The Federbusni Co., Ino. And United Paper Workers, Local 292, Affiliated With The United Paper, Envelopm And Toy Workers' International Union, C. I. O., 539 (1941)

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The Federbusni Co., Ino. And United Paper Workers, Local 292, Affiliated With The United Paper, Envelopm And Toy Workers' International Union, C. I. O., 539 (1941)

In the Matter of THE FEDERBUSnI CO., INO. and UNITED PAPER WORKERs, LocAL 292, AFFILIATED WITH THE UNITED PAPER, ENVELOPm AND TOY WORKERs' INTERNATIONAL UNION, C. I. O.

Case No. C-1859.-Decided August 920, 1941 Jurisdiction: loose-leaf binder manufacturing industry.

Unfair Labor Practices Interference, Restraint, and Coercion: anti-union statements.

Statements which were normally calculated to reach the employees and discourage them from joining or assisting the union constitutes interference with and restraint of employees in violation of 8 (1), although made to the union's business manager, who was not an employee of the respondent.

Discrimination: inducement of employee to resign by notifying him of imminent discharge, because of his union activities; charge of insubordination as to one employee a pretext and not the real reason for his discharge, which was in fact motivated by employee's union activities; discharge of an employee because of union activities rather than negligence; two employees in fact discharged because of union activities, rather than laid off because of lack of work and told to report in 2 weeks, as alleged by employer.

Remedial Orders: reinstatement with back pay from date of discharge to date of offer of reinstatement ordered as to three employees who desire reinstatement; back pay from date of discharge to date upon which other employment was obtained ordered as to one employee who does not desire reinstatement; reinstatement, upon his application within 30 days after his future discharge from army, ordered as to employee who enlisted in army after his discharge by employer; back pay ordered to be paid to latter employee both for period between date of discharge by employer to date of enlistment, and for period between date 5 days after his timely application for reinstatement after his discharge and date of offer of reinstatement.

Mr. Daniel R. Dimick, for the Board.

Mr. Irving D. Springer, and Mr. Jacob E. Hurwitz, of New York City, for the respondent.

Mr. Moses C. Weinman, of New York City, for the Union.

Miss Mary E. Perkins, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by United Paper Workers,

Local 292, affiliated with the United Paper, Envelope and Toy Workers' International Union, C. I. O.,2 herein called the Union, the National Labor Relations Board, herein called the Board, by the Acting Regional Director for the Second Region (New York City), issued its complaint dated January 25, 1941, against The Federbush Co., Inc., of New York City, herein called the respondent, alleging that the respondent had engaged in and was 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, accompanied by notice of hearing, were duly served upon the respondent and the Union.

With respect to the unfair labor practices, the complaint alleged in substance (1) that the respondent discouraged membership in the Union by discharging 5 named employees on specified dates,8 and thereafter refusing to reinstate them, because they joined or assisted the Union or engaged in concerted activities for the purposes of collective bargaining or other mutual aid or protection; (2) that the respondent from about January 18, 1940, has urged, persuaded, and warned its employees to refrain from aiding, or becoming or remaining members of, the Union, and has threatened its employees with discharge or other reprisals if they aided the Union or its members;

and (3) that by the foregoing and other acts, the respondent has interfered with, restrained, and coerced its employees in their exercise of the rights guaranteed in Section 7 of the Act.

On February 10, 1941, the respondent filed its answer denying that it had engaged in any of the alleged unfair labor practices and making affirmative...

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