General Display Case Co., Inc.

National Labor Relations Board - Board Decisions

Jul 6, 1942

42 N.L.R.B. 58 (N.L.R.B. 1942)

In the Matter of GENERAL DISPLAY CASE CO , INC. a'nd FuRNITuRE
UNION LOCAL 76-B, C I 0
Case No. C-0236 -Decided July 6, 191
Jurisdiction : display case manufacturing industry
Settlement : stipulation pros iding for compliance with the Act
Remedial Orders : entered on stipulation
Mr. Richard J Hickey, for the Board
Mr. Max H. Zuckerman, of New York City, for the Company
Mr Max Perlow, of New York City, for the Union
Miss Melvern R IKrelow, of counsel to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Fuiiutuie Union Local 76-B, 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 May 18, 1942, against
General Display Case Co., 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) 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, accompanied by a notice of hearing, were
duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent (1) discouraged membership in the
Union by discharging Gaetano Oliva on or about August 7, 1941,
and thereafter refused to reinstate him because he joined and assisted
the Union or engaged in other concerted activities for the purposes
of collective bargaining or other mutual aid or protection; (2) on
and after August 6, 1941, vilified, disparaged, and expressed disap-
proval of the Union ; and urged, persuaded, threatened, and warned
its employees to refrain from assisting, becoming members of, or
remaining members of,-the Union; and (3) by the foregoing acts,
- 42 N L R B, No 16
58
GENERAL DISPLAY CASE CO, INC 59 ,
interfered with, iestiarned, and coerced its employees in the exeicise
of the rights guaranteed in Section 7 of the Act
On or about June 18, 1942, the respondent filed its answer to the
complaint which denied that the respondent had engaged in the
alleged unfair labor: practices
Prior to a hearing,'- the respondent; the Union, and counsel for the
Board entered into a stipulation dated June 17, 1942, subject to the
approval of the Board, in settlement of the case This stipulation
provides as follows •
STIPULATION
Charges having been filed by Furniture Union Local 76-B,
C I 0., hereinafter called the "Union," with the Regional Di-
rector of the National Labor Relations Board, hereinafter called
the "Board," for the Second Region, New York City, alleging
that General Display Case Co., Inc, hereinafter called the "Re-
spondent," had engaged in unfair labor practices within the
meaning of Section 8, subdivisions (1) and (3) of the National
Labor Relations Act, hereinafter called the "Act", the Board,
by its Regional Director for the Second Region, New York City,
thereafter having duly issued and served a complaint and notice
of hearing upon all parties, an answer denying the aforesaid
charges having been filed; and it being the desire of the parties
to adjust, settle and dispose of all the issues outstanding in this
pioceeding :
IT IS HEREBY STIPULATED AND AGREED by and be-
tween the Respondent, the Union, and Richard J Hickey, attor-
ney for the National Labor Relations Board, of the Second
Region
I The Respondent is and has been since 1924 a corporation
duly organized and existing under and by virtue of the laws of
the State of New York, having its principal office and place of
business at 57-63 Greene Street, in the City, County and State
of New York, and is engaged in the manufacture, sale and distri-
bution of wood and metal display cases and related pioducts
II. The principal raw materials used by the Respondent in the
manufacture of its principal products are sheet metal, sheet, tin
plate, lumber, glass, cardboard and miscellaneous hardware
During the year 1941, approximately $85,000 was expended in
the purchase-of such raw materials Approximately 10 percent
1 The hearing had originally been scheduled for June 15, 1942 On June 2, 1942; the
Regional Director postponed the hearing until Tune 22, 1942, and on June 19, 1942,
postponed the hearing indefinitely
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of said raw materials were purchased and shipped from places
outside of the State of New York to Respondent's New York
plant, principally from Pennsylvania During the year 1941,
Respondent's sales amounted to approximately $200,000, of which
approximately 331/3 percent w ere sold and shipped by Respondent
to places outside of the State of New York, principally to Eastern
States
III Respondent is engaged in interstate commerce within the
meaning of Section 2, subdivisions (6) and (7) of the Act.
IV The Union-is a labor organization within the meaning of
Section 2, subdivision (5) of the Act
V. Respondent and the Union waive any and all eights to any
heating in this proceeding by or before the Board and waive their
tights to the making of findings of fact and conclusions of law
by the Board, except as hereinafter set forth.
VI The parties hereto heieby agree to the issuance by the
Board, without notice or pioceedings, of an Order substantially
in the following foim, which Order shall have the same force
and effect as if made after full hearing and the making of find-
ings of fact and conclusions of law
ORDER
Respondent, its officeis, agents, successors and assigns, shall-
1 Cease and desist from
(a) In any manner interfering with, restraining or coeicing
its employees in the exercise of their rights to self-organization,
to foim, join, or assist a labor organization, to bargain collec-
tively through representatives of their own choosing, and to _
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection and guaianteed by
Section 7 of the National Labor Relations Act,
(b) Discouraging membership in Furniture Union Local 76-B,
C I O , or in any other labor organization of its employees,
by discriminating in iegaid to their hire and tenure of employ-
ment, or any term or condition of their employment
2 Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act
(a) Make whole Gaetano Oliva for any loss of pay he may
have suffered by reason of the Respondent's disciinnnation in
iegaid to his hire and tenure of employment, by payment to
him of the sum of One hundred and twenty ($120 00) Dollars;
- (b) Immediately post notices in conspicuous places through-
out its New York plant, and maintain such notices for a period
of sixty (60) days consecutively from the date of posting, stat-
GENERAL DISPLAY CASE CO , INC 61
ing (1) that the Respondent will not engage in the conduct
from which it is ordered that it cease and desist, in paragraphs
1 (a) and (b) of this Order; and (2) that the Respondent will
take the affirmative action set forth in paragraph 2 (a) of this
Order; and
(c) Notify the Regional Director for the Second Region, in
writing, within twenty (20) days of the date of this Order, what
steps the Respondent has taken to comply therewith
VII. It is further stipulated and agreed that the Respondent
and the Union consent to the entry by the proper Circuit Court
of Appeals of a Decree enforcing the Board's Order substantially
in the form hereinabove set forth It is further agreed that the
Respondent and the Union hereby waive notice of the applica-
tion by the National Labor Relations Board to the said Circuit
Court of Appeals for said aforementioned Decree, and waive
all rights to contest the entiy of said Decree
VIII The entire agreement between the parties is contained
within the terms of this instrument, and there is no veibal
agreement of any kind which varies, alters, or adds to this
stipulation
IX This stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon such approval, and shall be null and void and shall not
be used for any purpose upon the denial by the Boaid of such
approval
X The fiist amended charge, the complaint, notice of hearing,
the answer of the Respondent to said complaint, and this stipula-
tion, shall be filed with the office of the Chief Trial Examiner
in Washington, D C, and when so filed and approved by the
Board, shall constitute the entire iecoid in this proceeding
On June 25, 1942, the Board issued its order approving the above
stipulation, making it a part of, the record in the case and pursuant
to -Aiticle II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the proceeding
to the Board for the purpose of entering a Decision and Order pui-
suant 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
General Display Case Co, Inc, a New York corporation, having
its principal office and place of business in New Yoik City, is en-
gaged in the manufacture, sale, and distribution of hood and metal
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
display cases and related products During 1941, the respondent
puichased raw materials valued at approximately $85,000, of which
approximately 10 per cent was shipped from points outside the
State of New Yoik During the same period , the respondent 's sales
amounted to appioxumate1 $200,000, of which appioximately 331/a
per cent was shipped to points outside the State of New York. The
iespondent admits that it is engaged in commeice within the meaning
of the Act.
We find that the abov e-described operations constitute a continuous
flow of trade , traffic. and commerce among the several States
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire recoid in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that General Display Case Co. Inc, New York City,
its officers , agents , successor s, and assigns. shall
1 Cease and desist from ,
(a) In any manner interfering with, iestiaining, of coercing its
employees in the exercise of there iights to self -organization, to
form, loin, or assist a labor organization , 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 of piotection as guaranteed by Section 7 of the National
Labor Relations Act;
(b) Discouraging membership in Fuiinituie Union Local 76-B,
C I O , or in any other labor organization of its employees, by
discriminating in regard to their hue and tenure of einployinent, or
any term or condition of then employment.
2 Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act
(a) Make whole Gaetano Oliva for any loss of pay he may hiav e
suffered by ieason of the Respondent 's discrimination in regard to
his hire and tenure of employment , by payment to him of the sum
of One hundred and twenty ($120 00 ) Dollars,
- (b) Immediately post notices in conspicuous places throughout its
New York plant, and maintain such notices for a period of sixty (60)
days consecutively from the date of posting. stating ( 1) that the
respondent will not engage in the conduct from which it is ordered
that it cease and desist, in paragraphs 1 (a) and (b) of this Order,
and (2 ) that the respondent will take the aff Lniative action set
forth in paragraph 2 (a) of this Order, and
(c) Notify the Regional Director for the Second Region, in witt-
ing, within twenty (20) days of the date of this Ordei, what steps
the respondent has taken to comply therewith