Columbia Products Corp.

National Labor Relations Board - Board Decisions

Apr 21, 1943

48 N.L.R.B. 1452 (N.L.R.B. 1943)

'In the Matter of COLUMBIA PRODUCTS CORPORATION and COSMETIC
WORKERS UNION , LOCAL 22806, A. F. OF L.
Case No. C-0374.=Decided April 21, 1943
Jurisdiction : cosmetic products manufacturing industry.
Unfair Labor Practices ,
Interference, Restraint, and Coercion: anti-union acts by employee reasonably
regarded as management representative; surveillance; interrogation, dispar-
aging remarks, and threats concerning the union; attempt to persuade an
employee to spy on union meetings
Discrimination: lay-offs of two prominent union employees on false pretexts ;
demotion of one employee upon reinstating her after discriminatory lay-off,
followed by discharge shortly thereafter on another pretext ; Trial Exam-
iner reversed and charges of discrimination dismissed for insufficiency of
evidence as to the demotion of an employee and her subsequent failure to
be recalled to work following a legitimate shut-down, despite her previous
discriminatory lay-off.
Remedial Orders : reinstatement and back pay to employee discriminatorily
laid off, demoted and then discharged; back pay to employee discrimina-
torily laid off
Evidence : Trial Examiner's denial of respondent's motions, to inspect written
statements of Board witnesses for exploratory purposes, affirmed
DECISION
AND
ORDER
On October 15, 1942, the Trial Examiner issued his Intermediate
Report in the above-entitled proceeding, finding that the respondent
had engaged in and was engaging in certain unfair labor practices
and recommending that it cease and desist therefrom and take cer-
tain affirmative action, as set forth in the copy of the Intermediate
Report annexed hereto. No exceptions to the Intermediate Report
have been filed. The Board has considered the rulings made by-the
Trial Examiner at the hearing, and finds that no prejudicial error
was committed.' The rulings are -hereby affirmed.
r At several points during the hearing, the respondent moved for the production of written
statements previously made by Board witnesses concerning the alleged unfair labor prac-
tices. These documents had been given to the respective witnesses to read prior to testify-
ing. However, the witnesses did not use the documents while on the stand, and the re-
spondent's failure to make any showing of the materiality or relevancy of the documents
indicates that its requests to inspect them were made merely for exploratory purposes.
The Trial Examiner denied the motions, and we find that there was no prejudicial error
in these rulings Cf. Goldman v. United States, 316 U. S. 129; N. L. R. B. v. Bank of
America, etc, 130 F. (2d)'0624 (C. C. A 9), enforcing 26 N. L R. B 198.
48 N. L It. B., No. 178.
1452
COLUMBIA PRODUCTS, CORPORATION 1453
The Board has considered the Intermediate Report and the entire
record in the case, and hereby adopts the findings, conclusions, and
recommendations made by the. Trial Examiner, except as noted
below.
The Trial Examiner has found that the respondent discriminated
against Tictor, by giving her inferior employment on and for a few
weeks after August 26, 1941, and by refusing to reinstate her between
January 5 and April 15, 1942. We are not satisfied that the evidence
warrants this finding. The record shows and we find, as did the Trial
Examiner, that the respondent discriminatorily laid Victor- off from
August 18 to 26, 1941.' But the record also shows that Victor's earn-
ings for the period following her reinstatement on August 26, 1941,
were substantially the same as before her discriminatory lay-off, and
that she was not discriminated against during that period. On and
after January 5, 1942, at the termination of the annual Christmas shut-
down, the respondent had work available for Victor, but Victor did
not receive the customary post card from the respondent recalling her
to work. However, Victor had learned by January 8, 1942, that the
plant was, starting-operations again, yet she failed to report for work,
as was also customary among laid-off employees, and did not even in-
quire whether the respondent intended to terminate her employment
at that time. , Moreover, the respondent, when first advised by the
Board's Regional Office in April 1942 that Victor was claiming dis-
crimination because of her failure to receive a post card recalling her
to work, did not assert-that Victor's employment had been terminated,
but on the contrary sent her a post card advising her to return to work
at once. The record shows that there had been no activity on behalf
of the Union for several months prior to January 1942, either by Victor
or by any other person. Under the circumstances, and particularly
since there was no discrimination against Victor after her reinstate-
ment in August 1941, we, find that the evidence does' not sustain the
allegation that the respondent discriminated against Victor by failing
to recall her upon resumption of operations in January 1942. Accord-
ingly, we shall dismiss the complaint insofar as it alleges discrimination
against Victor on and after August 26, 1941.. However, we shall order
the respondent to make Victor whole for any loss of pay she suffered
because of her discriminatory lay-off from August 18 to 26, 1941.
ORDER
Upon the basis of the foregoing findings of fact and the entire record'
in the case, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act,-the,National.Labor-Relations Board hereby orders that the
respondent, Columbia Products Corporation, Brooklyn, New York,
and its officers, agents, successors, and assigns, shall :
1454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from : '
(a) Discouraging membership in Cosmetic Workers Union, Local
22806, A: • F. of L., or in any other labor organization of its employees,
by discriminating in regard to the hire and tenure of employment 'of
any of its employees , or any term or condition of their employment;
'(b) In any other manner 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 rep-,
resentatives of their own choosing ; and to engage in concerted activi,
ties for the purpose of collective bargaining or other mutual aid .or
protection , as guaranteed in Section 7 of the Act.
2. Take the following affirmative action , which the Board finds will
effectuate the policies of the Act :
(a) Offer to Ann Ferrara LaCentra immediate and full reinstate-
ment to her former or a substantially equivalent position, without
prejudice to her seniority or other rights and privileges;
(b) Make whole Ann Ferrara LaCentra for any loss of pay she has
suffered by reason of her discriminatory lay-off from August 14 to 29,
1941; her assignment to less remunerative work from^