Norh River Yarn Dyers

National Labor Relations Board - Board Decisions

Oct 3, 1939

15 N.L.R.B. 831 (N.L.R.B. 1939)

In the Matter Of SIGMUND FREISINGER , DOING BUSINESS UNDER THE
NAME AND STYLE OF NORTH RIVER YARN DYERS and TEXTILE WORK-
ERS UNION OF AMERICA 1
Case No. C-367
SUPPLEMENTAL DECISION AND ORDER
October 3, 1939
On January 9, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in this matter .2 oil
July 6, 1939, Sigmund Freisinger, doing business under the name
and style of North River Yarn Dyers, herein called the respondent,
and counsel for the Board entered into.the following stipulation:
STIPULATION
It is hereby stipulated and agreed by and between Sigmund
Freisinger, doing business under the name and style of North
River Yarn Dyers, hereinafter known as the respondent, and
Walter Wilbur, attorney, National Labor Relations Board, as
follows :
I
The respondent is engaged in the business of dyeing yarn,
including rayon, wool, and other similar materials. He owns
and operates a plant at Union City, New Jersey. The principal
raw materials used by the respondent in the process of dyeing
are aniline dyes and chemicals. During 1936 the respondent
purchased raw materials amounting in value to $16,429.98, of
which 85 per cent represented raw materials shipped to the re-
spondent from points outside New Jersey. Ninety-five per cent
of the yarn dyed by the respondent is shipped to him by cus-
tomers who retain title to the yarn while it is in the possession
of and being dyed by the respondent.. Up to June 1937, ap-.
proximately 80 per cent of the materials dyed by the respondent
for his customers were shipped to the respondent from points
outside New Jersey. The respondent employs one salesman who
I I-Ierein called the Union.
Matter of Sigmund Freisinger, doing business under the name and style of North
River Yarn Dyers and Textile Workers Organizing Committee , 10 N. L. R. B. 1043.
15 N. L. R. B., No. 94.
831
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
carries on his activities in the States of New Jersey and New
York. The respondent advertises in trade journals having cir-
culation in States other than New Jersey. Part of the goods
handled by respondent are shipped over interstate trucking lines.
II
Textile Workers Union of America, successor to Textile Work-
ers Organizing Committee, is a labor organization within the
meaning of the National Labor Relations Act.
III
Heretofore, by Decision and Order of the National Labor Rela-
tions. Board in these proceedings dated January 9, 1939, the
respondent was ordered and directed to take the following affirm-
ative action which the Board found would effectuate the policies
of the National Labor Relations Act :
(a) Upon request, bargain collectively with the Textile
Workers Organizing Committee as the exclusive representative
of all his employees at his plant at Union City, New Jersey,
except clerical and supervisory employees, in respect to rates of
pay, wages, hours of work, and other conditions of employment,
and if an understanding is reached on any such matters, embody
such understanding in a written signed agreement;
(b) Offer to Peter Paul Zavazanjian and Attilio Rancone full
and immediate reinstatement to their former or substantially
equivalent positions, without prejudice to their seniority and
other rights and privileges;
. (c) Upon application, offer to Carlo Romano immediate and
full reinstatement to his former or substantially equivalent
position, without prejudice to his seniority and -other rights and
privileges in the manner set forth in the section entitled "Rem-
edy," appearing as Section V of the Board's Decision, placing
him, if employment is not immediately available, upon a pref-
erential list in the manner set forth in said section, and there-
after, in said. manner, offer him. employment as it becomes
available ;
(d) Make whole Peter Paul Zavazanjian and Attilio Rancone
for any losses of pay they have suffered by reason of the re-
spondent's discrimination against them by payment to each of
them of a sum of money equal to that which he would normally
have earned as wages from date of the respondent's discrimina-
tion'against him to the date of such offer of reinstatement, less
his net earnings during said period; deducting however from
the amount otherwise due to each of the said employees monies
SIGIVIUND FREISINGER 833
received by said employees during said period for work per-
formed upon Federal, State, County, Municipal or other Gov-
ernment or governments which supplied the funds for said work
relief projects;
(e) Make whole Carlo Romano for any loss of pay he may
suffer by reason of any refusal of his application for reinstate-
ment in accordance with paragraph 2 (c) above, by payment to
him of a sum of money equal to that which he would normally
have earned as wages during the period from the date of any
such refusal of his application to the date of reinstatement, less
his net earnings during said period; deducting, however, from
the amount otherwise due to him monies received by him during
said period for work performed upon Federal, State, County,
Municipal, or other Government or governments which supplied
the funds for said work relief projects;
(f) Immediately post notices in conspicuous places in the
respondent's plant at Union City, New Jersey, and maintain
such notices for a period of at least sixty (60) consecutive days,
stating that respondent will cease and desist in the manner set
forth in Section 1 (a), (b), and (c) of the Order of the Board
and it will take the affirmative action set forth in 2 (a), (b),
(c), (d), and (e) of said Order; and
(g) Notify the Regional Director for the Second Region in
writing within ten (10) days from the date of said Order what
steps the respondent has taken to comply therewith.
IV
It is hereby stipulated and agreed that application be and the
same is hereby made to the said Board to amend its said Order
as of the effective date thereof, in the following particulars,
to wit :
Amend Section 2 (d) of said Order by striking, after the
words "losses of pay they" in line 2 of said Section, the words
"have suffered by reason of the respondent's discrimination
against them," and by substituting in lieu thereof the words "or
either of them may suffer by reason of any refusal of their
application for reinstatement in accordance with paragraph
2 (b) above ;" and by striking after the words "wages from date
of" in line 5 of said Section, the words "the respondent's dis-
crimination against him," and by substituting in lieu thereof the
words "any such refusal of his application" so that said Section
2 (d) as amended will read as follows:
"Make whole Peter Paul Kavazanjian and Attilio Rancone for
any losses of pay they or either of them may suffer by reason of
834 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
any refusal of their application for reinstatement in accordance
with paragraph 2 (b) above by payment to each of them of a
sum of money equal to that which he would normally have
earned as wages from date of any such refusal of his applica-
tion to the date of such offer of reinstatement, less his net earn-
ings during said period; deducting, however, from the amount
otherwise due to each of the said employees monies received by
said employees during said period for work performed upon
Federal, State, County, Municipal, or other work relief projects
and pay over the money so deducted to the appropriate fiscal
agency of the Federal, State, County, Municipal, or other Gov-
ernment or governments which supplied the funds for said work
relief projects."
V
It is hereby further stipulated and agreed that application be
and the same is hereby made to the said Board to amend so
much of Section V of the Decision of the said Board, entitled
"The Remedy," as shall conform the same to the terms of the
Board's Order as amended as hereinabove more fully set forth.
VI
It is further stipulated and agreed that the respondent has
substantially complied with the terms of Sections 2 (b), 2 (c),
2 (d) as amended, 2 (e), and 2 (f) of said Order.
VII
It is further stipulated and agreed that the respondent has
complied with the terms of Section 2 (a) of the said Order,
in that the respondent has bargained collectively with the Union,
has endeavored to reach an understanding in respect to rates
of pay, wages, hours of work, and other conditions of employ-
ment, and,is ready and willing to embody such understanding
as may be reached in a written signed agreement; and further
that the respondent is now ready and willing to enter into a
written signed agreement on the terms more fully set forth in
the annexed memorandum, marked "Exhibit A".
VIII
It is further stipulated and agreed that upon the whole record
herein, and upon this-stipulation, the said National Labor Rela-
tions Board may, upon clue notice to respondent, and with his
consent which is hereby expressly granted, apply to the United
SIGIIUND FREISINGER 835
States Circuit Court of Appeals for the Second Circuit for an
order and decree enforcing the provisions of the Board's Order
as amended as hereinabove provided.
IX
It is further stipulated and agreed that the foregoing stipula-
tion embodies the entire agreement between the Board and the
respondent, and that there is no verbal agreement which in any
manner alters, modifies, or enlarges the terms thereof ; and that
this' stipulation shall be void and ineffective for any purpose
whatsoever unless and until approved by the National Labor
Relations Board.
There was attached to the stipulation an Exhibit A setting forth
the terms which the respondent is willing to incorporate into a signed
contract with the Union.
On July 12, 1939, the Board approved said stipulation and ordered
it made a part of the record herein.
On July 29, 1939, the Union filed with the Board a motion to
change the title of these proceedings by substituting the name Tex-
tile Workers Union of America for the name Textile Workers
Organizing Committee and to make such other changes as may be
deemed necessary in the premises. On September 13, 1939, the Board
notified the parties that on September 23, 1939, unless sufficient cause
to the contrary should then appear, it would substitute the name
Textile Workers Union of America for the name Textile Workers
Organizing Committee wherever it appears in these proceedings.
No objections having been filed, the Board, on September 26, 1939,
granted the Union's motion in accordance with the Board's notice
of September 13.
ORDER
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, 49 Stat. 449, the National Labor. Relations
Board hereby orders that the Decision and Order issued herein on
January 9, 1939, be, and it hereby is, amended, ^ une pro tune, as
follows :
1. By striking from Section V of said Decision the second and
third paragraphs thereof and substituting therefor the following :
As we have found that the respondent discriminated in regard
to the hire and tenure of employment of Peter Paul Kavazanjian
and Attilio Rancone, we shall order the respondent to offer them
immediate reinstatement to their former or substantially equiva-
lent positions. We shall order the respondent to make them
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
whole for any losses of pay they may suffer by any refusal of
their applications for reinstatement by payment to each of them
of a sum equal to that which he would normally have earned as.
wages during the period from the date of any such refusal of his
application to the date of reinstatement less his net earnings a
during said period. Such reinstatement shall be made without
prejudice to their seniority and other rights and privileges.
2. By striking from Section 2 (d) of said Order, after the words,
"losses of pay they" in line 2 of said Section, the words "have suffered
by reason of the respondent's discrimination against them" and by
substituting in lieu thereof the words "or either of them may suffer by
reason of any refusal of their application for reinstatement in ac-
cordance with paragraph 2 (b) above"; and by striking, after the
words "wages from date of" in line 5 of said Section, the words "the
respondent's discrimination against him" and by substituting in lieu
thereof the words "any such refusal. of his application" so that said
Section 2 (d) as amended will read as follows:
Make whole Peter Paul Kavazanjian and Attilio Rancone for
any losses of pay they or either of them may suffer by reason
of any refusal of their application for reinstatement in accord-
ance with paragraph 2 (b) above by payment to each of them
of a sum of money equal to that which he would normally have
earned as wages from date of any such refusal of his application
to the date of such offer of reinstatement, less his net earnings
during said period; deducting, however, from the amount other-
wise due to each of the said employees monies received by said
employees during said period for work performed upon Federal,.
State, county, municipal, or other work-relief projects-and pay
over the money so deducted to the appropriate fiscal agency of
the Federal, State, county, municipal, or other government or
governments which supplied the funds for said work-relief
projects.
Ml?. WILLIAM M. LEISErsoN took no part in the consideration of the
above Supplemental Decision and Order.
3 By "net earnings " Is meant earnings less expenses , such as for transportation, room,
anu board , incurred by an employee in connection with obtaining work and . working
elsewhere than for the respondent , which would not have been incurred but for the
unlawful discrimination in regard to his hire and tenure of employment and the conse-
quent necessity of his seeking employment elsewhere . See Matter of Crossett Lumber
Company and United Brotherhood of Carpenters and Joiners of America , Lwmber and
Sawmill Workers Union, Local 2590, 8 N. L. R . B. 440 . Monies received for work performed
upon Federal , State, county , municipal , or other work-relief projects are net considered
as earnings , but, as provided below in the Order, shall be deducted from the sum due
the employee , and the amount thereof shall be paid 'over to the appropriate fiscal agency of
the Federal , State , county, municipal , or other government or governments which supplied
the funds for said work -relief projects.