Acme Felt Works, Inc.,

National Labor Relations Board - Board Decisions

Sep 26, 1940

27 N.L.R.B. 508 (N.L.R.B. 1940)

In the Matter of ACME FEIJr WORKS, INC., and TEXTILE WORKERS
UNION OF AMERICA, LOCAL No. 99 (C. I. 0. )
Case No. C4673.-Decided September 26, 1940
Jurisdiction : cotton felt manufacturing and processing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. James A. Cobey and Mr. David Sokol, for the Board.
Gallagher, Wirin c Johnson, of Los Angeles, Calif., by Mr. Leo
Gallagher, for the Union.
Simon cC Licker, by Mr. Melvin Simon, and Mr. David T. Good-
man, both of Los Angeles, Calif., for,the Company.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Textile Workers Union of America,
Local N6.99 (C. I. 0.), herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Twenty-first Region (Los Angeles, California) issued its
complaint dated August 16, 1940, against Acme Felt Works, Inc.,
Los Angeles, California, 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
(5) and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. Copies of the complainf together
with notice of hearing thereon were duly served upon the respondent
and the Union.
Concerning the unfair labor practices, the complaint alleged in sub-
stance (1) that the respondent on March 28, 1940, and at all times
thereafter refused to bargain collectively with the Union as the ex-
clusive bargaining representative of the respondent's employees in an
appropriate unit consisting of its production and maintenance em-
ployees, including truck drivers, but excluding clerical and super-
27 N. L. R. B., No. 103.
508
ACME FELT WORKS, INC. 509
visory employees; and (2) that the respondent, by the foregoing acts
and by advising its employees not to join any labor organization, by
threatening to close its plant if its employees continued to seek col-
lective bargaining through the Union, by offering employees who
abandoned the Union promotion, and by other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. Thereafter, the respondent filed,
its answer to the complaint denying the material allegations thereof
with respect to the unfair labor practices.
Pursuant to notice a hearing was held on August 29 and 30 and
September 3, 1940, at Los Angeles, California, before William B.
Barton, the Trial Examiner duly designated by the Board. The
Board, the respondent, and the Union were represented by counsel
and participated in the hearing. On September 3, 1940, the respond-
ent, the Union, and counsel for the Board entered into a stipulation
in settlement of the case and the Trial Examiner ordered the hearing
adjourned into further notice. On September 12, 1940, the same
parties entered into another stipulation in settlement of the case.
This stipulation provides as follows:
It is hereby agreed by and between Acme Felt Works,Inc.,
hereinafter referred to as Respondent, Textile Workers Union
of America, Local No. 99 (C. I. 0.), and David Sokol, Attorney
for the National Labor Relations Board, that :
Respondent, a corporation organized and existing under and
by virture of the Laws of the State of California and having its
sole place of business at 6500 Stanford Avenue, Los Angeles,
California, is engaged in the manufacture, processing and sale
of cotton felt for the stuffing of mattresses, furniture and com-
forters. In the operation of this business the principal raw
materials used by the Respondent are staple cotton and cotton
linters. During the fiscal year May 1, 1939 to April 30, 1940,
Respondent purchased approximately $150,000 of the aforesaid
raw materials-.principally from brokers. Of these purchases,
over twenty percent, amounting in value to a sum 'exceeding
$30,000.00, were purchased for Respondent by the said brokers
from suppliers located outside the State of California. During
this same period, Responrent sold not more than $250,000 worth
of cotton felt manufactured and processed by it. Approximately
10% of this cotton felt, amounting in value to not more than
$25,000 was sold to customers located outside the State of Cali-
fornia. In addition, a substantial portion of the cotton felt sold
locally to manufacturers of furniture, mattresses and comforters
was further processed by them and then resold anchor dis-
tributed to persons and business establishments located outside
510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the State of California. Respondent concedes, for the purposes
of this proceeding only, that the operations of its business of
fects commerce within the meaning of the National Labor Re-
lations Act.
It is further stipulated that the Textile Workers Union of
of America, Local No. 99 (C. I. 0.), hereinafter referred to as
the Union, is a labor organization within the meaning of Section
2 (5) of the Act.
It is further stipulated that the parties hereto waive their
right to a hearing set forth in Section 10, subsection (b) and (c)
of the Act, and the taking of testimony or evidence before an
Examiner of the National Labor Relations Board in this matter
concerning the charge and allegations in the complaint herein,
and said parties hereto waive the making of findings of fact and
conclusions of law by the Board herein.
It is stipulated that all persons employed by Respondent at
,its aforementioned plant as production and maintenance em-
ployees, including truck drivers, but excluding clerical and
supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining and that such unit will insure
to these employees of the Respondent the full benefit of their
right to self-organiation and to collective bargaining and would
otherwise effectuate the policies of the National Labor Relations
Act.
It being further stipulated that on March 28, 1940, and at all
times thereafter, the Union was the duly designated representa-
tive of the majority of the employees in the appropriate unit
above described and that, by reason of Section 9 (a) of the Na-
tional Labor, Relations Act, was, on that date and at all times
thereafter, the exclusive representative of all the employees in
such unit for the purposes of collective bargaining with the Re-
spondent in respect to rates of pay,,wages, hours of employment,
and other conditions of employment.
The parties hereto consent that the National Labor Relations
Board may, upon the pleadings herein and upon this stipulation,
enter an order to the following effect, such order having the
same force and effect as if made by the National Labor Relations
Board after hearing, the taking of evidence, and the making
of findings of fact and conclusions of law by the Board :
ORDER
Acme Felt Works, Inc., a Corporation, its officers , agents,
successors , and assigns, shall: .
ACME FELT WORKS, INC. 511
1. Refrain from :
a. Interfering with, restraining, or coercing its employees in
the exercise of their right to self organization, to, form, join,
or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to -engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the Act;
b. Refusing to bargain collectively with. Textile Workers
Union of America, Local No. 99 (C. I. 0.), as exclusive repre-
sentative of the Respondent's production and maintenance em-
ployees, including truck drivers but excluding office, clerical, and
supervisory employees at the Los Angeles plant;
2. Take the following affirmative action in order to effectuate
the policies of the National Labor Relations Act :
a. Upon request bargain collectively with Textile Workers
Union of America, Local No. 99 (C. I. 0.), as the exclusive repre-
sentative of their production and maintenance employees, includ-
ing truck drivers but excluding office, clerical, and supervisory
employees at the Los Angeles plant, in respect to rates of pay,
wages, hours of employment, and other conditions of employ-
ment, and, if an understanding is reached on such matters, em-
body said understanding in a signed agreement for a definite
term ;
b. Post immediately, and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, notices in
conspicuous places in and about the plant that the respondent
will refrain in the manner set forth in 1 (a) and (b), and that
it will take the affirmative action set forth in 2 (a) of this
Order; and that Respondent's employees are free to become and
remain members of Textile Workers Union of America, Local
No. 99 (C. I. 0.), and that Respondent will not discriminate
against any employee because of his membership- or activity in
that or any other labor organization.
c. Notify the Regional Director for the Twenty-first Region in
writing within ten (10) days from the date of this Order what
steps the Respondent has taken to comply herewith.
It is Stipulated and Agreed, that the United States Circuit
Court of Appeals for the Ninth circuit, may, upon application
of the National Labor Relations Board, enter a Decree, the form
of which has heretofore been approved by the respondent, en-
forcing the aforesaid Order of the Board, pursuant to this Stip-
ulation. Respondent expressly waives its right to contest the
entry of said Decree, as heretofore approved by respondent.
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It is understood and agreed'that the entire agreement is con-
tained within the terms of this Stipulation and that there is no
verbal agreement of any kind which varies, alters or adds to
this Stipulation.
It is further ) understood and agreed that this Stipulation is
subject to the approval of the Board and shall become effective
immediately upon the granting of such approval. Tf the Board
does not approve this Stipulation, it shall be void and of no
effect and shall not be used as evidence in this or any other
case.
On September 18, 1940, the Board issued its order approving the
Stipulation of September 12, 1940, making it ' a part of the record,
and, pursuant to Article II, Section 36, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, transfer-
ring the proceeding to the Board for the purpose of entry of a
decision and order by the Board pursuant to the provisions of the
stipulation.
Upon the basis of the above' stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, Acme Felt Works, Inc., is a California corporation
having its sole place of business in Los Angeles, California.' It is
engaged in the manufacture, processing, and sale of cotton felt for
th stuffing of -mattresses, furniture, and comforters. In the opera-
tion of this business the principal raw materials used by the respond-
ent are staple cotton and cotton linters. Between May 1, 1939, and
April 30, 1940, the respondent purchased principally from brokers,
approximately $150,000 worth of such raw materials. Over 20 per
cent in value of such materials were purchased for the respondent by
brokers from suppliers located outside the State of California. Dur-,
ing the same period the respondent sold approximately $250,000
worth of cotton felt manufactured and processed by it. Approxi-
mately 10 per cent of this cotton felt, valued at not more than $25,000,
was sold to customers located outside the State of California. A
substantial portion of the cotton felt sold locally to manufacturers of
furniture, mattresses, and comforters was further processed by them
and then resold and distributed to persons and business establish-
ments located outside the State of California. The respondent con-
cedes that its business operations affect commerce within the meaning
of the Act. -
ACME -FELT WORKS, INC. 513
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Acme Felt Works, Inc., a Corpo-
ration, its officers, agents, successors, and assigns shall:
1. Refrain from :
a. Interfering with, restraining, or coercing its employees in the
exercise of their right to self organization, to form, join, or assist
labor organizations, to bargain collectively through representatives
of their own choosing, and to engage in concerted activities for the
purpose of collective bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the Act;
b. Refusing to bargain collectively with Textile Workers Union of
America, Local No. 99 (C. I. 0.), as exclusive representative of the.
Respondent's production and maintenance employees, including truck
drivers but excluding office, clerical, and supervisory employees at the
Los Angeles plant;
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act :
a. Upon request bargain collectively with Textile Workers Union
of America, Local No. 99 (C. I. 0.), as the exclusive representative
of their- production and maintenance employees, including truck
drivers but excluding office, clerical, and supervisory employees at
the Los Angeles plant, in respect to rates of pay, wages, hours of
employment and other conditions of employment, and, if an under-
standing-is reached on such matters, embody said understanding in a
signed agreement for a definite term; -
b. Post immediately, and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, notices in
conspicuous places in and about the plant that the respondent will
refrain in the manner set forth in 1 (a) and (b), and that it will
take the affirmative action set forth in 2 (a) of this Order; and that
Respondent's employees are free to become and remain members' of
Textile Workers Union of America, Local No. 99 (C. I. 0.), and that
Respondent will not discriminate against any employee because of
his membership or activity in that or any other labor organization;
c. Notify the Regional Director for the Twenty-first Region in
writing within ten (10) days from the date of this Order what steps
the Respondent has taken to comply herewith.
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