Sterling Corset Co., Inc.

National Labor Relations Board - Board Decisions

Dec 18, 1939

18 N.L.R.B. 402 (N.L.R.B. 1939)

In the Matter of STERLING CORSET CO., INC. AND UNIVERSAL BRASSIERE
& JUSTRITE CORSET CO., INC. and INTERNATIONAL LADIES' GARMENT
WORKERS' UNION, LOCAL 85
Case No. C-653
Ladies' Garment Manufacturing Industry/-Supplemental Decision and Order:
order modified pursuant to stipulation.
SUPPLEMENTAL DECISION AND ORDER
December 18, 1939
On November 15, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in the above-entitled
proceeding., Thereafter the Board filed with the United States Cir-
cuit Court of Appeals for the Third Circuit a petition for enforce-
ment of its Order, dated October 26, 1939, and International Ladies'
Garment Workers' Union filed with the same Court a petition of
intervention in the proceeding. On November 20, 1939, Sterling Cor-
set Co., Inc. and Universal Brassiere & Justrite Corset Co., Inc.;
International Ladies' Garment Workers' Union, Local 85; and counsel
for the Board entered into the following stipulation :
Stipulation
The National Labor Relations Board, having entered its De-
cision and Order on November 15, 1938, in the above entitled
matter, and it being the desire of the parties hereto to dispose
of the matters involved, by mutual agreement :
I. IT IS HEREBY STIPULATED AND AGREED between and among the
Sterling Corset Co., Inc. and Universal Brassiere & Justrite
Corset Co., Inc., respondent herein; International Ladies' Gar-
ment Workers' Union, Local 85; and Weldon P. Monson, at-
torney for the National Labor Relations Board, that :
Upon this stipulation, if approved by the National Labor Re-
lations Board, and upon all proceedings heretofore had in this
matter, and on the record in this case and all the pleadings, the
Board may modify its Order, and so enter it. The Order, as
modified, to read as follows :
19 N. L. R. B. 858.
18 N. L. R. B., No. 59.
402
STERLING CORSET COMPANY, INC . 403
ORDER
Upon the basis of a stipulation and findings of fact and con-
clusions of law, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Sterling Corset Co., Inc. and
Universal Brassiere & Justrite Corset Co., Inc., their respective
officers, agents, successors, and assigns, shall :
1. Cease and desist :
(a) From discouraging membership in the International
Ladies' Garment Workers' Union, Local 85, or any other labor
organization of the employees of the Sterling Corset Co., Inc.
and Universal Brassiere & Justrite Corset Co., Inc. by discrimi-
nating in regard to their hire or tenure of employment or any
other term or condition of employment;
(b) From in any manner interfering with, restraining, or
coercing the employees of Sterling Corset Co., Inc. and Universal.
Brassiere & Justrite Corset Co., Inc. in the exercise of the right
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 and other mutual aid and protection, as
guaranteed in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action :
(a) Offer Edna Abad, Marshall Fielder, Alice Sharin, Marie
Yaggie, Anna Lepinsky, Ronnie Slocum and Melville Shibla im-
mediately upon the approval of this stipulation, full and uncon-
ditional reinstatement to their former positions without prejudice
to their seniority and other rights and privileges ;
(b) Make whole Edna Abad, Caroline Chapman, Alice Sharin,
Marie Yaggie, Anna Lepinsky, Margaret Kurilchyk, Melville
Shibla, and Gladys Poz and those employees of the Sterling
Corset Co., Inc. who went out on strike on April 23, 1937, and
thereafter, by payment to the Regional Director for the Second
Region of a sum of Four Thousand Dollars ($4,000.00) to be dis-
tributed to the persons in the amounts as she shall deem just and
proper; and which sum shall be in full settlement of the amounts
said employees would have earned as wages from the dates of the
terminations of their employment to the date of payment, less
their respective net earn ngs during said period. This sum of
Four Thousand Dollars ($4,000.00) shall be paid over to the
Regional Director for th ^, Second Region as aforesaid, for dis-
tribution in the following manner : $2,000 to be paid immediately
404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon the approval of this stipulation by the Board; the balance
to be paid within sixty (60) days thereafter.
(c) Post immediately in conspicuous places in the plant of
the Sterling Corset Co., Inc. at Belmar, New Jersey, and main-
tain for a period of at least thirty (30) consecutive days, notices
to the employees, stating that the respondent will cease and
desist in the manner aforesaid;
(d) Notify the Regional Director for the Second Region, in
writing, within ten (10) days from the date of this Order what
steps the respondent has taken to comply herewith.
II. The parties hereto agree that in the event that any terms
of the aforesaid Order are not complied with the Board may re-
voke its Order and this stipulation, and these proceedings will
then be revived.
III. Respondent, Sterling Corset Co., Inc., and the Interna-
tional Ladies' Garment Workers' Union hereby waive the making
of further findings of fact in this matter.
IV. It is understood and agreed that the respondent, Sterling
Corset Co., Inc., by entering into these presents does so volun-
tarily and without admission of the commission of unfair labor
practices.
V. It is further understood and agreed that this stipulation
embodies the entire agreement between the parties and that there
is no verbal agreement of any kind which varies, alters or adds
to this stipulation; and these proceedings are terminated by
compliance with the terms of this stipulation and Order.
VI. It is further understood and agreed that this stipulation
shall not become effective unless and until approved by the
National Labor Relations Board, and that it shall become
effective and binding immediately upon such approval.
On November 27, 1939, the Board issued its Order approving the
above stipulation and making it part of the record herein. On De-
cember 4, 1939, the United States Circuit Court of Appeals for the
Third Circuit granted the Board's motion for leave to withdraw,
without prejudice, its petition for enforcement, together with the-
entire certified record.
Upon the basis of the above stipulation and the entire record in
the case, and pursuant to Section 10 (c) and (d) of the National
Labor Relations Act, 9 Stat. 449, the Board hereby modifies its
Orders, issued on November 15, 1938, to read as follows :
STERLING 001RSRT COMPANY, INC. 405
ORDER
Upon the basis of a stipulation and findings of fact and conclusions
of law, and pursuant to Section 10 (c) of. the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
the respondent, Sterling Corset Co., Inc. and Universal Brassiere &
Justrite Corset Co., Inc., their respective officers, agents, successors,
and assigns, shall :
1. Cease and desist :
(a) From discouraging membership in the International Ladies'
Garment Workers' Union, Local 85, 'or any other labor organization
of the employees of the Sterling Corset Co., Inc. and Universal
Brassiere & Justrite Corset Co., Inc. by discriminating in regard to
their hire or tenure of employment or any other term or condition
of employment;
(b) From in any manner interfering with, restraining, or coercing
the employees of Sterling Corset Co., Inc. and Universal Brassiere
& Justrite Corset Co., Inc. in the exercise of the right to self-organ-
ization, to form, join, or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to engage
in concerted activities for the purpose of collective bargaining and
other mutual aid and protection, as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action :
(a) Offer Edna Abad, Marshall Fielder, Alice Sharin, Marie
Yaggie, Anna Lepinsky, Ronnie Slocum and Melville Shibla immedi-
ately upon the approval of this stipulation, full and unconditional
reinstatement to their former positions without prejudice to their
seniority and other rights and privileges ;
(b) Make whole Edna Abad, Caroline Chapman, Alice Sharin,
Marie Yaggie, Anna Lepinsky, Margaret Kurilchyk, Melville Shibla,
and Gladys Poz and those employees of the Sterling Corset Co., Inc.
who went out on strike on April 23, 1937, and thereafter, by payment
to the Regional Director for the Second Region of a sum of Four
Thousand Dollars ($4,000.00) to be distributed to the persons in the
amounts as she shall deem just and proper, and which sum shall be in
full settlement of the amounts said employees would have earned as
wages from the dates of the terminations of their employment to the
date of payment, less their respective net earnings during said period.
This sum of Four Thousand Dollars ($4,000.00) shall be paid over
to the Regional Director for the Second Region as aforesaid, for
distribution in the following manner: $2,000 to be paid immediately
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon the approval of this stipulation by the Board; the balance to be
paid within sixty (60) days thereafter;
(c) Post immediately in conspicuous places in the plant of the
Sterling Corset Co., Inc. at Belmar, New Jersey, and maintain for
a period of at least thirty (30) consecutive days, notices to the
employees, stating that the respondent will cease and desist in the
manner aforesaid;
(d) Notify the Regional Director for the Second Region, in writ-
ing, within ten (10) days from the date of this Order what steps
the respondent has taken to comply herewith.