Mayfair Handbags, and Mayfair Leather Goods Co., Inc.

National Labor Relations Board - Board Decisions

Nov 2, 1939

17 N.L.R.B. 177 (N.L.R.B. 1939)

In the Matter of SAMUEL SLANSKY, ROSE MILLER , AND GUSTAVE
MILLER, DOING BUSINESS UNDER THE NAME AND STYLE OF MAYFAIR
HANDBAGS, AND MAYFAIR LEATHER GOODS Co., INC. and INTERNA-
TION_AI, LADIES' HANDBAG, POCKETBOOK & NOVELTY WORKERS' UNION,
A. F. OF L.
Case No. C-1389.-Decided November 0, 1939
Ladies Handbag Manufacturing Industry-Settlement : stipulation providing
for compliance with the Act, including withdrawal of recognition from and
11isestablishment of company -dominated union, upon request to bargain collec-
tively with the union , and reinstatement of certain employees with back pay-
Order: entered on stipulation.
'Mr. Jacob Blum and -'Mr.',Millard L.. M.idonick, for the Board.
Mr. Samuel Brodsky, of Brooklyn, N. Y., and Mr. Daniel Cooper,
,of New York City, for the respondents.
Mr. Elias Lieberman and Mr. Robert Truehaft, of New York City,
for the Union.
Mr. Ralph Winkler, 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, A. F. of L.,
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 amended complaint' dated August 9,
1939, against Samuel Slansky, Rose Miller, and Gustave Miller, Plain-
field, New Jersey, doing business under the name and style of Mayfair
Handbags and Mayfair Leather Goods Co., Inc., New Market, New
Jersey, herein called the respondents, alleging that the respondents
had engaged in and were engaging in unfair labor practices affecting
1 Prior to the filing of the fourth amended charges and the issuance of the amended com-
plaint herein , the Board , through the Regional Director , issued a complaint upon charges
against Samuel Slansky, doing business under the name and style of Mayfair Handbags,
Plainfield , New Jersey, alleging the occurrence of unfair labor practices , within the mean-
ing of Section 8 (1), (2), (3 ), and (5 ) and Section 2 (6) and ( 7) of the Act . A hearing
on that complaint was held on July 24, 1939, before a Trial Examiner duly designated by
the Board , and was thereafter adjourned.
17 N. L . R. B., No. 11.
177
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
commerce, within the meaning of Section 8 (1), (2), (3), alld (5)
and Section 2 (6) and (7) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. Copies of the amended complaint
and notice of hearing thereon were duly served upon Samuel Slansky,
upon Rose Miller, upon Gustave Miller, upon Mayfair Leather Goods
Co., Inc., upon the Union, and upon Mayfair Employees Association,
the labor organization mentioned in the amended complaint, herein
called the Association. The amended complaint was amended at the
hearing mentioned below.
The amended complaint, as amended, alleged in substance that the
respondents, including Mayfair Leather Goods Co., Inc., since its in-
corporation in January 1939, on or about August 24, 1938, and at
all times thereafter, (1) refused to bargain collectively with the
Union as the exclusive representative of all the production and ship-
ping employees of the respondents at their plants in Plainfield and
New Market, New Jersey, herein called the Plainfield and New Market
plants, respectively, exclusive of clerical and supervisory employees,
although said employees constitute-a. unit appropriate for the pur-
poses of collective bargaining and a.majority of said employees on
and at all times after August 24, 1938, designated the Union their
representative for purposes of collective bargaining in respect to, rates
of pay, wages, and other conditions of employment; (2) urged, per-
suaded, and warned employees at the afore-mentioned plants to re-
frain from becoming or remaining members in or participating in
activities; -in; support of. the Union; (3) threatened these employees
with discharge and other reprisals if they became or remained mem-
bers or supporters of the Union; (4) maintained surveillance over
union meetings and activities of employees at these plants who were
members of the Union ; (5) threatened to close the plants unless such
employees would cease participating in activities on behalf of the
Union; (6) circulated in the Plainfield plant during working hours
for the signatures of employees petitions renouncing in effect any
desire of union affiliation except with an independent union of plant
employees; (7) made anti-union statements to such employees in
disparagement of the Union; (8) offered bribes to employees if they
would refrain from supporting the Union; (9) attempted repeatedly
to persuade striking employees individually to return to work at
times when such employees were represented by the Union; (10)
discharged certain named employees 2 at the Plainfield plant because
they joined and assisted the Union and engaged in other concerted
activities for the purposes of collective bargaining and other mutual
aid and protection, and refused to reinstate said employees thereby
discriminating in regard to the hire and tenure of employment of
2 These employes are Anthony Lemmo, Lucille Pilley, Patsy Pizza , Jennie Veglatte, and
Mike Zampella.
SAMUEL SLANSKY 179
said employees; (11) refused upon application to reinstate certain
named employees 3 within the above-described unit who had gone and
remained on strike because of the afore-mentioned unfair labor prac-
tices of the respondent, for the reason that they joined and assisted
the Union and engaged in other concerted activities for the purposes
of collective bargaining and other mutual aid and protection, thereby
discriminating in regard to the hire and tenure of employment of said
employees; (12) formed, sponsored, promoted, and fostered the As-
sociation as a labor organization or plan for the purposes of collective
bargaining, in that the respondents, Samuel Slansky, Rose Miller, and
Gustave Miller, recruited members for the Association among the
above-mentioned employees on company time and property, made
membership in the Association a condition of employment at the
Plainfield .plant, threatened employees with discharge ,and other re,
prisals unless they joined and assisted the Association, offered bribes
to employees to join and assist the Association, and supported the
Association by the afore-mentioned unfair labor practices, interfering
with and restraining the activities of the Union as an effective rival
to the Association. The amended complaint further alleged that
certain of the respondents, viz., Samuel Slansky, Rose Miller, and
Gustave Miller on or about January 24, 1939, caused the formation
and incorporation of Mayfair Leather Goods Co., Inc., for the pur-
pose of and with the intent to enable the respondents to defeat and
avoid their obligations under the Act.
Pursuant to the notice, a hearing was held on August 21, 22, and
28, 1939, at New York City, before John T. Lindsay, the Trial' Ex-
aminer duly designated by the Board. The Board, the respondents,
and the Union were represented by counsel and participated in the
hearing. The Association did not appear. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. The Board
introduced in evidence a certain power of attorney executed by Rose
Miller to Gustave Miller. At the hearing each of the respondents,
the Union, and counsel for the Board entered into a stipulation and
agreement in settlement of the case, subject to approval of the
Board. On September 29, 1939, an amended. ,stipulation.. and. agree,
ment amending the stipulation and agreement was executed by each
of the respondents, by the Union, and by counsel for the Board. The
stipulation, as amended, provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between Samuel
Slansky, Rose Miller and Gustave. Miller, doing business under
3 These employees are Jenne Alexander , Lee Andrusky , Angelina Celleto , Tessie Di Gio-
vanni, Jackie , Del, Vecchio, Francis Ferrar , Paul - Fusco, Mary Gebriani , Charles Kerico,
Nicholas Lemmo, Vincent Omelio, Nancy Petia, Carmela Riccardi , Angelina Sebastian, Ann
Vinci, Joe Vinci.
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the name'and style of Mayfair Handbags, and Mayfair Leather
Goods Co., Inc., International Ladies' Handbag, Pocketbook &
Novelty Workers' Union, A. F. of L., hereinafter called the
"Union", and Millard L. Midonick, attorney for the National
Labor Relations Board, Second Region, that :
1. Upon charges duly filed by the Union, the National . Labor
Relations Board, hereinafter called the "Board", by Elinore M.
Herrick, Regional Director for the Second Region, New York
City, acting pursuant to authority granted in Section 10 (b) of
the National Labor Relations Act, 49 Stat. 449, and its Rules and
Regulations-Series 2, Article IV, Section 1, issued its Amended
Complaint on the 9th day of August, 1939, against Samuel
Slansky, Rose Miller and Gustave Miller, doing business under
the name and style of Mayfair Handbags and Mayfair Leather
Goods Co., Inc., hereinafter called the respondents. -
2. A copy of the Fourth Amended Charge, the Amended Com-
plaint, Notice of Hearing thereon and National Labor Relations
Board Rules and Regulations-Series 2, were duly served upon
the respondents, the Union, and Mayfair Employees Association,
hereinafter called the "Association", a labor organization alleged
in the Amended Complaint to have been dominated by the
respondents.
3. Despite the fact that the documents set forth above in para-
graph II were duly served upon the Association and its attorney,
no appearance was made in behalf of the Association at the
hearing in the above entitled matter.
4. The respondents, Rose Miller and Gustave Miller, were,
since February 1938 and until November, 1938, continually en-
gaged at their principal office and place of business at 329
Watchung Avenue in the City of Plainfield, County of Union;
State of New Jersey, hereinafter called the "Plainfield plant",
in the manufacture, sale and distribution of ladies handbags
under the firm name and style of Mayfair Handbags.
5. Prior to February, 1938, the respondent Samuel Slansky
was issued by the State of New Jersey a certificate to do business
under the name and style of Mayfair Handbags. Samuel
Slansky has never actively conducted any affairs or operations
of this business enterprise, nor has he ever been involved in the
profits and losses connected therewith, nor has he ever invested
any capital therein. Samuel Slansky did, however, authorize
the use of the name "Samuel Slansky doing business under the
name and style of Mayfair Handbags" by the aforesaid business
enterprise and did execute a power of attorney to Rose Miller- to
conduct all the' affairs of the said business enterprise in the said'
SAMUEL SLANSKY 181
name in order to enable the said business enterprise to obtain
the credit necessary for its operations.
6. The respondents Rose Miller and Gustave Miller owned the
business enterprise known as "Samuel Slansky doing business
under.- the name and style of Mayfair Handbags" and have
actively conducted and managed that business enterprise
throughout 'its existence. The respondents Rose Miller and
Gustave Miller have invested the necessary capital for the said
business enterprise, and have been entitled to all of its profits
and have assumed all of its obligations and have exercised -com-
plete .control over its relations with its employees and over its
relations with other business enterprises.
7. During the period of its operations the business enterprise
known as "Samuel Slansky doing business under the name and
style of Mayfair Handbags," hereinafter called "Mayfair Hand-
bags," in- the course and conduct of its business, normally
employed approximately 60 to 65 employees.
8. During the period from February 1, 1938 to September 30,
1938, Mayfair Handbags purchased materials such as imitation
leather, silk, metal frames, cotton and mirrors to be used in its
manufacturing operations amounting in value to approximately
$44,000.00.
9. Approximately 75% of the materials referred to above in
paragraph 8 were shipped to the plant of Mayfair Handbags
from points outside the State of New Jersey.
10. Approximately 95% by value of the finished products to
the value of $60,000 manufactured by Mayfair Handbags during
the period from February 1, 1938 to September 30, •1938 were
shipped to points outside the State of New Jersey.
11. During the period of its manufacturing operations May-
fair Handbags maintained a branch sales office at 347 Fifth
Avenue, New York, N. Y.
12. The respondent Mayfair Leather Goods Co., Ine., is' and'
has been since January 24, 1939, a corporation duly organized
and existing by virtue of the laws of the State of New Jersey
and has been continuously engaged since March 1, 1939, at its
principal office and place of business at 500 South Washington
Avenue, County of Union, State of New Jersey, hereinafter
called "New Market plant," in the manufacture, sale and distri-
bution of ladies handbags.
13. The respondent, Mayfair Leather Goods Co., Inc., has
from..its inception been a closed corporation beneficially owned
by Rose Miller and Gustave Miller, the former holding, at all
times, the majority of • its outstanding stock. The respondent,
.182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rose Miller has been and is the Treasurer of respondent Mayfair
Leather Goods Co., Inc. The respondent Rose Miller has signed
all checks and formal documents for respondent Mayfair. Leather
Goods Co., Inc. The respondent Rose Miller and Gustave
Miller have exercised complete control over the relations of
respondent Mayfair Leather Goods Co., Inc., with its employees
and over the relations of the respondent Mayfair Leather Goods
Co., Inc. with other business enterprises. The respondent May-
fair Leather Goods Co., Inc. has obtained materials necessary for
the manufacture of its products from substantially the same
sources and places, and in substantially the same manner and
:amount as "Mayfair Handbags" had previously done as described
above in. paragraphs 8 and 9. The respondent Mayfair Leather
Goods o., Inc., manufactures the same products, in the same
manner, with the same supervisory force, as had previously
existed under Mayfair Handbags. The respondent Mayfair
Leather Goods Co., Inc. for the purpose of settlement of the
above entitled matter assumes the obligations under the National
Labor Relations Act of Samuel Slansky, Rose Miller and Gus-
tave Miller, doing business under the name and style of Mayfair
Handbags.
14. Substantially all of the products of the respondent May-
fair Leather Goods Co., Inc., are manufactured under contract
for sale to Markay Handbag Company, located in the State' of
New Jersey. and Hertz & Corey, located in the State of New.
York, and the , latter two companies direct respondent Mayfair
Leather Goods Co., Inc. to ship approximately 9517o of its prod-
ucts from the said respondent's New Market plant directly to
points outside the State of New Jersey.
15. The respondent Mayfair Leather Goods Co., Inc., in the
course and conduct of its business normally employs approxi-
mately 30 to.35 employees.
16. In the conduct of the business enterprise known as Mayfair
Handbags, the respondents Samuel Slansky, Rose Miller and
Gustave Miller were engaged in interstate commerce within the
meaning of the National Labor Relations Act and. the Constitu-
tion of the United States. The respondent Mayfair Leather
Goods Co., Inc., is and has been engaged in interstate commerce
within the meaning of the National Labor Relations Act and the
Constitution. of the United States.
17. International Ladies' Handbag, Pocketbook and Novelty
Workers' Union, A. F. of L., affiliated with the American Feder-
ation of Labor, is and has been a labor organization within the
meaning of Section 2, subsection (5) of the National Labor
Relations Act.
SAMUEL SLANSKY 183
18. Mayfair Employees Association was a labor organization
within the meaning of Section 2, subdivision (5) of the National
Labor Relations Act. Mayfair Employees Association is no
longer in existence.
19. Neither Mayfair Handbags nor Mayfair Leather Goods
Co., Inc., has ever entered into any contract or agreement with
any labor organization or employee.
20a. All the production and shipping employees of Mayfair
Handbags ,it its Plainfield Plant, excluding clerical and super-
visory employees, constitute a unit appropriate for the purpose
of collective bargaining within the meaning of Section 9, sub-
division (b), of the National Labor Relations Act and such unit
insures to the employees of the respondents in the aforesaid
plants the full benefit of their right to self organization and col-
lective bargaining and otherwise effectuates the policies of the
National Labor Relations Act.
20b. All the production and shipping employees of Mayfair
Leather Goods to., Inc. at its New Market Plant, excluding
clerical and supervisory employees, constitute a unit appropriate
for the purpose of collective bargaining within the meaning of
Section 9, subdivision (b), of the National Relations Act and
such unit insures to the employees of the respondents in the
aforesaid plants the full benefit of their right to self organization
and collective bargaining and otherwise effectuates the policies of
the National Labor Relations Act.
21. On August 24, 1938, and at all times thereafter, the Union
was the duly designated representative of a majority of the em-
ployees in the appropriate unit set forth above in paragraph 20
and pursuant to Section 9 (a) of the National Labor Relations
Act was the exclusive. representative of all the employees in the
said unit for the purpose of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions
of employment.
22. The respondents and the Union hereby waive in the above
entitled matter the right to a further hearing, to the taking of
further testimony or other evidence before the trial examiner,
and to the making of findings of fact and conclusions of law by
the Board pursuant to the provisions of the National Labor
Relations Act.
23. This stipulation, together with a power of attorney exe-
cuted by Rose Miller, empowering Gustave Miller to act as her
attorney, may be introduced into the record in the above entitled
matter by offering said documents as an exhibit therein or by
filing it with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C. In addition' to the afore-
2473S4-40-vol. 17-18
184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
said documents, all the exhibits which have been introduced in
evidence and the transcript of the hearings held in the above en-
titled matter on July 24, August 21, August 22, and August 28,
1939 shall constitute the record in the above entitled matter down
to the date of this stipulation.
24. This entire stipulation is subject to the approval of the
National Labor Relations Board.
25. It is further stipulated by and between the parties to this
stipulation that upon the entire record in the above entitled
matter, including this stipulation, the Board may forthwith or
at any future time enter the Order set forth below in paragraph
26 and that upon application by the Board without further
notice to the respondents, the United States Circuit Court of
Appeals for the Third Circuit or any other appropriate court, as
provided in Section 10, subdivision (o), of the National Labor
'Relations Act, may enter a decree enforcing said Order of the
Board and that the respondents hereby expressly waive their
rights to contest the entry of such a decree.
26. The Order referred to above in paragraph 25 shall provide
as follows :
The respondents, Samuel Slansky, Rose Miller, and Gustave
Miller, doing business under the name and style of Mayfair
Handbags, and Mayfair Leather Goods Co., Inc., their officers,
agents, successors and assigns shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with International Ladies'
Handbag, Pocketbook and Novelty Workers' Union, A. F. of L.,
as the exclusive representative of all the production and shipping
employees of the respondents at the New Market plant, excluding
clerical and supervisory employees, in respect to rates of pay,
wages, hours of employment and other conditions of employment;
(b) Dominating or interfering with the formation or adminis-
tration of any labor organization of their employees , and from
contributing financial and other support to any labor organiza-
tion of their employees;
(c) Recognizing Mayfair Employees Association as the repre-
sentative of any of their employees for the purpose of dealing
with the respondents or any of them concerning grievances, labor
disputes, wages, rates of pay, hours of employment or other con-
ditions of employment;
(d) Discouraging membership in International Ladies' Hand-
bag, Pocketbook and Novelty Workers' Union, A. F. of L., or any
other labor organization of their employees by laying off, dis-
charging, refusing to reinstate, or in any other manner discrim-
inating in regard to the hire or tenure of employment of their
SAMUEL SLANSKY 185
employees or any term or condition, of employment .of their
employees because of membership in, or activity in connection
with, any such labor organization;
(e) In any other manner interfering with, restraining or co-
ercing their employees in the exercise of the rights of their
employees to. self organization, to form, join or assist labor or-
ganization, to bargain collectively through representatives of
their own choosing and to engage in concerted activities for the
purposes of collective bargaining or other mutual aid or protec-
tion as guaranteed in Section 7 of the National Labor Relations
Act.
2. Take the following affirmative action :
(a) Upon request, bargain, collectively with International
Ladies' Handbag, Pocketbook and Novelty Workers' Union as
the exclusive representative of all the production and shipping
employees of the respondents at the New Market plant, excluding
clerical and supervisory employees, in respect to rates of
pay, wages, hours , of employment, and other conditions
of employment;
(b) Withdraw all recognition from Mayfair Employees Asso-
ciation as the representative of any of their employees for the
purposes of dealing with the respondents concerning grievances,
labor disputes, wages, hours of employment and other conditions
of employment and completely disestablish Mayfair - Employees
Association as such representative;
(c) Offer to the employees named in Schedule A, annexed
hereto and hereby made part hereof, and to each of them who
has not since been fully reinstated, immediate and full reinstate-
ment to their former or to substantially equivalent positions in
the New Market plant;
(d) Make whole the employees named in Schedule A, annexed
hereto, for the loss of pay they have suffered by reason of the
respective layoffs and refusals to reinstate said employees, by
payment to each of them the respective sums of money set forth
in Schedule A, annexed hereto ;
(e) Immediately post notices in conspicuous places throughout
the New Market plant and maintain such notices for a period of
sixty (60) consecutive days stating that the representatives will
cease and desist in the manner set forth in 1 (a), (b), (c) and
(d) and that the respondents will take the affirmative action set
forth in 2 (a), (b), (c) and (d) of this Order; and
(f) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of this Order of the
steps respondents have taken to comply herewith.
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
27. It is expressly understood that the terms of this stipula-
tion contain the entire agreement of the parties hereto with
respect to the entry of a court decree enforcing the Order set
forth above in paragraph 26, and it is further understood that
there is no verbal or other agreement of any kind which in
substance or effect in any way restricts the privilege and the
rights of the National Labor Relations Board to petition forth-
with or at any time in the future for the entry of a decree by a
court enforcing said Order.
On October 18, 1939, the Board issued an order approving the
above stipulation, as amended, and making it part of the record in
this case, and transferring this 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 stipulation.
Upon the above stipulation and agreement, as amended, and upon
the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Rose Miller and Gustave Miller were, since February until Novem-
ber 1938, continually engaged at their principal office and place of
business in Plainfield, New Jersey, herein called the Plainfield plant,
in the manufacture, sale, and distribution of ladies handbags under
the firm name and style of Mayfair Handbags.
Prior to February 1938, Samuel Slansky was issued by the State
of New Jersey a certificate to do business under the name and style
of. Mayfair Handbags. Samuel Slansky has never actively con-
ducted any affairs or operations of this business enterprise, nor has
he ever been involved in the profits and losses connected therewith,
nor has he ever invested any capital therein. Samuel Slansky did,
however, authorize the use of the name "Samuel Slansky, doing
business under the name and style of Mayfair Handbags" by the
aforesaid business enterprise, and did execute a power of attorney
to Rose Miller to conduct all the affairs of the said business enter-
prise under the said name in order to enable the said business enter-
prise to obtain the credit necessary for its operations.
Rose Miller and Gustave Miller own the business enterprise
known as "Samuel Slansky, doing business under the name and style
of Mayfair Handbags" and have actively conducted and managed
that business enterprise throughout its existence. They have in-
vested the necessary capital for the said business enterprise and have
been entitled to all of its profits and have assumed all its obligations
SAMUEL SLANSKY 187
and have exercised complete control over its relations with its em-
ployees and over its relations with other business enterprises.
During the period of its operations the business enterprise known
as "Samuel Slansky, doing business under the name and style of
Mayfair Handbags," in the course and conduct of its business,
normally employed 60 to 65 employees. During the period from
February 1 to September 30, 1938, Mayfair Handbags purchased
materials such as imitation leather, silk, metal frames, cotton, and
mirrors to use in `its manufacturing operations amounting in value
to approximately $44,000. Approximately 75 per cent of these mate-
rials were shipped to the plant of Mayfair Handbags from points
outside the State of New Jersey. Approximately 95 per cent by
value of the finished products to the value of $60,000 manufactured
by Mayfair Handbags during the period from February 1 to Sep-
tember 30, 1938, were shipped to points outside the State of New
Jersey. During the period of its manufacturing operations Mayfair
Handbags maintained a branch sales office in New York City.
Mayfair Leather Goods Co., Inc., is, and has been since Janu-
ary 24, 1939, a corporation duly organized and existing by virtue of
the laws of the State of New Jersey, and has been continuously
engaged since March 1, 1939, at its principal office and place of
business in New Market, New Jersey, herein called the New Market
plant, in the manufacture, sale, and distribution of ladies' handbags.
Mayfair Leather Goods Co., Inc. has from its inception been a closed
corporation beneficially owned by Rose Miller and Gustave Miller,
the former holding at all times the majority of its outstanding stock.
Rose Miller had been and is the treasurer of Mayfair Leather Goods
Co., Inc., and has signed all checks and formal documents for May-
fair Leather Goods Co., Inc. Rose Miller and Gustave Miller have
exercised complete control over the relations of Mayfair Leather
Goods, Inc. with its employees and over the relations of Mayfair
Leather Goods Co., Inc. with other business enterprises. Mayfair
Leather Goods Co., Inc., has obtained materials necessary for the
manufacture of its products from substantially the same sources and
places, and in substantially the same manner and amount as May-
fair Handbags had previously done as described above. Mayfair
Leather Goods Co., Inc., manufactures the same products, in the
same manner, with the same supervisory force as had previously
existed under Mayfair Handbags. Mayfair Leather Goods Co., Inc.,
for the purpose of settlement of this case, assumed the obligations
under the Act of Samuel Slansky, Rose Miller, and Gustave Miller,
doing business under the name and style of Mayfair Handbags.
Substantially all of the products of Mayfair Leather Goods Co.,
Inc., are manufactured under contract. Approximately 95 per cent
188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of its products from the New Market plant are shipped directly to
points outside the State of New Jersey. Mayfair Leather Goods
Co., Inc., in the course and conduct of its business normally employs
approximately 30 to 35 employees.
In the conduct of the business enterprise known as Mayfair Hand-
bags, Samuel Slansky, Rose Miller, and Gustave Miller admitted
that they were engaged in interstate commerce within the meaning
of the Act. Mayfair Leather Goods Co., Inc. also admitted that
it is and has been engaged in interstate commerce within the mean-
ing of the Act.
We find that the above-described business and operations of the
respondents constitute a continuous flow of trade, traffic, and com-
merce among the several States.
II. THE ORGANIZATIONS INVOLVED
International Ladies' Handbag, Pocketbook & Novelty Workers'
Union, affiliated with the American Federation of Labor, is a labor
organization, and Mayfair Employees Association was a labor or-
ganization, within the meaning of Section 2 (5) of the Act.
III. THE APPROPRIATE UNIT
We find that all the production and shipping employees of May-
fair Handbags at its Plainfield plant, excluding clerical and super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining and that such unit insures to the employees of
the respondents in the aforesaid plant the full benefit of the right
to self-organization and collective bargaining and otherwise effectu-
ates the policies of the Act.
We find that all the production and shipping employees of May-
fair Leather Goods Co., Inc., at its New Market plant, excluding
clerical and supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining and that such unit insures to
the employees of the respondents in the aforesaid plant the full bene-
-fit of the right to self-organization and collective bargaining and
'otherwise effectuates the policies of the Act.4
IV. REPRESENTATION BY THE UNION OF A MAJORITY IN THE APPROPRIATE
UNIT
.. We find that on August 24, 1938, and at all times thereafter, the
Union was and has been the duly designated representative of a
majority of the employees in the above appropriate unit , and that
by virtue of Section 9 (a) of the Act was and has been the exclusive
4 Thks finding rests upon the stipulation. We see no reason for finding otherwise,
SAMUEL SLANSKY 189
representative of all the employees in said unit for the purposes of
collective bargaining in respect to rates of pay, wages, and hours of
employment and other conditions of employment .5
ORDER
Upon the basis of the above findings of fact, stipulation and agree-
ment, as amended, 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 respondents, Samuel
Slansky, Rose Miller, and Gustave Miller, doing business under the
name and style of Mayfair Handbags, and the respondent, Mayfair
Leather Goods Co., Inc., and each of them, and their respective
officers, agents, successors , and assigns shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with International Ladies'
Handbag, Pocketbook and Novelty Workers' Union, A. F. of L., as
the exclusive representative of all the production and shipping em-
ployees of the respondents at the New Market plant, excluding
clerical and supervisory employees, in respect to rates of pay, wages,
hours of employment and other conditions of employment ;
(b) Dominating or interfering with the formation or administra-
tion of any labor organization of their employees, and from con-
tributing financial and other support to any labor organization of
their employees ;
(c) Recognizing Mayfair Employees Association as the represent-
ative of any of their employees for the purpose of dealing with the
respondents or any of them concerning grievances, labor disputes,
wages, rates of pay, hours of employment or other conditions of
employment ;
(d) Discouraging membership in International Ladies' Handbag,
Pocketbook and Novelty Workers' Union, A. F. of L., or any other
labor organization of their employees by laying off, discharging, re-
fusing to reinstate, or in any other manner discriminating in regard
to the hire or tenure of employment of their employees or,any term
or condition of employment of their employees because of member-
ship in, or activity in connection with, any such labor organizations;
. (e) In any other manner interfering with, restraining or coercing
their employees in the exercise of the rights of their employees to
self organization, to form, join or.assist labor organization, to bargain
collectively through representatives of their own choosing and to en-
gage in concerted activities for the purposes of collective bargaining
5 This finding rests upon the stipulation . Since the respondents and counsel for the
Board entered into this stipulation we presume that they did so after proper investigation
into the Union 's majority representation.
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or other mutual aid or protection as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action :
(a) Upon request, bargain collectively with International Ladies'
Handbag, Pocketbook and Novelty Workers' Union as the exclusive
representative of all the production and shipping employees of the
respondents at the New Market plant, excluding clerical and super-
visory employees, in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment;
(b) Withdraw all recognition from Mayfair Employees Associa-
tion as the representative of any of their employees for the purpose
of dealing with the respondents concerning grievances, labor dis-
putes, wages, hours of employment and other conditions of employ-
ment and completely disestablish Mayfair Employees Association as
such representative;
(c) Offer to the employees in Schedule A, annexed hereto and
hereby made part hereof, and to each of them who has not since been
fully reinstated, immediate and full reinstatement to their former or
to substantially equivalent positions in the New Market plant;
(d) Make whole the employees named in Schedule A, annexed
hereto, for the loss of pay they have suffered by reason of the respec-
tive layoffs and refusals to reinstate said employees, by payment to
each of them the respective sums of money set forth in Schedule A,
annexed hereto;
(e) Immediately post notices in conspicuous places throughout the
New Market plant and maintain such notices for a period of sixty
(60) consecutive days stating that the respondents will cease and de-
sist in the manner set forth in 1 (a), (b), (c) and (d) and that the
respondents will take the affirmative action set forth in 2 (a), (b),
(c) and (d) of this Order;
(f) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this Order of the steps the
respondents have taken to comply herewith.
SCHEDULE A
Lucille Pilley__________________ $66.40
Jennie Veglatte________________ 6.00
Patsy Pizza___________________ 83.29
Anthony Lemmo_______________ 82.40
Mike Zampella________________ 32.00
Lee Andrusky_______________ Nothing
Nancy Fotia__________________ 23.40
Carmela Riccardi-------------- 2.80
Joe Vinci______________________ 7.20
Ann Vinci_____________________ 7.20
Vincent Omelio________________ 15.60
Mary Gebriani_________________ $16.00
Tessie Di Giovanni------ _----- 25.20
Jenne Alexander_____________ Nothing
Jackie Del Vecchio_____________ 2.80
Nicholas Lemmo_______ ______ Nothing
Francis Ferrar________________ 22.40
Angelina , Celleto_______________ 2.80
Paul Fusco____________________ 2.80
Charles Kerico_________________ 2.80
Angelina Sebastian ------------ 2.80