-
tively 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.
CINE-SIMPLEX CORPORATION 525
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act.
(a) Post immediately in conspicuous places in its plant and main-
tain for a period of at least sixty ( 60) consecutive days from the date
of posting , notices to its employees stating : ( 1) that Cine -Simplex
Corporation will not engage in the conduct from which it is ordered to
cease and desist in paragraphs 1 (a) and (b) of this order ; ( 2) that
the Respondent Cine will take the affirmative action set forth in
paragraphs 2 (a) of this order;
(b) Notify the Regional Director of the Third Region in writing
within ten ( 10) days from the date of this order of the steps Respond-
ent Cine has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint against General
Theatres Equipment Corporation be, and it hereby is, dismissed.