R. Kolodney & Co., Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1939

16 N.L.R.B. 918 (N.L.R.B. 1939)

In the Matter of R. KOLODNEY & Co., INCORPORATED AND KOLODNEY &
MEYERS, INCORPORATED, JOINTLY AND SEVERALLY and INTERNATIONAL
LADIES GARMENT WORKERS UNION, LOCAL 153
Case No. C-1390.-Decided October 30, 1939
Ladies Dress Manufacturing Industry-Settlement: stipulation providing for
compliance with the Act, including reinstatement of employee to former posi-
tion-Order: entered on stipulation.
Mr. Edward Schneider, for the Board.
Mr. William J. Carrig, of New Haven, Conn., for the respondents.
Mr. Howard S. Friedman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Ladies Garment Workers Union, Local 153, herein called the Union,
the National Labor Relations Board, herein called the Board, by
A. Howard Myers, Regional Director for the First Region (Boston,
Massachusetts), issued its complaint, dated June 28, 1939, against
R. Kolodney & Co., Incorporated and Kolodney & Meyers, Incor-
porated, New Haven, Connecticut, herein called the respondents,
alleging that the respondents had jointly and severally engaged in
and were engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1) and (3) and Section 2 (6) and
(7) of the National Labor Relations Act,. 49 Stat..449,. herein called
the Act. Copies of the complaint and notice of hearing thereon and
notices of postponement of hearing were duly served upon the
respondents and the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that (1) the respondents on June 14, 1938, temporarily
laid off Bessie Fine, Mary Merlo, Santina Bernardo, and Evelyn
Janeczek; on July 1, 1938, terminated the employment of Evelyn
Janeczek and have refused and still refuse to reinstate her; and on
March 13, 1938, transferred Angela Marie D'Agata from her previous
16 N. L. R. Ii., No. 76.
918
R. KOLODNEY & COMPANY, INCORPORATED 919
work to a "sew-pink" machine and have refused and still refuse to
reinstate her to her previous work; (2) the temporary. lay-off, ter-
mination of employment, or transfer of each of the above-named
employees was due to her membership in and activity in behalf of
the Union and because she engaged in concerted activities for the
purpose of collective bargaining or other mutual aid or protection;
.(3) by the termination of the employment of Evelyn Janeczek and
the transfer of Angela Marie D'Agata, as set forth above, the
respondents have discriminated and are discriminating in regard to
their hire and tenure of employment to discourage membership in
the Union; (4) since June 1, 1938, the respondents have (a) spied
upon union meetings and activities, (b) warned their employees
against attending union meetings and engaging in union activities,
(c) interrogated employees and applicants for employment as to
their union affiliation and activities, (d) made threats, warnings,, and
statements'to employees-to discourage them from membership in and
activities in behalf of the Union; (5) by the above-mentioned acts,
and by other acts, the respondents have interfered with, restrained,
and coerced their employees in the exercise of the rights guaranteed
in Section 7 of the Act.'
. On September 29, 1939, R. Kolodney & Co., Incorporated, herein
called the respondent, and counsel for the Board entered into a stip-
ulation in settlement of the case. On October 14, 1939, the stipulation
was amended by the parties thereto.2 The stipulation, as amended,
provides as follows:' '
STIPULATION
It is hereby stipulated and agreed by and between R. Kolodney
& Co., Incorporated, hereinafter referred to as the Respondent,
and Edward Schneider, Regional Attorney for the First Region,
National Labor Relations Board, that :
I. Upon charges and amended charges duly filed by the Inter-
national Ladies Garment Workers Union, Local 153, hereinafter
referred to as the Union, the National Labor Relations Board, by
A. Howard Myers, Regional Director for the First Region (Bos-
ton, Massachusetts), acting pursuant to authority granted in
Section 10 (b) of the National Libor Relations Act, 49 Stat. 449,
hereinafter referred to as the Act, and acting pursuant to National
1 On July 6 , 1939 , the respondents filed answers to the complaint and a series of motions.
By the terms of the stipulation between the Board and R. Kolodney & Co., Incorporated,
Hereinafter set forth , it was agreed that these pleadings were withdrawn and would not
be considered part of the record. While the stipulation does not so state, it is apparent
that the pleadings were also intended to be withdrawn as to the respondent, Kolodney &
Meyers, incorporated , since the stipulation provides for the dismissal of the complaint
as to that respondent.
2 The amendment to the stipulation provides for the striking out of the first paragraph
of the original stipulation and the substitution of a new paragraph therefor.
24T883-40-vol. !G -59
920 DECISIONS; OF NATIONALf LABOR RELATIONS BOARD
Labor Relations Board Rules and Regulations-Series 1, as
amended, Article IV, Section 1, issued its Complaint and No-
tice of Hearing on June 28, 1939, against the Respondent,
R. Kolodney & Co. Incorporated, and against Kolodney & Meyers,
Incorporated.
II. A copy of the Charge as amended, Complaint and Notice
of Hearing thereon, and copy of Rules and Regulations-Series 1,
as amended, were duly served upon the Respondent and, the Union
on July 1, 1939, said hearing being scheduled for July 13, 1939,
at 10 A. M., in the Court Room of the United States District Court,
Post Office Building, Hartford, Connecticut. Notice of Post-
ponement of Hearing, from July 13, 1939 to July 27, 1939, at the
same time and place, was duly issued and served upon the
Respondent and the Union on July 13, 1939; and Notice of Post-
ponement of Hearing, from July 27, 1939 until further notice,
was duly issued and served upon the Respondent and the Union
on July 25, 1939.
III. Respondent, R. Kolodney & Co., Incorporated, is and has
been since January 4, 1936, a corporation organized under and
existing by virtue of the laws of the State of Connecticut and is
now and has continuously been engaged at a place of business in
the City of Hartford, County of Hartford, State of Connecticut;
hereinafter referred to as the Hartford Plant, in the production,
sale and distribution of women's dresses, women's suits, and other
articles of women's clothing.
IV. Respondent, in the course and conduct of its business,
causes and has continuously caused more than 85 per cent of the
raw materials used in the manufacture of its finished products
to be purchased and transported in interstate commerce from and
through states of the United States other than the. ,State of
Connecticut to its Hartford Plant in the State of Connecticut, and
causes and has continuously caused more than 90 per cent of the
finished products manufactured by it to be sold and transported
in interstate commerce from its Hartford Plant in the State of
.Connecticut to, into and through states of the United States other
than the State of Connecticut.
(1) Respondent's output in terms of dollars for the period
from January 1, 1938 to January 1, 1939 was approximately One
million eighty-nine thousand dollars.
(2) The approximate amount in terms of raw materials used
by Respondent during the period from January 1, 1938 to Janu-
ary 1, 1939, in the manufacture of its finished products, was
approximately Six hundred and twenty-five thousand dollars.;
V. Respondent is engaged in interstate commerce within the
meaning of the National Labor Relations Act.
R. KOLODNEY & COMPANY, INCORPORATED 921
VI. International Ladies Garment Workers Union, Local 153,
is a labor organization within the meaning of Section 2, subsection
(5) of the said Act.
VII. Respondent waives the right to a hearing as set forth in
Sections 10(b) and 10(c) of the said Act, and the making of
Findings of Fact and Conclusions of Law by the National Labor
Relations Board.
VIII. The record in this case shall consist only of the Charge
as amended, Complaint and Notice of Hearing thereon; the
Notices of Postponements referred to in paragraph 11,'a copy of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, and this Stipulation, and may be filed with the Chief
Trial Examiner of the National Labor Relations Board at Wash-
ington, D. C. The Answer filed by Respondent on July 6, 1939,
and all Motions filed by Respondent, are hereby withdrawn
by Respondent and shall not be considered part of the record in
this case.
IX. It is further stipulated that upon the record as'defined in
paragraph VIII hereof an Order may forthwith be entered by the
said Board and by the appropriate Circuit Court of Appeals, if
the Board desires to make application thereto, providing as
follows :
1. Respondent, its officers, agents, successors, and assigns,'shall
cease and desist at its Hartford Plant from :
(a) In any manner interfering with, restraining, or coercing
its employees in the exercise of their right 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 the International Ladies
Garment Workers Union, Local 153, or any other labor organi-
zation of its employees, by discrimination in regard to hire or
tenure of employment or any term or condition of employment.
2. Respondent, its officers, agents, successors, and assigns, shall
take the following affirmative action to effectuate the policies of
the Act :
(a) Offer to Angela Marie D'Agata immediate and full rein-
statement to her former position at the Hartford Plant, without
loss of any rights or privileges previously enjoyed by her;
(b) Post notices in conspicuous places at its Hartford Plant
stating that Respondent will cease and desist as aforesaid, and
keep such notices posted for a period of not less than sixty (60)
days from the date.of posting;
922 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
(c) Notify the Regional Director for the First Region in writ-
ing within ten (10) days from the date of this Order what,:steps
the Respondent has taken to comply therewith.
. And, it is further ordered that the Complaint insofar .as it
alleges that the Respondent has discriminated and is discriminat-
ing in regard to the hire and tenure of employment of Evelyn
Janeczek be, and the same hereby is, dismissed.
And it is further ordered that the Complaint insofar as it refers
to Kolodney & Meyers, Incorporated be, and the same hereby" is,
dismissed.
X. It is further agreed that this Stipulation shall be null and
void and of no effect in the event the National Labor Relations
'Board does not approve this Stipulation and does not enter an
Order based upon the terms and provisions of the said Stipula-
tion, and that in the event the said Board does not approve the
Stipulation and issue an Order based on the terms and provisions
of the said Stipulation the hearing shall be rescheduled and all
parties shall have full and complete opportunity to introduce
such testimony as they desire within the issues as fral]ied.
XI. Respondent waives its right to contest the entry of a decree
by the appropriate Circuit Court of Appeals in the form set forth
above, but shall be given notice of the filing of an application
with the appropriate Circuit Court of Appeals for the entry of a
decree in the form set forth above.
XII. This Stipulation constitutes the entire agreement between
the parties and no verbal agreement, of any kind has been made
which varies, alters or adds to the stipulation.
On October 18, 1939; 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 purpose of entry of a decision and order
by the Board.
Upon the basis of the above stipulation and the entire record in this
case as defined in paragraph VIII of the above stipulation, the Board
makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT a
The respondent, R. Kolodney & Co., Incorporated, a Connecticut
corporation, is engaged in the production, sale, and distribution of
women's clothing at its place of business in the city of Hartford,
Connecticut, herein called the Hartford Plant.
8 Pursuant to the stipulation the complaint with respect to Kolodney & Meyers, Incorpo-
rated is hereinafter dismissed and hence no • findings are made with respect to that
concern and the designation " the respondent". as used hereinafter refers solely to R.
Kolodney & Co., Incorporated.
R. KOLODNEY & COMPANY, INCORPORATED 923
The value of the raw materials used by the respondent in its manu-
facturing operations from January 1, 1938, to January 1, 1939,
amounted to approximately $625,000. More than 85 per cent of these
raw materials were obtained from States other than the State of Con-
necticut. The value of the respondent's finished products during the
same period amounted to approximately $1,089,000. More than 90 per
cent of the finished products manufactured by it are transported from
its Hartford Plant to States other than the State of Connecticut.
The respondent admits, and we find, that it is engaged in interstate
commerce within the meaning of the Act.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case as defined in paragraph VIII of the stipula-
tion, and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that the
respondent, R. Kolodney & Co., Incorporated, its officers, agents, suc-
cessors, and assigns, shall :
1. Cease and desist at its Hartford Plant from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right 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 Rela-
tions Act;
(b) Discouraging membership in the International Ladies Garment
Workers Union, Local 153, or any other labor organization of its
employees, by discrimination in regard to hire or tenure of employ-
ment or any term or condition of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to Angela Marie D'Agata immediate and full reinstate
ment to her former position at the Hartford Plant, without loss of
any rights or privileges previously enjoyed by her;
(b) Post notices in conspicuous places at its Hartford Plant stating
that the respondent will cease and desist as aforesaid, and keep such
notices posted for a period of not less than sixty (60) days from the
date of posting;
(c) Notify the Regional Director for the First Region in writing
within ten (10) days from the date of this Order what steps the
respondent has taken to comply therewith.
924 DECISIONSi OF NATIONAL: LABOR RELATIONS BOARD
AND IT IS FURTHER ORDERED that the complaint in so far as it alleges
that the respondent has discriminated and is discriminating in regard
to the hire and tenure of employment of Evelyn Janeczek be, and
the same hereby is, dismissed.
AND IT IS FURTHER ORDERED that the complaint in so far as it refers
to Kolodney & Meyers, Incorporated be, and the same hereby is,
dismissed.