Aristocrat Linen Supply Co., Inc.

National Labor Relations Board - Board Decisions

Jan 29, 1965

150 N.L.R.B. 1448 (N.L.R.B. 1965)

1448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Aristocrat Linen Supply Co., Inc. and AFL-CIO Laundry & Dry
Cleaning International Union , Petitioner. Case No. 5-RC-45&3.
January 29, 1965
DECISION AND CERTIFICATION
OF REPRESENTATIVE
Pursuant to a stipulation for certification upon consent election,
an election by secret ballot was conducted on April 24, 1964, under
the direction and supervision of the Regional Director for Region 5
among the employees in the unit described below. At the conclusion
of the election, the parties were furnished a tally of ballots which
showed that of approximately 56 eligible voters, 54 ballots were cast,
of which 28 were for, and 25 against, the Petitioner, with 1 ballot
challenged. Thereafter, the Employer filed timely objections to
conduct affecting the results of the election.
On September 18, 1964, the Acting Regional Director for Region 5
issued and duly served on the parties his report on objections recom-
mending that the objections be overruled in their entirety and that
Petitioner be certified as bargaining representative for the employees
involved. On October 28, 1964, the Employer filed timely excep-
tion to the report.
Upon the entire record in this case, the National Labor Relations
Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act and it will effectuate the purposes
of the Act to assert jurisdiction herein.
2. The labor organization involved claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain employees of the Employer within the meaning of
Section 9(c) (1) and Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the following employ-
ees of the Employer constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9(b) of the
Act : _
All production and maintenance employees, including leadmen,
leadladies, and production clericals, excluding office clericals, drivers,
driver-salesmen, guards, and supervisors as defined in the Act, as
amended.
•150 NLRB No. 140.
ARISTOCRAT LINEN SUPPLY CO., INC . 1449
5. The Board has considered the objections, the Acting Regional
Director's report, and the Employer's exceptions and brief, and
hereby adopts the Acting Regional Director's findings, conclusions,
and recommendations.'
Accordingly, as the tally of ballots shows that the Petitioner has
received a majority of the valid ballots cast, we shall certify it as
the exclusive bargaining representative for the employees in the
appropriate unit.
[The Board certified AFL-CIO Laundry & Dry Cleaning Inter-
national Union as the designated collective-bargaining representa-
tive of the employees of the Employer in the stipulated unit.]
1 The exceptions , in our opinion , raise no issue which would warrant reversal of the
Acting Regional Director 's findings and recommendations.
REPORT ON OBJECTIONS
Pursuant to a stipulation for certification upon consent election approved March 2,
1964, a secret-ballot election 1 was conducted under the supervision of the Regional
Director on April 24, 1964 , with the following results:
Approximate number of eligible voters ------------------------------ 56
Void ballots ---------------------------------------------------- 0
Votes cast for Petitioner ------------------------------------------ 28
Votes cast against participating labor organization --------------------- 25
Valid votes counted ---------------------------------------------- 53
Challenged ballots ------------------------------------------------ I
Valid votes counted plus challenged ballots --------------------------- 54
Challenges are not sufficient in number to affect the results of the election.
Timely objections to conduct affecting the results of the election were filed by the
Employer on May 1 , 1964 .2 . I have carefully considered the objections and report
as follows:
The Employer 's Objections
For that the Petitioner herein , by, through and in connection with various
agents, representatives , individuals and groups engaged in a deliberate and sus-
tained campaign of inflammatory and intemperate appeals to the racial emo-
tions and prejudices of the employees of the Employer herein , thereby creating
an atmosphere surrounding the election which prevented a fair and free elec-
tion of employee choice.
In support of its position on the above objection , the Employer submitted the
following examples:
1. The employees of the Employer were given a leaflet which is headed
"What Does the Reverend Martin Luther King Jr. Have to Say About Labor
Unions?" The end of the leaflet "informed" the reader "That is why the labor
hater is almost always a twin -headed creature spewing anti -negro talk from one
mouth and anti-union propaganda from the other."
1 The unit is : "All production and maintenance employees , including leadmen, leadladies,
and production clericals , excluding office clericals , drivers, driver - salesmen, guards, and
supervisors as defined in the Act , as amended." -
2 The petition was filed on February 3, 1964 . Acting Regional Director Henry L. Segal
will consider on its merits only that alleged interference which occurred during the
critical period which begins on and includes the date of the filing of the petition and
extends through the election. Goodyear Tire and Rubber Company, 138 NLRB 453.
1450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Another .example of the tenor of the Petitioner 's campaign is found in the
booklet distributed to the employees entitled "Equal Rights For All". This
booklet is devoid of anything germane to the issues surrounding the election but
presents the AFL-CIO as the champion of "civil rights". The entire booklet is
racially oriented seeking support for the Union as a result of its views on "civil
rights". The booklet attempts to contrast the Union 's position on "civil rights"
with that of Management . Illustrative are the following excerpts:
"Newspaper stories early in 1964 told of a growing alliance between
employers and right-wing extremist organizations , with opposition to FEP
as the chief goal. [Emphasis supplied.]
"In some cases , at least, the disgraceful attitude of some employers may
have an economic motive. According to a Department of Commerce sur-
vey, the average income of a white family in 1961 was $5,570 ; the average
for a Negro family was $ 2,908. This spells low Negro wages ; this is what
some employers want." [Emphasis supplied.]
3. In addition to the "literature" disseminated directly to the employees by
the Petitioner , the Union's activities caused third persons to unwittingly inter-
vene on the Union's behalf . From the pulpits the message was delivered that
support for the Union was tantamount to support for a liberal stand on civil
rights. Certainly the Union is not in a position to disavow the acts of the vari-
ous groups which acted in its behalf , when the Union created the atmosphere
which induced and instigated others to take an active part on their behalf.3
4. The Petitioner for the past several months has been engaged in other
organizational campaigns , attempting to organize the employees of other laun-
dries and linen supply companies in the Employer 's community . These cam-
paigns, without exception have been racially oriented . The effect of these cam-
paigns was to create an anti-laundry management feeling based upon racial
prejudice in the entire community . As a result , the Umon " literature" distrib-
uted in other organizational campaigns found its way home in the present pro-
ceedings , although possibly not originally intended for the employees of the
Employer . The Petitioner 's tactics can be illustrated by the propaganda used in
the election in The Archer Laundry Company , which is case No . 5-RC-4522.
The employer in that election has filed Objections to the Election and those
proceedings are now pending before the Board . The atmosphere created in the
Archer proceedings was carried over, as a natural result of the Union 's activities
and propaganda , and the present proceedings were affected thereby.
After noting that the electorate involved in this election was predominantly com-
posed of Negro employees , I believe it necessary to outline a brief, chronological
review of certain events as background , before treating with the issues raised by the
objections.
The investigation discloses that during the latter part of September and the first
part of October 1963, the Reverend Marion C. Bascom, a prominent Negro clergy-
man in Baltimore and chairman of the Labor Committee of the Interdenominational
Ministerial Alliance, was approached by several workers employed by certain of the
laundry establishments in Baltimore . According to Bascom these employees com-
plained of the working conditions existing at their places of employment. After
some discussion among other leaders in the Negro community , Bascom contacted
Oliver Singleton , regional director , AFL-CIO , region 4 organizing committee, and
asked for the assistance of the AFL-CIO. Singleton , shortly thereafter , arranged a
breakfast meeting for November 6, 1963, with the Interdenominational Ministerial
Alliance, other civil rights leaders, and officials of the AFL -CIO Laundry & Dry
Cleaning International Union. At this meeting, Petitioner, with the support of the
AFL-CIO organizing committee, agreed to begin an organizational drive in the
Baltimore laundry industry , provided that Petitioner receive the assistance of the
various community groups and their leaders.
8 The leaflet "What Does The Reverend Martin Luther King Jr. Have To Say About
Labor Unions ?" and the booklet entitled "Equal Rights For All" are attached as Ap-
pendixes 1 and 2, respectively.
ARISTOCRAT LINEN SUPPLY CO., INC. 1451
,During the period from November 1963 through April 24, 1964 , approximately
eight meetings were held at the Douglas Memorial Church for the employees of
Aristocrat along with employees invited from the other laundries involved in the
organizational drive. At these meetings , Bascom and other civil rights leaders, along
with the AFL-CIO Representatives Singleton , Wood, Logan , James and DeFebo,
talked with the assembled workers concerning Petitioner 's goals and objectives and
also passed out union cards. Bascom and other ministers personally wrote and sent
out most of the letters to the employees asking for their attendance at these jointly
sponsored meetings.
As the election approached , the various civic groups in the Negro community
began to step up their activity as did the organizing committee of the AFL-CIO.
The period from April 19 through 24, 1964, the day of the election, was the most
active period.
The Interdenominational Ministerial Alliance on or about April 21, 1964, had
mailed out to Aristocrat employees a letter signed by three officials of the Alliance.
(See Appendix 3.)
Earlier the Civic Interest Group had , on April 3, 1964, passed out a leaflet enti-
tled "NEWS FLASH" (Appendix 4). This group , headed by Mathew Purdy, is
accountable to the Interdenominational Ministerial Alliance for the use of its funds
and also to a limited extent for its activities . Even before this time the Civic Inter-
est Group had, during the month of January 1964 , passed out another two-page flyer
titled "THE FREEDOM RECALL" ( Appendix 5 ). In connection with the prepa-
ration of the above handbills and letters, the Civic Interest Group and the Alliance
conferred with the AFL-CIO organizing committee for information and assistance
in composing the literature . Finally on the morning of April 24 , 1964, several min-
isters from the Alliance distributed a letter to the employees of Aristocrat from the
president of the Baltimore branch of the National Association for the Advancement
of Colored People (Appendix 6).
The AFL-CIO organizing committee also printed and distributed several hand-
bills to the Employer 's employees during the period April 19 through the day of the
election , April 24, 1964 . On April 22, 1964, representatives of the AFL-CIO orga-
nizing committee passed out a booklet titled "EQUAL RIGHTS FOR ALL-the
AFL-CIO position" ( Appendix 2 ) and inserted into this booklet the leaflet, "WHAT
DOES THE REVEREND MARTIN LUTHER KING JR. HAVE TO SAY ABOUT
LABOR UNIONS?" (Appendix 1). Other campaign leaflets also were passed out
by members of the AFL-CIO organizing committee on April 22, 23, and 24 to
Aristocrat employees . These leaflets have not been cited by the Employer as sup-
porting its objections and an examination of them reveals nothing improper in their
content.
As noted earlier, the Employer has alleged that Petitioner and allied groups
engaged in a deliberate and sustained effort to exacerbate and inflame racial emo-
tions, thereby preventing the attainment of the high election standards which the
Board has for so long demanded . In support of this position , the Employer has
specifically pointed its objections to two pieces of literature distributed by the AFL-
CIO organizing committee . A letter not specifically cited by the Employer, but
which investigation discloses was distributed during the critical period , and signed
by the president of the Baltimore branch of the National Association for the Advance-
ment of Colored People bears on. the same issue and is attached as Appendix 6. The
Employer also has referred to the total campaigns in the laundry industry and spe-
cifically cited The Ascher Laundry Company (Case No 5-RC-4522 ) [ 150 NLRB
1427 ] objections . Portions of the Regional Director 's Decision in Archer, issued
on September 9, 1964, are pertinent and will herein be incorporated and repeated in
view of the sameness of much of the literature issued in the Archer campaign , includ-
ing that attached as Appendixes 1, 3, 4, and 5.
The campaign literature discussed below consists of that produced by the Employer
in support of its objections and all other known literature relative to the objections
distributed in this campaign that became available through the investigation. A
leaflet titled "FREEDOM IS EVERYONE 'S FIGHT," discussed in the Archer Report
on Objections, was distributed in the Archer Laundry campaign but was not dis-
tributed to Aristocrat employees.
1452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioner alleges that it is not responsible for the activities of the Interde-
nominational Ministerial Alliance in the election campaign. After careful consid-
eration of the relationship between the Petitioner and the Alliance in the campaign,
I am of the opinion that the Alliance was in fact an agent of the Petitioner . Accord-
ingly, in the discussion that follows, the Petitioner is held responsible for all litera-
ture disseminated on its behalf or under the name of the Alliance or the Civic Inter-
est Group.
Repeatedly , the Board has held that in considering whether or not certain activities
of the participants in a preelection campaign prevent the voters from making a free
and untrammeled choice in selecting a bargaining representative , a determination
should be based upon the ttoal complex of the activities . Isolated incidents which
may. in one context , be interpreted as interference with the "laboratory conditions"
for an election , may, as elements of another campaign theme, take on an entirely
different meaning and convey an entirely different impression to employees. In the
instant case, as in Sewell Manufacturing Company, 138 NLRB 66 , there has been
an appeal to racial self-consciousness . However , there is a vital difference between
the basic themes of these two campaigns . In each, the idea that unions support
racial integration and equality was hammered home , yet the purpose of such empha-
sis was different in the two cases.
The campaign literature distributed by the Employer in the Sewell Manufacturing
campaign was designed soley to inflame racial hatred and to engender a conflict
between Negro and white workers in a southern plant . The Employer attempted to
take advantage of the latent prejudices of his white workers by equating unionism
with integrated working conditions , knowing that such conditions would be distaste-
ful to the white workers. A picture of a white union leader dancing with a Negro
woman implied that unionism would bring in its wake social and physical race mix-
ing. There was little mention in these campaign activities by the Employer or its
agents that unions would or would not bring economic benefit to the workers. The
theme was that unions demand ". . . racial integration , socialistic legislation, and free
range of communist conspirators."
The theme of the Aristocrat campaign on the part of the Union and its agents was
undeniably based upon a racial issue, but with different implications . The literature
distributed did not seek to invoke the hatred of the Negro employees for white people.
Negro workers were told that because they were Negroes, they were discriminated
against in the economic sphere. The point was made that Negroes have, in the
past , received lower wages and were subject to poorer working conditions than white
workers, primarily because they were Negroes. They were urged to join a union,
which is not an act against the white race , to permit concerted action which could
bring Negroes to equality with whites . The central theme of the campaign is sum-
marized in a statement in Appendix 3: "It is a simple fact that colored workers who
belong to unions are far better off than those who don't."
The Negroes working at Aristocrat were told that for the past few years , Negroes
have banded together in an effort to overcome their de facto inferiority in American
society, and that Negro solidarity in facing barriers to equality with whites in many
aspects of life-education , the right to vote, recreation-has achieved "freedom"
from these barriers for the individual Negro. Unionism , according to the theme of
the Aristocrat campaign, is another method of concerted action which Negroes may
use to better their lot in this society . Thus, a' distinction must be drawn between
racial propaganda designed to inflame racial hatred and set the tone of a union
campaign as a battle of one race against another as in Sewell, and racial propaganda
designed to encourage racial pride and concerted action.
In its Sewell Manufacturing decision , the Board stated that it,
. Does not intend to tolerate as "electoral propaganda" appeals or arguments
which can have no purpose except to inflame the racial feelings of voters in the
election.
This is not to say that a relevant campaign statement is to be condemned
because it may have racial overtones....
In its objections to conduct affecting the results of the election this Employer cites
several examples of the Union's and its allies ' campaign literature . The first of
these is reproduced as Appendix 1 and reads in part: -
ARISTOCRAT LINEN SUPPLY CO., INC . 1453
"OUR NEEDS ARE IDENTICAL WITH LABOR'S NEEDS- DECENT
WAGES, FAIR WORKING CONDITIONS ... HEALTH AND WELFARE
MEASURES , CONDITIONS IN WHICH FAMILIES CAN GROW, HAVE
EDUCATION FOR THEIR CHILDREN AND RESPECT IN THE
COMMUNITY."
"THAT IS WHY NEGROES SUPPORT LABOR'S DEMANDS. THAT IS
WHY THE LABOR HATER IS ALMOST ALWAYS A TWIN-HEADED
CREATURE SPEWING ANTI-NEGRO TALK FROM ONE ,MOUTH AND
ANTI-UNION PROPAGANDA FROM THE OTHER."
While this language has emotional overtones and is not condoned , I do not find
it to be sufficient basis for setting the election aside under the Sewell Manufacturing
rule. The basic theme is concerned with wages and working conditions and is not
directed against the white people as a race. A vote for the Union is represented as
a vote for better working conditions , not a vote against the white race. In Sewell,
a vote against the Union was represented as a vote against the Negro
The second example cited by the Employer is attached as Appendix 2 and is a
booklet titled, "EQUAL RIGHTS FOR ALL ... the AFL-CIO position." This
22-page booklet , when read in its entirety , does nothing more than set out the posi-
tion of the AFL-CIO on matters of racial interest . There is no latent or patent
effort to create an emotional atmosphere " of hostility in the reader of the above
booklet.
As noted above , other literature that was not specifically cited by the Employer
in support of its objections was distributed to the employees and includes Appendixes
3,4,5,and6.
Appendix 3 summarizes the theme of the campaign . Again the point is stressed
that unionism will bring economic benefits to Negro workers. It also points out that:
There are over sixteen million Americans who are members of unions in the
United States , and most of these union members enjoy good wages, job security,
sickness and hospital protection and many other benefits that you now lack. The
way to achieve these things is through the union , through the AFL-CIO.
In this statement are included all union members, Negro and white, who allegedly
have achieved improved economic status through unionism . There is no suggestion
that white workers should not be permitted the same rights as the Negroes.
Appendix 4 is obviously economic in orientation , the only racial appeal being an
exhortation to the workers not to be a "Handkerchief -head Uncle Tom" but to help
achieve freedom from de facto inferiority by voting for the Union . There is no
deliberate appeal to the emotion of racial hatred . This is another instance of the
repeated appeal to racial pride.
Appendix 5, "THE FREEDOM RECALL," was distributed outside the Employer's
plant sometime during the month of January 1964 and is not within the critical period
which begins on and includes the date of the filing of the petition on February 3, 1964.
A letter on Baltimore Branch, National Association for the Advancement of
Colored People , stationery , attached as Appendix 6, does nothing more than exhort the
recipient to vote for the Union . The association of civil rights groups and unions is
not proscribed and cannot be a basis for setting a representation election aside.
In the Sewell Manufacturing decision, the Board set an election aside where one of
the parties" . . . deliberately ... [sought] to overstress and exacerbate racial feelings by
irrelevant , inflammatory appeals...:. However, it is my opinion that the appeals to
race in this campaign were not irrelevant, and the Petitioner has substantially estab-
lished that its racial message was truthful and germane . In fact, the theme of the
campaign struck deep into the very core of the traditional union appeal for economic
betterment . Therefore, I conclude that the campaign literature distributed by the
Union and its agents was in the instant case privileged campaign propaganda and
recommend that the objections be overruled in their entirety.
In summary and for the reasons set forth above , I recommend that the Employer's
objections be overruled and that the Petitioner be certified as the bargaining repre-
sentative of the employees involved.
1454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX 1
WHAT D0€,5 THE REVS R-EN P
MARTIN LUTNUR KING SIR. HAVE TO
5AY ABOUT LABOR UNIONS ?
George Meany , President of the AFL-CIO, pins a
delegate ' s badge on Reverend King , guest speaker
at a recent AFL-CIO Convention.
"OUR NEEDS ARE IDENTICAL WITH LABOR ' S NEEDS . DECENT
WAGES , FAIR WORKING CONDITIONS ...HEALTH AND WELFARE
MEASURES , CONDITIONS IN WHICH FAMILIES CAN GROW, HAVE
EDUCATION FOR THEIR CHILDREN AND RESPECT IN THE
COMMUNITY."
"THAT IS WHY NEGROES SUPPORT LABOR'S DEMANDS. THAT
IS WHY THE LABOR RATER IS ALMOST ALWAYS A TWIN -HEADED
CREATURE SPEWING ANTI-NEGRO TALK FROM ONE MOUTH AND
ANTI -UNION PROPAGANDA FROM THE OTHER."
VOTE Y€5 ! VOTE FOR T H-E
AfL-CIO LAUNDRY WORKERS UNION
APPENDIX 2
EQUAL RIGHTS FOR ALL . . . THE AFL-CIO POSITION
Introduction:
The AFL-CIO is for civil rights-without reservation and without delay.
The labor movement is dedicated to those truths that were self-evident to the authors
of the Declaration of Independence. The rights so eloquently affirmed in 1776 are a
sacred birthright of all in America, not subject to modification or denial because of
race, creed or national origin.
Unfortunately, to the shame of the nation, discrimination still exists. It must be
wiped out if the United States is to be truly the champion of freedom in a world where
non-whites are an overwhelming majority.
' Mere acknowledgement, mere lip-service to equal rights is not enough. The labor
movement is committed to a positive program for translating principle into reality on
every front. This means on the job, in the schools, at the polls, in housing and in all
places of public accommodation-restaurants, hotels, everywhere.
Success will not come easily. The record of the last century proves that man's
rights do not become established by declaring them to be valid; logic and reason do
not automatically prevail over bigotry.
ARISTOCRAT LINEN SUPPLY CO., ' INC. , ; . 1455
Unions know this well, out of their own experience. Unions were created to fight
against injustice. They were instruments of protest, deplored by public officials and
much of the citizenry. They were often accused of flagrant civil disobedience.
For example, many trade unionists no older than middle age can well remember
when local ordinances or court injunctions forbade the holding of a - union meeting,
even on private property owned or rented by the union. The "right of the people
peaceably to assemble" often had no local standing, despite the Constitution. Workers
had no alternative; they followed the Constitution..
In the end the law was on their side. Local restrictions on the right of assembly
were struck down by the Supreme Court. Civil disobedience has all but vanished as
a trade union tactic because the rights of labor are now backed by the force of law.
Surely the rights of man deserve no less.
It'would be futile to pretend that the 13th million members of AFL-CIO unions
are without exception devoted to the cause of civil rights. They are a cross-section of
America, and they reflect the diversity of the nation. But just as truly they reflect the
American consensus. That consensus, expressed by AFL-CIO conventions and by
conventions of the affiliated national and international unions, is the basis for the
AFL-CIO's determination to abolish all forms of discrimination.
The AFL-CIO constitution invites "all workers, without regard to race, creed, color
or national origin to share in the full benefits of union organization'." We are pledged
in equal measure to see that all'workers share fully in every other aspect of American
life; for our cause is the brotherhood of workers and the brotherhood of man.
What rights does labor seek? '
The AFL-CIO seeks to guarantee to every American every one of his basic Ameri-
can rights.
This means breaking the vicious circle which condemns a baby born in a segregated
neighborhood to a childhood of segregated and sub-standard schools; to an adolescence
of mounting discouragement and inadequate training; to an adulthood of joblessness or
menial employment. All because of segregation. -
The circle has a wider radius. The Negro who breaks through the economic bar-
rier may still find no decent public place to eat, to sleep, to watch a play or film-no
place, indeed, to vote.
The denial of rights must be ended, whether the victim suffers all the injustices in the
vicious circle, which is the rule, or even only one.
"These wrongs cry for correction," the AFL-CIO said in its convention policy state-
ment on civil rights, "and it is the responsibility of all of tis, individually and col-
lectively, to work diligently for that correction." No sudden redemption will overnight
dissolve the hate and fear within a racist's heart or give new faith to a householder
whose veneer of tolerance cracks at the cry, "The colored are moving in." Laws
cannot wipe out prejudice of the spirit; but laws; vigorously enforced, can abolish
prejudice in practice.
The AFL-CIO seeks the total elimination of racial and religious discrimination
from American society-the smashing of the vicious circle-by every possible demo-
cratic means.
Can labor achieve these rights?
Yes-but not alone. Labor can play a vital role, but cannot do the job single
handed.
Since its formative years the labor movement has sought, with considerable success,
to broaden and extend all rights-economic, social and political. Among the first
union goals, almost a century and a half ago, was a free, universal public school sys-
tem. Unions proclaimed the objective. Unions lobbied for it in state legislatures.
Union parents took the lead in community movements,, organized to promote the
cause. But the achievement was possible only because, as a result of labor's efforts, a
majority of all the people came to support it.
The same has been true of every other "labor" victory, and so it must be with civil
rights. The AFL-CIO can, should and does provide leadership, exert pressure, serve
as a rallying-point for the forces of justice. But the ultimate victory requires the full
and united efforts of all people of good will.
775-692-65-vol. 150-93
1456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
What has been accomplished?
In the perspective of history the progress over the last two decades has been tre-
mendous. Some triumphs have been dramatic ; the unforgettable day of the Supreme
Court decision on school segregation is perhaps the outstanding example. But too
often the headlines have told of filibuster and defeat.
Yet during all this time , Labor-supported (and often labor-initiated ) measures have
been enacted by states and municipalities , with painful and painstaking effort, so that
today there are 24 states and scores of cities with fair employment practices laws, and
dozens that outlaw discrimination in housing and public accommodations. Mean-
while, beyond the statute books , innumerable communities have quietly obliterated the
influence of anti-catholicism , anti-semitism and Jim Crow.
Yes, in the last 20 years-against the background of the previous 80-the gains have
been spectacular . But quite properly we of the AFL-CIO look, not to history, but to
the here and now. It is beyond question that the next dramatic and definitive break-
through on civil rights must be in the form of comprehensive federal legislation,
accompanied at each step by specific guarantees and unequivocal enforcement
provisions.
What federal legislation does the AFL-CIO propose?
As a minimum , the AFL-CIO endorses the omnibus civil rights bill passed by the
House of Representatives . We favor every provision in this bill ; our complaint is
that in some respects it does not go far enough . Here, in summary is where we stand:
* EQUAL EMPLOYMENT OPPORTUNITIES
Employers , employment agencies and unions must be forbidden to discriminate on
grounds of race , color, religion or national origin . A federal fair employment prac-
tices commission , with effective enforcement powers, is necessary to implement this
basic principle.
The AFL-CIO has repeatedly pointed out that full employment is indispensable to
equal employment opportunity . Because of long-established discrimination , the job-
less rate among Negroes is vastly higher than among whites. A law giving Negroes an
equal chance to get a job is an empty gesture if there are no jobs to be had.
* DESEGREGATION OF SCHOOLS
After 10 years, the Supreme Court school desegregation order is still being openly
flouted. Barely 1% of the nearly three million Negro children in the south attend
integrated schools. Substandard education puts into the labor market millions of
young persons unable to cope with the needs of modern society. The Attorney-
General must be empowered to institute civil action in behalf of school segregation
victims. He must also have the right, not only to intervene in suits involving the
denial of civil rights in other respects, but also to initiate such suits. In short, the
Attorney-General must be able to act on his own initiative, when he is satisfied of the
need, to enforce the letter and spirit of the law, even when there are no individual
complainants. This somewhat unusual power is justifiable because the atmosphere in
some communities is such that the filing of an individual suit is a feat of heroism, likely
to lead to economic and even physical retaliation.
There is a further need-proposed by the then AFL Executive Council in 1954 and
embraced by the pending bill-for a system of financial rewards for school systems
willing to desegregate. And federal aid should properly be withheld from recalcitrant
school districts.
* HOUSING
All Americans must be free to buy or rent any home they can afford. The AFL-
CIO supported ban on discrimination in federally-financed and federally-insured
housing will have long-range effect toward this end. Meanwhile, a program of
federally-supported middle income housing-essential in itself-would make sub-
stantial inroads in segregated neighborhoods and help to do away with de facto
segregated schools.
* PUBLIC ACCOMMODATIONS
The AFL-CIO believes that every place of public accommodation should be exactly
what the name implies. Among other things, it involves the surrender of "freedom of
association" with respect to the race or religion of patrons. A man who sets up a
place of public accommodation has, by that action, voluntarily surrendered one seg-
ment of his right of "freedom of association." During business hours, within the
framework of whatever uniform and equally-applied rules he may devise, he must
"associate" with whatever members of the public choose to patronize his establishment.
ARISTOCRAT LINEN SUPPLY CO., INC. 1457
If he cannot accept this requirement he should stop pretending to run a public place,
and go into some other occupation.
A man who does not want to "associate" with certain parts ofihe public should not
cater to the public.
Subject to reasonable, uniform standards, he has to take the public as it comes. If be
discriminates on the basis of race alone, he is in conflict with the public policy of the
United States. He has a simple choice-to comply with that policy or go out of
business.
Experience in the 30 states where laws forbid discrimination in public places has
proved that compliance leads to greater prosperity, not to the bankruptcy so often
feared.
* VOTING RIGHTS -
There is no justification for literacy tests for voters. But if such tests are applied
the AFL-CIO believes a sixth grade education should be prima facie evidence of
literacy and that any other test should be applied equally to all. Where these condi-
tions do not prevail, a system of permanent and emergency registration under federal
law would end the gimmicks and subterfuges used to discourage or disqualify Negroes
from voting.
States which deny their citizens voting rights should also suffer a proportionate
decrease in their representation in Congress.
* COMMUNITY RELATIONS -
From extensive experience in the value of mediation and conciliation, the AFL-CIO
strongly supports creation of a permanent Civil Rights Community Relations Service
and a Civil Rights Commission to serve as a clearing house on civil rights information.
The service would provide means for the community to solve issues at the local level,
utilizing both public and non-public assistance.
* WITHHOLDING FEDERAL FUNDS
Any state, or any subdivision of a state, which persists in discriminatory practices
should certainly not be subsidized by federal tax money collected, without discrimina-
tion, from all the people. To cite only one example, the use of federal funds under
the Hill-Burton Act to build hospitals with segregated facilities is an affront against
democracy.
Are AFL-CIO efforts confined to legislation?
Not at all. There must also be a complementary effort to bring about community
action, through bi-racial committees, to eradicate all discrimination, whether in the
bus depot or the classroom. As noted earlier, the drive for civil rights will succeed
only when it has enlisted a consensus of the American people-as we believe it now
has.
Throughout America the AFL-CIO, with its 130 national and international unions,
its nearly 900 state and local central bodies and the 60,000 local unions which are the
basic units' in the labor movement's structure, is helping to mobilize this kind of
consensus. What is said in Washington has little meaning unless it is given direct
application in the community.
It is the responsibility of the AFL-CIO Civil Rights Department to coordinate with
civil rights representatives in central labor bodies and in international unions on
specific projects and long-range programs. In each community, unions are urged to
carry out vigorous civil rights programs of their own and expand on these through their
central labor bodies and civil rights-minded organizations.
To make sure this is done, special AFL-CIO task forces have been created to stimu-
late action in major metropolitan centers. The task forces confer with local labor
leadership and non-labor civil rights organizations, and help them to plan closer co-
ordination with local church, fraternal and public leaders.
What is being done inside unions?
In all AFL-CIO unions, every member is equal, and enjoys all the rights enjoyed
by any other member.
This alone is not enough, of course, and unions have long been aware of it. To be a
union member a worker must first be hired; and therefore discrimination in hiring
must be forbidden by law. Unions have fought for years to negotiate non-
discrimination clauses covering hiring, wage rates and upgrading; such agreements are
operative in every geographical area, and their numbers increase yearly. But these
efforts must be reinforced by federal statute.
1458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
_ In.scores of plants throughout the south , once-separate Negro and white locals have
been merged and seniority lists consolidated. There is no color line in the benefits
provided by union contracts. Union meetings and the facilities in union halls are
generally unsegregated, often in defiance of local custom and even local law.
Major unions that have apprenticeship programs forbid discrimination both by con-
stitution and contracts. Some now offer schooling to help Negroes and others with
sub-standard educations to catch up and be better able to meet apprenticeship
requirements.
The AFL-CIO has forbidden its own subsidiary organizations and departments to
hold meetings, conventions or conferences in segregated facilities. This ruling is
binding on state and local central bodies, COPE, area conferences, educational insti-
tutes and all other functions directly under AFL-CIO control.
All this is not meant to suggest that unions are blameless. There was even a time
when discrimination was "respectable " in some national unions as it was in most of
America. But today, as George Meany has expressed it, discrimination in the trade
union movement is a "bootleg product," sneaked in by the back door and nowhere
condoned.
In the labor movement even a little discrimination is too much . To the AFL-CIO
the important consideration is not how much has been accomplished but what remains
to be done.
Is there AFL-CIO machinery for handling civil rights grievances?
Yes, and not just on paper. The AFL-CIO Civil Rights Committee, headed by the
federation's second ranking officer, is charged with the obligation of carrying out the
uncompromising declarations of the AFL-CIO conventions.
A special subcommittee on compliance hears, investigates and acts upon all com-
plaints. It utilizes the staff of the AFL-CIO Department of Civil Rights to explore the
issues and make initial referrals to the unions involved . Final action , if necessary, is
determined by the full Civil Rights Committee; and ultimately by the AFL-CIO
Executive Council.
The Civil Rights Committee also works closely with appropriate federal agencies
concerned with civil rights.
Is the civil rights issue turned against unions?
Yes indeed; it has for nearly a generation been the chief weapon of union foes in the
south, and more recently has become the favorite bludgeon of right-wing extremists
everywhere.
The very fact that unions believe that "all men are created equal" was an anti-labor
weapon long before the Supreme Court took the same view. Race-baiting of the most
virulent kind is standard practice in any southern organizing campaign, and has been
widely employed in attempts to disrupt established unions. Labor's stand on civil
rights has even been injected into wholly unrelated legislative issues.
AFL-CIO President George Meany gave labor's answer in an address several years
ago-an answer that still stands. He said:
"If we have to practice discrimination to organize workers, then organizing will have
to wait until we educate the unorganized.
"If we have to lose a vote in Congress .. . because we take a stand on civil rights,
that is a price we are prepared to pay."
Currently the, radical right has taken up the segregationist outcry, charging that an
FEPC would mean the discharge of senior white workers to make room for Negroes.
This, of course, is absurd.
It is true that a seniority system which systematically discriminated against Negroes
could be overthrown under the proposed bill. The AFL-CIO is in full accord with
that.
But the seniority system itself ; where fairly administered, would be left untouched,
The AFL-CIO is in full accord with that, too. The job safeguards built up by the
labor. movement over the years-including the seniority system-are important to all
workers. They are color-blind.
These safeguards have special importance to members of minority groups, who
might otherwise be subject to discrimination by an unthinking majority in times of
stress. To destroy these safeguards would be an interracial disaster.
What is the AFL-CIO's relationship with civil rights groups?
The AFL-CIO works with all men and organizations of good faith, of proven adher-
ence to the spirit and substance of democracy, whether they be special local commit-
ARISTOCRAT LINEN SUPPLY CO., INC. 1459
tees, permanent civil rights organizations, church groups or government agencies.
This has been the policy of the AFL-CIO on all issues.
What are the employers doing?
The answer to this question is a sad and shameful reflection on the leaders of Amer-
ican business and industry. There are, to be sure, a number of employers who for
many years have followed a fully non-discriminatory policy. But all the major orga-
nizations, which purport to speak for employers, such as the National Association of
Manufacturers, the U.S. Chamber of Commerce and the American Retail Federa-
tion-are openly and actively opposed to fair employment practices legislation.
Newspaper stories early in 1964 told of a growing alliance between employers and
right-wing extremist organizations, with opposition to FEP as the chief goal. Some
employers try to justify their position on the grounds that an FEP law would be
"excessive government interference;" yet they make no move to eliminate discrimina-
tion themselves.
In some cases , at least, the disgraceful attitude of some employers may have an eco-
nomic motive. According to a Department of Commerce survey, the average income
of a white family in 1961 was $5,570; the average for a Negro family was $2,908.
This spells low Negro wages; this is what some employers want. Where equal employ-
ment opportunities have been won by Negroes, the record shows that unions have in
almost every instance led or actively participated in the fight-almost always against
last-ditch resistance by employer spokesmen. And unless protected by union contract
or by law, the Negro generally continues to be the lowest paid, the last hired and the
first fired.
Can legislation alone win the rights struggle?
No. While comprehensive civil rights legislation will be a major step forward, laws
are meaningless if they can be ignored or violated with impunity. In enacting the
civil rights bill, Congress must provide adequate enforcement machinery supported by
fully adequate funds-something it has failed to do for the civil rights operations
which already exist. And enforcement of the law must be backed up by full com-
munity effort. Even this will not end the struggle. The quest for equality and
brotherhood in the hearts of all men is endless; but to this quest the AFL-CIO is
irrevocably dedicated.
[Publication No. 133 of the American Federation of Labor and Congress of Industrial
Organizations , 815 Sixteenth Street, N.W., Washington 6, D.C. George Meany, President,
Wm. F. Schnitzler, Secretary-Treasurer]
APPENDIX 3
FROM: THE INTERDENOMINATIONAL MINISTERIAL ALLIANCE
Dear Friend:
In a few days, on April 24 to be exact, you will have a choice to make. That choice
is between the AFL-CIO Laundry and Dry Cleaning International Union and no
union. We ministers of the Interdenominational Alliance strongly urge you to vote
for the AFL-CIO. And we'd like to tell you why. Our sympathies are with the
AFL-CIO because our sympathies are with you laundry workers. We believe the
only way laundry workers can help themselves is through organization.
It is a simple fact that colored workers who belong to unions 'are far better off than
those who don't.
There are over sixteen million Americans who are members of unions in the United
States, and most of these union members enjoy good wages, job security, sickness and
hospital protection and many other benefits that you now lack. The way to achieve
these things is through the union, through the AFL-CIO.
But there is a bigger reason why you should vote for the AFL-CIO on April 24.
Colored people the world over are now on the march for freedom and opportunity.
We have scored many victories and we have scored them because we have not been
afraid. We have believed in God and in His justice. We have organized ourselves
into a strong and honest force. We must continue to do so in every way we can.
Joining the AFL-CIO is one way of fighting for economic justice for colored Ameri-
cans everywhere. It is one way of helping the poor become less poor, of giving them
a sense of dignity and security.
1460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Once again , we strongly urge you to vote for yourselves-for freedom and for
economic opportunity . In short , we urge you to vote for the AFL-CIO.
verend Marion Baaeom . Ct.inun. 1Abor Coattt-
IntarJano.Lnatton.l Ministerial Alli.n,,
wrand Gwrg. Cravlay . Chair,oo . Arehnr laundry Oo-,itt..
lnationa1 Min1atari.1 Allic-;e
APPENDIX 4
N
I
EWS
Radio station WEBB (1360 on your dial ) will feature
an interview with AFL-CIO Regional Director Oliver
Singleton at 6:00 P.M., Sunday , April 5, 1964.
This interview is on the AFL-CIO campaign to organize
laundry workers. Tune inl
We hear that the bosses are now calling you in to talk
to you, urging you to vote against the union.
Working conditions
Work loads
lay-offs
Discharges
Wage increases
Paid vacations
Paid holidays
A Health & Welfare Plan
Promotions
Have they ever called you in to talk to you about:
When you vote "YES" for the union , the bosses WILL
TALK TO YOUR COMMITTEE ON ALL THESSE SUBJECTS.-
Be a free person - not a "Handkerchief-head Uncle Tom."
April 9 is your day.
J. P. Purdy
Civic Interest Group (urges you to vote "YES".)
Labor Committee
For Information Call 752-5440
ARISTOCRAT LINEN SUPPLY CO., INC. 1461
APPENDIX 5
S P ECI A L ED IT I O
THE FREEDOM RE
Vol 1, No 1 MARYLAND CIVIC INTEREST GROUP, 1307 Eutaw Place , Baltimore , Md 21217
SIT-IN STUDENTS CALL
FOR ECONOMIC SECURITY
AND FREEDOM
THESE STUDENTS ALSO PROTEST ECONOMIC EXPLOITATION OF LAUNDRY WORKERS
DEMAND JOB RIGHTS AND
PROGRESSIVE AFL-CIO
UNION REPRESENTATION
1462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX 5 (Continued)
'Support the efforts o f AFL-CIO;
say Civi l Rights Groups .
The Labor Chairman of the Interdenomination-
al Ministers' Alliance recently made a public de-
mand for impiovement in the working conditions
and pay scale of Baltimore's low wage laundry
workers
THE MORNING SUN of November 24, 1963,
in reporting this action said "The Rev Marion C
Bascom, Chairman of the Alliance's labor commit-
tee, met recently with top AFL-CIO officials in
Baltimore to ask for their cooperation The AFL-
CIO is about to begin a mass organizing campaign
in the area "
THE AFRO of November 23, 1963, quoted the
Interdenominational Ministers' Alliance as saying
"It will resist and advise against any employ
er's attempts to organize independent plant un-
ions ' (Independent unions operating in the city
are District 50 and the Teamsters) -
An AFL-CIO news service release , dated De-
cember 3, 1963, quotes A Phillip Randolph, Presi-
dent of the Sleeping Car Porters, as saying.
"The AFL-CIO's civil rights task force, Ran-
dolph said, 'is a very splendid invention' which,
working through local central bodies, 'will be able
to arouse, awaken, inform and advise on the com-
munity struggle against bias and form a coalition
with church and Negro groups.
"This approach, he said, 'can't fail' because it
is based on achieving 'God-given' human rights "
The call of the Interdenominational Ministers'
Alliance for assistance to laundry workers has
been endorsed by
Woman Power
Baltimore Urban League
Prince Hall Masons
The NAACP
And other important community
organizations
The AFL-CIO has formed a Baltimore-Wash-
ington Organizing Committee and this committee
will iemam active in the Laundry Industry so long
as there is one unorganized and low-paid laundry
worker being exploited by a rapacious employer.
THE AIMS AND ASPIRATIONS
OF AFL-CIO
A) To improve wages, hours and working condi-
tions for workers.
B) To achieve equality of opportunity for all
workers , regardless of, race, creed , color or
national origin.
C) To promote freedom everywhere - and now.
Members of the AFL-CIO have a higher in-
come, work fewer hours, enjoy more protection
and benefits such as pensions and vacations and
safer working conditions.
Since everybody else wants to help you, are
you interested in helping yourself'+ If so, sign a
card with the AFL-CIO and let's move forward.
ATTENTION LAUNDRY WORKERS!
Now you can help yourselves
If you want to see Laundry Workers get better pay, benefits and conditions:
1. Speak to your friends
2. Attend Organizational Meetings
3. Sign the AFL-CIO Card
4. Come to the offices of the AFL-CIO, 305 W. Monument Street -
Phone 752.5440
or contact Rev. Marion Bascom , Douglas Memorial Community Church, Lafayette
and Madison Avenues, Phone LA 3-1700
APPENDIX 6
Baltimore Branch
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
1234 Druid Hill Avenue
Baltimore 17, Maryland
April 21, 1964
Dear Friend:
Within a few days, there will be a secret ballot election in your laundry. You will
have the choice of voting for or against the AFL-CIO Laundry Workers Union. The
Baltimore Branch NAACP would like to take this opportunity to strongly urge that
you vote for the AFL-CIO.
The NAACP supports organized labor because it believes that organized labor can
best protect and advance the economic interests of colored Americans. We have had
our disagreements with some unions, but we of the NAACP believe that most unions
deserve your full and whole-hearted support. This is particularly true of the AFL-
ACME INDUSTRIAL COMPANY 1463
CIO Laundry Workers Union which is trying very hard to bring better pay and better
working conditions to Baltimore laundry workers.
God helps those who help themselves ! You can help yourself and improve your lot
by voting for the AFL-CIO Laundry Workers Union in the coming election.
Yours in the fellowship of service,
Dr. Lillie M. Jackson
President
Acme Industrial Company and Amalgamated Local Union No.
310, International Union , United Automobile , Aerospace and
Agricultural Implement Workers of America, AFL -CIO. Case
No. 13-CA-6396. February 1, 1965
DECISION AND ORDER
On October 7, 1964, Trial Examiner John F. Funke issued his
Decision in the above-entitled proceeding, finding that the Respond-
ent had not engaged in unfair labor practices as alleged in the com-
plaint and recommending that the complaint be dismissed in its
entirety, as set forth in the attached Trial Examiner's Decision.
Thereafter, the General Counsel, the Charging Party, and the
Respondent filed exceptions to the Trial Examiner's Decision and
supporting briefs.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Fanning, Brown, and Jenkins].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the
Trial Examiner's Decision, the exceptions and briefs, and the entire
record in this case, and finds merit in the exceptions of the General
Counsel and the Charging Party. Accordingly, the Board adopts
the findings of the Trial Examiner only to the extent consistent
herewith.
On April 23, 1963,1 the Union and Respondent settled a strike
which had lasted 8 months. Since the settlement, there have been
between 30 and 75 employees on layoff status. On the day of the
settlement, the Union and Respondent executed a collective-bargain-
ing agreement containing the following pertinent provisions which
are alleged by one or the other of the parties thereto to be relevant and
controlling :
i The Trial Examiner inadvertently found that the agreement was dated April 23, 1964,
instead of April 23, 1963.
150 NLRB No. 144.