Edward F. Reichelt, Robert J. Hill And Russel J. Jensen, Doing Business As a Co-partnership Under The Name And Style Of Paul A. Reichelt Co. And Chicago Fur Workers Union, Local No. 45, 262 (1940)

In the Matter of EDWARD F. REICHELT, ROBERT J. HILL AND RUSSEL J.

JENSEN, DOING BUSINESS AS A CO-PARTNERSHIP UNDER THE NAME AND STYLE OF PAUL A. REICHELT Co. and CHICAGO FUR WORKERS UNION,

LOCAL NO. 45 Case No. C-1031.-Decided March 7, 1940 Fur Garment Manufacturing Industry-Interference, Restraint, and Coercion:

expressed determination not to deal with union; replacing union employee with a new employee shortly after his discharge; shut-down; closing of shop and adopting indirect method of manufacture; employing their own non-union employees and others under guise of a fictional 'independent contractor' relationship to conceal evasion of Act-Discrimination: lock-out and discharges pursuant to-Reinstatement Ordered: locked-out employees; respondents not ordered unconditionally to desist from system of contracting out work since respondents may be able to make reinstatements without such desisting-Back Pay: awardedEmployee Status: so called 'independent contractor' and his employees whose purported independent operations are subject to respondents' direction and control are employees within the meaning of the Act; contract purporting to establish status not controlling-Unit Appropriate for Collective Bargaining: all the respondents' employees engaged in the manufacture of fur garments, excluding supervisory and clerical employees; no controversy as to-Representatives:

proof of choice: union records and testimony by 12 employees that they were members-Collective Bargaining: lock-out of employees in reply to union's attempt to bargain held violation of Section 8 (5); respondents ordered to bargain with union.

Mr. Stephen M. Reynolds, for the Board.

Rathje & Connor, by Mr. Fred A. Rathje and Mr. Oliver B. Opsahl, of Chicago, Ill., for the respondents.

Mr. Abe Feinglass and Mr. Lew Goldstein, of Chicago, Ill., for the Union.

Elizabeth W. Weston, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Chicago Fur Workers Union, Local No. 45, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued and 262 duly served its complaint dated August 6, 1938, against Edward F.

Reichelt, Robert J. Hill,1 and Russel J. Jensen, doing business as a copartnership under the name and style of Paul A. Reichelt Company, herein called the respondents, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.

With respect to the unfair labor practices, the complaint alleged, in substance, that: (1) although a majority of their employees in an appropriate unit had designated the Union as their representative for the purposes of collective bargaining, the respondents on or about April 7, 1937, and at all times thereafter had refused to bargain collectively with the Union; (2) on or about April 8, 1937, the respondents locked out and discharged and thereafter refused and failed to reemploy 13 named employees because said employees joined and assisted the Union and engaged in concerted activities for the purposes of collective bargaining and other mutual aid and protection; (3) by the foregoing acts, by questioning certain employees about their union affiliation, by employing manufacturing concerns to manufacture some of the finished products which the respondents sell and distribute, and by carrying on a substantial part of their necessary manufacturing operations through an agent or employee named Bernard Coy, the respondents interfered with, restrained, and coerced their empl...

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