Imperial Reed & Fibre Co.

National Labor Relations Board - Board Decisions

May 6, 1940

23 N.L.R.B. 541 (N.L.R.B. 1940)

In the Matter of SILVINO GIANNASCA, DOING BUSINESS UNDER THE TRADE
NAME AND STYLE OF IMPERIAL REED & FIBRE Co. and FuRNrruiu
UNION, LOCAL 76-B, G. I. O.
Case No. C-1,559.-Decided May 6, 1940
Furniture Manufacturing Industrv-Settlement : stipulation providing for
compliance with the Act, including disestablishment of company -dominated union,
reinstatement of strikers upon application , and recognition of union-Order:
entered on stipulation and record.
Mr. Martin I. Rose, for the Board.
Mon fried & Mon f ried, by Mr. Richard Mon f ried, of New York City,
for the respondent.
Mr. Alexander E. Racolin, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Furniture Union,
Local 76-B, 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 April 9,
1940, against Silvino Giannasca, doing business under the trade name
and style of Imperial Reed & Fibre Co., Brooklyn, New York, 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), (2), 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 notices of hearing thereon were
duly served upon the respondent, the Union, and upon Imperial Inde-
pendent Workers Union, herein called the Independent, a labor
organization alleged to have been dominated by the respondent.
Concerning the unfair labor practices the complaint alleged, in
substance, (1) that the respondent dominated and interfered with
the formation and administration of the Independent and gave it
financial and other support; (2) that the respondent, on or about
23 N. L. R. B., No. 45.
541
542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
February 16, 1940, and at all times thereafter, refused and has re-
fused to bargain collectively with the Union as the exclusive repre-
sentative of the employees of the respondent in a unit appropriate
for collective bargaining, although the Union was on or about Febru-
ary -16, 1940; and at all times thereafter has been, the duly designated
representative of'a majority of the employees in such unit; (3y that
the respondent urged, persuaded, and warned its employees to` refrain
from becoming,,or remaining,-members of the TJnion,,and threatened
said employees with loss of employment if they aided the Union and
if they did not become or remain members of the Independent; and
,(4) :.that by, these- and other' acts the respondent interfered with;
re9trained;==and coerced -its employees in the exercise' of the "rights
guaranteed in Section 7 of the Act. On April' 19, 1940, the'respond=
ent filed an answer denying the alleged unfair labor practices.
Pursuant to notice duly served upon all the parties, a hearing was
held on " April` 22 and 23, 1940, at New York City before James C.
Paradise, the Trial Examiner duly : designated by the Board. The
Board, the respondent, and the Union were represented by counsel
and participated in the hearing. Although served with notice, the
Independent did not appear at the hearing.
On April 23, 1940, during the course of the hearing, the respond-
ent, the Union, the Independent, and counsel for the Board entered
into a stipulation. The stipulation provides as follows :
STIPULATION
It is ' hereby stipulated and agreed by and between Silvino
Giannasca, -doing business under the 'trade name - and style of
Imperial Reed and Fibre Co., hereinafter called the respondent,
Furniture Union, Local 76-B, C. I. 0., hereinafter called the
Union, Imperial Independent Union and Martin I. Rose, 'at-
torney, National Relations Board, that :
1. Upon charges and amended charges filed by the Union, the
National Labor Relations Board, hereinafter called the Board,
acting pursuant to authority in Section 10 (b) of the National
Labor -Relations Act 49 Stat. 449, by the Regional Director for
the Second Region, as agent for the Board, designated by the
Board Rules and Regulations, Series 2, Article IV, Section 1
as amended, issued its Complaint on April 9, 1940, against the
respondent.
2. A copy of said Complaint and Notice of Hearing thereon
was duly served upon the respondent and the Union.
3. On April 20, 1940, the respondent herein duly filed his
answer. -
SILVINO GIANNASCA 543
4. On April' 22nd and 23rd, pursuant to the aforesaid Notice
of Hearing, a hearing was duly - had before James C. Paradise,
Trial Examiner duly designated by the Board.
5. All employees of respondent employed at his plant at 50
Central Avenue, Brooklyn, New York City, hereinafter called
the Brooklyn plant, exclusive of clerical employees, salesmen,
and supervisory foremen, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
subdivision (b) of the National Labor Relations Act, and such
unit insures to said employees of the respondent the full benefit
of their right to self-organization and to collective bargaining
and otherwise effectuates the policies of the National Labor
Relations Act.
6. On ,or about February 16, 1940, a majority of the employees
of the respondent in the appropriate unit described above in
paragraph 5, designated the Union as their representative for
the purpose of collective bargaining, and pursuant to Section 9,
subdivision (a) of the National Labor Relations Act, said Union
was on said date and at all times since that date has been and
still is the exclusive representative of all the employees in such
unit for the purposes of collective bargaining with respect to
wages, rates of pay, hours of employment, and other conditions
of employment.
7. This Stipulation and the evidence taken before James C.
Paradise, Trial Examiner, together with the exhibits introduced
before him at the hearing held before said James C. Paradise on
April 22nd, 1940, and April 23rd, 1940, shall constitute the entire
record in the above-entitled proceeding and this Stipulation shall
be made part of the record by introducing the same in evidence
before the said Trial Examiner.
8. Upon this Stipulation, if approved by the National Labor
Relations Board, and upon the record herein, an order may be
entered forthwith by said Board providing substantially as
follows :
The respondent, Silvino Giannasca, doing business under the
trade name and style of Imperial Reed and Fibre Co., his officers,
agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing
his employees in the exercise of the 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 or
544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other mutual aid or protection as guaranteed in Section 7 of the
National Labor RRelations Act;
(b) Dominating or interfering with the'adiniriistration of Im-
perial Independent Union or the formation or administration of
any other labor organization of his employees and contributing
support to any such labor organization of his employees;
(c) Refusing to bargain collectively with Furniture Union,
Local 76-B as the exclusive representative of all his employees,
exclusive of clerical employees, salesmen, and supervisory fore-
men, employed at respondent's plant in Brooklyn, New York City;
(d) Recognizing Imperial Independent Union as the repre-
sentative of any of his employees for the purpose of dealing with
the respondent concerning grievances, la"bor'dispiites;'*age8; rates
of pay, hours of employment or other conditions of employment.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from Imperial Independent
Union as the representative of any of its employees concerning
grievances, wages, rates of pay, hours of employment or other
conditions of employment; and completely disestablish Imperial
Independent Union as such representative;
(b) Upon request, bargain collectively with Furniture Union,
Local 76-B, as the exclusive representative of all employees, ex-
clusive of clerical employees, salesmen, and supervisory foremen,
at his pl;uit at Brooklyn, _New York City,, with respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment; and if an understanding is reached on such matters,
embody said understanding in a written, signed contract;
(c) Upon application offer to those employees who went on
strike on February 20, 1940 and thereafter, immediate and full
reinstatement to their former or substantially equivalent posi-
tions without prejudice to their seniority and other rights and
privileges in the following manner : All persons hired after Feb-
ruary 19, 1940, shall be dismissed if necessary to provide employ-
ment for those to be offered reinstatement upon application. If
thereupon by reason of a reduction in the force of employees
needed, there is not sufficient employment immediately available
for the remaining persons who went on strike on February 20,
1940, and shall have since applied for employment, all available
positions shall be distributed among such remaining employees
on the basis of seniority without discrimination against any em-
ployee because of his union affiliation or activities. Those
employees remaining after such distribution, for whom no
employment is immediately available, shall be placed upon a
SILVINO GIANNASCA 545
preferential list prepared in accordance with the principle set
forth in the preceding sentence and shall thereafter in accordance
with such list be offered employment in their former or sub-
stantially equivalent positions as such employment becomes
available and before other persons are hired for such work;
(d) Post immediately in conspicuous places at its plant in
Brooklyn, New York City, and maintain for a period of at least
sixty (60) days from date of posting, notices to his employees
stating : (1) that the respondent will, not engage in the conduct
from which it is ordered to cease and desist in paragraphs 1 (a),
(b), (c), and (d) of this order; and (2) that the respondent will
take the affirmative action set'forth in paragraphs 2 (a), (b), and
(c) of this order;
(e) Notify the Regional Director for the Second Region, within
a period of ten (10) days after the entry of this order, what steps
have been taken to comply herewith.
9. IT IS FURTHER STIPULATED AND AGREED by and between the
parties hereto that upon application of the Board, the appropriate
Circuit Court of Appeals of the United States may enter a decree
in appropriate form, embodying substantially the terms of the
Board's order above set forth and enforcing the said order of
the Board. All parties hereto waive their right to contest the
entry of any such decree and their right to receive notice of the
filing of an application for the entry of such decree.
10. The taking of any further testimony or evidence in this
proceeding and the issuance of intermediate report by the Trial
Examiner and the making of findings of fact and conclusions by
the Board pursuant to the provisions of the National Labor Rela-
tions Act, are hereby expressly waived by the respondent and
by the Union and by the Imperial Independent Union.
11. This entire Stipulation is subject to the approval of the
National Labor Relations Board.
12. This Stipulation contains the entire agreement of the parties
and there is no verbal agreement of any kind which varies, alters,
or adds to this Stipulation.
On May 1, 1940, 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 the Board for
the purpose of entry of a decision and order pursuant to provisions of
the stipulation.
On the basis of the above stipulation and the entire record in the
case, the Board makes the following :
546 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
The respondent is an individual doing business under the trade
name and style of Imperial Reed & Fibre Co. The respondent oper-
ates a plant at Brooklyn, New York, where he is engaged in the
manufacture, sale, and distribution of reed, rattan, and maple furni-
ture. During 1939 the respondent purchased raw materials valued at
$75,000, of which 50 per cent were shipped to him from points outside
the State of New York. During the same period the respondent sold
finished products valued at approximately $200,000, of which 50 per
cent were shipped to points outside the State of New York. The re-
spondent admits, for the purpose of this proceeding, that he is engaged
in commerce within the meaning of Section 2 (6) and (7) of the Act.
We find that the above-described operations constitute a contin-
uous flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact and 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 Silvino Giannasca, doing business under the trade
name and style of Imperial Reed & Fibre Co., his officers, agents,
successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing his
employees in the exercise of the 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 purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Dominating or interfering with the administration of Imperial
Independent Union or the formation or administration of any other
labor organization of his employees and contributing support to any
such labor organization of his employees;
(c) Refusing to bargain collectively with Furniture Union, Local
76-B,-as -the exclusive representative of all his employees, exclusive
of clerical employees, salesmen, and supervisory foremen, employed
at the respondent's plant at Brooklyn, New York City ;
(d) Recognizing Imperial Independent Union as the representa-
tive of any of his employees for the purpose of dealing with the
respondent concerning grievances, labor disputes, wages, rates of
pay, hours of employment or other conditions of employment.
SILVINO GIANNASCA 547
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from Imperial Independent Union
as the representative of any of its employees concerning grievances,
wages; rates of pay; -hours of_ employment,- or-- other conditions of
employment,-and completely disestablish, Imperial Independent Union
as such representative;
(b) Upon request bargain 'collectively with Furniture Union, Lo-
cal 76-B,- as exclusive representative of all employees, exclusive of
clerical employees, salesmen, and supervisory foremen, at his plant at
Brooklyn, New York City, with respect to rates of pay, wages, hours
of employment, and other conditions of employment; and if an un
derstanding is reached on such matters, embody said understanding,
in a: -written, signed contract;
(c) Upon application offer to those employees who went on,strike
on February 20, 1940, -and thereafter, immediate and full reinstate-
ment to their former or substantially equivalent positions without
prejudice to their seniority and other rights and privileges in the
following-manner: All persons hired after February 19, 1940,.shall
be dismissed, if necessary, to provide employment for those to be
offered reinstatement upon application. If thereupon by reason of a
reduction in the force of employees needed, there is not sufficient em-
ployment immediately available for the remaining persons who went
on- strike on February 20, 1940, and shall have since applied for
employment, all available positions shall be distributed among such
remaining employees on the basis of seniority without discrimination
against any employee because of his union affiliation or activities.
Those employees remaining after such distribution, for whom no em-
ployment is immediately available, shall be placed upon a preferential
list prepared in accordance with the principle set forth in the pre-
ceding sentence and shall thereafter, "in accordance with such list, be
offered employment to their former or substantially equivalent posi-
tions as such employment becomes available and before other persons
are hired' for such work ;
„=(d) Post immediately in conspicuous places at its plant in Brook-
lyn, New York-City; and maintain for aperiod of at least sixty (60)
days from the date of posting, notices to his employees stating: (1)
that the respondent will not engage in the conduct from which it is
ordered to cease and desist in paragraphs 1 (a), (b), (c), and (d) of
this Order; and (2) that the respondent will take the affirmative ac-
tion set forth in paragraphs 2 (a), (b), and (c) of this Order;
(e) Notify the Regional, Director for the, Second Region, within
a,period of ten' (10) days after the entry of this Order, what steps
have been taken to comply herewith.