Ra-Rich Manufacturing Corp.

National Labor Relations Board - Board Decisions

Aug 28, 1958

121 N.L.R.B. 700 (N.L.R.B. 1958)

700 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon all the evidence, I find that at all times the picketing and boycott activities
of the Union had for its purpose the forcing of the Company to extend exclusive
recognition to it, at a time when it represented far less than a majority of the
Company's employees Recently in Curtis Brothers, Inc, and companion cases, the
Board held that such conduct was a violation of Section 8 (b) (1) (A) The con-
tentions, and arguments, here proposed by the Union were considered and rejected
by the Board in the cited cases 12
Upon all the evidence, I find that the Union has violated Section 8 (b) (1) (A)
of the Act as alleged in the complaint
IV THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Union set forth in section III, above, occurring in connection
with the activities of the Company described in section I, above, have a close, inti-
mate, and substantial relation to trade, traffic, and commerce among the several
States and tend to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce
V THE REMEDY
Having found that the conduct of the Union constitutes a violation of Section 8
(b) (1) (A) of the Act, it will be recommended that it cease and desist therefrom
and take certain affirmative action designed to effectuate the policies of the Act
Upon the basis of the foregoing findings of fact, and upon the entire record in
the case, the Trial Examiner makes the following
CONCLUSIONS OF LAW
1 Department Store Employees Union, Local 1100, AFL-CIO, and Retail Shoe
& Textile Salesmen's Union, Local 410, AFL-CIO, are labor organizations within
the meaning of Section 2 (5) of the Act
2 By picketing the premises of Lane Bryant, by making appeals to the Company's
customers not to do business with Lane Bryant, and by placing Lane Bryant's name
on their unfair lists, for the purpose of securing recognition as the statutory rep-
resentative of Lane Bryant's employees, when they did not represent a majority of
the employees of said Company, the Respondent Unions have violated Section
8 (b) (1) (A) of the Act.
[Recommendations omitted from publication ]
"Curtis Brothers , Inc, 119 NLRB 232, Alloy Manufacturing Company, 119 NLRB 307,
Shepherd Machinery Company, 119 NLRB 320
Ra-Rich Manufacturing Corporation and Aluminum Metal Al-
loys, Aircraft Components & Allied Trades, Local 142, Coopers
International Union, AFL-CIO. Case No 2-CA-5182 August
28, 1958
ORDER REOPENING RECORD AND REMANDING
PROCEEDING
On April 21, 1958, he Board issued a Decision and OrderI in the
above-entitled proceeding, finding that the Respondent committed
certain unfair labor practices, including the discharge of employees
for union activities
On July 31, 1958, the Respondent filed with the Board a motion to
reopen record in order "to permit Respondent to cross-examine all
witnesses after being furnished copies of their affidavits, that the
1120 NLRB 503
121 NLRB No 90
RA-RICH MANUFACTURING CORPORATION 701
findings of fact and conclusions of law of the Trial Examiner be set
aside , and that the Board's Decision and Order herein be vacated
pending the making of new findings of fact and conclusions by the
Trial Examiner." The General Counsel has filed no opposition to the
Respondent's motion to reopen the record. The Board having duly
considered the matter, and it appearing to the Board that :
(1) At the conclusion of the direct examination of the General
Counsel's first witness before the Trial Examiner, after establishing
that the witness had furnished the General Counsel with a sworn
statement concerning the matters testified to, the Respondent re-
quested the attorney for the General Counsel to make such affidavit
available to the Respondent for the purposes of cross-examination.
This request was refused by the attorney for the General Counsel. It
was stipulated that, if a similar demand were made in each instance,
the attorney for the General Counsel would likewise refuse to produce
similar statements of the remainder of the General Counsel's
witnesses.
(2) Efforts by the Respondent through issuance of a subpoena
daces tecum and through a formal request to the General Counsel were
also unsuccessful, the General Counsel refusing the request and the
Board, upon appeal, overruling the Trial Examiner's refusal to quash
the subpena.
(3) At the hearing before the Trial Examiner, among other things,
there was a conflict in testimony as to whether certain employees were
discharged by the Respondent or whether they left the plant premises
as strikers. In its Decision, the Board adopted the Trial Examiner's
resolutions crediting the General Counsel's witnesses.
(4) Among other grounds, the Respondent excepted to the Trial
Examiner's Intermediate Report on the ground that the failure to
permit the Respondent to use the affidavits in cross-examination of the
General Counsel's witnesses violated the Respondent's right to due
process of law. The Board rejected this exception on the authority
of the Great Atlantic and Pacific case,2 118 NLRB 1280, holding that
the Jencks case, 353 U. S. 657, did not apply to proceedings before the
Board.
(5) In its motion to reopen, the Respondent contends (a) that the
U. S. Court of Appeals for the Second Circuit in the intervening
Adhesive Products case, 258 F. 2d 403, held that Jencks applied to
Board proceedings and afforded parties thereto the right to use affi-
davits supplied the Board by witnesses and (b) that Adhesive
Products is controlling here inasmuch as enforcement proceedings in
the instant case will come up before the same court of appeals :
The Board now holds, in conformity with the decision of the Court
of Appeals for the Second Circuit in Adhesive Products, that the
2 Member Jenkins dissented in Great Atlantic and Pacific.
702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I holding of the Jencks case applies to Board proceedings and affordsparties thereto, upon proper demand, the right to production for pur-
poses of cross-examination of-pretrial statements made by witnesses
who have already testified in such proceedings. To the extent incon-
sistent with this holding, the Great Atlantic and Pacific case, referred
to above, is hereby overruled.
[The Board ordered the record reopened; and that a further hear-
ing be held before Trial Examiner John H. Eadie to permit the
Respondent to cross-examine the General Counsel's witnesses after
being furnished with copies of any pretrial statements made by them
directly related to their testimony in the proceeding.]
[The Board further remanded this proceeding to the Regional
Director.]
[The Board further ordered that, upon conclusions of the supple-
mental hearing, unless the parties waive their rights to such hearing,
the Trial Examiner serve upon the parties a Supplemental Interme-
diate Report.]
Local No. 688, Warehouse and Distribution Workers' Union, and
Local 600, Highway and City Freight Drivers, Dockmen and
Helpers, both affiliated with International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of Amer-
ica,' [Acme Paper Company, et al.] and Thomas E. Toney, Jr.
Cases Nos. 14-VC-104 and 14-CC-105. August 29, 1958
DECISION AND ORDER
On September 16, 1957, Trial Examiner Lloyd Buchanan issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondents had engaged in and were engaging in certain unfair labor
practices and recommending that they cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondents filed
exceptions, and the General Counsel filed exceptions and a support-
ing brief.
The Board has reviewed the rulings made by the Trial Examiner at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and brief, and the entire record in this
case, and hereby adopts the findings, conclusions, and recommenda-
The Board having been notified by the AFL-CIO that it deems the Teamsters' cer-
tificate of affiliation revoked by convention action, the identification of this Union is
hereby amended.
121 NLRB No. 88.