Superior Cabinet Corp.

National Labor Relations Board - Board Decisions

Nov 14, 1939

17 N.L.R.B. 689 (N.L.R.B. 1939)

-In the Matter Of SUPERIOR CABINET CORPORATION and FURNITURE
UNION, LOCAL 76-B, OF THE UNITED FURNITURE WORKERS OF AMER-
ICA, C. I. O.
In the Matter of SUPERIOR TABLE NOVELTIES CORPORATION and FURNI-
TURE UNION, LOCAL 76-B, OF THE UNITED FURNITURE WORKERS OF
AMERICA, C. I. O.
-Cases Nos. C-13418 and C-1349, respectively. Decided November
14, 1939
Table and Novelty Furniture Manufacturing Industry-Settlement: stipulation
providing for compliance with the • Act-Order: entered on stipulation.
Mr. Will Maslow and Mrs. Hilda Shea, for the Board.
Mr. Harold H. Teitelbaum, of New York City, N. Y., and Mc-
,Cauley, Spiegelberg, Davis & Gallagher, by Mr. George A. Spiegel-
-berg and Mr. Milton Goldman, of New York City, N., Y., for the
respondents.
Mr. Harry Weinstock, of New York City, N. Y., for the Union.
M. Francis V. Paone, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On December 28, 1938, March 1, 1939, March 21, 1939, and May
D, 1939, separate charges and amended charges were duly filed with
the Regional Director for the Second Region (New York City) by
Furniture Union, Local 76-B, of The United Furniture Workers of
America, C. I. 0., herein called the Union, alleging that Superior
Cabinet Corporation and Superior Table Novelties Corporation,
Brooklyn, New York, herein collectively called the respondents, had
,engaged in and were engaging in unfair labor practices within the
meaning of the National Labor Relations Act, 49 Stat. 449; herein
called the Act. On April 21, 1939, the National Labor Relations
Board, herein called the Board, acting pursuant to Article II, Sec-
tion 37 (b), of National Labor Relations Board Rules and Regu-
17 N. L. R. B., No. 57.
689
690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lations-Series 1, as amended, ordered that the two cases be
consolidated for all purposes. On May 9, 1939, the Board, by the
said Regional Director, issued its complaint against the respondents,,
alleging that the respondents had engaged in 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 Act..
Copies of the complaint, order of consolidation, notice of hearing
thereon, and notice of continuance, were duly served upon the re-
spondents, upon the Union, and upon Superior Table Novelties Em-
ployees Association, and Borough Park Employees Association,.
herein called the Associations, labor organizations allegedly domi-
nated and supported by the respondents.'
Concerning the unfair labor practices, the complaint alleged, in-
substance, that the respondents (1) caused to be formed, dominated,
interfered with the administration of, and gave support to, the As-
sociations; (2) terminated the employment of and refused to rein-
state 37 named employees because they joined the Union and engaged
in concerted' activities with other employees for the purpose of col-
lective bargaining and other mutual aid and protection; (3) that al-
though a majority of the employees in. an appropriate unit had
'designated the Union as their representative' for the purpose of col-
lective bargaining, the respondents refused to bargain' collectively
with the Union; (4) ' that the respondents warned their employees
to refrain from becoming members of the Union; and (5) that the
respondents, by the afore-mentioned activities and by other acts,
interfered with, restrained, and coerced their employees in the exer-
cise of the rights guaranteed in Section 7 of the Act. Thereafter
each of the respondents filed an answer denying the facts alleged,.
and various motions including a motion to dismise.2
Pursuant to notice, a hearing was held on June 5, 6, 7, 8, 9, 12, 13,
14, and 15, 1939, at New York City, New York, before Mapes David-
son, the Trial Examiner duly designated by the Board. The respond-
ents, the Union, and the Board were represented by counsel and
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. During the course of the hearing,
the allegations of the complaint relating to all but one of the em-
ployees allegedly discriminated against were dismissed upon motion
of counsel for the Union.
On August 24, 1939, the Trial Examiner filed his Intermediate
Report finding that the respondent Superior Table Novelties Corpo-
1 The Associations did not intervene in the proceedings.
2 At the hearing counsel for the respondent Superior Cabinet Corporation moved for the
dismissal of the complaint as to this respondent. The Trial Examiner granted the motion.
SUPERIOR CABINET CORPORATION 691
ration had engaged in unfair labor practices affecting commerce
within the meaning of Section 8 (1), (2), and (3) and Section 2 (6)
and (7) of the Act as alleged in the complaint. The Trial Examiner
-recommended that the respondent cease and desist from its unfair
labor practices; offer reinstatement' with back pay to the one named
employee found to have been unlawfully discharged, withdraw all
:recognition from and disestablish the Borough Park Employees
Association as representative of its employees for the purpose of
dealing with it concerning grievances, labor disputes, wages, rates of
pay, hours of employment, and other conditions of employment, and
post notices of its intention to comply with the Act. The Trial Ex-
aminer further recommended that the complaint, in so far as it alleges
.an unlawful refusal to bargain collectively, be dismissed.
On October 4, 1939, the respondents, the Union, and coiuisel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows:
Agreement made this 4th day of October, 1939, by and among
the following parties : Superior Cabinet Corporation, Superior
Table Novelties Corporation; Furniture Union, Local 76-B, of
the United Furniture Workers of America, C..1. 0.; and Will
Maslow, attorney for the Second Region of the National Labor
Relations Board.
Whereas charges and amended 'charges in the above-cap-
tioned proceeding were. duly filed by Furniture Union, Local
76-B, of the United Furniture Workers of America, C. 1.0.,
hereinafter referred to as the Furniture Union, with the Na-
tional Labor Relations Board, hereinafter referred to as the
Board, and
Whereas a complaint in the, above-captioned proceeding was
duly issued and served by the Board on May 9, 1939, and
Whereas a hearing was duly held on said complaint before
a Trial Examiner duly appointed by the National Labor Re-
lations Board, and
Whereas during the hearing, by consent of the parties, the
complaint was amended to add an allegation that Vincent
Ginnti; an employee of Superior Table Novelties Corporation,
• had been discriminatorily discharged in violation of the Na-
tional Labor Relations Act on or about May 17, 1939, and
Whereas an Intermediate Report was duly issued by said
Trial Examiner on August 24, 1939, and
Whereas the parties desire to dispose of the issues set forth
in said, complaint without the necessity of further proceedings
before the Board,
692 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
Now, therefore, it is mutually agreed by all the parties :
1. The parties hereby waive their rights to further proceed-
ings before the Board, to the making of findings of fact and'
conclusions of law by the Board based upon the complaint in`
the above-captioned proceeding.
2. The parties hereby agree to the issuance by the Board,
without further notice and proceedings, of an order, a copy
of which is annexed hereto as Schedule A and made part.
hereof.3
3. The parties hereby consent to an entry by an appropriate-
circuit court-of appeals, without notice of the application there-
for, of an enforcement decree embodying the terms' of the-
Board's Order set forth in Schedule A.
4. The parties hereby consent to the dismissal by the BoarcL
of the paragraphs in the complaint numbered 1, 3, 5, 6, 7, 8,
12, 13, 16, 17.
5. The parties agree that the Furniture Union was not the
bargaining representative of the employees of Superior Table
Novelties Corporation on February 7, 1939, or on any day there-
after down to and including June 15, 1939, the last day of the
above described hearing.
6. Superior Table Novelties Corporation, hereinafter referred'
to as respondent, admits that it is engaged in commerce within:
the meaning of Section 2, subdivisions (6) and (7) of the Na-
tional Labor Relations Act and likewise admits as true the.
allegations in Schedule B, annexed hereto and made part hereof..
SCHEDULE B
Stipulation on commerce.-(1) Superior Table Novelties Cor-
poration, hereinafter referred to as the respondent, is a cor-
poration organized under and existing by virtue of the laws:
of the State of New York and is engaged in the manufacture,..
sale, and distribution of radio cabinets, tables, novelty furni-
ture, and related products. (2) The principal office and manu-
facturing plant of the respondent is located at 3611-14th Ave-
nue, Brooklyn, New York. (3) The principal raw materials;
used in the manufacture of radio cabinets, tables, novelty fur-
niture, and related products are : lumber, veneers, lacquers, and
glassware. (4) From November 18, 1938 to March 1, 1939, re-
spondent purchased $30,250 worth of such materials; approxi-
-mat0y':44IY0 ;of., such raw •materials : were shipped.to the New
York plant of respondent from points outside 'of the State of
New York. (5) From November 18, 1938 to March 1, 1939,
3 The order referred to is set out at the end of this Decision.
SUPERIOR CABINET CORPORATION 693
respondent sold approximately $58,156 worth of finished prod-
ucts; about 15% of such finished products were shipped to
points outside of the State of New York.
7. The parties consent to the dismissal by the Board of all
the allegations in the complaint which charge the Superior
Cabinet Corporation with unfair labor practices.
8. This agreement shall not go into effect unless and until
it has received the approval of the Board.
9. The entire agreement of settlement among the parties is
contained within the terms of this instrument and there is no
verbal agreement of any kind which varies, alters, or adds to
the terms of this agreement.
On October 17, 1939, the Board issued its order approving the,
above stipulation, 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
Superior Table Novelties Corporation is a New York corporation
having its principal office and place of business in Brooklyn, New
York. The company is engaged in the manufacture, sale, and dis-
tribution of radio cabinets, tables, novelty furniture, and related
products.
The principal raw materials used by the respondent are lumber,.
veneers, lacquers, and glassware. The total cost of these raw materials
for the period November 18, 1938, to March 1, 1939, was $30,250, of
which 44 per cent originated outside the State of New. York. The
respondent's sales for the same period amounted to $58,156, of which
15 per cent were shipped to•points outside the State of New York.
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, the stipulation of the
parties, and the entire record in the proceedings, and pursuant to
Section 10 (c) of the National Labor Relations Act, the National
Labor Relations Board hereby orders that Superior Table Novelties
Corporation, its officers,: agents, successors, and assigns,.. shall:
1. Cease and desist from : .
(a) In any manner dominating or interfering with the adminis-
tration of or contributing financial or other support to the Superior
694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'Table Novelties Employees Association, the Borough Park Employees
Association, or any other labor organization of its employees;
(b) In any manner discouraging membership in the Furniture
Union, Local 76-B, of the United Furniture Workers of America, C. I.
0., or in any other labor organization, by discrimination against em-
ployees with regard to hire or tenure or any condition or incident of
employment;
(c) Urging, persuading, or warning its employees not to become
or remain members of Furniture Union, Local 76-B, of the United
Furniture Workers of America, C. I. 0., or any other labor organiza-
tion of their own choosing;
(d) In any manner interfering with, restraining, or coercing its
.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 engage in concerted activi-'
-ties for the purpose of collective bargaining or other mutual aid or
Protection.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act:
(a) Withdraw all recognition from and never hereafter recognize
the Superior Table Novelties Employees Association, the Borough
"Park Employees Association, or any reorganization of said labor
.organizations, as the representative of its employees, or any one of
them, for the purpose of dealing with the respondent concerning
grievances, rates of pay, wages, hours of employment, or any other
condition of employment; .
(b)- Pay to Vincent Giunti fifty dollars and sixty-seven cents
($50.67) ; .
(c) Immediately post copies of the following notice, in English
_and Italian, in conspicuous places at its New York plant and maintain
.such notices for a period of sixty (60) consecutive days:
NOTICE TO OUR EMPLOYEES
We have agreed with the National Labor Relations Board as
follows :
1. Employees. are free to join the Furniture Union, Local 76-B,
of the United Furniture Workers of America, C. I. 0., or. any
other labor organization of their own choosing without fear of
discrimination. -
2. Superior Table Novelties Corporation has agreed to with-
draw recognition from and will not hereafter recognize the
Superior Table Novelties, Employees.Association or the Borough
Park Employees Association, or any reorganization of either of
SUP.[:R1.01: CABINET CORPORATION 695
said Associations, as the representative of our employees, or of
any of them, for the purposes of collective bargaining or the ad-
justment of grievances.
3. Superior Table Novelties Corporation will not interfere
with, restrain, or coerce any of its employes in the exercise of any
right guaranteed by the National Labor Relations Act.
SUPERIOR TABLE NOVELTIES CORPORATION.
(d) Notify the Regional Director of the Second Region of the
National Labor Relations. Board, in writing, within ten (10) days of
the receipt of a copy of this Order of the detailed steps the respondent
has taken to comply with the foregoing requirements.
AND IT IS FURTHER ORDERED that the complaint be dismissed as to
Superior Cabinet Corporation.
AND IT IS FURTHER ORDERED that the complaint be dismissed as to
the allegations contained in paragraphs 1, 3, 5, 6, 7. 8, 12, 13, 16, and 17.
247384-40-vol. 17--45