It having been charged by Plastic, Moulders, Fetal & Novelty Workers Union, Local 132, International Ladies' Garment Workers' Union, AFL-CIO, herein called the Union, that Electro-Harmonix, Inc., herein called Respondent, has engaged in, and is engaging in, unfair labor practices affecting commerce as set forth and defined in the National Labor Relations Act, as amended, 29 U.S.C. Sec. 151, et seq., herein called the Act, the General Counsel of the National Labor Relations Board, on behalf of the National Labor Relations Board, herein called the Poard, by the undersigned, pursuant to Section 10 (b) of the Act, and Section 102.15 of the Board's Rules and Regulations, Series 8, as amended, hereby issues this Complaint and Notice of Hearing and alleges as follows: 1. The charge in this proceeding was filed by the Union on August 19, 1981, and served by certified rail upon Respondent on August 20, 1981. 2. (a) At all times material herein, Respondent, a New York corporation, with its principal office and place of business at 27 West 23rd Street, New York, New York, herein called its facility, has been engaged in the manufacture and distribution of electronic music accessories. (b) Annually, Respondent, in the course and conduct of its business operations described above in subparagraph (a), purchases and receives at its facility goods and supplies valued in excess of $50,000 directly from enterprises located outside the State of New York. 3. Respondent is, and has been at all times material herein, an employer engaged in commerce within the meaning of Section 2(2), (6) and (7) of the Act. 4. The Union is, and has been at all times material herein, a labor organization within the meaning of Section 2(5) of the Act. 5. At all times material herein, the following named persons have occupied the positions set forth opposite their respective names, and are now, and EXHIBIT A have been at all times raterial herein, supervisors of Respondent within the meaning of Section 2(11) of the Act and agents of Respondent, acting on its behalf: 6. On or about August 3, 1981, the Union commenced an organizational campaign among certain of Respondent's employees. 7. On or about August 3, 1981, Respondent, by tatthews, at its facility: (a) promised employees increased wages, holidays and other unspecified improvements in their terms and conditions of employment if they rejected the Union as their collective-bargaining representative; (b) threatened exployees with stricter terms and conditions of employnent if they selected the Union as their collective-bargaining representative; and (c) warned and advised employees not to sign membership or authoriza tion cards on behalf of the Union. facility: 8. On or about August 3, 1981, Respondent, by Cartageno, at its (a) promised employees unspecified wage increases if said employees rejected the Union as their collective-bargaining representative; (b) threatened employees with unspecified reprisals if said employees selected the Union as their collective-bargaining representative; (c) threatened employees with discharge if said employees signed membership or authorization cards on behalf of the Union; and (a) advised employees that they could not sign membership or authorization caras on behalf of the Union. 9. On or about August 7, 1981, Respondent, by Matthews, granted a retroactive wage increase to certain of its employees. 10. T'espondent engaged in the conduct described above in paragraph S because its employees joined, suportes and assisted the Union, and in order to čiscourage eloyees from engaging in such activities or other concerted activities for the purpose of collective bargaining or other utual aid or protection. 11. By the acts and conduct described above in paragraphs 7 through 10, Respondient has interfere with, restrained and coerced, and is interfering with, restraining and coercing, employees in the exercise of the rights guaranteed in Section 7 of the Act, and Fespondent thereby has been engaging in unfair labor prac tices within the meaning of Section (a) (1) of the Act. -2 12. By the acts and conduct described above in paragraphs 9 and 10, Respondent has discriminated, and is discriminating, in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization, and Respondent thereby has been engaging in unfair labor practices within the meaning of Section 8(a) (1) and (3) of the Act. 13. The acts and conduct of Respondent, described above in paragraphs 7 through 12, occurring in connection with the operations of Respondent, described above in paragraphs 2 and 3, have a close, intimate and substantial relation to trade, traffic and commerce among the several states and tend to lead, and have led, to labor disputes burdening and obstructing commerce and the free flow of commerce within the meaning of Section 2(6) and (7) of the Act. PLEASE TAKE NOTICE that commencing at a time and place to be designated, and on consecutive days thereafter, a hearing will be conducted before a duly designated administrative law judge of the National Labor Relations Board on the allegations set forth in the above Complaint, at which time and place you will have the right to appear in person, or otherwise, and give testimony. You are further notified that, pursuant to Sections 102.20 and 102.21 of the Board's Rules and Regulations, Series 8, as amended, Respondent shall file with the undersigned, acting in this matter as an agent of the National Labor Relations Board, an original and four (4) copies of an answer to said Complaint within ten (10) days from the service thereof, and that, unless it does so, all of the allegations in the Complaint shall be deemed to be admitted to be true and shall be so found by the Board. You are also notified that pursuant to said Rules and Regulations, Respondent shall serve a copy of the answer on each of the other parties. Form NLRB-4668, Statement of Standard Procedures in Formal Hearings Held Before the National Labor Relations Board in Unfair Labor Practice Cases, is attached. Dated at New York, New York, this 17th day of September, 1981. Daniel Silverman Regional Director National Labor Relations Board 26 Federal Plaza, Room 3614 Attachments -3 PLEASE TAKE NOTICE that the hearing in the above-captioned case will commence at 10 a.m. on July 28, 1982, and on consecutive days thereafter until completed, at 26 Federal Plaza, Room 3614, New York, New York. Dated at New York, New York, this 23rd day of October, 1981. Daniel Silverman Daniel Silverman Regional Director National Labor Relations Board 26 Federal Plaza, Room 3614 EXHIBIT B |