Hesslein-Samstag, Inc.

National Labor Relations Board - Board Decisions

Jun 3, 1942

41 N.L.R.B. 628 (N.L.R.B. 1942)

In the Matter of HESSLEIN-SAMSTAG, INC. and INTERNATIONAL LADIES'
HANDBAG, POCKETBOOK & NOVELTY WORKERS UNION, A. F. OF L.
Case No. C-2196.-Decided June 3) 1942
Jurisdiction : handbag manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Bertram Diamond, for the Board.
Mr. Lazaar Henkin, of New York City, for the respondent.
Mr. Max H. Frankle, of New York City, for the International.
Mr. Harry H. Kuskin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Ladies' Handbag, Pocketbook & Novelty Workers Union, affiliated
with the American Federation of Labor, herein called the Interna-
tional, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Second Region (New York City),
issued its complaint dated March 26, 1942, against Hesslein-Samstag,
Inc., New York City, 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), (2),
and (3) 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, the International,
and Mutual Welfare Association of Pocketbook Workers of Spring
Valley, New York, alleged'in the complaint to be company-dominated
and herein called the Association.
With respect to the unfair labor practices, the complaint alleged,
in substance: (1) that the respondent discriminated in regard to
the hire and tenure of employment of Loretta Damianos on or about
February 12, 1941, and of 38 named employees on or about March 10,
1941, by discharging them and refusing to reinstate them to their
41 N. L. R. B., No. 125.
628
HESSLEIN-SAMSTAG, INC. 629
former or substantially equivalent positions, because of their union
membership or activities or because of their refusal to join or assist
the Association; (2) that on or about March 10, 1941, the respondent
initiated, formed, and sponsored the Association, and thereafter
assisted, dominated, and interfered with its administration, and con-
tributed to its support; (3) that since about January 1, 1941, the
respondent has vilified, disparaged, and expressed disapproval of the
International; has interrogated employees concerning their union
affiliation; has urged, persuaded, threatened, and warned employees
to refrain from assisting, becoming or remaining members of the
International; has subjected employees who joined or assisted or re-
fused to repudiate the International to harsh treatment, severe rep-
rimand, and more arduous or less agreeable work; and has urged,
persuaded, threatened, and warned employees to assist, become and
remain members of the Association; and (4) that the respondent has,
by the foregoing acts, interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of the
Act. - On April 6, 1942, the respondent filed an answer to the com-
plaint in which it denied the allegations of unfair labor practices.
Pursuant to notice, a hearing was held on April 9 and 10, 1942,
before George Bokat, the Trial Examiner duly designated by the
Chief Trial Examiner. The Board, the respondent, and the Interna-
tional were represented by counsel; all participated in the hearing.
The Association did not appear. At the hearing, the Trial Examiner
reported that the parties had adjusted their differences and that a
stipulation, in settlement of the case, was to be drawn and made part
of the record. The record was closed, subject to the receipt in evi-
dence of the stipulation. On April 22, 1942, the respondent, the Inter-
national, and counsel for the Board entered into a stipulation, subject
to the approval of the Board, in settlement of the case. On May 11,
1942, the parties entered into a supplemental stipulation providing
for certain changes in the stipulation of April 22, 1942. The stipula-
tion and supplemental stipulation provide as follows:
STIPULATION
A Third Amended Charge having been duly filed March 24,
1942 by International Ladies' Handbag, Pocketbook & Novelty
Workers Union, A. F. of L., hereinafter called the "Interna-
tional", with the Regional Director of the National Labor Rela-
tions Board, hereinafter called the "Board", for the Second
Region, New York City; the Board by its Regional Director
having duly issued its Complaint and Notice of Hearing on
March 26, 1942 against Hesslein-Samstag, Inc., hereinafter called
the "Respondent"; copies of the Third Amended Charge, Com-
630 nE'CISIIONS OF NATIONAL LABOR REILkTIONS BOARD
plaint and, Notice of Hearing having been duly served on the
Respondent, on the International and on Mutual Welfare Asso-
ciation of Pocketbook Workers of Spring Valley, New York,
hereinafter called the "Association", on March 26, 1942; Notice
of Postponement having-been duly served on April 2,.1942 on
the Respondent, the International and the Association; Respond-
ent having filed on April 6, 1942 its Answer and Notice of Motion
for Bill of Particulars; a hearing having been held on April 9,
1942 and it being the desire of all parties to this stipulation
to settle and dispose of the above entitled proceeding.
IT IS HEREBY STIPULATED AND AGREED by and between the Re-
spondent, the International and Bertram Diamond, attorney for
the Board, that : _
1. The Respondent has been since 1936,a corporation existing
under, and by virtue of, the laws. of the State of New York,
-having its principal office at 14 East 33 Street, New York City,
and its branch -office and only plant at 27 Columbus Avenue,
Spring Valley, New York. , The Respondent is engaged in the
manufacture, sale and distribution of ladies' handbags and re-
lated products.
2. The Respondent, in the- course and conduct of its business
for the year 1941, caused and. has since then continuously caused
approximately 10 per cent by value of the raw materials consist-
ing principally of leather, linings, metal frames and zippers
used in the manufacture of its. products to be purchased, de-
livered and transported in interstate commerce from and through
the States of the United States other than the State of New York.
During the above period, the Respondent purchased in excess of
$350,000 worth of such raw materials.
3. The Respondent, in the course and conduct of its business
for the year. 1941,, caused. and. has since then continuously. caused
approximately 80 per cent by value of the finished products
hereinbefore mentioned to be sold and distributed in interstate
commerce to points outside the State of New York. During the
above period, the Respondent sold finished products valued in
excess of $480,000. -
4. Respondent is engaged in interstate commerce within the
meaning of the National Labor Relations Act, hereinafter re-
ferred to as the "Act".
5. International Ladies' Handbag, Pocketbook & Novelty
Workers Union, A. F. of L. and Mutual Welfare Association of
Pocketbook Workers of Spring Valley, New York are each labor
organizations within the meaning of Section 2, subdivision (5)
of the Act.
HESSLEIN-SAMSTAG, INC. 631
6. It is further stipulated and agreed that upon the afore-
mentioned Third Amended Charge, Complaint, Notice of Hear-
ing, Notice of Postponement, Answer, and Notice of Motion for
Bill of Particulars, together with the affidavits of service of the
abovementioned papers, and upon this stipulation, an Order
substantially in the following form may be made by the Board,
which Order shall have the same force and effect as if made after
full hearing, presentation of evidence and the making of findings
of fact and conclusions of law:
ORDER
Respondent, its officers, agents and successors shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the
administration of Mutual Welfare Association of
Pocketbook Workers of Spring Valley, N. Y., or
with the formation or administration of any other
labor organization of its employees, and from
contributing financial or other support to Mutual
Welfare Association of Pocketbook Workers of
Spring Valley, N. Y., or to any other labor or-
ganization of its employees.
(b) Discouraging membership in the International
Ladies' Handbag, Pocketbook & Novelty Work-
ers Union, AFL, or any other labor organization,
by discrimination in regard to hire or tenure of
employment or any terms or conditions of em-
ployment.
(c) In any other manner interfering with, restraining
or coercing its employees in the exercise of their
right to self-organization, to form, join or assist
the International Ladies' Handbag, Pocketbook &
Novelty Workers Union, AFL, or any other labor
organization, to bargain collectively through
representatives of their own choosing, and to en-
gage in concerted activities for the purpose of
collective bargaining or other mutual aid or pro-
tection as guaranteed under Section 7 of the Na-
tional Labor Relations Act.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) Withhold all recognition from the Mutual Welfare
Association of Pocketbook Workers of Spring
632 DECISIONS OF NATIONAL LABOR. REIIATIONS BOARD
Valley, N. Y. as the representative of its em-
ployees for the purpose of dealing with the Re-
spondent concerning grievances, labor disputes,
rates of pay, hours of employment or other con-
ditions of employment, and completely ' disestab-
lish said MutualWelfare Association of Pocket-
book Workers of Spring Valley, N. Y. as- such
representatives.
(b) Make whole pursuant to the method set forth in
Appendix A,' attached hereto and made a part
hereof, the persons listed in Appendix B,2 at-
tached hereto and made a part hereof, for any
losses of pay they may have suffered, by, the pay-
ment to such persons of the sum of $1,200.00
(Twelve Hundred and-00/100 Dollars).
(c) Post immediately in conspicuous places throughout
its plant at Spring Valley, N. Y., and maintain
for a period of at least sixty (60) consecutive
days, notices to its employees in the form set
forth in Appendix C,3 attached hereto and made
a part hereof, stating : That the Respondent will
not engage in the conduct from which it is or-
dered to refrain in paragraph 1 (a), (b), and (c)
of this order, and will take the affirmative action
hereinabove set forth in paragraph 2 (a) and (b).
(d) File with the Regional Director for the Second
Region, within ten days after service of this or-
der'by the Board upon the Respondent, a report
setting forth in detail the manner and form in
which the Respondent has complied with the
terms of this order.
7. It is further stipulated and agreed that upon application
by the Board, the United States Circuit Court of Appeals for
the Second Circuit, or any other appropriate court, may enter
a decree enforcing the order of the Board in substantially the
form set out above, and that the Respondent expressly waives
its right to contest the entry of such decree.
8. The abovementioned Third Amended Charge, Complaint,
Notice of Hearing, Notice of -Postponement' of Hearing, Answer,
and Notice of Motion for Bill of Particulars, together with the
Appendix A follows at end of Board Decision.
2 Appendix B follows at end of Board Decision
"Appendix C follows at end of Board Decision
HE SSLEIN-SAMSTAG, INC. 633
affidavits of service of the preceding papers and this stipula-
tion, may be filed with the Chief Trial Examiner in Washington,
D. C. and when so filed shall constitute the record in this case.
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.
.10. The entire agreement 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.
11. Nothing in this stipulation shall be construed as an ad-
mission by the Respondent of the truth of any of the allegations
in the Complaint herein.
SUPPLEMENTAL STIPULATION
A Stipulation having been signed on April 22, 1942 by Hess-
lein-Samstag, Inc., hereinafter called the "Respondent", Inter-
national Ladies' Handbag, Pocketbook & Novelty Workers
Union, A. F. of L., hereinafter called the "International", and
Bertram Diamond, attorney for the National Labor Relations
Board, Second Region, hereinafter called the "Board", and it
being the desire of all the above-named parties to amend the
original Stipulation of April 22, 1942,
IT IS HEREBY STIPULATED AND AGREED by and between the Re-
spondent, the International and the attorney for the Board, that :
1. Paragraph 6 of the Stipulation of April 22, 1942 is hereby
amended to read as follows :
6. It is further stipulated and agreed that upon the afore-
mentioned Third Amended Charge, Complaint, Notice of
Hearing, Notice of Postponement, Answer, and Notice of
Motion for Bill of Particulars, together with the affidavits of
,service of the above-mentioned papers, upon the transcript
of the proceeding in case No. II-C-3408 held April 9 and
10, 1942 before Trial Examiner George Bokat, and upon this
Stipulation, an Order substantially in the following form
may be made by the Board, which Order shall, have the
same force and effect as if made after full hearing, presen-
tation of evidence and the making of findings of act (sic)
and conclusions of law :
'634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Paragraph 8 of the Stipulation of April 22, 1942 is hereby
amended to read as follows :
8. The above-mentioned Third Amended Charge, Com-
plaint, Notice of Hearing, Notice of Postponement of Hear-
ing, Answer, and Notice of Motion for Bill of Particulars,
together' with the affidavits of ' service of the*' preceding
papers, the transcript of the proceeding in case No. II-C-
3408 held April 9 and 10, 1942 before Trial Examiner George
Bokat, and this Stipulation, may be filed with the Chief
Trial Examiner in Washington, D. C. and when so filed shall
constitute the record in this case.
3- It is further stipulated and agreed that the Olga Pelko
named in Appendix B of the Stipulation of April 22, 1942 is
the same person as the Olga Parke named in Schedule A of the
Complaint issued in case No. II-C-3408.
On May 21, 1942, the Board issued its order approving the stipula-
tion and, supplemental stipulation, making `them apart of the record
herein, and, pursuant to Article IT, Section 36, of National Labor
Relations Board Rules and Regulations-Series•2, as amended, trans-
ferring the proceeding to the, Board for the, purpose of entry of a
decision and order pursuant to the provisions of the stipulations.
Upon the basis of the above stipulations and the entire record in
the case, the Board makes the following :
'FINDINGS OF FACT
I. TIIE BUSINESS OF THE RESPONDENT
Hesslein-Samstag, Inc., is a New York corporation, with its prin-
cipal office in New York City and its branch office and only plant
in `Spring Valley, New York. The respondent is engaged in the
manufacture, sale, and distribution of ladies' handbags and related
products. During the calendar year 1941, approximately $35,000
worth, or 10 percent, of the leather, linings, metal frames, and zippers,
used by ,the respondent in its manufacturing operations, was pur-
chased outside the State of New York. During the same period
approximately' $384,000 worth, or 80 percent, of• its finished' products
was shipped outside the State of New-York. The respondent con-
cedes that it is engaged in commerce, 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.
HESSLEIN-SAMSTAG, INC.
ORDER
635
Upon the basis of the above findings of fact, stipulation, supple-
mental 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 Hesslein-Samstag, Inc.,
New York City, its officers, agents, and successors shall:
1. Cease and desist from :
(a) In any manner dominating or interfering with the adminis-
tration of Mutual Welfare Association of Pocketbook Workers of
Spring Valley, N. Y., or with the formation or administration of any
other labor organization of its employees, and from contributing
financial or other support to Mutual Welfare Association of Pocket-
book Workers of Spring Valley, N. Y., or to any other labor organi-
zation of its employees.
(b) Discouraging membership in the International Ladies' Hand-
bag, Pocketbook & Novelty Workers Union, AFL, or any other labor
organization, by discrimination in regard to hire or tenure of em-
ployment or any terms or conditions of employment.
(c) In any other manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization, to
form, join or assist the International Ladies' Handbag, Pocketbook
& Novelty Workers Union, AFL, or any other 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 or protection as guaranteed under
Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Withhold all recognition from the Mutual Welfare Associa-
tion of Pocketbook Workers of Spring Valley, N. Y., as the represent-
ative of its employees for the purpose of dealing with the Respondent
concerning grievances, labor disputes, rates of pay, hours of employ-
ment or other conditions of employment, and completely disestablish
said Mutual Welfare Association of Pocketbook Workers of Spring
Valley, N. Y. as such representative.
(b) Make whole pursuant to the method set forth in Appendix
A, attached hereto and made a part hereof, the persons listed in
Appendix B, attached hereto and made a part hereof, for any losses
of pay they may have suffered, by the payment to such persons of the
sum of $1,200.00 (Twelve Hundred and 00/000 Dollars).
(c) Post immediately in conspicuous places throughout its plant at
Spring Valley, N. Y., and maintain for a period of at least sixty
(60) consecutive days, notices to its employes in the form set forth
636 DECISIONS OF - NATIONAL LABOR RELATIONS BOARD
in Appendix C, attached hereto and made a part hereof, stating :
That the Respondent will not engage in the conduct from which it is
ordered to refrain in paragraph 1 (a),,(b) and (c) of this order, and
will take the affirmative action hereinabove set forth in paragraph
2 (a) and (b).
(d) File with the Regional Director for the Second Region within
ten days after service of this order by the Board upon the Respondent,
a report setting forth in detail the manner and form in which the
Respondent has complied with the terms of this order.
APPENDIX A
PROCEDURE FOR PAYMENT OF BACK PAY CLAIMS
Within two weeks after the date of approval of this stipulation
by the Board, and notice to Respondent of such approval, the Re-
- spondent shall - pay the -sum of Twelve Hundred and 00,1100 Dollars
($1,200.00) to the Regional Director for the Second Region, National
Labor Relations Board, 120 Wall Street, New York, N. Y. The afore-
mentioned sum shall be apportioned equally among all of the persons
whose'names appear in Appendix B herein.
APPENDIX 'B
1. Julius Ackerman
2. William Auslander
3. Mary Balicka
4. Dorothy Berman
5. Leo Broat
6. Celestine Brugger
7. Mary Crombie '
8. Loretta Damianos
9. Frances De George
10. Abe Dodkewitz
11. Philip Fasano
12. John Fox
13. Bruno Frustaci
14: Anna Greiner
15. Sam Hoffman
16. Mary Ilkow
17. Abyna Kiernan
18. Ann Kopack
19. Ann Kozoh
20. Lenon Kozoh
21. Helen Kurtz
22. Dorothy Lewis
23. Floyd Lewis
24. Martin Marron
25. Evelyn Mendelsohn
26. Esther Moskowitz
27. Max Moskowitz
28. Olga Pelko
29. Sam Portnoy
30. Margaret Rossi
31. Marie Rossi
32. Elsie Snow
33. Joseph Sorace
34. John Stokes
35. Jane Stramello
36. Mary Terry
37. Eugene P. Turner
38. Max Weisenfeld
39. Reba J. White
HESSLEIN-SAMSTAG, INC. 637
APPENDIX C
NOTICE TO ALL EMPLOYEES
HESSLEIN-SAMSTAG, INC. -
27 COLUMBUS AVENUE, SPRING VALLEY, NEW YORK
HESSLEIN-SAMSTAG, INC., recognizing the right 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 bar-
gaining or other mutual aid or protection, as guaranteed in Section 7
of the National Labor Relations Act, states that it and its officers and
agents :
1. Will not in any manner interfere with, restrain or coerce its
employees in the exercise of the above rights.
2. Will not in any manner dominate or interfere with the admin-
istration of Mutual Welfare Association of Pocketbook Workers of
Spring Valley, N. Y., or with the formation or administration of any
other labor.organization of its employees, and will not contribute
financial or other support to the Mutual Welfare Association of
Pocketbook Workers of Spring Valley, N. Y., or to any other labor
organization of its employees.
3. Will not discourage membership in International Ladies' Hand-
bag, Pocketbook & Novelty Workers Union, A. F. of L. or any other
labor organization by discharging or threatening to discharge any
of its employees for joining or assisting the said union or any other
labor organization.
4. Will not in any other manner discriminate against any of its
employees in regard to hire or tenure of employment or any term or
condition of employment for joining or assisting the said union or
any other labor organization. -
5. Will withhold all recognition from the Mutual Welfare Asso-
ciation of Pocketbook Workers of Spring Valley, N. Y., as the repre-
sentative of any of its employees for the purpose of dealing with
this company concerning grievances, labor disputes, rates of pay,
wages, hours of employment or other conditions of employment, and
will completely disestablish said organization as such representative.
6. Will pay to the National Labor Relations Board the sum of
Twelve Hundred and 00/100 Dollars ($1,200.00) to be distributed by
it among the persons claimed in the Board's complaint to have
been discriminated against.
- Dated April'22nd, 1942.
HESSLEIN -SAMSTAG, INC.,
By /s/ N. K. HESSLEIN, Pres.