Gimbel Brothers, Inc, 870 (1952)

National Labor Relations Board

Linked as:

Extract


Gimbel Brothers, Inc, 870 (1952)

take the affirmative action stated below, which it is found is necessary to effectuate the policies of the Act.

Upon the basis of the foregoing findings of fact and entire record in the case,

I make the following:

CONCLI7sIONs OF LAw 1. General Warehousemen & Employees Union, Local 636, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,

AFL, is a labor organization within the meaning of Section 2 (5) of the Act.

2. By inducing and encouraging employees of Frank & Seder to engage in a strike or concerted refusal in the course of their employment to handle shipments of Roy Stone Transfer Corporation, with an object of requiring Frank & Seder to cease doing business with Stone,,the Respondent has engaged in unfair labor practices within the meaning of Section 8 (b) (4) (A) of the Act.

3. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act.

[Recommendations omitted from publication in this volume.] GIMBEL BROTHERS, INC., and ALBERT E. LONGMAN UNITED DEPARTMENT STORE WORKERS OF Nji3W YORK, LOCAL 2, DISTRICT 65, AFFILIATED WITH DISTRIBUTIVE, PROCESSING AND OFFICE WORKERS or AMERICA' and ALBERT E. LONGMAN. Cases Nos. 2-CA-1479 and 2-CB-454. August 28,19-52

Decision and Order On September 5, 1951, Trial Examiner Sidney L. Feiler issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had engaged in certain unfair labor practices and recommending that Respondent United Department Store Workers of New York, Local 2, herein called the Union, cease and desist from the unfair labor practices in which it was found to have engaged, and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. He also found that the Respondents did not engage in certain other unfair labor practices alleged in the complaint, and recommended dismissal of the complaint in those respects.

Thereafter, the Respondent Union and the General Counsel filed exceptions to the Intermediate Report. Respondent Gimbel Brothers,

Inc., herein called Gimbel's, filed a brief in support of the Intermediate Report; the General Counsel also filed a brief in support of his exceptions.

The Respondents' request for oral argument is denied because the record and briefs adequately set forth the positions of the parties.

' The name of the Respondent Union appears as amended at the hearing 100 NLRB No. 114,

GIMBEL BROTHERS, INC. 871

The Board has reviewed the Trial Examiner's rulings made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the following modifications, corrections, and additions :

1. Like the Trial Examiner, we conclude that the Union's affirmative defenses based upon alleged violations by the General Counsel of the offer of settlement 2 and publication of rules 3 provisions of the Administrative Procedure Act are without merit. Nothing in that Act or in the Board's own Statement of Procedure requires the General Counsel to take the initiative in broaching settlement; he need only be receptive to settlement overtures made by parties respondent .4 The Union made none in this case. Assuming, arguendo, that more was required of the General Counsel, he did in fact suggest efforts at settlement on the first day of the hearing, soon enough to meet all possible requirements of the Administrative Procedure Act.5 His insistence upon a consent decree as an indispensible part of a settlement with the Union, moreover, was a proper exercise of his discretion.6 Furthermore, we do not believe that the General Counsel's attitudes as to the terms upon which he will settle various types of cases, attitudes announced only to parties to Board proceedings in the course of discussions of settlement, constitute 'rules' required to be published by Section 3 (a) of the Administrative Procedure Act.T 2. The complaint alleges that Longman was discharged by Gimbel's because the Union insisted upon it, and that his dismissal was therefore a violation of the Act both by Gimbel's and by the Union. In defense, the Respondents assert that Longman was discharged because he persisted in engaging in outside selling activities in violation of company rules and because he flouted the authority of the store's top management. The Trial Examiner concluded that this defense was supported by the record. He therefore recommended dismissal of this allegation. We do not agree.

The record shows, and it was admitted, that the Union had a longstanding antipathy toward Longman, and that Gimbel's was well ' 5 U. S. C. A. Sec. 1004 (b).

1 5 U. S. C. A. Sec. 1002 (a).

41nternationaZ Typographical Union and Baltimore Typographical Unio...

See the full content of this document


ver las páginas en versión mobile | web

ver las páginas en versión mobile | web

© Copyright 2014, vLex. All Rights Reserved.

Contents in vLex United States

Explore vLex

For Professionals

For Partners

Company