J. Klotz & Co.

National Labor Relations Board - Board Decisions

Jan 16, 1941

29 N.L.R.B. 14 (N.L.R.B. 1941)

In the Matter of JACOB H. KLOTZ AND RUTH KLOTZ, DOING BUSINESS
UNDER THE NAME AND STYLE OF J. KLOTZ & COMPANY and JOINT
BOARD OF SUITCASE, BAG & PORTFOLIO MAKERS' UNION, A. F. OF L.
Case No. C-829
ORDER VACATING ORDER
AND
SUBSTITUTING MODIFIED ORDER
January 16, 1941
On July 20 , 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in the above-entitled
pr6ceeding . 1 On December 24, 1940, Jacob H. Klotz and Ruth Klotz,
doing business under the name and style of J. Klotz & Company,
Pawling 'Leather Goods Manufacturing Corporation , Joint Board of
Suitcase , Bag & Portfolio Makers' Union , A. F. of L., and a repre-
sentative of the Board , entered into the following stipulation :
The National Labor Relations Board (hereinafter called the
Board ), on July 20 , 1939, having issued its Order in the above-
entitled matter, and it being the desire of the parties hereto to
dispose of the matters involved by mutual agreement and the
parties hereto having this day entered into a Consent Decree
disposing of the matters arising under the said Order of the
Board,
IT IS HEREBY STIPULATED AND AGREED by and between the parties
hereto, that :
(1) Pawling Leather Goods Manufacturing Corporation (here-
inafter called the Corporation ) is a Corporation which was
organized on November 1, 1938, and which exists by virtue of
the Laws of the State of New York, and is engaged in the manu-
facture and sale of school bags, bathing bags, zipper bags, and
articles of a, similar nature. On or about November 1, 1938,
Jacob H. Klotz and Ruth Klotz, doing business under the name
and style of J. Klotz & Company (hereinafter called the Com-
pany ) sold to the Corporation all the equipment contained in
the manufacturing plant formerly operated by the Company at
113 N. L. R. B. 746.
29 N. L. R. B., No. 3.
14
JACOB H. KLOTZ 15
Pawling, New York , and said Company assigned to said Corpo-
ration the lease covering said premises . At the same time, the
Company entered into an agreement with said Corporation pur-
suant to the terms of which said Corporation agreed to, and did
and does now, manufacture goods and articles for said Company
according to specifications and requirements furnished by said
Company. The Company, in turn, sells the goods and articles
so manufactured by the Corporation. The goods processed by
the Corporation and sold by the Company are purchased and sold
in interstate commerce in approximately the same proportions as
the goods manufactured and sold by the Company prior to
November 1, 1938;
'(2) All of the production employees, excluding supervisory
and clerical employees, employed at the plant-of Pawling Leather
Goods Manufacturing Corporation in Pawling, New York, con-
stitute a unit appropriate for the purposes of collective bargain-
ing, and that such unit insures the employees the full benefit of
their right to self-organization and to collective bargaining;
(3) The Corporation and the parties hereto hereby waive the
issuance of amended complaint , holding of further hearing, the
making of Intermediate Report, and the making of further
findings of fact and conclusions of law in this matter, and agree :
That the Board vacate its Order dated July 20, 1939, in Case No.
0-829, and enter a new Order in lieu thereof, without further
notice, against Jacob H. Klotz and Ruth Klotz, doing business
under the style and name of J. Klotz & Company, and Pawling
Leather Goods Manufacturing Corporation jointly and severally,
as necessary parties in this matter in the form as set forth below :
ORDER
Upon the basis of the foregoing findings of fact and conclu-
sions of law, and pursuant to Section 1Q (c) of the National
Labor Relations Act and this Stipulation, the National Labor
Relations Board hereby orders that the respondents , Jacob H.
Klotz and Ruth Klotz, doing business under the style and trade
name of J; Klotz & Company, individually and collectively,
and their successor, Pawling Leather Goods Manufacturing
Corporation, Pawling, New York, and their respective officers,
agents, successors , and assigns shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with Suitcase, Bag &
Portfolio Makers' Union as the exclusive representative of
their production employees , excluding supervisory and clerical
employees, employed at the plant of Pawling Leather Goods
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Manufacturing Corporation in Pawling, New York, upon said
Union's demonstrating, in a Consent Election, to be held in
accordance with the provisions of the Stipulation between the
parties, that at the time of the holding of such election' it repre--
sents a majority of said employees of Pawling Leather Goods
Manufacturing Corporation in said appropriate unit;
(b) Discouraging membership in Suitcase,,Bag & Portfolio
Makers"Union, or in any other labor organization of its em-
ployees, by discharging, laying off, refusing to reinstate, dis-
criminating in regard to hire and tenure of employment, or
any term or condition of employment or in any other manner
interfering with, restraining, or coercing their employees in
the exercise of their rights Ito self-organization, to form, join,
or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in con-
certed activities, for the purpose of collective bargaining or
other mutual aid and protection, as guaranteed in Section 7 of
the National Labor Relations Act.
2. Take the following affirmative action which the Board
the National Labor Relations Act.
(a) Upon request, bargain collectively with Suitcase, Bag &
Portfolio Makers' Union as the exclusive representative of
their production employees, excluding supervisory and clerical
employees, employed at the plant of Pawling Leather Goods
Manufacturing Corporation in Pawling, New York, in respect
to wages, hours of work, or other conditions of employment,
upon said Union's demonstrating, in a Consent Election, to be
held in accordance with the provisions of the Stipulation be-
tween the parties, that at the time of the holding of such elec-
tion it represents a majority of said employees of Pawling
Leather Goods Manufacturing Corporation in said appropriate
unit;
(b) -Upon application, offer to all persons in their employ
on August 17, 1936, who went on strike on August 17, 1936,
and who have not since been reinstated to their former or sub-
stantially equivalent positions, reinstatement to their former or
substantially equivalent positions without prejudice to their
seniority and other rights and privileges, in the following
manner :
All persons not in respondents' employ at the commencement
of the strike, hired on or after August 17, 1936, the date of the
commencement of the strike, shall, if necessary to provide
employment for the employees referred to in the preceding
paragraph and who accept reinstatement, be dismissed. If,
after this is clone, there is not, by reason of a reduction in the
JACOB H. KLOTZ 17
force of employees needed, sufficient employment immediately
available for the remaining employees , including those referred
to in the preceding paragraph and who accept reinstatement,
all available positions shall be distributed among such em-
ployees, without discrimination against any employee because
of his or her union affiliation or activity, following a system
of seniority or other procedure to such extent as has hereto-
fore been applied in the conduct of the respondent's business.
Those employees remaining after such distribution, for whom
no employment is immediately available, shall be placed on a
preferential list in accordance with the principles 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;
(c) Post immediately in a conspicuous place in the plant
in Pawling, New York, a copy of this order, and a copy of the
provisions of the Stipulation relating to the Consent Election,
together with a statement that the respondents intend to comply
therewith ;
(d) Maintain such notices for a period of at least thirty (30)
consecutive days from the date of posting;
(e) Notify the Regional Director for the Second Region in
writing within ten (10 ) days from the date of this Order what
steps the respondents have taken to comply herewith.
4. The parties hereto consent to the entry by the United States
Circuit Court of Appeals for the Second Circuit of a Decree
enforcing the above Order to be'entered by the Board, applica-
tion foi the decree to be made by the Board, and the parties
hereto waive further notice of the application for such decree;
5. In complying with paragraph 2 (b) of the above Order
respondent Pawling Leather Goods Manufacturing Corporation
shall, by registered mail, postage prepaid, (copies to Suitcase,
Bag & Portfolio Makers' Union ) advise Anna Gallagher, Emma
Fairell , Mrs. L. J. Taney, Mrs . Grace Bierce, Louis Rady, Mary
Laurie, Irving Ulaner, Sam Cohen, J. Dickman, I. Friedman,
Stephen Buchinger , Pauline Eastwood , Evelyn Vassak , Jr., Mad-
eline Bierce, John Brill, Sadie Martin, Anna McDonald, B.'
Ulaner, William Zuckerman , Max Rosenshein , Louis Rosen and
A. Harris, who were in J. Klotz & Company 's employ on August
17)1936 , that Pawling Leather Goods Manufacturing Corporation
is offering them reinstatement pursuant to the direction of the
Board, 'and, requesting them to report for work on a date seven
(7) days - after the said registered letters are mailed or indicate
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
• to Pawling Leather Goods Manufacturing Corporation within
seven (7) days after said registered letters are mailed, their
intention to accept such reinstatement, it being understood that
all of the 'above-named employees, except in the case of illness,
or by agreement of the parties, must report for work- not later
than fourteen (14) days after the postmark date on said regis-
tered letters or forfeit all right to reinstatement, it being further
understood that those of the above named employees who desire
to accept the offer of reinstatement but who do not report for
work on the required date, to wit : within seven days after said
registered letters are mailed, shall personally advise Pawling
Leather Goods Manufacturing Corporation, in writing, of their
intention to accept reinstatement within the conditions in this
paragraph, setting forth the date when they will report for
work, which must be not later than fourteen days after said
registered letters are mailed.
(6) The Corporation hereby consents to the holding of an
election by an agent or agents of the Board, if requested by Suit-
case, Bag &, Portfolio Makers' Union within seven (7) days after
compliance by the Corporation with the provisions of paragraph
2 (b) of the Order above set forth (in order to fix a date certain
for the beginning of the seven (7) day period in which the union,
shall have to request an election and the fourteen (14) days in
which the election must be held, compliance with the provisions
of paragraph 2_(b) of the Order shall, for this purpose only be
deemed' to take place on the date the, employees are to report for
work as set forth in the registered letters in accordance with
the terms of paragraph 5 of this Stipulation, which date will be
seven (7) clays after the registered letters are mailed), the Con-
sent Election if, so requested to be held within fourteen (14)
days after such compliance, to ascertain if a majority of its
employees in the appropriate unit, as heretofore set forth in
paragraph (2) of this Stipulation, desires to be represented for
the purpose of collective bargaining by Suitcase, Bag & Portfolio
Makers' Union. The time limitations set forth in this paragraph
and in paragraph five hereinabove are of the essence of 'this
Stipulation.
(a) Those eligible to vote shall be all those persons who in
good faith are carried on the pay roll of the Corporation as
regular employees, whether then actually working or not, in the
appropriate unit above set forth, on the date of the approval by
the Board of this Stipulation, including those who have accepted
reinstatement as offered by the Corporation in compliance with
paragraph 2 (b) of the above Order and with paragraph five of
this Stipulation, but excluding those employees who in good faith
JACOB H. KLOTZ 19
should have been displaced by the employees being reinstated as
herein set forth;
(b) The Corporation agrees to furnish two copies of its pay
roll for the said date to the Regional Director of the, Board for
the Second Region ;
(c) The Corporation agrees to cooperate fully with the Re-
gional Director in the conduct of said election and specifically
agrees to check the names on such submitted-pay roll in order
to eliminate in advance of such election the names of persons
ineligible to vote ;
(d) The sole question to be,voted on at such election shall be
whether or not the eligible employees in the above set forth
appropriate unit desire the Suitcase, Bag & Portfolio Makers'
Union to represent them for the purposes of collective bargaining;
(e) The Corporation agrees to allow an agent of said Regional
Director to post notices of said election on the Corporation's
premises at least 24 hours prior to the election and to distribute
copies of such notices to each of the employees of the Corpo-
ration;
(f) The votes shall be counted and tallied by an agent of the
Regional Director, but the employers and the Union shall each be
allowed to station two authorized observers at the polling place
during such election for the purpose of challenging ineligible
voters and to verify such tally;
(g) The Corporation and the Suitcase, Bag & Portfolio Mak-
ers' Union agree to be guided by and to abide by all rulings of
the Regional Director on any question raised relating to such
election and not determined in this agreement;
(7) The Company and the Corporation agree to immediately
comply with the terms of the Board Order as set forth above
without waiting either for- the formal entry of the Order by the
Board or the entry of the decree in the Circuit Court;
(8) The execution of this Stipulation and performance thereof
and of said Consent Decree by the parties hereto shall conclude
all matters arising in this proceeding, but shall not preclude the
taking of any steps necessary to procure the entry of the said
Consent Decree in the United States Cirucit Court of Appeals
for the Second Circuit;
(9) It is understood and agreed that the entire agreement is
contained within the terms of this Stipulation and said Consent
Decree and that there is no verbal agreement of any kind which
varies, alters or adds to this Stipulation and Consent Decree;
(10) It is further understood and agreed that this Stipulation
and Consent Decree are subject to the approval'of the Board and
shall become effective immediately upon the granting of such
413002-42-yol. 29-3
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approval. If the Board does not approve this Stipulation and
Consent Decree, they shall be void and of no effect and shall not
be used as evidence in this or any other case.
On January 4, 1941, the Board approved the above stipulation
and ordered it-made a part of the record herein.
Upon the basis of the above stipulation, the National Labor Rela-
tions Board hereby vacates the Order issued herein on July 20, 1939,
and orders that the following Modified Order be, and it hereby is,
substituted in lieu thereof :
ORDER
Upon the basis of the foregoing findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Relations
Act and this Stipulation, the National Labor Relations Board hereby
orders that the respondents, Jacob H. Klotz and Ruth Klotz, doing
business under the style and trade name of J. Klotz & Company, in-
dividually and collectively, and their successor, Pawling Leather
Goods Manufacturing Corporation, Pawling, New York, and their
respective officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with Suitcase, Bag & Portfolio
Makers' Union as the exclusive representative of their production
employees, excluding supervisory and clerical employees, employed
at the plant of Pawling Leather Goods Manufacturing Corporation
in Pawling, New York, upon said Union's demonstrating, in a Con-
sent Election, to be held in accordance with the provisions of the
Stipulation between the parties, that at the time of the holding of
such- election it represents a majority of said employees of Pawling
Leather Goods Manufacturing Corporation in said appropriate unit;
(b) Discouraging membership in Suitcase, Bag & Portfolio Makers'
Union, or in any other labor organization of its employees, by
discharging, laying off, refusing to reinstate, discriminating in regard
to hire and tenure of employment, or any term or condition of
employment or in any other manner interfering with, restraining,
or coercing their employees in the exercise of their rights 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 and protection, as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Upon request, bargain collectively with Suitcase, Bag & Port-
folio Makers' Union as the exclusive representative of their produc-
JACOB H. KLOTZ 21
tion employees, excluding supervisory and clerical employees, em-
ployed at the plant of Pawling Leather Goods Manufacturing Cor-
poration in Pawling, New York, in respect to wages, hours of work,
or other conditions of employment, upon said Union's demonstrating,
in a Consent Election, to be held in accordance with the provisions of
the Stipulation between the parties, that at the time of the holding of
such election it represents a majority of said employees of Pawling
Leather Goods Manufacturing Corporation in said appropriate unit;
(b) Upon application, offer to all persons in their employ on Au-
gust 17, 1936, who went on strike on August 17, 1936, and who have
not since been reinstated to their former or substantially equivalent
positions, reinstatement to their former or substantially equivalent
positions without prejudice to their seniority and other rights and
privileges, in the following manner :
All persons not in respondents' employ at the commencement of
the strike, hired on or after August 17, 1936, the date of the com-
mencement of the strike, shall, if necessary to provide employment,
for the employees referred to in the preceding paragraph and who,
accept reinstatement, be dismissed. If, after this is done, there is
not, by reason of a reduction in the force of employees needed, suffi-
cient employment immediately available for the remaining employees,
including those referred to in the preceding paragraph and who ac-
cept reinstatement, all available positions shall be distributed among
such employees, without discrimination against any employee because
of his or her union affiliation or activity, following a system of senior-
ity or other procedure to such extent as has heretofore been applied
in the conduct of the respondents' business Those employees remain-
ing after such distribution, for whom no employment is immediately
available, shall be placed on a preferential list in accordance with
the principles set forth in the preceding sentence, and shall thereafter,
in accordance with such list, be offered employment in their former
or substantially equivalent positions, as such employment becomes
available and before other persons are hired for such work;
(c) Post immediately in a conspicuous place in the plant in Pawl-
ing, New York, a copy of this order, and a copy of the provisions of
the Stipulation relating to the Consent Election, together with a state-
ment that the respondents intend to comply therewith;
(d) Maintain such notices for a period of at least thirty (30^
consecutive days from the date of posting;
(e) Notify the-Regional Director for the Second Region in writing
within ten (10) days from the date of this Order 'what steps the
respondents have taken to comply herewith.