Superior Reed & Rattan Furniture Co.

National Labor Relations Board - Board Decisions

Nov 8, 1939

17 N.L.R.B. 440 (N.L.R.B. 1939)

In the Matter of E. GIANNASCO, DOING BUSINESS UNDER THE NAME AND
STYLE OF SUPERIOR REED & RATTAN FURNITURE Co. and FURNITURE
UNION, LOCAL No. 76-B, UNITED FURNITURE WORIcERS OF AMERICA,
C. I. O.
Case No. C-1013.-Decided November 8, 1939
Reed and Rattan Furniture and Basket Manufacturing Industry-Settlement:
stipulation providing for. compliance with the Act, including reinstatement with
back pay as to two employees-Order: entered on stipulation.
Mr. Richard J. Hickey and Mr. Jacob Blum, for the Board.
Mon f ried & Mon f ried, by Mr. Richard M. Mon f ried, of New York
City, and Mr. H. R. Korey, of New York City, for the respondent.
Isserman, Isserman c6 Kapelsohn, by Mr. Sol D. Kapelsohn, of
Newark, N. J., for the Union.
Mr. Louis A. Roland, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TILE CASE
Upon charges and amended charges duly filed by Furniture Union,
Local No. 76-B, United Furniture Workers of America, C. I. 0.,1
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 dated September 16, 1938,
against E. Giannasco, doing business under the name and style of
Superior Reed & Rattan Furniture Co.,2 New York City, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1), (3), and (5), and Section 2 (6) and (7) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. A copy of the complaint, accompanied by notice of hearing,
was duly served upon the respondent and the Union.
1 Also referred to in the record as Furniture Union, Local 76-B, United Furniture
Workers of America , C. I. O.
2 Also referred to in the record as Superior Reed & Rattan Furniture Company.
17 N. L. R. B., No. 33.
440
E. GIANNASCO 441
In respect to the unfair labor practices the complaint, as amended
at the hearing, alleged in substance, that on or about March 15, 1938,
the respondent discharged John WVenke,s John Kuodes, and Jacob
Botwina because they joined and assisted the Union and engaged in
other concerted activities for the purposes of collective bargaining
and other mutual aid and protection, and has refused to reinstate
them; that from on or about June 1937 to the date of the issuance
of the complaint, the respondent urged, persuaded, and warned his
employees to refrain from becoming or remaining members of the
Union or its predecessor, threatened his employees with discharge
and other reprisals if they became or remained members, and kept
the meetings and meeting places of said union members under sur-
veillance; that although a majority of the respondent's employees in
an appropriate bargaining unit had designated the Union as their
bargaining agent, the respondent, on or about April 1, 1938, and at all
times thereafter, refused to bargain with the Union as the exclusive
representative of his employees in an appropriate unit; that on or
about April 27, 1938, the respondent's employees went on strike be-
cause of the respondent's alleged unfair labor practices, and con-
tinued to strike until May 17, 1938, at which time the strikers, ex-
cluding the persons previously named, returned to their positions with
the respondent; that the respondent, by the aforesaid acts and by
other; acts, :interfered with, restrained, and coerced his employees in
the exercise of the rights guaranteed in Section 7 of the Act. The
respondent filed an answer 'admitting some of the allegations of the
complaint, including those concerning the nature and scope of his
business, but denying the allegations of unfair labor practices.
Pursuant to notice,4 a hearing was held at New York City from
January 3 to January 10, 1939, before Howard Myers, 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 bearing upon the issues was
afforded all parties. Briefs were filed with the Trial Examiner by
the respondent and the Union. During the course of the hearing,
the Trial Examiner granted a motion of counsel for the Board to
strike from the complaint all reference that Jacob Botwina was
discharged because he joined and assisted the Union. At the close
of the Board's case and again at the close of the hearing, the Trial
Examiner, without opposition, granted the motions of counsel for
the Board to conform the pleadings to the proof. The Trial Ex-
aminer made several rulings on other motions and on objections to
8 Also referred to in the record as John Wenky.
4 The hearing was postponed several times. Due notice of each postponement was given
to the respondent and the Union.
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the admission of evidence during the course of the hearing. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
On or about March 13, 1939, the Trial Examiner filed an Inter-
mediate Report, copies of which were served upon the respondent
and the Union, in which lie found that the respondent had engaged
in and was engaging in unfair labor practices affecting commerce,
within the meaning of Section 8 (1), (3), and (5), and Section 2 (6)
and (7) of the Act, and recommending that the respondent cease
and desist therefrom and take certain specified affirmative action.
On or about March 30, 1939, the respondent filed exceptions to the
Intermediate Report, and thereafter filed a brief in support of his
contentions.
On October 6, 1939, the respondent and an attorney representing
the Board entered into a stipulation for the purpose of settling the
case, subject to approval by the Board. This stipulation reads as
follows :
STIPULATION
Charges having been filed with Mrs. Elinore M. Herrick,
Regional Director of the National Labor Relations Board, for
the Second Region, by the Furniture Union, Local 76-B, United
Furniture Workers of America, C. I. 0., on March 23, 1938 and
amended on May 26, 1938, alleging that the respondent, E. Gian-
nasco, doing business under the name and style of Superior Reed
and Rattan Furniture Company, had violated Section 8 (1), (3)
and (5) of the National Labor Relations Act, 49 Stat. 449; and
complaint having been issued and served on September.16, 1938,
and hearing having been held before a duly authorized agent of
the National Labor Relations Board at New York, New York,
from January 3, 1939 to January 10, 1939; an intermediate report
having been issued and served on March 13, 1939; and it being
the intention of the parties to dispose of the matters which
have arisen,
It is hereby stipulated and agreed by and between E. Gian-
nasco, doing business under the name and style of Superior
Reed and Rattan Furniture Company, by Richard M. Monfried,
and Jacob Blum, attorney, National Labor Relations Board,
as follows :
1. E. Giannasco, doing business under the name and style of
Superior Reed and Rattan Furniture Company, is engaged in
the manufacture and sale of reed and rattan furniture and
baskets. The great bulk of his raw materials are transported
from China and from the states of New Hampshire and Maine
E. GIANNASGO 443
by-railroad and steamship. His purchases for the year 1937
totaled approximately $35,000.00 and his sales for the same
period were in excess of $75,000.00. 50 per cent of his products
are shipped principally by truck and railroad to cities and states
throughout the country.
Respondent admits that he is engaged in interstate commerce
within the meaning of Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449.
2. The respondent, E. Giannasco, doing business under the
name and style of Superior Reed and Rattan Furniture Com-
pany, waives all further or other procedure provided by the
National Labor Relations Act or the Rules and Regulations
of the National Labor Relations Board, including the making
of findings of fact and conclusions of law.
3. Upon the basis of the facts stipulated in paragraph 1 above,
the pleadings heretofore filed, the record, the intermediate re-
port, this stipulation, and by agreement of the parties hereto,
the National Labor Relations Board may enter its order in the
following form in the above entitled case.
ORDER
On the basis of this stipulation and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that E. Giannasco , doing business
under - the name and style of Superior Reed and Rattan Furni-
ture Company , his officers , agents, successors and assigns , shall:
1. Cease and desist :
(a) From in any manner interfering with, restraining, or co-
ercing its employees in the exercise of their rights to self-organi-
zation, to form, join or assist labor organizations , to bargain
collectively through representatives * of their own choosing, and
to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection as guaranteed in
Section 7 of the National Labor Relations Act; .
(b) From discouraging membership in the Furniture Union,
Local 76-B , United Furniture Workers of America, C . I. 0., or
refusing to reinstate any of its employees or in any other manner
discriminating in regard to their hire and tenure of employment,
or any term or condition of their employment.
2. Take the following affirmative action , which will effectuate
the-policies of the Act :
(a) Offer to John Wenke immediate and full reinstatement to
his former position without prejudice to his seniority and other
rights and privileges; and reinstate John Kuodes to his former
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
position without prejudice to his seniority and other rights and
privileges, immediately upon there being a vacancy for which
he is qualified. Such reinstatement to be offered to him before
anyone else is employed;
(b) Make whole the said John Wenke and John Kuodes for
any losses of pay they may have suffered by reason of the re-
spondent's discrimination in regard to their hire or tenure of
employment by payment to John Wenke the sum of $175.00 and
to John Kuodes the sum of $175.00;
(c) Post immediately in conspicuous places throughout its
New York, New York plant and maintain for a period of at least
sixty (60) consecutive days copies of this order;
(d) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of this order of the
steps respondent has taken to comply herewith.
And it is hereby ordered that the other allegations of the com-
plaint shall be dismissed.
4. It is the understanding of the parties that in carrying out
Section 2 (a) of the above order the person therein named shall
be returned to work within thirty (30) days of the entry of this
order, and the respondent undertakes to offer employment to the
individual named in paragraph 2 (a) by registered mail, return
receipt requested, with the understanding that if an answer is
not received and definite employment arrangements made within
ten (10) days the respondent will be relieved of further obliga-
tion to offer employment: to such person under this order.
5. It is further understood and agreed that in the event that
within ninety (90) days from the entry of this order the union
shall file a petition for investigation and certification with the
Regional. Director of the National Labor Relations Board for the
Second Region as representative of the respondent's employees
in a unit consisting of all the respondent's production employees,
then in that event the respondent will consent to the conduct of
an election among such employees to determine their desires
for representation. Said election shall be conducted by the Re-
gional Director of the National Labor Relations Board for the
Second Region in accordance with procedure followed by that
office.
6. The respondent,' E. Giannasco, doing business under the
name and style of Superior Reed and Rattan Furniture Com-
pany, hereby consents to the entry by the United States Circuit
Court of Appeals, for the appropriate circuit, upon application
of the National Labor Relations Board, of a consent decree en-
forcing the order of the National Labor Relations Board.in the
E. GIANNASCO; 445
form hereinabove set forth and hereby waives further notice
of the application for such decree.
7. The entire agreement is contained within the terms of this
stipulation and there is no verbal agreement of any kind which
varies, alters or adds to the stipulation.
8. It is understood and agreed that this stipulation is subject
to the approval of the National Labor Relations Board and
shall become effective immediately upon the granting of such
approval.
On October 20, 1939, the Board issued an order approving the
above stipulation and making it part of the record in this proceeding.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT'
I. THE BUSINESS OF THE RESPONDENT
E. Giannasco, doing business under the name and style of Superior
Reed & Rattan Furniture Company, is engaged in the manufacture
and sale of reed and rattan furniture and baskets, with his principal
office and place of business in New York City. The great bulk of
his raw materials is transported from China and from the States
of New Hampshire and Maine by railroad and steamship. During
the year 1937, his purchases totaled approximately $35,000. During
the same year, his sales exceeded $75,000 in value, 50 per cent of
which represented products shipped to cities and States throughout
the country, principally by truck and railroad. The respondent ad-
mits that he is engaged in interstate commerce within the meaning
of Section 2 (6) and (7) of the Act.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States and
with China.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board here-
by orders that E. Giannasco, doing business under the name and
style of Superior Reed & Rattan Furniture Company, his officers,
agents, successors, and assigns, shall:
1. Cease and desist :
(a) From 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 to engage in con-
446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certed activities for the purposes of collective bargaining or other
mutual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act;
(b) From discouraging membership in the Furniture Union, Local
No. 76-B, United Furniture Workers of America, C. I. 0., or refus-
ing to reinstate any of its employees or in any other manner dis-
criminating in regard to their hire and tenure of employment, or
any term or condition of their employment.
2. Take the following affirmative action, which will effectuate the
policies of the Act :
(a) Offer to John Wenke immediate and full reinstatement to his
former position without prejudice to his seniority and other rights
and privileges ; and reinstate John Kuodes to his former position
without prejudice to his seniority and other rights and privileges, im-
mediately upon there being a vacancy for which he is qualified, such
reinstatement to be offered to him before anyone else is employed;
(b) Make whole the said John Wenke and John Kuodes for any
losses of pay they may have suffered by reason of the respondent's
discrimination in regard to their . hire or tenure of employment by
payment to John Wenke the sum of $175 and to John Kuodes the
sum of $175;
(c) Post immediately in conspicuous places throughout its New
York City plant and maintain for a period of at least sixty (60)
consecutive days copies of this Order;
(d) Notify the Regional Director for the Second Region in writ-
ing within ten (10 ) days from the date of this Order of the steps
respondent has taken to comply herewith.
AND IT IS HEREBY FUTHER ORDERED that the other allegations of the
complaint be, and they hereby are , dismissed.