NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
MOE SCHARFSTEIN & PHIL SCHARFSTEIN, D/B/A STEIN-WAY CLOTHING COMPANY, RESPONDENTS

6th Cir. | 1953-12-02
No. 11984
209 F.2d 261 United States Court of Appeals for the Sixth Circuit (1953)

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Holding

The court ordered the respondents to cease and desist from unfair labor practices and to take affirmative action to comply with the National Labor Relations Board's order.


Facts & Procedural History

The National Labor Relations Board issued an order against Respondents for unfair labor practices. Respondents failed to file a counter-designation an…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The National Labor Relations Board, having on March 31, 1953 issued an order against Respondents, and having filed its brief and record in the above case, and subsequent thereto having filed its motion for summary entry of decree due to Respondents failure to file a counter-designation and brief, this Court on being fully advised in the premises handed down its decision granting said motion. In conformity therewith, it is hereby

Ordered, adjudged and decreed that the Respondents, Moe Scharfstein & Phil Scharfstein, d/b/a Stein-Way Clothing Company, their officers, agents, successors and assigns shall.

1. Cease and desist from:

(a) Refusing to bargain collectively with United Textile Workers of America, AFL, as the exclusive representative of all their employees in the appropriate unit with respect to rates of pay, wages, hours of employment, or other conditions of employment, and failing or refusing to furnish the union a list of employees with their job classifications, date of hire and rate of pay, information as to piece rate computation and studies in connection with work load grievances;

(b) Threatening employees concerning their union activities; and

(c) In any like or related manner interfering with, restraining, or coercing their employees in the exercise of the right to self-organization, to form labor organizations, to join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concert activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities, except to the extent that such rig'dit may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8(a) (3) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 158(a) (3).

2. Take the following affirmative action, which the National Labor Relations Board has found will effectuate the policies of the National Labor Relations Act, as amended, 29 U.S.C.A. § 151 et seq.

(a) Upon request, bargain collectively with United Textile Workers 0f America, AjrL) as the exclusive representative of ^he employees in the appropriate unit, furnish the union a list of employees wjth their job classifications, date of hire and rate 0f pay; information as to piece rade computation and studies in con-noction with work load grievances, and embody in a signed agreement any understanding reached;

(b) post at their plant in johnson City> Tennessee, copies of the notice attached hereto and marked Appendix A. Copies of said notice, to be furnished by the Regional Director for the Tenth Region of the National Labor Relations Board, Atlanta, Georgia, shall, after being duly signed by the Respondents’ representative, be posted by the Respondents immediately upon receipt thereof, and be maintained by them for sixty (60) consecutive days thereafter, in conspicuous places, including all places where notices to their employees are customarily posted. Reasonable steps shall be taken by the Respondents to insure that said notices are not altered, defaced, or covered by any other material; and

and must not altered, defaced, or covered by any other material,


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