Dinhofer Bros., Inc.

National Labor Relations Board - Board Decisions

Sep 5, 1942

43 N.L.R.B. 1007 (N.L.R.B. 1942)

In the Matter of DINHOFER BROS., INC. and UNITED OFFICE AND PRO-,
FES:IONAL WORKERS OF AMERICA, LOCAL 16, C. I. O.
Case No. C-2304.-Decided September 5, 194
Jurisdiction : jewelry manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation:
Practice and Procedure : pursuant to stipulation, complaint dismissed in regard
to an 8 (5) violation.
Mr. William T. Little, for the Board.
Kleiner and Britwitz, of New York City, for the respondent.
Boudin, Cohn & Gliclcstein and Anne Berenholz, of New York City,
for the Union. '
Mr., Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge duly filed by United Office and Profes-
sional, Workers of America, Local 16, C. I. 0., herein called the Union,
the National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (New York City), issued
its complaint dated July 9, 1942, against Dinhofer Bros., 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), (3), and (5)' and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. Copies of the complaint 'and of notice of
hearing thereon were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the' complaint alleged in
substance : (1) that on or about March 3, 1942, and at all times there-
after, the respondent refused to bargain collectively with the Union as
the exclusive representative of its employees within an appropriate
unit; (2) that on specified dates during March 1942, the respondent.
discriminated in regard to the hire and tenure' of employment and/or
0
43 N. L B. B., No. 179.
1007
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the terms and conditions of employment of nine of its employees be-
cause they had joined and assisted the Union; and (3) that, by the
foregoing acts and by other specified acts and, conduct, the respondent
interfered with, restrained, and coerced- its employees in the exercise
of the rights guaranteed in Section 7 of the Act. The respondent did'
not file an answer to the complaint.
Prior to the scheduled hearing,- the respondent, the Union, and
counsel for the Board entered into a stipulation in settlement of the
case, subject to the approval of the Board. The stipulation provides
as follows :
WHEREAS, upon an Amended Charge duly filed by United Office
and Professional Workers of America, Local 16, C. I. 0., herein-
after called the Union, the National Labor Relations Board,,
hereinafter called the Board, by the Regional Director for the
Second Region, acting pursuant to authority granted in Section
10 (b) of the National Labor Relations Act, 49 Stat. 449, herein-
after called the Act, and pursuant to Article II Section 5, Article
IV Section 1 of the National Labor Relations Board Rules and
Regulations,, Series 2, as amended, duly issued a Complaint and
Notice of Hearing thereof on July 9, 1942, against Dinhofer-
Bros., Inc., hereinafter called the Respondent, and
WHEREAS, without admitting that the unfair labor practices
alleged in the Complaint have been committed, the Respondent
now joins ' in this Stipulation and agreement to the end that this
matter may be amicably settled,
Now, THEREFORE, IT IS STIPULATED AND AGREED by,and among
Dinhofer Bros., Inc., United Office & Professional Workers of
America, Local 16, C. I. •O. and William T. Little, Attorney,,
Second Region, National Labor Relations Board, that :
I
1. Respondent is and has been since February 16, 1920 a corpo-
ration duly organized and existing by virtue of the laws of the
State of New York, having its principal office and place of
business at 150 Lafayette Street, New York City, hereinafter
called the New York City Plant. . ,
2. Respondent is engaged in the manufacture, sale and distribu-
tion of watch cases, rings and related products.;
. 3. The' principal raw materials used by the Respondent at its
New York City Plant are gold, platinum and diamonds. During
the year preceding August 15, 1942, the Respondent purchased
and used in its operations at its New York City Plant, raw mate-'
rials valued at approximately $140,000.00, approximately 10% of
DINHOFER BROS., INC. 1009
which were shipped to said'plant from outside the State of New
York. During the same period, the Respondent manufactured
at its New York City Plant, finished products described in para-,
graph 2 above, valued at approximately $330,000:00, approxi-
mately 10% of which were shipped from,its New York City
Plant to points outside the State of New York. ,
4. The Respondent concedes that it is engaged in commerce
within the meaning of Section 2 (6) and (7) of the Act.
II
United Office and Professional Workers of America, Local 16,
C. I. O. is a labor organization within the meaning of Section 2
(5) of the Act.
III
All the parties hereto waive their right to a hearing, to the
making of findings of fact and conclusion of law by the National
Labor Relations Board herein, and to any other or further pro-
cedure before the said Board.
IV
The Union hereby withdraws that portion of its Charge, Sup-
plemental Charge and First Amended Charge which alleges that
the Respondent engaged in unfair labor practices within the mean-
ing of Section 8 (5) of the Act, by refusing to bargain with the ,
Union as the exclusive representative of all Respondent's office
and shipping employees employed at its New York City Plant,
exclusive of executives,. part-time and supervisory employees.
V_
The .Charge,' Supplemental Charge, First Amended Charge,
Complaint and this Stipulation shall be filed with the Chief Trial
Examiner of the National Labor Relations Board at Washington,
D. C. and when so filed shall constitute the entire record in- this
case.
VI
Upon the record in this proceeding the National Labor Rela-
tions Board -may enter an Order substantially to the following
effect :
1. The Respondent, Dinhofer Bros., Inc., New York City, N. Y.,
its officers, agents, successors, and, assigns shall cease and desist
from :
481039-42-vo1. 43-64
1010 DECISIONS OF •ATATIONAL LABOR RELATIONS BOARD
(a) discouraging membership in United Office and Professional
Workers of America, Local 16, C. I. O. or in any other labor
organization of its employees by discharging, refusing to .rein-
state, providing less employment, demoting to inferior positions,
decreasing rates of -pay, assigning to more arduous and less agree-
able work, or transferring to less desirable work places, any of
its, employees; or in any other manner discriminating- in regard
to their hire or tenure of employment or any term or condition
of, their employment.
(b) in any other manner interfering with, restraining or coerc-
ing 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 purposes of collective bargaining.
2. Take the following affirmative action to effect the policies of
the National Labor Relations Act:
(a) Make whole Joseph Papirofsky and Murray Papirofsky
for any loss of wages which they may have suffered by reason of
their discharge on or about March 20, 1942, by the payment to
said Joseph Papirofsky of the sum of Forty-four ($44.00) Dollars,
and to Murray Papirofsky of the sum of Fourteen ($14.00)
Dollars.
(b) Make whole Nellie Becker, Rubin Cohen; Anne Ensel,
Loretta Greenberg, Sylvia Karriinsky, Philip Ross, Pearl Sand-
berg, Murray Papirofsky and Joseph Papirofsky for any loss of
wages they may have suffered by reason of reduction of their rate
of pay and the amount of work, by paying the employees named
below the amount set forth opposite their name :
Nellie Becker----------------------------------------- $3 94
Anne' Ensel------------------------------------------ . 97
Sylvia Kaminsky------------------------------------- 5 69
Philip Ross------------------------------------------ 3.00
Pearl Sandberg-------------------------------------- 3.72
Joseph Papirofsky____________________________________ ..97
(c) Post immediately in conspicuous places throughout its New
York City Plant, and maintain for a period of at least sixty (60)
consecutive days from the date of posting, notices to its employees
stating :
(1) that the Respondent will not engage in the conduct from
which it has been ordered to cease and desist in Paragraphs 1 (a)
and (b) of this Order,,
(2) that the Respondent will take the affirmative action set
forth in Paragraph 2 (a) and (b) of this Order, and
DINHOFER BROS., INC. 1011
(3) that the Respondent's employees are free to become or re-
main members of United Office and Professional Workers of
America, Local 16, C. I. 0., and that Respondent will not dis-
criminate against any employee because of his membership in that
organization.
(d) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of this Order, what
steps Respondent has taken to comply therewith.
It is further ordered that the Complaint, insofar as it alleges
that the Respondent engaged in unfair labor practices under Sec-
tion 8 (5) of the Act, by refusing to bargain with the Union as
the exclusive representative of all Respondent's office and shipping
employees employed at its New York City Plant, exclusive of
executives, part-time and supervisory employees, be and hereby
is dismissed.
VII
It is further stipulated and agreed that any appropriate Cir-
cuit Court of Appeals in the United States may, upon application
of the Board, enter its decree substantially enforcing the Order
of the Board. Respondent waives its rights to contest the entry
of any such decree and its rights to receive notice of the filing
of the application for the entry of such decree.
VIII
This Stipulation contains the entire agreement between the
.parties, there being no agreement of any kind, verbal or other-
wise, which varies, alters or adds to this Stipulation.
IX
This Stipulation is subject to the approval of the Board and
shall be of no force and effect unless and until approved by the
Board, and if not approved by the Board, none of the statements
recited hereinabove may be used as evidence in any proceeding
before the Board.
On August 26, 1942, the Board issued an order approving the stipu-
lation, making it a part of the record, and, pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regulations-
Series 2, as'ainended, transferring the proceeding to the-Board for
the purpose of entry of a Decision-aimd Order 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:
1012 DECISIONS OF • NATIONAL- LABOR ' RELATIOI\TS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Dinhofer Bros., Inc., a New York corporation, is engaged in the
manufacture; sale, and distribution of watch cases, rings, and related
products at a plant in New-York City. During the year ending Au-
gust 15, '1942, the respondent purchased for use at its plant- raw
materials, consisting principally of gold, platinum, and -diamonds,
valued at approximately $140,000, of which approximately 10 percent'
were obtained from sources outside the State of New York. During
the same period, the respondent manufactured at its plant finished
products valued at approximately $330,000, of which approximately
10 percent were shipped to points outside the State of New York.
The respondent concedes that it is engaged in commerce, within the
meaning of the Act.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
ORDER
On 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
Labor Relations Act, the National Labor Relations Board hereby orders
that Dinhofer- Bros., Inc., New York City, and its officers, agents,
successors, and assigns, shall:
1. Ceast and desist from :
.(a) Discouraging membership in United Office and Professional
Workers of America, Local 16, C. I. O. or in any other labor organi-
zation of its employees by discharging', refusing to reinstate, providing
less employment, demoting to inferior positions, decreasing rates of
pay, assigning to more arduous and less agreeable work, or transferring
to less desirable work places, any of its employees, or in any other
manner discriminating in regard to their hire or tenure of employment
or any term or condition of their employment.
(b) In any other manner interfering with, restraining or,coercing
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 purposes of collective bargaining.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Make whole Joseph Papirofsky and Murray Papirofsky for any
loss of wages which they may have suffered by reason of their discharge
on or about March 20, 1942, by the payment to said Joseph Papirofsky
DINHOFER'BROS, INC. 1013
,of the sum of Forty-four ($44.00) Dollars, and to Murray' Papirofsky
of the sum of Fourteen ($14.00) Dollars.
(b) Make whole Nellie Becker, Rubin Cohen,, Anne Ensel, Loretta
Greenberg, Sylvia Kaminsky, Philip Ross, Pearl Sandberg, Murray
Papirofsky and Joseph Papirofsky for any loss of wages they may
have suffered by reason of reduction of their rate of pay and the
amount of work, by paying the employees named below the amount
set forth opposite their names :
Nellie Becker--------------------------------------------- $394
Anne Ensel ------------------------------------------------ .97
Sylvia Karninsky ----------------------------------------- 569
Philip Ross----------------------------------------------- - 00
Pearl Sandberg------------------------------------------ 3 72
Joseph Papirofsky---------------------------------------- .97
(c) Post immediately in conspicuous places throughout its New
York City Plant, and maintain for a period of at least sixty (60)
consecutive days from the date of posting, notices to its employees
stating :
(1) that the respondent will not engage in the conduct. from which
it has been ordered to cease and desist in Paragraphs 1 (a) and (b)
of this Order,
(2) that the respondent will'take the affirmative action set forth in
Paragraph 2 (a) and (b) of this Order, and
(3) that the respondent's employees are free to become or remain
members of United Office and Professional Workers of America, Local
16, C. I. 0., and that the respondent will not discriminate against any
employee because of his membership in that organization.
(d) 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 therewith.
AND IT IS FURTHER ORDERED that the complaint insofar as it alleges
that the respondent,c by refusing to bargain with the Union as the
exclusive representative of all the respondent's office- and shipping
employees in its New York City plant, excluding executives, part-time
and supervisory employees, engaged in unfair labor practices within
the meaning of Section 8 (5) of the Act, be, and it hereby is, dismissed.
,MR. GERARD D. REILLY`took no part in the' consideration of the above
Decision and Order. '