Rex Textile

National Labor Relations Board - Board Decisions

Sep 11, 1939

15 N.L.R.B. 170 (N.L.R.B. 1939)

In the Matter of IRVING ZISBLATT, DOING BUSINESS UNDER THE TRADE
NAME AND STYLE OF REX TEXTILE and AMERICAN FEDERATION OF
LABOR
Case No. C-1337.Decided September 11, 1939
Textile Manufacturing Industry-Settlement: stipulation provides for coin-
'pliance with the Act, including disestablishment of and abrogation of contract
with company-dominated union-Order: entered on stipulation.
Mr. Millard L. Midonick, for the Board.
Mr. Thomas L. Parsomniet, of Newark, N. J., for the Union.
Mr. Abraham Brenm.an, of Paterson, N. J., for the respondent.
Mr. Ray Johnson , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the American
Federation of Labor, 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 on
May.24, 1939 , and its amended complaint on June 5, 1939 , against
Irving Zisblatt, doing business under the trade name and style of
Rex Textile ,' Asbury Park, New Jersey, herein called the respondent,
alleging that the 'respondent had engaged in and was engaging in un-
fair labor practices affecting commerce within the meaning of Section
' 8 (1), (2), (3 ), 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 , amended complaint , notice of hearing thereon, and
notices of postponement were duly served upon the respondent, the
Union, and Rex Textile Workers Association of Asbury Park, Incor-
porated, herein called the Association , a labor organization allegedly
dominated and supported by the respondent . On June 7, 1939, the
respondent filed its answer to the complaint , and on June 15, 1939,
its answer to the amended complaint , in both of which it either denied
'Incorrectly designated in the complaint as Rex Textiles and amended during the
hearing.
15 N. L. R. B., No. 22.
170
IRVING ZISBLATT 171
or professed no knowledge of the allegations in the complaint. On
Jule 15, 1939, the Board served notice upon the respondent, the Union,
and the Association that a motion would be made at the hearing to
amend the amended complaint.
Concerning the unfair labor practices, the complaint as amended
alleged in substance that the respondent initiated, formed, and spon-
sored the Association and thereafter dominated, interfered with, and
contributed support to the administration thereof ; that the respondent
discharged and refused to reinstate Minnie Ponessa, Joe Ponessa,
Mildred Pilot, John Manna, Daniel Berardesco, Ernest Scarpino,
Jennie Carbe, and Joseph Pinelli because they joined and assisted the
Union and refused to join and assist the Association, and because they
engaged in other concerted activities for the purposes of collective
bargaining and other mutual aid and protection; that on December
17, 1938, a majority of employees in the appropriate unit designated
the Union as their representative for the purposes of collective bar-
gaining; and that on December 17, 1938, and at all times thereafter,
the respondent refused to,bargain collectively with the Union as the
exclusive representative of all the employees in the appropriate unit;
and that the respondent, by the afore-mentioned acts and by urging,
persuading, and warning its employees to refrain from becoming or
remaining members of the Union, threatening its employees with dis-
charge and other reprisals if they became or remained members of
the Union, by keeping under surveillance the meetings and meeting
places of union members, by forcing and coercing employees to sign
papers withdrawing their applications for membership in the Union
and to withdraw their designations authorizing the Union to repre-
sent them, by disparaging the Union,'and by making anti-union state-
ments, interfered with, restrained, and, coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing was held on June 26, 27,.28, and 30,
and July 5, 6, 7, 11, and 12, 1939, at Asbury Park, New Jersey, before
Mapes Davidson, the Trial Examiner duly designated by the Board.
The Board, the respondent, and the Union were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
During the hearing, on July 12, 1939, the Trial Examiner received
in evidence a stipulation in settlement of the case, entered into by the
respondent, the Union, and counsel for the Board. This stipulation
provides as follows :
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
STIPULATION
It is hereby stipulated and agreed by and between Irving
Zisblatt, doing business under the name and style of Rex Textile,
hereinafter called the respondent ; American Federation of Labor,
hereinafter 'called the. Union; and Millard L. Midonick, attorney
for the National Labor Relations Board, Second Region, that :
I.' 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 1, as amended, Article IV, Section 1, issued'
its complaint on the 24th day of May 1939, and issued its amended
complaint on the 5th day of June 1939 , against the respondent.
On the 26th day of ' June 1939 , the' said amended complaint'was
duly amended at the hearing in the above entitled matter in
accordance with a notice' of motion ' dated June 15, 1939.
II. A copy of the complaint , amended complaint , and the afore'
'mentioned notice of motion to amend the amended complaint, and
notice of hearing thereon , were duly served upon the respondent,
the Union , and Rex Textile 'Workers Association of Asbury Park,
hereinafter called the Association , a labor organization alleged
in the complaint to have been dominated by the respondent.
" entitled matter.
IV. The respondent has been doing business for approximately
two years under the name and'style of Rex'Textile , having his
principal office and place of business at Second Avenue and Lang-
ford Street, in the City'of'Asbury Park, MonmouthCounty, New
Jersey , hereinafter called ' the Asbury Park " Plant, and having
been continuously engaged. in the manufacture of silk textiles and
silk and'rayon textiles.
V."The respondent in the course , aiid conduct of his business at
the Asbury Park Plant clueing the year 1938 manufactured silk
greige goods and silk and rayon greige goods, averaging approxi-
mately 55 inches in width and amounting approximately to 800,000
yards in length. Greige goods designates undyed textiles.
VI. The respondent in the course and conduct of his business
at the Asbury Park Plant purchased during, the year 1938 rayon'
raw materials valued at' approximately $40,000. and silk raw
.materials valued at approximately $150,000.
Approximately all of the rayon raw materials used by the
respondent at his Asbury Park Plant dtiring the year 1938 was
shipped directly to the Asbury Park Plant from the State of
Tennessee.
III. The Association has 'hot moved to intervene,-in the above
IRVING ZISBLATT . 173
Approximately all of the silk raw materials used by the re-
spondent at his Asbury Park Plant during the year 1938 origi-
nated in Japan and was shipped to a warehouse in Hoboken,
New Jersey, as the property of an importing corporation whose
principal office and place of business has been and is located in
the State of New York. The respondent placed his orders for
the said silk raw materials at the said New York office of the
said importing corporation. The said importing corporation
shipped the said raw silk materials from the said Hoboken, New
Jersey, warehouse to the respondent's Asbury Park Plant.
VII. The respondent in the course and conduct of his business
at the Asbury Park Plant obtains orders for his finished product
from customers all of whom have principal offices in New York
City where the said orders are obtained. The respondent there-
upon manufactures at the Asbury Park Plant the textiles which
have been ordered and ships the product at the instructions of
the respective customers and for their account, to dye companies.
The majority of the respondent's finished product is dyed at
plants in Paterson, New Jersey; a substantial amount of the
respondent's finished product is shipped directly to points in
the State of New York for dying. Not less than 50% of the
respondent's goods which are dyed in Paterson, New Jersey, are
immediately transshipped after being dyed to the respondent's
customers in the State of New York. The time interval between
the shipment of the finished product from the respondent's Asbury
Park Plant until the receipt of the product, after having been
dyed, at the New York plants of the respondent's customers,
amounts on an average to approximately one week.
VIII. The respondent in the course and conduct of his business
at the Asbury Park Plant, employs an average of approximately
65 workers.
IX. The respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act and the Con-
stitution of the United States.
.X. The American Federation of Labor is a labor organization
within the meaning of Section. 2, subdivision (5), of the National
Labor Relations Act.
XI. Rex Textile Workers Association of Asbury Park is a
labor organization within the meaning of Section 2, subdivision
(5), of the National Labor Relations Act.
XII. The respondent and the Union hereby waive in the above
entitled matter the right to further hearing, to the taking of
further testimony or other evidence before a trial examiner, and
to the making of findings of fact and conclusions by the Board
pursuant to the provisions of the National Labor Relations Act-
174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
XIII. This stipulation may be introduced into the record in
the above entitled matter by filing it with Mapes Davidson, the
Trial Examiner duly designated by the Board to conduct the
hearing in the above entitled matter, or with the Chief Trial
Examiner of the National Labor Relations Board at Washington,
D. C.
XIV. The American Federation .of Labor hereby requests per-
mission to withdraw its charges in the above-entitled inatter
insofar as they allege that the respondent discriminated in regard
to the hire and tenure of employment of Minnie Ponessa, Joe
Ponessa, Mildred Pilot, John Manna, Daniel Berardesco, Ernest
Scarpino, Jennie Carbe and Joseph Pinelli, and insofar as they
pertain to the refusal by the respondent to bargain collectively
at the present time with the American Federation of Labor within
the meaning of Section 8 (5) of the Act.
XV. This stipulation is subject to the approval of the National
Labor Relations Board.
XVI. It is further stipulated by and between the parties to
this stipulation that upon the entire record in the above-entitled
proceeding, including this stipulation, the Board may forthwith
enter the Order set forth below, and that upon application by
the Board, without further notice to the respondent, the United
States Circuit Court of Appeals for the Third Circuit, or any
other appropriate court as provided in Section 10 (e) of the
National Labor Relations Act, may enter a decree enforcing said
Order of the Board, and that the respondent hereby expressly
waives his right to contest the entry of such a decree. The Order
referred to above shall provide as follows :
The respondent, Irving Zisbla.tt, doing business tinder the name
and style of Rex Textile, his officers, agents, successors, and
assigns, shall:
1. Cease and desist from :
(a) Dominating or interfering with the administration of Rex
Textile Workers Association of Asbury Park or with the forma-
tion or administration of any labor organization of his employees,
and from contributing financial and other support to Rex Textile
Workers Association of Asbury Park or to any other labor organ-
ization of his employees;
(b) Giving effect to its contract of January 5, 1939, with Rex
Textile Workers Association of Asbury Park;
(c) In any other manner interfering with, restraining or coerc-
ing his employees in the exercise of their right to self-organiza-
tion, to form, join or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
IRVING ZISBLATT -175
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.
2. Take the following affirmative action which the Board finds
will effectuate the purposes of the Act:.
(a) Withdraw all recognition from Rex Textile Workers Asso-
ciation of Asbury Park as the representative of any of his em-
ployees for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, hours of employment and other
conditions of employment, and completely disestablish Rex Tex-
tile Workers Association of Asbury Park as such representative;
(b) Inform in writing the officers of Rex Textile Workers As-
sociation of Asbury Park, party to the contract of January 5,
1939, that the respondent will not in any manner deal with or
recognize Rex Textile Workers Association of Asbury Park or
give effect to the said contract of January 5, 1939;
(c) Post immediately notices to his employees in conspicuous
places in his Asbury Park Plant, and maintain such notices for
a period of at.least sixty (60) consecutive days, stating: (1) that
the respondent will cease and desist in the manner .aforesaid, and,
(2) that the respondent withdraws and will refrain from all
recognition of Rex Textile Workers Association of Asbury Park
as a representative of any of its employees and completely dis-
establishes, it as such representative;
(d) 'Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of the entry of this
Order by the Board what steps the respondent has taken to comply
therewith.
It is further ordered that the amended complaint, as amended,
insofar as it alleges that the respondent discriminated in regard
to the hire and tenure of employment of .Minnie Ponessa, -Joe
Ponessa, Mildred Pilot, John Manna, Daniel Berardesco, Ernest
Scarpino, Jennie Carbe and Joseph Pinelli, within the meaning
of Section 8 (3) of the Act, be, and it hereby is, dismissed.
And it is further ordered that the amended complaint, as
amended, insofar as it pertains to the refusal by the respondent
to bargain collectively at the present time with the American
Federation of Labor, within the meaning of Section 8 (5) of the
Act, be, and it hereby is dismissed.
XVII. It is expressly understood that the terms of this stipu-
lation contain the entire agreement of the parties hereto with
respect to the entry of a court decree enforcing the Order set
forth above, and it is further understood that, in the event this
stipulation is approved by the Board, there is no verbal or other
176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement of any kind which in substance or effect in any way
restricts the privilege of the Board to petition forthwith for the
entry of a decree by a court enforcing said Order.
On August 2, 1939, the Board issued its Order approving the
above stipulation and making it part of the record in the case.
Upon the above stipulation and the entire record in the case,. the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Irving Zisblatt, doing business under the name and style of Rex-
Textile, has his principal office and place of business in Asbury Park,
New Jersey, where he engages in the manufacture of undyed silk
and silk and rayon textiles. The respondent employs an average of
65 persons.
During the year 1938, the respondent purchased rayon raw ma-
terials valued at approximately $40,000, and silk raw'materials valued
at approximately $150,000. Approximately all the rayon raw ma-
terials were shipped directly to the respondent's plant from the State
of Tennessee. Approximately all of the silk raw materials are pur-
chased by the respondent in the State of New York and are imported
from Japan by the seller, a New York corporation, and warehoused
by it in the State of New Jersey until sale and ' delivery to the
respondent.
The respondent manufactures all his textiles upon orders from
customers having their principal offices in New York City, and
ships the textiles to dye companies for the accounts of the customers
and at their instructions. The majority of the textiles are shipped
to dye plants in Paterson, New Jersey, and not less than 50 per cent
of such textiles are immediately transshipped, after being dyed, to
customers in the State of New York. A substantial amount of tex-
tiles is shipped directly by the respondent to points in the State of
New York for dyeing.
The respondent" admits that he is engaged in interstate 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.,
ORDER
Upon the basis of the above findings of fact and stipulation, and
upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
IRVING ZISBLATT 177
Board hereby' orders that the respondent, Irving Zisblatt, doing
business under the name and style of Rex Textile, his officers, agents,
successors, and assigns shall :
1. Cease and desist from :
(a) Dominating or interfering with the administration of Rex
Textile Workers Association of Asbury Park or with the formation
or administration of any labor organization of his employees, and
from contributing financial and other support to Rex Textile Work-
ers Association of Asbury Park or, to any other labor organization
of his employees;
(b) Giving effect to its contract of January 5, 1939, with Rex
Textile Workers Association of Asbury Park;
(c) In any other manner interfering with, restraining or co-
ercing his employees in the exercise of their right to self-organiza-
tion, 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.
2. Take the following affirmative action which the Board finds will
effectuate the purposes of the Act :
(a) Withdraw all recognition from Rex Textile Workers Asso-
ciation of Asbury Park as the representative of any of his employees
for the purpose of dealing with the respondent concerning grievances,
labor disputes, wages, hours of employment and other conditions of
employment, and completely disestablish Rex Texile Workers Asso-
ciation of Asbury Park as such representative;
(b) Inform in writing the officers of Rex Textile Workers
Association of Asbury Park, party to the contract of January 5,
1939, that the respondent will not in any manner deal with or recog-
nize Rex Textile Workers Association of Asbury Park or give effect
to the said contract of January 5, 1939;
(c) Post immediately notices to- his employees in conspicuous
places in his Asbury Park Plant, and maintain such notices for a
period of at least sixty (60) consecutive days, stating: (1) that the
respondent will cease and desist in the manner aforesaid, and (2)
that the respondent withdraws and will refrain from all recognition
of Rex Textile Workers Association of Asbury Park as a repre-
sentative of any of its employees and completely disestablishes it
as such representative;
(d) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of the entry of this
Order by the Board what steps the respondent has taken to comply
therewith.
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS FURTHER ORDERED that the amended complaint, as amended,
in so far as it alleges that the respondent discriminated in regard to
the hire and tenure of employment of Minnie Ponessa, Joe Ponessa,
Mildred Pilot, John Manna, Daniel Berardesco, Ernest Scarpino,
Jennie. Carbe, and Joseph Pinelli, within the meaning of Section 8
(3) of the Act, be, and it hereby is, dismissed.
AND IT IS FURTHER ORDERED that the amended complaint, , as
amended, in so far as it pertains to the refusal by the respondent to
bargain collectively at the present time with the American Federa-
tion of Labor, within the meaning of Section 8 (5) of the Act, be,
and it hereby is, dismissed.