Tri-State Towel Service of the Independent Towel Supply Co.

National Labor Relations Board - Board Decisions

Feb 3, 1940

20 N.L.R.B. 123 (N.L.R.B. 1940)

In the Matter Of JACOB A. HUNKELE, TRADING As TRI-STATE TOWEL
SERVICE -OF THE INDEPENDENT TOWEL SUPPLY COMPANY and LOCAL
No. 40 UNITED LAUNDRY WORKERS UNION
In the Matter of JACOB A. HUNKELE, TRADING AS TRI-STATE TOWEL
SERVICE OF THE INDEPENDENT TOWEL SUPPLY COMPANY and LOCAL
No. 40 UNITED LAUNDRY WORKERS UNION
Cases Nos. C-394 and C-395, respectively
DECISION
AND
ORDER VACATING FINDINGS AND DECISION
AND
ORDER MODIFYING ORDER
February 3, 1940
On June 29, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in this matter.' On
December 12, 1939, Jacob A. Hunkele, Trading as Tri-State Towel
Service of the Independent Towel Supply Company, herein called
the respondent, and counsel for the Board entered into the following
stipulation :
STIPULATION
Charges having been filed with Bennet F. Schaufger regional
director of the National Labor Relations Board for the Fifth
Region, by Local No. 40, United Laundry Workers Union on
20th day of Sept. 1937 and amended charges having been filed
on the 24th day of November 1937, alleging that respondent,
had violated sections 8 (1) (3) and (5) of the National Labor
Relations Act, 49 Stat. 449; and complaint having been issued
and served on November 9, 1937,' and amended complaint having
been issued and served on the 26th day of November 1937, and
hearing having been held before a duly authorized agent of the
National Labor Relations Board at Cumberland, Maryland, from
November 26, 1937, to November 26, 1937; and Intermediate
Report having been issued and' served on January 31, 1938; and
17 N. L. R. B. 1276.
20 N. L. R. B.. No. 9.
123
124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Decision and Order having been issued and served on June 29,
1938; 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 the re-
spondent by its attorney, Charles Z. Heskett, and Jacob Blum,
attorney, National Labor Relations Board as follows :
Jacob A. Hunkele, trading as Tri-State Towel Service of the
Independent Towel Supply Company of Cumberland, Maryland,
is one of several companies operated by Jacob A. Hunkele, of
Pittsburgh, Pennsylvania. Each of these companies is operated
under an individual trade name in a different community. The
Cumberland, Maryland, plant is operated as.a separate business
and is engaged in furnishing towels, soap, aprons, coats, and
cabinets to restaurants, barber shops and other business enter-
prises in the vicinity of Cumberland, Maryland, and to some
establishments located in West Virginia and Pennsylvania. Ten
per cent of this business is transacted in West Virginia and
Pennsylvania and the balance in Maryland. The executive office
of Jacob Hunkele, for the several companies is located in Pitts-
burgh, Pennsylvania, where all the supplies are purchased for
the companies, principally through jobbers located outside of
Pennsylvania and Maryland and then delivered by the respond-
ents trucks to the individual companies. Prior to September 7,
1937, all the laundry for the Cumberland plant was done under
contract with a laundry at Cumberland. After that date, the
soiled linen was transported by the respondents trucks to its
laundry in Pittsburgh, laundered, transported back to the Cum-
berland plant in the same manner, and then distributed from
that point. Prior to September 7, 1937, there were six employees
engaged at the Cumberland plant. After that date the force
was reduced to three due to a changed method of operating the
business.
The respondent admits that it is engaged in interstate com-
merce within the meaning of section 2 (6) and (7) of the Na-
tional Labor Relations Act, 49 Stat. 449.
2. The respondent, waives all further or other procedure pro-
vided 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 one
above, the pleadings heretofore filed, the record, this stipulation,
and by agreement of the parties hereto, the National Labor Rela-
tions Board may modify its order in the following form in the
above entitled case :
JACOB A. HUNKELE 125
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 respondent, its officers, agents,
and 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 bar-
gain collectively through representatives of their own 'choosing
and to engage in concerted activities for the purposes of collec-
tive bargaining or other mutual aid or protection as guaranteed
in Section 7 of the National Labor Relations Act.
(b) From discouraging membership in the Local No. 40
United Laundry Workers Union by discharging or refusing to
reinstate any of its employees or in any other manner discrimi-
nating in regard to their hire or tenure of employment, or any
term or condition of their employment.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Make whole the employees hereinafter named for any
losses they may have suffered by reason of their discharges or
by reason of the refusal of the respondent to reinstate them by
payment to these individuals the sums of money set out after
their names :
Charles Pickering, $750.00.
Claude Largent, $250.00.
Mary Doll, $200.00.
Harold Athey, $125.00.
Pauline Wagner, $125.00.
Bernard Doll, $50.00.
(b) Post immediately in conspicuous places throughout its
Cumberland plant and maintain for a period of at least thirty
(30) consecutive days notices stating that the respondent will
cease and desist in the manner aforesaid;
(c) Notify the regional director for the fifth region in writing
within ten (10) days from the date of this order what steps
respondent has taken to comply herewith.
And it is hereby ordered that all other allegations of the
complaint shall be and are hereby dismissed.
4. The respondent, hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit, upon
application by the Board, of a consent decree enforcing an
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
order of the Board in the form hereinabove set forth and hereby
waives further notice of the application for such decree.
5. There is no agreement written or oral which modifies any
part of this stipulation and the entire agreement is contained
herein.
6. 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 December 22, 1939, the Board approved the above stipulation
and ordered it made a part of the record herein.
Upon the basis of the above stipulation, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Jacob A. Hunkele, trading as Tri-State Towel Service of the
Independent Towel Supply Company of Cumberland, Maryland,
is one of several companies operated by Jacob A. Hunkele, of Pitts-
burgh, Pennsylvania. Each of these companies is operated under
an individual trade name in a different community. The Cumber-
land, Maryland, plant is operated as a separate business and is
engaged in furnishing towels, soap, aprons, coats, and cabinets to
restaurants, barber shops, and other business enterprises in the vicin-
ity of Cumberland, Maryland, and to some establishments located
in West Virginia and Pennsylvania. Ten per cent of this business
is transacted in West Virginia and Pennsylvania and the balance
in Maryland. The executive office of Jacob Hunkele, for the several
companies is located in Pittsburgh, Pennsylvania, where all the
supplies are purchased for the companies, principally through job-
bers located outside of Pennsylvania and Maryland and then
delivered by the respondent's trucks to the individual companies.
Prior to September 7, 1937, all the laundry for the Cumberland
plant was done under contract with a laundry at Cumberland.
After that date, the soiled linen was transported by the respondent's
trucks to its laundry in Pittsburgh, laundered, transported back to
the Cumberland plant in the same manner, and then distributed
from that point. Prior to September 7, 1937, there were six em-
ployees engaged at the Cumberland plant. After that date the force
was reduced to three due to a changed method of operating the
business.
JACOB A.• HUNKELB 127
The respondent admits that it is engaged in interstate commerce
within the meaning of Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449.
We find the above-described operations constitute a continuous
flow of trade. traffic, and commerce among the several States.
ORDER
Upon the basis of the above stipulation, the pleadings, the record,
and pursuant to Section 10 (d) and (c) of the National Labor
Relations Act, 49 Stat. 449, the National Labor Relations Board
hereby orders that the findings and Decision issued herein on June
29, 1938, be, and they hereby are vacated and further orders that
its Order issued on the same date be modified to read as follows :
"The National Labor Relationsi Board hereby orders that the
respondent, Jacob A. Hunkele, Trading as Tri-State Towel Service
of the Independent Towel Supply Company, Cumberland, Mary-
land, its officers, agents, and successors and assigns shall:
"1. Cease and desist :
(a) From in any manner interfering with, restraining, or coerc-
ing 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
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 Local No. 40 United
Laundry Workers Union, by discharging 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 the Board finds
will effectuate the policies of the Act :
(a) Make whole the employees hereinafter named for any losses
they may have suffered by reason of their discharges or by reason
of the refusal of the respondent to reinstate them by payment to
these individuals the sums of money set out after their names :
Charles Pickering, $750.00.
Claude Largent, $250.00.
Mary Doll, $200.00.
Harold Athey, $125.00.
Pauline Wagner, $125.00.
Bernard, Doll, $50.00.
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Post immediately in conspicuous places throughout its Cum-
berland plant, and maintain for a period of at least thirty (30) con-
secutive days, notices stating that the respondent will cease and
desist in the manner aforesaid;
(c) Notify the Regional Director for the Fifth Region in writing
within ten (10) days from the date of this Order what steps re-
spondent has taken to comply herewith.
"AND IT IS HEREBY ORDERED that all other allegations of the com-
plaint shall be, and are hereby, dismissed."