Mutual-Sunset Lamp Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 28, 1937

3 N.L.R.B. 450 (N.L.R.B. 1937)

In the Matter Of MUTUAL-SUNSET LAMP MANUFACTURING COMPANY
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
No. 3
Cases Nos. C-208 and B-043.-Decided August 28, 1937
Electrical Equipment Manufacturing Industry-Settlement : agreement to bar-
gain collectively and to post notices-Order : entered upon agreement-Petition
for Investigation and Certification of Representatives : dismissed upon finding
that agreement disposes of question concerning representation.
Hr. Lester Levin for the Board.
Mr. Murray E. Harston, of New York City, for the Company.
Mr. Nat Goldberg, of New York City, for the Union.
Mr. Frederick P. Nett, of counsel to the Board.
DECISION
STATEMENT OF THE CASE
On March 24, 1937, the International Brotherhood of Electrical
Workers, Local No. 3, herein called the Union, filed a charge with the
Regional Director for the Second Region (New York City), alleging
that the Mutual-Sunset Lamp Manufacturing Company, Brooklyn,
New York, herein called the Company, had committed certain unfair
labor practices in violation of the National Labor Relations Act, 49
Stat. 449, herein called the Act. Thereafter, on June 25 and on July
8, 1937, the Union similarly filed amended charges alleging further
violations of the Act. •
On May 11, 1937, the Union filed with the Regional Director for the
Second Region a petition alleging that a question affecting commerce
had arisen concerning the representation of the employees of the
Company and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the Act.' On June 14, 1937,
the National Labor Relations Board, herein called the Board, acting
pursuant to Article III, Section 3 of National Labor Relations Board
Rules and Regulations-Series 1, as amended, authorized the said Re-
gional Director to conduct an investigation and to provide for an
appropriate hearing in connection therewith.
1 On July 8, 1937 , the Union filed an amended petition with the Regional Director. The
amended petition clarified in numerous particulars the petition filed on May 11, 1937.
450
DECISIONS AND ORDERS 451
On July 9, 1937, the Board, by the said Regional Director, issued
its complaint, based on the original and amended charges filed by the
Union, against the Company, alleging that the Company had engaged
in and was engaging in unfair labor practices affecting commerce,
within the meaning of Section 8, subdivisions (1), (3), and (5), and
Section 2, subdivisions (6) and (7) of the Act.2 With respect to the
unfair labor practices the complaint in substance alleged that the
Company had discharged Joseph Ancerino, John T. Hart, Arthur
Giasi, Florence Rogers and John Scalia; that the Company after their
discharge reinstated John T. Hart, Arthur Giasi and Florence Rogers,
but refused to recompense them for the time lost during the period
of their discharge; that the Company had at all times refused to rein-
state Joseph Ancerino and John Scalia; that the Company had dis-
charged the above-named employees, had refused to reinstate two of
them and had refused to recompense three of them upon reinstate-
ment, for the reason that they and each of them applied for member-
ship in and assisted the Union; that the Company urged, persuaded,
and warned its employees to refrain from becoming and remaining
members of the Union, and threatened them with discharge and other
reprisals if they did not heed its warnings; that the Company kept
under surveillance the meetings and meeting places of the members of
the Union who were its employees; and that the Company refused to
bargain collectively with the Union which represented a majority of
the Company's employees in an appropriate unit for such purposes.
The Company filed no formal answer to the Board's complaint.
Pursuant to the notice of a hearing on the complaint and pursuant
to a similar notice of a hearing to be held on the Union's petition, duly
served on the Company and the Union, a hearing on both matters
was held before James C. Paradise, duly designated as Trial Exam-
iner by the Board, at New York City, on July 19, 1937.3 The Com-
pany and the Union were represented at and participated in the hear-
ing. Full opportunity to be heard was afforded all parties. At the
outset, counsel for the Company and the Union having expressed a
desire to enter into a discussion for the purpose of settlement and
disposition of the cause on the complaint and the petition, without
a lengthy hearing, the Trial Examiner granted the request of counsel
for the Board for a recess during which such discussion could be had
and a settlement arranged. Upon resumption of the hearing counsel
for the Company admitted the truth of the allegations of the Board's
The complaint and an accompanying notice of a hearing to be held thereon on July 19,
1937, were thereafter duly served on the Company and the Union.
3 Both notices were identical as to the time and place of bearing. At the hearing
counsel for the Company waived all objection to the consolidation for the purposes of
hearing of the cause on the complaint and the cause on the petition . The single hearing
on July 19, 1937, thereupon concerned itself with both causes.
452 NATIONAL LABOR ,RELATIONS BOARD
complaint as to, the business of the Company and admitted the juris-
diction of the Board in both causes. Thereupon counsel for the Board
stated that a settlement had been ^ agreed upon by all of the parties
for the purpose of disposing of the cause on the complaint and on the
petition, and read for the record the following agreement reached
between the parties: ,
Act.
The Company agrees that the Union' represents a majority of
all of the employees in that . (unit), and that the Union is
the duly designated bargaining agent for those employees. '
The Company agrees that it,' through its duly designated
agent, will enter into negotiations with the Union for collective
bargaining on behalf of the employees. s `
.
The . . . (Company)* further agrees to reinstate Joseph Scalia
mentioned in paragraphs 3 and 6 ... '(of) the complaint, 'to
his former position with the . . . (Company)'.
The Company further agrees that it will Post 'a notice in the
plant and keep the same posted for a period of approximately
30 days, [reading] :
"The employees of this Company have the right to'self-orgaili-
zation, to form, join or assist labor organizations, to bargain cot=
lectively with representatives of 'their own'choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining' or other mutual aid ' or protection.
"No employee will be discriminated against in regard to the'
hire, or tenure of employment or any term or' condition of em-
ployment for the purpose of encouraging or discouraging' mem-
bership in any labor organization." 4 It.
The Company agrees that Florence Rogers will' not be dis-
criminated against as far as the type of work which she is given
on the piece rate, and that ` she will be given' the ' opportunity l to
earn the normal salary of an 'employee ° in the department in
which' sh'e is' so engaged. "' ' i a ' , " '
The Union . ' (agrees), in view of'the above' concessions by
the .. '. `(Company), to' 'withdraw its charges'concerning` John
T. Hart, Arthur Giasi, Florence Rogers, and Joseph Scalia, men-
Following the remarks by counsel for the Board, counsel for the Company agreed that
"A sufficient number of'notices are to be posted in conspicuous places in the . . (Com-
pany's ) Brooklyn plant."
The Company agrees that ... (its) employees . . . at its
Brooklyn plant, excluding those engaged in clerical and super-
visory duties, constitute (an) appropriate . .'.' (unit) for the
purpose of collective bargaining (with)' in the meaning of the,
I
DECISIONS AND ORDERS 453
tioned as the individual employees involved in this proceeding
throughout the complaint .5
At the close of the hearing all of the parties agreed that the
Board, if it desired, might issue an order based upon the agreement
reached between the parties. The proceedings on the complaint
having been duly transferred to the Board for disposition by it, such
order will be made hereinafter. Furthermore, the agreement having
effectively disposed of the issues raised by the petition and amended
petition of the Union, such petitions will be dismissed.
ORDER
On the basis,of the above agreement, and pursuant to Section 10,
subdivision (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that the Mutual-Sunset Lamp
Manufacturing Company, its officers, agents, successors and assigns,
shall take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
1. Upon request bargain collectively with the International
Brotherhood of Electrical Workers, Local No. 3, as the exclusive
representative of all its employees at its Brooklyn plant, except
supervisory and clerical employees, in respect to rates of pay, wages,
hours of employment and other conditions of employment.
2. Post for a period of thirty (30) days, in conspicuous places
in its Brooklyn plant, a sufficient number of notices to its employees,
signed by it and reading as follows :
a. The employees of this Company have the right to self -organiza-
tion, to form, join or assist labor organizations, to bargain collec-
tively with representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or other
mutual aid or protection ;
b. No employee will be discriminated against in regard to the
hire, or tenure of employment or any term or condition of employ-
ment for the purpose of encouraging or discouraging membership in
any labor organization.
DISMISSAL OF PETITION AND AMENDED PETITION
The Mutual-Sunset Lamp Manufacturing Company having
agreed to bargain collectively concerning rates of pay, wages, hours,
and other working conditions, with the International Brotherhood
6 Prior to the above statement , counsel for the Board remarked that the Union was also
withdrawing its charge as to Joseph Ancerino , the only other employee named in the
complaint , for the reason that he had disappeared and his whereabouts were unknown.
49446-38-vol. 11I-30
454 NATIONAL LABOR RELATIONS BOARD
of Electrical Workers, as the exclusive representative of all of
its employees at its Brooklyn plant, except supervisory and clerical
employees, and it appearing by virtue of such agreement that a
question affecting commerce concerning the representation of such
employees no longer exists, the National Labor Board, pursuant to
Article III, Section 8 of National Labor Relations Board Rules
and Regulations-Series 1, as amended, directs that the petition
and amended petition, respectively, filed by the International
Brotherhood of Electrical Workers, Local No. 3, with the Regional
Director for the Second Region, on May 11, 1937, and July 8, 1937,
be, and they hereby are, dismissed.
MR. EDWIN S. SMITH took no part in .the consideration of the
above Decision and Order.