Eastern Wiping Material Co., Inc.

National Labor Relations Board - Board Decisions

Apr 13, 1942

40 N.L.R.B. 473 (N.L.R.B. 1942)

In the Matter of EASTERN WIPING MATERIAL Co., INC. and LAUNDRY
WORKERS' INTERNATIONAL UNION, LOCAL 135, A. F. L.
Case No. C-2146.-Decided April 13, 19.1
Jurisdiction : wiping rags and related products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Mark Lauter, for the Board.
Mr. Louis H. Solomon, of New York City, for the respondent.
Mr. Angelo Barazotti, of New York City, for the Union.
Mr. Milton A. Dallis, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges, amended charges, and second amended charges duly
filed by the Laundry Workers' International Union, Local 135, affili-
ated with the American Federation of Labor, 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 January 6, 1942, against Eastern Wiping Mate-
rial Company, Inc., herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1) 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, the second
amended charge, and the accompanying notice of hearing were duly
served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance that (1) on or about February 1, 1941, and thereafter, the
respondent refused to bargain 'collectively with the Union as the
exclusive representative of its employees within an appropriate bar-
gaining unit; (2) the respondent, from on or about February 1, 1941,
to the date of the complaint vilified, disparaged, and expressed dis-
40 N. L. R. B., No. 81.
473
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approval of the Union; (3) interrogated its employees concerning
their union affiliation; (4) ,and urged, persuaded, threatened, and
warned its employees to refrain from assisting, becoming members of,
or remaining members of, the Union; and (5) that by these acts the
respondent engaged in and -was engaging thereby in an unfair labor
practice, within the meaning of- Section 8 (5) of- the Act-; and (6)
that by these acts the respondent interfered with, restrained, and
coerced and was interfering with, restraining, and coercing its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act and thereby engaged in and was thereby engaging in an unfair
labor practice within the meaning of Section 8 (1) of the Act.
Thereafter the respondent filed an answer dated January 15, 1942,
in which it admitted certain allegations of the complaint regarding the
nature and scope of its business, but denied the commission of unfair
labor practices.
Pursuant to notice, a hearing was called on February 2, 1942, at New
York City, before William Spencer, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. Pending the execution of a stipu-
lation proposing settlement of the case, the hearing was adjourned to
February 9, 1942, and on February 7, 1942, was indefinitely postponed,
and on February 2, 1942, the respondent, the Union, and counsel for
the Board entered into a stipulation proposing settlement of the case.
The stipulation was filed with the Board on February 10, 1942, subject
to the Board's approval of the stipulation, which provides as follows :
STIPULATION
IT IS HEREBY ' STIPULATED - AND AGREED 1 by and ' among EASTERN
WIPING MATERIAL Co., INC., located at 407 East 91st Street, New
York, hereinafter referred to as the "Respondent", by Louis H.
Solomon, Esq., by Arthur Lubell, Esq., 200 Fifth Avenue, New
York, New York, attorney for Eastern Wiping Material Co. Inc. ;
LAUNDRY WORKERS' INTERNATIONAL UNION, LOCAL #135, affiliated
with the American Federation of Labor, hereinafter referred to as
the "Union", by Angelo Barazotti, Business Agent, and MARK
LAUTER, attorney for the National Labor Relations Board, Second
Region.
1. Upon the second amended charge duly filed on November
4, 1941, by the Union, by Angelo Barazotti, Business Agent, the
National Labor Relations Board, hereinafter referred to as the
"Board", by Elinore M. Herrick, Regional Director for the Second
Region, acting pursuant to the authority granted in Section 10 (b)
of the National Labor Relations Act, 49 Stat. 449, approved July
5th, 1935, hereinafter referred to as the "Act", and acting pursuant
to its rules and regulations, Series 2. Article 4, Section 1, issued
EASTERN WIPING MATERIAL Co., INC. - 475
its complaint and notice of hearing on January 6, 1942, against
the Respondent.
2. Copies-of the second amended charge, complaint and notice
of hearing thereon and National Labor Relations Board Rules and
Regulations, Series 2 as amended, were duly served on the Re-
spondent and on the Union on November 7, 1941, said hearing
being scheduled for January 19, 1942, at 120 Wall Street, .New
York, New York. On January 15, 1942, notice of postponement
was duly served on the parties hereinabove referred to, postponing
the hearing scheduled for January 19, 1942, to January 26, 1942.
On January 16;1942, Louis H. Solomon, attorney for the Respond-
ant herein, filed an answer in the above entitled proceeding. On
January 23, 1942, notice of postponement was duly served on the
parties hereinabove referred to, postponing the hearing from
January 26, 1942, to January 29, 1942. On January 28, 1942, no-
tice of postponement was duly served on the parties hereinabove
referred to, postponing the case from January 29, 1942, to-Feb-
ruary 2, 1942.
3. Respondent herein is, and at all times hereinafter mentioned
has-been, a corporation organized and operating under the laws
of the State of New York, maintaining its office and, principal
place of business at 407 East 91st Street, in the City of New York,
State of New York, where it has been engaged in the manufacture,
processing, sale and distribution of wiping rags and related prod-
ucts. Respondent, at the aforesaid place of business has, in con-
nection with the manufacturing and processing of wiping rags and
related products, used as its principal material soiled wiping rags.
Respondent, at the aforesaid place of business has, during the cal-
endar year 1941, sold at the aforesaid place of business and shipped
from there to points outside of the state, a gross volume of prod-
ucts manufactured- and processed at the aforesaid place of busi-
ness, in excess of $75,000.00 and constituting in excess of 80%
of the total volume of Respondent's sales at the aforesaid place of
business for the said period.
4. Respondent is engaged in interstate commerce within the
meaning of the Act.
5. Respondent is and was at all times mentioned in the above
referred to complaint, and at all times herein mentioned, an
employer within the meaning of Section 2, subdivision (2) of
the Act. -
6. Laundry Workers' International Union, Local #135, affili-
ated with the American Federation of Labor, is a labor organiza-
tion within the meaning of Section 2, subdivision (5) of the Act.
7. This stipulation, together with the above mentioned second
amended charge, complaint, notice of hearing, answer, notices of
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
postponement of hearing , and copy of the National Labor Rela-
tions Board Rules and Regulations , Series 2 as amended, to-
gether with the affidavits of service of the various papers herein-
before mentioned in this paragraph , may be introduced as
evidence by filing them with the Chief Trial Examiner of the
National Labor Relations Board at Washington , D. C., or before
a Trial Examiner designated by the Chief Trial Examiner.
8. The taking of testimony or the submission of further evi-
dence before a Trial Examiner in this matter , the making of
findings of fact, and conclusions by the Board, pursuant to the
provisions of the National Labor Relations Act, are hereby ex-
pressly waived by the parties herein, and the Board 's Order, as
herein provided , shall have the same force and effect as if made
after a full hearing, presentation of evidence , and the making of
findings thereon.
9. This entire stipulation is subject to the approval of the
National Labor Relations Board and an Order of the National
Labor Relations Board approving this stipulation , if issued, shall
become part of the record in the above entitled matter. If this
stipulation shall not be approved by the National Labor Relations
Board, the stipulation and all of its parts shall be null and void.
10. It is further stipulated and agreed that upon the aforesaid
second amended charge, complaint , notice of hearing, ' answer,
notices of postponement , and a copy of the National Labor Rela-
tions Board Rules and Regulations , Series 2, as amended, together
with the affidavits of service of-the various papers mentioned in
this paragraph , and upon this stipulation , if approved by the
National Labor Relations Board, an Order substantially in the
form set forth hereinafter may forthwith be made by the said
Board, and upon application by the Board without further notice
to the Respondent , the United States Circuit Court of Appeals for
the Second Circuit, or any other appropriate court, as provided
for in Section 10 (c)1 of the Act, may enter a decree embodying
substantially said Order of the Board, and that the Respondent
expressly waives its right to contest the entry of such decree; the
Order referred to above shall provide that Respondent and 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 the Laundry Workers' International Union,
Local #135, A . F. of L . or any other labor organization , to bar-
1 The designation of "10 (c)" is erroneous The correct designation is "10 (e)."
EASTERN WIPING MATERIAL CO., INC. 477
gain 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 under
Section 7 of the National Labor Relations Act;
(b) Refusing to bargain collectively with the Laundry Work-
ers' International Union, Local #135, A. F. of L., through its
designated agents as the exclusive representative of all produc-
tion and maintenance employees excluding foremen with power
to hire or discharge, and clerical employees of Eastern Wiping
Material Co., Inc., employed at its place of business located at
407 East 91st Street, New York, New York, in respect to rates
of pay, wages, hours of employment and other conditions of
employment.
(2) Take the following affirmative action to effectuate the
policies of the National Labor Relations Act :
(a) Upon request, bargain collectively with Laundry Workers'
International Union, Local #135, A. F. of L., through its des-
ignated agents as the exclusive representative of all production
and maintenance employees, excluding foremen with power to
hire or discharge, and clerical employees of Eastern Wiping Ma-
terial Co., Inc., employed at its place of business located at 407
East•91st Street, New York, New York, in respect to rates of
pay, wages, hours of employment and other conditions of employ-
ment, and in the event that an agreement is reached, execute a
written contract with Laundry Workers' International Union,
Local #135, A. F. of L., embodying the terms of such agreement
if requested to do so;
(b) Post immediately in conspicuous places at the place of
business of the Eastern Wiping Material Co., Inc., at 407 East
91st Street, New York, New York, and maintain for a period
of at least sixty (60) consecutive days notices to its employees
stating :
(1) That the-Board has issued this Order;
(2) That the Respondent shall comply therewith;
(3) That the Eastern Wiping Material Co. Inc. will, upon
request, bargain with the Laundry Workers' International Union,
Local x$135, A. F. of L. through its designated agents as the
exclusive representative of all production and maintenance
employees.
(c) File with the Regional Director for the Second Region of
the National Labor Relations Board within ten (10) days after
service of this Order by the Board on the Eastern Wiping Ma-
terial Co. Inc., a Report setting forth in detail the manner and
form in which the Eastern Wiping Material Co. Inc., has com-
plied with the terms of this Order.
478 DECISIONS OF NATIONAL LABOR, RELATIONS -BOARD
11. It is further stipulated and, agreed that the entire agree-
ment among the parties is contained within the terms of this
- stipulation, and there is no verbal agreement of any kind which
varies, alters Or adds to said stipulation in any respect.
On March 26, 1942, the Board issued an order approving the above
stipulation, making it a part of the record, and pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the case to and continuing
it before'the Board for the purpose, of entry of a, decision and order
by the Board pursuant -to the provisions of the said 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
The respondent, Eastern Wiping Material Company, Inc., is a cor-
poration organized and operating under the laws of the State of New
York, maintaining its office and its principal place of business at 407
East 91st Street, in the city of New York, State of New York. It is
and has been engaged in the manufacture, processing, sale, and dis-
tribution of wiping rags and related products. The respondent, at
the aforesaid place of business, has in connection with the manufac-
turing and processing of wiping rags and related products used as its
principal material soiled wiping rags. During the calendar year 1941
the respondent sold and shipped from its place of business to points
outside the State of New York a gross volume of products manufac-
tured and processed at its place of business, in excess of $75,000 and
constituting in excess of 80 percent of the total volume of the re-
spondent's sales at the aforesaid place of business for the said period.
For the purpose of this- proceeding the respondent stipulated that
it is engaged in interstate commerce within the meaning of the Na-
tional Labor Relations Act.
We find that the above described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER
P
Upon,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 the respondent, Eastern Wiping Material Com-
pany, Inc., New York City, and its respective officers,, agents, succes-
sors, and assigns, shall :
1. Cease and desist from :
EASTERN WIPING MATERIAL Co., INC. 479
(a) In tiny manner interfering with, restraining or coercing its em-
ployees in the exercise of their right to self-organization, to form,
join or assist the Laundry Workers' International Union, Local #135,
A. F. of L. or any other labor organization, to bargain collectively
through,representatives of their own choosing, and. to engaged in con-
'ceited' activities for` the 'purpose- of collective bargaining or other
mutual ' aid or protection as guaranteed under Section -7 of the Na-
tional Labor Relations Act;
(b) Refusing to bargain collectively with the Laundry Workers'
International Union, Local #135, A. F. of L., through its designated
agents as` the exclusive representative of all production and mainte-
nance employees excluding foremen with power to hire or discharge,
and clerical employees of Eastern Wiping Material Co., Inc., employed
at its place of business located at 407 East 91st Street, New York; New
York, in respect to rates of pay, wages, hours of employment and other
conditions of employment.,
(2)_ Shall take the following affirmative action to effectuate the
policies of the National Labor Relations Act : , -
(a) Upon request, bargain collectively with Laundry Workers' In-
ternational Union, Local #135, A. F. of L., through its designated
agents as the exclusive representative of all production and mainte-
nance employees, excluding foremen with power to hire or discharge,
and clerical employees of Eastern Wiping Material Co., Inc., employed
at its place of business located at 407 East 91st Street, New York, New
York, in respect to rates of pay, wages, hours of employment and other'
conditions of employment, and in the event that an agreement is
reached, execute a written contract with Laundry Workers' Interna-
tional Union, Local #135, A. F. of L., embodying the terms of such
agreement if requested to do so;
(b) Post immediately in conspicuous places at the place of business
of the Eastern Wiping Material Co., Inc., at 407 East 91st Street, New
York, New York, and maintain for a period of at least sixty. (60) con-
secutive days notices to its employees stating :
(1) That the Board has issued this Order;
(2) That the Respondent shall comply therewith;
(3) That the Eastern Wiping Material Co., Inc., will, upon request,
bargain with the Laundry Workers' International Union, Local #135,
A. F. of L. through its designated agents as the exclusive representative
of all production and maintenance employees;
(c) -File with the Regional Director for the Second Region of the
National Labor Relations Board within ten (10) days after service of
this Order by the Board on the Eastern Wiping Material Co., Inc., a
Report setting forth in detail the manner and form in which the Eastern
Wiping Material Co., Inc., has complied with the terms.of this Order.