Ronnie Dress Co.

National Labor Relations Board - Board Decisions

Jun 24, 1941

32 N.L.R.B. 1094 (N.L.R.B. 1941)

In the Matter of RONNIE DRESS Co.; Louis WOKE, LILLIAN KRAVITZ
AND KATE KRAVITZ WoLFE, INDIVIDUALLY AND AS PARTNERS, DOING
BUSINESS UNDER THE FIRM NAME AND STYLE OF RONNIE DRESS CO.
and SOUTH JERSEY JOINT BOARD, INTERNATIONAL LADIES' GARMENT
WORKERS UNION
Case No. C-1891.-Decided June 24, 1941
Jurisdiction : ladies' dress manufacturing industry.
Settlement : stipulation providing for compliance with the'Act
Remedial Orders : entered on stipulation:
Mr. Jerome I. Mach, for the Board.
Mr. Fred A. Gravino and Mr. Charles C. Cotton, of Woodbury,
N. J., for the respondent.
Isserman, Isserman, and Kapelsolvn, by Mr. Morris Isserman, of
Newark, N. J., for tlie'Union.
Mr. Louis'F. Di Nicolo, of Pennsgrove, N. J., for the Independent.
Mr. Herb ert'Shenkin, of counsel to the Board.
DECISION,'
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by South Jersey Joint Board, International
Ladies' Garment Workers Union, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the Regional
Director for the Fourth Region (Philadelphia, Pennsylvania), issued
its complaint dated March 6, 1941, against Ronnie Dress Co., Louis
Wolfe, Lillian Kravitz and Kate Kravitz Wolfe, individually and as
partners, doing business under the firm name and style if Ronnie
Dress Co., herein called the respondents, alleging that the respondents
had engaged and were engaging' in unfair 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 and notice of hear-
ing thereon were duly served upon the respondents, the Union and the
Independent Workers of Salem County, herein called the Independent.
32 N. L. R B, No. 168.
1094
RONNIE DRESS - COMPANY 1095
The complaint alleged, in substance, that the respondents had (1)
dominated and interfered with the formation and administration of
the Independent and had contributed various forms of support to it;
(2) discharged 2 employees, and refused to rehire 23 other employees
after a strike, because of their membership in and activities,in, behalf
of the Union; (3) refused to bargain collectively with the Union as
the exclusive representative of respondents' employees in an appro-
priate unit, although a majority of such employees had designated the
Union as their representative; and (4) thereby, and in various other
ways, interfered with, restrained, and coerced their employees in the
exercise of the rights guaranteed in Section 7 of the Act. The re-
spondents filed an answer in which they denied having committed
unfair labor practices as alleged in the complaint.
Pursuant to amended notice, a hearing was held at Pennsgrove, New
Jersey, between March 27 and April 9, 1941, before William P. Webb,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Board,- the respondents, the Union, and the Independent were
represented by counsel and participated in the hearing.
On April 23, 1941, the respondents, the Union; the Independent, anct
counsel for the Board entered into a stipulation, and on May 27, 1941,
a supplemental stipulation," in settlement of the case. The stipulation,
as supplemented, provides as follows :
It is hereby stipulated and agreed by and between Louis Wolfe,
Lillian Kravitz, Kate Kravitz Wolfe, Ronnie Dress Co., and
Ronnie Dress Co., Inc., respondents herein; South Jersey Joint
Board, International Ladies' Garment Workers Union, a party
herein; Independent Workers of Salem County, aparty herein;
and Jerome I. Macht, Attorney for the National Labor Relations
Board, that :
- I. Upon charges duly filed by the South Jersey Joint Board,
International Ladies' Garment Workers Union, the National Labor
Relations Board, by the Regional Director for the Fourth Region,
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, as amended, Article IV, Section 1, issued
its complaint on the 6th day of March, 1-941, against Ronnie Dress
Co.; Louis Wolfe, Lillian Kravitz and Kate Kravitz Wolfe,,
individually and as partners, doing business under the firm name
and style of Ronnie Dress Co., and on March 27, 28, 31, April 1,
2, 4, 7, 8, and 9, 1941, a hearing before a Trial Examiner was
duly held pursuant to said Act and Rules and Regulations.'
The supplemental stipulation made minor coirections in the original stipulation.
1096 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. Ronnie Dress Co. is a corporation organized and existing
by virtue of the laws of the State of New Jersey, having its prin-
cipal office and place of business in1Pennsgrove; New Jersey, where
it is engaged in the manufacturing, processing, selling and dis-
tribution of ladies' dresses. Louis- Wolfe is and has at all times
been the general manager acting in the interest of Ronnie Dress
Co. and in its behalf. ' Said Ronnie Dress Co. and said Louis
Wolfe are hereinafter referred to as Respondents.
III. Respondents, in the course and conduct of their business at
the Pennsgrove plant, use, among other things, the following
principal raw materials : Cotton, rayon, trimmings, goods, and
other types of cloth. The total amount of said raw materials
received by respondents at the Pennsgrovet plant for thea'period
commencing January, 1940, to and including March, 1941, was
approximately $300,000. The respondents in the course and con=
duct of their business cause and have continuously caused approxi-
mately' 90 per cent of said raw materials to be transported in
interstate commerce from and through States of the United States
other than the State of New Jersey,' to their .Pennsgrove plant in
the State of New Jersey, and there these raw materials are manu-
factured and processed by the respondents into the products
enumerated in paragraph II above.
IV. Respondents manufacture and process the products set
forth in paragraph II above at the Pennsgrove plant and cause
and have continuously caused approximately 90 per cent of these
products produced and processed by them to be sold and trans-
ported in interstate commerce from the Pennsgrove plant to, into
and through States of the United States other than the State of
New Jersey. The total amount of products manufactured, proc-
essed, sold and distributed by the respondents at the Pennsgrove
plant for the period commencing January, 1940, to and including
March, 1941, was approximately $550,000, amounting to
approximately 150,000 dresses.
V. Respondents are engaged in interstate commerce within the
meaning of the National Labor Relations Act, and the decisions of
the United States Supreme Court thereunder.
VI. The South. Jersey Joint Board, International Ladies' Gar-
ment Workers Union, hereinafter called the Union, and the In-
dependent works of Salem County, hereinafter called the Inde-
pendent, are labor organizations within the meaning of Section 2,
subdivision (5), of the National Labor Relations Act.
VII. All the employees of the respondents in the Pennsgrove
plant, excepting foremen, foreladies, management and other super-
visory and office employees, in order to insure to the employees the
RONNIE DRESS COMPANY 1097
full benefit of their right to self-organization and to collective
bargaining, and otherwise to effectuate the policies of the Act, at
all times herein mentioned constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of said Act.
VIII. In and during January, February and March, 19,40, and
at all times thereafter, a majority of the employees in the unit set
forth in paragraph VII above •had designated the Union as their
representative for the purposes of collective -bargaining with re-
spondents, and since said dates the Union has been the exclusive
representative of all the employees in said unit by virtue of
Section 9 (a) of the Act.
IX. This stipulation, together with the Third Amended Charge,
Complaint, Notice of Hearing, and Rules and Regulations, Series
2, as amended, of the National Labor Relations Board, and the
designation of the Trial Examiner shall constitute the entire rec-
ord herein, and this stipulation may be admitted in evidence by
filing it, with the National Labor Relations Board in Washing-
ton, D. C.
X. All the parties hereto waive their right to the making of
findings of fact and conclusions of law by the National Labor Re-
lations Board, pursuant to the provisions of the National Labor
Relations Act, and to any other or further procedure before said
Board.
XI. Upon the record herein, as set forth in paragraph IX above,
and upon this stipulation, if approved by the National Labor Re-
lations Board, an order may be entered by the Board providing as
follows :
Respondents, Louis Wolfe, and Ronnie Dress Co., their officers,
agents, successors and assigns, shall :
1. Cease and desist from :
(a) Dominating or interfering with the administration of the
labor organization know as Independent Workers of Salem
County, or with the formation or administration of any other
labor organization of their employees, or contributing financial
or other support to said Independent Workers of Salem County,
or to any other labor organization of their employees;
(b) Discouraging membership in the South Jersey Joint Board,
International Ladies" Garment Workers Union, or any other labor
organization of their employees by, in any manner, questioning
their employees concerning their union activities, speeches, meet-
ings in the plant, threatening, coercing, advising, or urging their
employees to cease activities in behalf of South Jersey Joint
Board, International Ladies' Garment Workers Union;
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Discouraging membership in the South Jersey Joint Board,
International Ladies' Garment Workers Union, or any other labor
organization of their employees , or encouraging membership in
Independent Workers of Salem County or any other labor organi-
zation of their employees by in any manner discriminating against
their employees in regard to their hire and tenure of employment
or any term or condition , of their employment;
(d) Recognizing the Independent Workers of Salem County
as the representative of any of their employees for the purpose
of dealing with the respondents concerning grievances , labor dis-
putes, wages , rates of pay , hours of employment , or other condi-
tions of employment;
(e) Refusing to bargain . collectively with the South Jersey
Joint Board , International Ladies' Garment Workers Union as
the exclusive representative of all of their employees in the
Pennsgrove plant, excepting foremen, foreladies , management
and other supervisory and office employees;
(f) In any other manner interfering with, restraining, or co-
ercing their employees in the exercise of their rights to self-organi-
zation, to form, join, or assist labor organizations , to bargain col-
lectively through representatives of their- own choosing, and to
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 :
(a). Withdraw all recognition from Independent Workers of
Salem County as representative of any of their employees for
the purposes of dealing with the respondents with respect to
grievances , labor disputes , wages, rates of pay, hours of employ-
ment, or other conditions of employment , and completely disestab-
lish said Independent Workers of Salem County as such repre-
sentative;
(b) Upon application offer to Nancy Allison, Agnes Susnick,
Mary Slusonski , Anita Slusonski , Mary Crescenzi , Rose Disantis,
Milly Carroll , Alice Graham, Sara Carty, Maggie Lerro, Agnes
Leonardi, Agnes Kerr, Ells, Wilson, Mary Romano, Alice Ash,
Rebecca Holman, Elizabeth Rappa, Lillian Gilbert , Emily Barra-
cliffe, Pearl Carlone, Helen Jackson, Kathryn Hyland, Rose Lerro,
Florence Talley, and Filomena Gabriel immediate and full rein-
statement to their former positions without loss of seniority
and without prejudice to their rights and privileges previously
enjoyed by them ;
(c) Upon request bargain collectively with the South Jersey
Joint Board, International Ladies ' Garment Workers Union as
RONNIE DRESS ' COMPANY 1099
the exclusive representative of all of their employees in the Penns-
grove plant, excepting foremen, foreladies, management and other
supervisory and office employees ;
(d) Immediately,post notices in conspicuous places throughout
the plant and maintain such notices for a period of sixty (60)
consecutive days stating: (1) That the respondents will ndt engage
in the conduct from which they are ordered to cease and desist
in paragraph 1 (a), (b), (c), (d), (e) and (f) of this order; and
(2) That the respondents will take the affirmative, action as set
forth in paragraph 2 (a), (b) and (c) of this order;
(e) Notify the Regional Director for the Fourth Region in
writing within ten (10) days from the-date of this order the steps
respondents have taken to comply herewith.
AND IT IS FURTHER ORDERED, that the complaint be, and it hereby
is dismissed insofar as it relates to Lillian Kravitz and Kate
Kravitz Wolfe as individuals and partners doing business under
the firm name and style of Ronnie Dress Co.
XII. The respondents hereby consent to, the entry by the
United States Circuit Court of Appeals for the Third Circuit,
upon application by the National Labor Relations Board, of a,
consent decree enforcing an order of the Board in the form
hereinabove set forth.
XIII. It is stipulated and agreed that the respondents will/
comply with the provisions set forth above in paragraphs XI,
1 and 2, immediately upon approval of this stipulation by the
Board.
XIV. It is further stipulated and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
XV. 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 June 7, 1941, the Board issued its order approving the stipula-
tions, making them a part of the record in the case, and transferring
the proceeding to the Board for the purpose of entering a decision
and order by the Board, pursuant to the provisions of the stipulations.
Upon the basis of the above stipulations and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
The respondent Ronnie Dress Co. is a New Jersey corporation with
its principal office and place of business in Pennsgrove, New Jersey,
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
where it is engaged in the manufacture, processing, sale , and dis-
tribution of ladies' dresses. For the 15-month period preceding
April 1941, the respondent Ronnie Dress Co. used approximately
$300,000 worth of raw materials in the conduct of its business.
Approximately 90 per cent of these raw materials,were shipped to
the Penrisgrove plant from points outside the State of New Jersey.
For the same 15 months, the gross sales of the respondent Ronnie Dress
Co. amounted to approximately $550,000, of which about 90
per cent represented shipments to points outside the State of New
Jersey.
Respondent Louis Wolfe is the general manager of the respondent
Ronnie Dress Co., and has at all material times acted in the interest
of respondent Ronnie Dress Co. He • is an employer, within the
ineanilig of -Section 2-"(2) of the Act,, of the employees of respondent
Ronnie Dress Co.2 I I
. F,
We find that: the above described operations of. the respondent
Ronnie Dress Co. constitute a, continuous flow of trade, traffic, and
commerce among the several States within the meaning of Section 2
(6) of the Act.
II. THE ORGANIZATIONS INVOLVED
The South Jersey Joint, Board, International Ladies' Garment
Workers Union, affiliated with the American Federation of Labor,
and the Independent Workers of Salem County, unaffiliated, are labor
organizations. within the meaning of Section 2 (5) of the National
Labor Relations Act.
ORDER
'Upon the basis of the above findings of fact, the stipulations and
t he 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 Louis Wolfe and Ronnie Dress,
Co., and each of them, and their officers, agents, successors, and assigns,
shall :
1. Cease and desist from :
(a) Dominating or interfering with the administration of the
labor organization known as Independent Workers of Salem County,
or with the formation or administration of any other labor organiza-
tion of their employees, or contributing financial or other support to
said Independent Workers of Salem County, or to any other labor
organization of their employees; '
Respondents. Lillian Kravitz and Kate Kravitz Wolfe are officers and stockholders
of respondent Ronnie Dress Co.
BONNIE DRESS COMPANY
(b) Discouraging membership in the South Jersey Joint Board,
International Ladies' Garment Workers Union, or any other labor
organization of their employees by, in any manner, questioning their
employees concerning their union activities, speeches, meetings in
the plant, threatening, coercing, advising, or urging their employees
to cease activities in behalf of South Jersey Joint Board, International
Ladies' Garment Workers Union;
(c) Discouraging membership in the South Jersey Joint Board,
-International Ladies' Garment Workers Union, or any other labor
organization of their employees, or encouraging membership in Inde-
pendent Workers of Salem County or any other labor organization of
their employees by in any manner discriminating against their em-
ployees in regard to their hire and tenure of employment or any term
or condition of their employment;. ,
(d) Recognizing the Independent. Workers of Salem County as the
representative of, any of their employees for the purpose of dealing
with the respondents concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or other conditions of employment;
(e) -Refusing to bargain collectively with the South Jersey Joint
Board, International Ladies' Garment Workers Union as the exclusive
representative of all of their employees in the Pennsgrove plant, ex-
cepting foremen, foreladies, management and other supervisory and
office employees;
(f) 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 or protection, as guaranteed in Section 7 of the National Labor
Relations Act. -
2. Take the following affirmative action :
(a) Withdraw all recognition from Independent Workers of Salem
County as representative of any of their employees for the purposes
of dealing with the respondents with respect to grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other conditions
of employment; and completely disestablish said Independent Workers
of Salem County as such representative;
(b) Upon application offer to Nancy Allison, Agnes Susnick, Mary
Slusonski, Anita Slusonski, Mary Crescenzi, Rose Disantis, Milly
Carroll, Alice Graham, Sara Carty, Maggie Lerro, Agnes Leonardi,
Agnes Kerr, Ella Wilson, Mary Romano, Alice Ash, Rebecca Holman,
Elizabeth Rappa, Lillian Gilbert, Emily Barracliffe, Pearl Carlone,
Helen Jackson, Kathryn Hyland, Rose Lerro, Florence Talley, and
Filomena Gabriel immediate and full reinstatement to their former
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
positions without loss of seniority and without prejudice to their
rights and privileges previously enjoyed by them;
(c) Upon request bargain collectively with the South Jersey Joint
Board, International Ladies' Garment Workers Union as the exclu-
sive representative of all of their employees in the Pennsgrove plant,
excepting foremen, foreladies, management and other supervisory and
office employees;
(d) Immediately post notices in conspicuous places throughout the
plant and maintain such notices for a period of sixty (60) consecu-
tive days stating: (1) That the respondents will not engage in the
conduct from which they are ordered to cease and desist in paragraph
1 (a), (b), (c), (d), (e) and (f) of this order; and (2) That the
respondents will take the affirmative action as set forth in paragraph
2 (a), (b) and (c) of this Order;
(e) Notify the Regional Director for the Fourth Region in writing
within ten (10) days from the date of this order the steps respondents
have taken to comply herewith.
AND IT IS FURTHER ORDERED, that the complaint be, and it hereby is
dismissed insofar as it relates to Lillian Kravitz, and Kate Kravitz
Wolfe as individuals and partners doing business under the firm name
and style of Ronnie Dress Co.