Furniture Workers Union Local No. 500

National Labor Relations Board - Board Decisions

Nov 19, 1965

155 N.L.R.B. 1068 (N.L.R.B. 1965)

1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We WILL NOT in any other manner interfere with, restrain, or coerce our
employees in the exercise of their right to self-organization, to form, join, or
assist a labor organization, to bargain collectively through a bargaining agent
chosen by themselves, to engage in other concerted activities for the purposes
of collective bargaining or other mutual aid or protection, or to refrain from
any such activities (except to the extent that the right to refrain is limited by
the lawful enforcement of a lawful union-security requirement).
All our employees are free to become or remain, or refrain from becoming or
remaining, members of Shopmen's Local Union No. 455 of the International Asso-
ciation of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, or any other
labor organization (except as limited above).
GETLAN IRON WORKS, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
NOTE.-We will notify any of the above-named employees presently serving in
the Armed Forces of the United States of their right to reinstatement upon applica-
tion in accordance with the Selective Service Act and the Universal Military Train-
ing and Service Act of 1948, as amended, after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its pro-
visions, they may communicate directly with the Board's Regional Office, 16 Court
Street, Brooklyn, New York, Telephone No. 596-5386.
Furniture Workers Union Local No. 500 and Canoga Creations
Incorporated . Case No. 31-CC-18 (formerly 21-CC-858), No-
vemb er 19, 1965
DECISION AND ORDER
On September 28, 1965, Trial Examiner James R. Webster issued
his Decision in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the attached Trial
Examiner's Decision. Thereafter, the Respondent filed exceptions to
the Trial Examiner's Decision and a supporting brief.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel (Members Fanning, Brown, and Zagoria].
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 brief, and the entire record
in this case, and hereby adopts the .findings, conclusions, and recom-
mendations of the Trial Examiner.
[The Board adopted the Trial Examiner's Recommended Order.]
155 NLRB No. I11.
FTR\ ITT RE WORKERS UN ION LOCAL -NO. 500 1069
TRIAL EXAMINER'S DECISION
STATEMENT OF THE CASE
This case with all parties represented was heard before Trial Examiner James R.
Webster, in Los Angeles, California, on August 24, 1965, upon a complaint of the
General Counsel and answer of Furniture Workers Union Local No. 500, herein
called respondent. The complaint was issued on June 14, 1965, upon a charge Died
April 13, 1965. The complaint alleges that Respondent has induced and encouraged
individuals employed by Canoga Creations Incorporated, herein referred to as
Canoga, to cease work or to cease performing services within the meaning of Section
8(b)(4) (i) (B) of the National Labor Relations Act, as amended, herein called
the Act.
Upon the entire record, and from my observation of the witnesses, I hereby make
the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Canoga is engaged in Gardena, California, in the manufacture and distribution of
upholstered furniture. in the course and conduct of its business operations, Canoga
annually purchases and receives directly from points outside the State of California
goods, materials, and supplies valued in excess of 950,000.
Upholstery Supply Company, herein called Upholstery, is engaged in Los Angeles,
California. in the sale and distribution of upholstery supplies. In the course and con-
duct of its business, Upholstery annually purchases and receives directly from points
outside the State of California goods, materials, and supplies valued in excess of
$50,000. Canoga customarily and regularly purchases and receives from Upholstery
cotton and other upholstery materials which it uses in the manufacture of its furniture.
I find that Canoga and Upholstery are now, and at all times material herein have
been, employers engaged in commerce and in an industry affecting commerce within
the meaning of Section 2(6) and (7) and Section 8(b) (4) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Furniture Workers Union Local No. 500 is a labor organization within the meaning
of Section 2(5) of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICE
A. Facts and issue
At all times material herein, Respondent has been engaged in a labor dispute with
Upholstery, and at no time material herein has Respondent had a labor dispute with
Canoga, which purchases upholster., supplies from Upholstery.
Respondent represents the employees of Canoga, and Ralph Contreras is its shop
steward at Canoga. From time to time Respondent posts notices on a bulletin board
at Canoga for the information and benefit of its members and the employees it repre-
sents there. On February 15, 1965 Respondent posted a notice on a bulletin board
at Canoga at a place and iii a manner in which it was observed by individuals employed
by Canoga, as folios=-s:
THIS IS TO NOTIFY YOU THAT UPHOLSTERY SUPPLY COMPANY
HAS BEEN DESIGNATED AS UNFAIR BY TIDE UNDERSIGNED UNION,
FURNITURE UNION LOCAL 500
(S) Leon Forman
LEON FORMAN
Business Agent.
This notice was on the letterhead of Respondent and was posted by Raymond Ter-
rones, a business repr s -tat of Re dent.
Or February 15, 1965. x o _es hile visiting Canoga's shop, sr-oke with Shop
Steward Cortreras. ',Ts'Al-e was talking to Contreras, err_ployee Joseph Distance
approached them and beard part of the conversation. Terrones stated that the Union
was having trouble n Upholstery and stated, `6I am going to see if we can get
together like so. ^e of the other companies. They are not buying from the supply
company, so we can get this strike over witn: I am going to see if I can talk to Marie
[ti=e s10n foremr .' but that 1 cal._^t _m- ake her sion bayi-'g an3't tins."and -Uat ``it would
be fine if we could cooperate, and not use the U . holstery Supply products, but he
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
couldn't tell us not to use them." Contreras replied that business was slow and that
they were only working 2 or 3 days a week and he hoped Canoga would not stop buy-
ing these products.,
The issue in this case is whether or not Respondent induced or encouraged individ-
uals employed by Canoga by (7) the notice posted, on February 15, 1965, and (2) the
statement by Union Representative Teri-ones to employees o February 15 1955; that
is, whether the Respondent by this conduct was conveying ir_formation to its members
for their use in deciding a course of action, if any, or whether it was a call or signal
to refuse to perform services for their employer.
B. Conclusions
Having found that by Terrone's rem arks to Distante and Contreras, Respondent
called upon employees of Canoga to cooperate with it in its labor dispute with
Upholstery by not using suppl_es from Upholstery. f find that this was induce :lent and
encouragement of individuals employed by Cancga, a secondary e r-lover, to cease
us in- or working on certain materials and to cease performing certain services, and
that t is was for the purpose of forcing or requiring Canoga to cease doing business
with Upholstery.
The next question is whether or not the wording of the notice in and of itself con-
stitutes ii duce_m_ent and encouragement. This question was passed on by the Board
in the District Council of Painters `48 and Paint Makers local Union _`1232
(Hamilton Material, Inc.), case .2 In that case the Board stated that "The Board
repeatedly has held that statements glade directly to secondary union employees that
a primary employer is `unfair' (or the equivalent 'non-union'), constitute unlawful
'inducer:tent' and 'encouragement' under Section 8(b) (4) " In the instant case. not
only were the employees told that Upholstery was unfair, but they were told that their
employer, Canoga, was being asked to cooperate and not handle or purchase materials
from "Upholstery, and at least Vivo of them were asked to cooperate and not handle
materials from Upholstery-.3
In t Hamilton case the Board also stated that "an unfair' statement made directly
to secondary employees represents a d rect t against r h employees L_ t1I`'s' t
invoke their obgation up-der usual union ruiies rot to handle `unfair' or = pion`
material."
Terrones stated that he wanted the cooperation of Canoga and also of the employ-
ees of Canoga in] is dispute with Upholstery, and that he wanted this co-operation to
be by the refusing to hard!-- the materials of Up olste I find that the object of
the posted notice and the object of Terrone statements to employees, which conduct
constitutes inducement and encouragement of employees to refuse in the course of
their , pioymer.- to use or handle materials supplied by Upholstery, was for the
object of forcing or requiring Canoga to cease doing business with Upholstery. I find
that by this conduct Respondent has violated Section 8(b)(4)(1)(B) of the Pict.
I:'. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forih in section III, above, occurring in con-
nection with the operations of the employers named in section I, above, have a close,
intimate, and substantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing commerce and.
the free flow of commerce.
I Terrones and Contreras gave versions of the conversation which did not include coop-
eration by the employees. Distante testified that Terrones did ask for their cooperation
and I credit this testimony of Distante. Terrones testified that this notice was also mailed
to all shop stewards of the Union, and that he goes and informs members of the Union
that the Union has a labor dispute and that "we would like their cooperation." but that
he does not tell them what to do or what not to do. Based principally on this testimony
which is consistent with Distante's testimony regarding the conversation, and the im-
pression the witnesses made on me, I credit the testimony of Distante and discredit that
of Terrones and Contreras where it is inconsistent with the findings herein.
2144 NLRB 1523, enfd . 340 F. 2d 10 (C.A. 9).
3 Also on the point of inducement and encouragement, see the discussion and consider-
ation of this point in Building and Construction Trades Council of Tampa and Vicinity,
AFL-CIO (Tampa Sand and. Material Co.), 132 NLRB 1564; and the decision of the
Supreme Court in Inter-national Brotherhood of Electrical Workers, Local 501 , at aZ. (Sam-
uel La nger) v. N.L.R.B., 341 U.S. 694.
FURNITURE v= ORDERS U1 ION LOCAL 2N-0. 500
V. THE REMEDY
1071
Having found that Respondent has engaged in activities violative of Section
8 (b) (4) (i) (B) of the Act, I shall recommend that it cease and desist therefrom and
take certain affirmative action designed to effectuate the policies of the Act.
Upon the basis of the above Endings of fact, and upon the entire- record in the case,
I make the following:
CONCLUSIONS OF LAw
i. Canoga Creations Incorporated and Upholstery Supply Company are employ-
ers within the meaning of Section 2(2) of the Act and are engaged in commerce or
in an industry affecting commerce within the meaning of Section 2(6) and (7) and
Section 8(b) (4) of the Act.
2. Furniture Workers Union Local No. 5-00 is a labor organization within the
meaning of Section 2(5) of the Act.
3. By inducing and encouraging the employees of Canoga Creations Incorporated
to engage in a strike or a refusal in the course of their employment to use, process,
or otherwise handle or work on any materials or to perform any services, with an
object of forcing or requiring Canoga Creations Incorporated to cease doing busi-
ness with Upholstery Supply Company, Respondent has engaged in an unfair labor
practice within the meaning of Section 8(b) (4) (i) (B) of the Act.
4. The aforesaid unfair labor practice is an unfair labor practice affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and conclusions of law and the
entire record in the case, and pursuant to Section 10(c) of the National Labor Rela-
tions Act, as amended, it is hereby recommended that Respondent, Furniture Work-
ers Union Local No. 500, its officers, agents, and representatives, shall:
1. Cease and desist from inducing or encouraging any individual employed by
Canoga Creations Incorporated or any other person engaged in commerce or in an
industry affecting commerce, to engage in a strike or a refusal in the course of his
employment to use, process, or otherwise handle or work on any goods, articles,
materials, or commodities, or to- perform any services, where an object thereof is
to force or require Canoga Creations Incorporated, or any other person engaged in
commerce or in an industry affecting commerce, to cease doing business with-Uphol-
stery Supply Company.
2. Take the following affirmative action which I find will effectuate the policies of
the Act:
(a) Post at its offices, meeting halls, and at all places where Respondent custom-
arily posts notices to members, copies of the attached notice marked "Appendix." 4
Copies of said notice, to be furnished by the Regional Director for Region 31, shall,
after being duly signed by Respondent's authorized representative, be posted by it
immediately upon receipt thereof, and be maintained by it for 60 consecutive days
thereafter, in conspicuous places, including all places where notices tomembers are
customarily posted. Reasonable steps shall be taken by Respondent to insure that
said notices are not altered, defaced, or covered by any other material.
(b) Furnish to the Regional Director for Region 31 signed copies of the attached
notice marked "Appendix," for posting by Canoga Creations Incorporated, if it be
willing, at places where it customarily posts notices to employees.
(c) Notify the Regional Director for Region 31, in writing, within 20 days from
the date of the receipt of this Decision, what steps the Respondent has taken to
comply herewith.°
It is further recommended that unless on or before 20 days from the date of
receipt of this Decision the Respondent notifies said Regional Director, in writing,
that it will comply with the terms thereof, the Board issue an Order requiring it to
take such action.
s In the event that this Recommended Order is adopted by the Board. the words "a
Decision and Order" shall be substituted for the words "the Recommended Order of a
'Trial Examiner" in the notice . In the further event that the Board ' s Order is enforced
by a decree of a United States Court of Appeals , the words "a Decree of the United States
Court of Appeals , Enforcing an Order" shall be substituted for the words "a Decision
and Order."
In the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read: "Notify said Regional Director , in writing , within 10 days from
the date of this Order , what steps the Respondent has taken to comply herewith."
1072 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
APPENDIX
NOTICE TO ALL MEMBERS OF FURNITURE WORKERS UNION LOCAL No. 500
AND TO ALL EMPLOYEES OF CANOGA CREATIONS INCORPORATED
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby notify you that:
WVE WILL NOT induce or encourage any individual employed by Canoga Crea-
tions Incorporated, or any other person engaged in commerce or in an industry
affecting commerce, to engage in a strike or a refusal in the course of his employ-
ment to use, process, or otherwise handle or work on any goods, articles,
materials, or commodities or to perform any services, with an object of forcing
or requiring Canoga Creations Incorporated, or any other employer engaged in
commerce or in a r. industry affecting commerce, to cease doing business with
Upholstery Supply Company.
FURN?TUR_. WORKERS UNION LOCAL No. 500,
Labor Organization.
Dated------------------- By-------------------------------------------
(Representative). (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If members have any question concerning this notice or compliance with its- pro-
visions, they may communicate directly with the Board's Regional Office, 312 North
Spring Street, Los Angeles, California, Telephone No. 688-5850.
International Association of Machinists and Aerospace Workers,
AFL-CIO [PMI Corporation] and United Brotherhood of
Carpenters and Joiners of America, AFL-CIO and Robert L.
Richart, Charles J. Maus, Jr., Leroy J. Smith. Case So.. 38-
OD-2. November 19,1965
DECISION AND DETERMINATION OF DISPUTE
This is a proceeding pursuant to Section 10.(k) of the National
Labor Relations Act, as amended , following charges flied by Robert L.
Richart, Charles J.1(Iaus, Jr., and Leroy J. Smith, alleging that Inter-
national Association of Machinists and Aerospace Workers, AFL-
CIO, herein called the Respondent , had induced and encouraged
employees to strike . for the purpose , of forcing or requiring PMI
Corporation , herein called PlII or the Emplo -er. and Continental Can
Company , Inc., herein called Continental ,' to assign particular work
to members of the Respondent rather than to members of United
Brotherhood of Carpenters and Joiners of America. AFL-CIO,
herein called the Carpenters . A hearing was held before Hearing
Officer Louis J. D'Amico, on Jul; 20 and 21, 1 965. All parties who
i Continental, against 'whom, together with P-MI who performed the -cork in dispute,
the picketing which gave rise to the charges herein was directed, was served with the
formal papers in the case. However, it took- no- position at the hearing and refused to
fully participate as a party therein.
155 NLRB No. 107.