The La Salle Hat Co.

National Labor Relations Board - Board Decisions

Nov 26, 1938

9 N.L.R.B. 1230 (N.L.R.B. 1938)

In the Matter of THE LA SALLE HAT COMPANY , A CORPORATION, AND
BERNARD SALESKY , DAVID SALESKY , AND JOSEPH SALESKY, INDIVID-
UALLY AND AS COPARTNERS, DOING BUSINESS UNDER THE FIRM NAME AND
STYLE OF SALESKY BROTHERS and UNITED HAT ERS, CAP & MILLINERY
WORKERS INTERNATIONAL UNION, LOCAL No. 60
Case No. C-9541 .-Decided November 26, 1938
Hat Manufacturing Industry-Settlement : stipulation providing for reinstate-
ment of employees and payment of back pay , and recognition of union as
collective bargaining agent of employees-Order: entered on stipulation
Mr. Jerome I. Macht, for the Board.
Mr. Victor H. Blanc, and Mr. Sigmund H. Steinberg, of Phila-
delphia, Pa., for^the . respondents.
Syme cC Simons , by Mr. M. Herbert Syyme, and Mr. Maurice
Abrams, of Philadelphia , Pa., for the Union.
' Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Hatters,
Cap & Millinery, Workers International Union, Local No. 60, herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Fourth Region (Phila-
delphia, Pennsylvania) issued its complaint dated June 16, 1938,
against The La Salle Hat Company, Philadelphia, Pennsylvania,
and Bernard Salesky, David Salesky, and Joseph Salesky, individu-
ally and as copartners, doing business under the firm name and style
of Salesky Brothers, Sunbury, Pennsylvania, herein called the re-
spondent The La Salle Hat Company, and the respondents Salesky
Brothers, respectively, and the respondents, collectively, alleging that
the respondents had engaged in and were 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 Rela-
tions Act, 49 Stat. 449, herein called the Act. The complaint and
9 N. L. R B., No. 114.
1230
DECISIONS AND ORDERS 1231
notice of hearing were duly served upon the respondents and the
Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent The La Salle Hat Company closed
down its Philadelphia plant, locked out all its employees, and re-
moved its operations to the Sunbury plant of the respondents, where
it has been engaged in the same manufacturing operations as it was
formerly engaged in at its Philadelphia plant; that at the time of
the aforesaid lock-out the respondent The La Salle Hat Company
terminated the employment of and refused to reinstate 124 named
employees because, they joined the Union and engaged in other con-
certed activities for the purposes of collective bargaining and other
mutual aid and protection; that although on October 22, 1937, and
at all times thereafter a majority of the employees of the respondent
The La Salle Hat Company in a unit appropriate for the purposes
of collective bargaining, designated the Union as their representa-
tive, the respondent The La Salle Hat Company refused to,bargain
with the Union; and that the respondents, by the aforesaid acts and
in addition by speeches, threats, and other acts, interfered with,
restrained, and coerced their employees in the exercise of the rights
guaranteed in Section 7 of the Act.
On June 22, 1938, the Regional Director granted the respondents
an extension of time in which to answer the complaint. Thereafter
the respondent The La Salle Hat Company filed its answer in which
it admitted the allegations of the complaint concerning the- nature of
the scope of its business with the exception of those allegations con-
cerning the removal of its operations to the Sunbury plant. It also
denied that it had engaged in unfair labor practices. The respond-
ents Salesky Brothers in their answer denied all the material allega-
tions of the complaint. -
Pursuant to notice, a hearing was held on September 15, 16, 19,
20, 21; 22, 23, 28, 30, and October 1, 1938, at Philadelphia, Pennsyl-
vania, before Mapes Davidson, the Trial Examiner duly designated
by the Board. All parties were represented by counsel, and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing,
the Trial Examiner made several rulings on motions and on objec-
tions, to the admission of evidence: -The Board ^ has reviewed the
r-ulings of the Trial Examiner and finds that no prejudicial -errors
were committed. The rulings are hereby affirmed. ,
On October,, 1, 1938, during the hearing, the Trial Examiner
granted the motion made by counsel for the Board without objection
to amend the complaint by, striking--therefrom- nine- names and by
including the name of one person among those listed as allegedly
1232 NATIONAL LABOR RELATIONS BOARD
discharged. During the hearing on the same date, the Trial Ex=
aminer received in evidence a stipulation concerning the respond-
ents' businesses entered into on September 30, 1938, by the re-
spondents, the Union, and counsel for the Board. Also during the
hearing on the same date, the respondents, the Union, and counsel
for the Board entered into a stipulation in settlement of the case.
This stipulation provides as follows :
It is hereby stipulated by and between The La Salle Hat
Company; a respondent herein ; Bernard' Salesky, David Salesky,
and Joseph Salesky, individually and as copartners, doing busi-
ness under the firm name and style of Salesky Brothers, respond-
ents herein; United Hatters, Cap & Millinery Workers Inter-
national Union, Local No. 60, a party herein; and Jerome I.
Macht, attorney for the National Labor Relations Board, that
upon the record herein and upon this stipulation, if approved
by the National Labor Relations Board, an order may forth-
with be entered by said Board and by the United States Circuit
Court of Appeals for the Third Circuit without further notice
of the application for enforcement thereof, providing as follows :
The respondents, The La Salle Hat Company; Bernard
Salesky, David, Salesky, and Joseph Salesky, individually and
as copartners, doing business under the firm name and style of
Salesky Brothers, and their officers, agents, successors and assigns
shall :
1. Cease and desist-
(a) from in any manner interfering with, restraining or co-
ercing their employees in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to bar-
gain 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;
(b) from discouraging membership in United Hatters, Cap &
Millinery Workers International Union, Local No. 60, or any
other labor organization of their employees by locking out, or in
any other manner discriminating against their employees in
regard to the hire or tenure of employment or condition of em-
ployment of any of their employees by reason of their member-
ship in United Hatters, Cap & Millinery Workers International
Union, Local No. 60, or any other labor organization of their
employees ;
(c) from refusing to bargain collectively with United Hatters,
Cap & Millinery Workers International Union , as {the exclusive
-representative of their production employees;
DECISIONS AND ORDERS 1233
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Upon application, in writing, addressed to Salesky Broth-
ers, Sunbury, Pennsylvania, within 10 days of approval of this
stipulation by the Board, shall reinstate at the plant of the
Salesky Brothers, in Sunbury, Pennsylvania, to their former po-
sitions or equivalent positions, each of the employees named in
Schedule A' annexed hereto and made a part hereof, who make
such application, without prejudice to their seniority or other
rights and privileges previously enjoyed :
(b) In the event respondents, or any of them, resume operations
in Philadelphia, Pennsylvania, upon application, reinstate to their
former positions, or equivalent positions, each of the employees
named in Schedule A annexed hereto and made a part hereof,
before employing any other persons at Philadelphia, Pennsyl-
vania, without prejudice to their seniority or other rights and
privileges previously enjoyed, whenever the respondents, or
any of them, resume operations in Philadelphia, Pennsylvania,
whether such operations be resumed or commenced in their pres-
ent corporate or partnership title or other title;
(c) Make whole each of the persons named in Schedule A for
for the loss of pay suffered, by payment to each of them, respec-
tively, within one week after the approval of, this stipulation by
the Board, the sum set forth following his or her name, which
sum is in full settlement of the amount which each would have
earned as wages from September 22, 1937, to said date of
payment;
(d) Upon request, bargain collectively with the United Hat-
ters, Cap & Millinery Workers International Union, Local No. 60r
as the exclusive representative of all their production employees,
or with the affiliated organization of said union to which the
employees within the respective unit may have transferred their
membership with respect to rates of pay, hours of employment,
and' other conditions of employment;
(e) Post and keep visible in a prominent place in each depart-
ment of respondents' plant in Sunbury, Pennsylvania, and re-
spondents' offices in Philadelphia, Pennsylvania, for a period of
thirty (30) days after receipt, copies of the order entered by the
National Labor Relations Board, and notices stating that the re-
spondents will cease and desist in the manner aforesaid and
respondents will take the affirmative action, as aforesaid ;
1 Schedule "A" of the stipulation is identical ,with schedule "A". of the Board's Order,
below, and is, therefore , omitted here.
1234 NA'CiO\AL LABOR RELATIONS lBOAlID
(f) Notify the Regional Director for the Fourth Region, in
writing, of compliance with this order within thirty (30) days
from the date of its entry by the Board.
• It is further stipulated and agreed that the United States
Circuit Court of Appeals for the Third Circuit may, upon
application of the National Labor Relations Board, enter a
decree enforcing the aforesaid order of the Board, respondents
hereby expressly waiving their rights to contest the entry of
such decree in the United States Circuit Court of Appeals for
the Third Circuit, and, further, expressly waiving their rights
to receive notice of the filing by the National Labor Relations
Board of an application for the entry of such a decree.
.,.It. is further stipulated and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
On October 4, 1938, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purposes of entry of a decision and
order by the Board.
Upon the entire 'record-in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
The respondent The La Salle Hat Company, a Pennsylvania cor-
poration, has its principal office and place of business at Phila-
delphia, Pennsylvania. From July 1929 to September 18, 1937, it
was engaged in the manufacture, sale, and distribution of men's
hats. It ceased its manufacturing operations about September 18,
1937, and since that time has been engaged only in the sale and
,distribution of men's hats.
The respondents Salesky Brothers, a copartnership, commenced,
on or about October 1, 1937, the manufacture of men's hats for and
on account of the respondent The La ,Salle Hat Company, and since
that date have been continuously engaged in such operations. They
have their principal office and place of business at Sunbury,
Pennsylvania.
Prior to the closing of its Philadelphia plant the respondent The
La Salle Hat Company used the following raw materials: Felt, rib-
bons, leather bands, wool, hat bodies, and silk. These raw materials
have been used also by the respondents Salesky Brothers, since the
opening of their Sunbury plant.
During the period in which the respondent The La Salle Hat
Company was engaged in manufacturing operations at its Phila-
delphia plant, the volume of raw materials used annually averaged
DECISIONS AND ORDERS 1235
about $365,000, of which about 92 per cent was shipped to its Phila-
delphia plant from points outside the State of Pennsylvania; during
this same period the annual value of the finished products of the
respondent The La Salle Hat Company amounted to about $626,000.
About 85 per cent of these finished products were shipped from its
Philadelphia plant to points outside the State of Pennsylvania.
The volume of raw materials used by the respondents Salesky
Brothers also averages annually about $365,000, of which about 92
per cent is shipped to their plant from points outside the State of
Pennsylvania The annual value of the finished products of the
respondents Salesky Brothers averages about $626,000. About 85
per cent of these finished products are shipped from their Sunbury
plant to points outside the State of Pennsylvania.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
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
National Labor Relations Act, the National Labor Relations Board
hereby orders that The La Salle Hat Company, Philadelphia,
Pennsylvania, and Bernard Salesky, David Salesky, and Joseph
Salesky, individually and as copartners, doing business under the
firm name and style of Salesky Brothers, Sunbury, Pennsylvania,
and their officers, agents, successors, and assigns shall:
1. Cease and desist from:
(a) In any 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 ;
(b) Discouraging membership in United Hatters, Cap & Millinery
Workers International Union, Local No. 60. or any other labor or-
ganization of their employees by locking out, or in any other manner
discriminating against their employees in regard to the hire or tenure
of employment or condition of employment of any of their employees
by reason of their membership in United Hatters, Cap & Millinery
Workers International Union, Local No. 60, or any other labor
organization of their employees;
(c) Refusing to bargain collectively with United Hatters, Cap &
Millinery Workers International Union, as the exclusive representa-
tive of their production employees.
134068-39-vol. to-79
1236 NATIONAL LABOR RELATTONS BOARD
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon application, in writing, addressed to Salesky Brothers,
Sunbury, Pennsylvania, within ten (10) days of approval of this stip-
ulation by the Board, reinstate at the plant of the Salesky Brothers, in
Sunbury, Pennsylvania, to their former positions or equivalent posi-
tions, each of the employees named in schedule A annexed hereto and
made a part hereof, who make such application, without prejudice to
their seniority or other rights and privileges previously enjoyed;
(b) In the event respondents, or any of them, resume operations in
Philadelphia, Pennsylvania, upon application, reinstate to their for-
mer positions, or equivalent positions, each of the employees named in
schedule A annexed hereto and made a part hereof, before employing,
any other, persons at Philadelphia, Pennsylvania, without prejudice
to their seniority or other rights and privileges previously enjoyed,
whenever the respondents, or any of them, resume operations in
Philadelphia, Pennsylvania, whether such operations be resumed or
commenced in their present corporate or partnership title or other
title ;
(c) Make whole each of the persons named in schedule A for the
loss of pay suffered, by payment to each of them, respectively, within
one week. after the approval of this stipulation by the Board, the sum
set forth following his or her name, which sum is in full settlement of
the amount which each would have earned as wages from September
22, 1937, to said date of payment;
(d), Upon request, bargain collectively with the United Hatters,
Cap & Millinery, Workers International Union, Local No. 60, as the
exclusive representative of all their production employees, or with the,
affiliated organization of said union to which the employees within
the respective,unit may have transferred their mambership with re-
spect to rates of pay, hours of employment, and ether conditions of
employment;
(e) Post and keep visible in a prominent place in each department
of respondents' plant in Sunbury, Pennsylvania, and respondents' of-
fices in Philadelphia, Pennsylvania, for a period of thirty (30) days
after receipt, copies of this Order and notices stating that the respond-
ents will cease and desist in the manner aforesaid and that the re-
spondents will take the affirmative action as aforesaid;
(f) Notify the Regional Director for the Fourth Region, in writ-
ing, of compliance with this Order within thirty (30) days from the
date of its entry by the Board.
DECISIONS AND ORDERS
SCHEDULE "A"
1237
Sol Weinstein--------------- $54.72 Pasquale A. Spinelli--------- $73.40
Natale' Carabello-------------
Martin Hefiler---------------
Gaetano DiBianca-----------
P. J. Muldowney------------
D. J. Peltzer----------------
H. H. Evans--------------- --
Jack Weiss------------------
77. 64
97.68
71.16
90.64
109.08
95.80
92.28
Isadore T. Bernstein---------
Joseph L. Dezart_____________
Francis Kehoe---------------
Walter Strep----------------
James F. Reilly______________
Frank S. Hinkle-------------
Eleanor E. Tees-------------
98.44
73.00
68.56
72.76
74.36
71.72
70.56
Mike Biancotto-------------- 111.68
David Rhodes--------------- 80.76
Rose Lobis------------------
Margaret Szalay Schreider___
41.68
64.92
Abraham Rosenblatt --------- 98. 40 Clara Leimkuhler------------ 101.96
Harry Gecht----------------- 78.36 Mary C. Hill---------------- 44.68
Samuel Wollman ------------ 70 52 Theresa Romano------------- 37. 28
Louis, Koch.----------------- 82.32 Josephine Al. Germano -------- 90. 24
Irvin Burd------------------ 72.88 Jean Marks----------------- 16.16
Reber A. Reiling------------ 90.72 Pauline Moss---------------- 74.08
Jack I. Spector-------------- 44.36 Helen J. Romano ------------ 54. 92
John Di Leonardo ----------- 50.60 Josephine Pantaleo----------- 68.52
Theodore G. Kahmar -------- 80 24 Lillian Trainer------ ------- 39.60
James P. Murphy ------------ 109.32 Catherine Bowman ----------- 52. 28
Carmen Lobis--------------- 80. 36 Mollie Greenberg------------- 26.40
August Ignaszewski---------- 117 08 Margaretta Schreiber -------- 35.56
Michael Spaldo-------------- 64.72 Dorothy V. Calhoun ---------- 45.68
Mike Backman--------------- 86 08 Lillian Hack----------------- 48.24
Abram I. Goldman ---------- 114.84 Anna S. Foster-------------- 73.24
Attilio A. DiCesare---------- 79.28 Emma W. Barford----------- 78.04
Tony Fiore------------------ 84.04 Arma' Al. Schmieg----------- 56.20
Gerson Burd---------------- 54. 72 Emma Katz----------------- 58.44
Benjamin J. Berman-------- 81.96 Sara G. Titcher------------- 70.04
Abraham E. Freed ---------- 89.32 Mary Al. Blefgen------------ 48.60
Isaac Freedman------------- 79.88 Nora E. Quinn--------------- 49.92
Joseph Shapiro-------------- 85.60 Lillian A. Goodfellow----___- 84.32
Alax Spector---------------- 81.04 Bertha Evans--------------- 50.92
Joseph N. Forlano ----------- 61 24 Florence M Porter ----------- 49.88
John La Spada-------------- 94.72 Jennie Eisenstadt------------ 50.40
Morris Katz----------------- 70 92 Phoebe P. Carabello--------- 78.80
Joseph Mingioni------------- 45.64 Dorothy Tees---------------- 51. 52
Stanley F. Zawisza----------- 48.48 Isabell Scott----------------- 29.48
Fred L. Dandrea------------- 41. 84 Virginia Spinnetti------------ 39.48
William F. Clark------------- 51. 52 Yetta Sacks----------------- 45.65
Samuel Cantor-------------- 49.60 Mary C. Falcone_____________ 73.72
Manuel Gases_______________ 48.24 Rita Lobis------------------ 59.20
James A. Rafter ------------ 43.72 Gertrude Brener------------- 64.36
Ceasar J. Curzi______________ 49.52 Mary F. Mahan______________ 45.32
Sam Dabrow---------------- 45.84 Ruth Eisenstadt_____________ 46.64
Samuel Skolnick------------- 46.50 Jeannette M. Barone --------- 68.04
Joseph J. Heelan ------------ 80 04 Josephine Liberato----------- 43.40
Floyd A. Staupp------------ 87.72 Catherine Germano ---------- 47. 84
Fritz Ottinger--------------- 92.16 Rose Al. Montagna---------- 47.6&
Arthur First----------------- 87.64 Mary Guido----------------- 49.48
1238 NATIONAL LABOR RELATIONS BOARD
Irving E. Chudd_____________ $37.28 Joseph Capparella___________ $46.40
Bernard Jacobson------------ 46.96 Reuben Friedman____________ 79.28
Phil Rubinstein______________ 31. 00 Clarence Stockel_____________ 86.28
Joseph Leary________________ 70.84 Herman Katzen_____________ 62.32
-Louis Simon__ ______________ 77.48 Simon Leder________________ 53.40
Joseph A. Havalac ----------- 69 72 Morris London_______________ 48.36
Bernard Guido_______________ 36.64 Isadore Kauffman____________ 91. 32
Martin Schmukler___________ 45.64 Harry Wyman_______________ 68.72