Gillcraft Furniture Co.

National Labor Relations Board - Board Decisions

Oct 25, 1940

27 N.L.R.B. 1111 (N.L.R.B. 1940)

In the Matter of MILTON L. GILLESPIE , DOING BUSINESS AS GILLCRAFT
FURNITURE COMPANY and UNITED FURNITURE WORKERS OF AMERICA.
LOCAL 576, C. I. O.
Case No. C-1100.-Decided October 25, 19.4
Jurisdiction : furniture manufacturing industry.
Settlement : stipulation providing for compliance with the Act.'
Remedial Orders : entered on stipulation.
Mr. David Sokol, for the Board.
Mr. Milton L. Gillespie, for the respondent.
Mr.-Ernest Marsha, for the Union.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by United Furniture Workers
of America, Local 576, 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), is-
sued its complaint, dated October 7, 1940, against Milton L. Gillespie,
doing business as Gillcraft Furniture Company, Los Angeles, Cali-
fornia, 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 Sec-
tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the complaint were duly served
upon the respondent and upon the Union.
With respect to the unfair labor practices, the complaint alleged,
in substance, (1) that on or about October 25, 1939, and at all times
thereafter, the respondent refused to bargain collectively with the
Union in respect to rates of pay, wages, hours of employment, and
other conditions of employment, although the Union at all such
times was the exclusive representative of the respondent's employees
in a unit appropriate for the purposes of collective bargaining; (2)
27 N. L. R. B , No 179.
1111
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that by such refusal to bargain the respondent interfered with, re-
strained , and coerced its employees in the exercise of the rights guar-
anteed in Section 7 of the Act; and (3 ) that because of the foregoing
acts employees in the appropriate unit went out on strike on or about
February 28, 1940, and that 17 named employees have remained out
on strike since that date.
On October 7, 1940, prior to the hearing, the respondent, the Union,
and counsel for the Board entered into the following stipulation and
agreement in settlement of the case ,'subject to approval by the Board:
It is hereby agreed by and between Milton L. Gillespie, doing
business as Gillcraft Furniture Company, hereinafter referred to
as Respondent , United Furniture Workers of America , Local 576,
C. I. 0., and David Sokol, Attorney for the National Labor Rela-
tions Board, that :
Respondent is, and at all times hereinafter mentioned has been,
doing business under the firm name and style of Gillcraft Furni-
ture Company , having his principal place of business at 116 East
Jefferson Boulevard , Los Angeles , California , and engaged in
the manufacture and sale of furniture including bed divans and
chairs , upholstered occasional chairs and upholstered reclining
chairs. In the operation of this business the principal raw
materials used by Respondent include cotton, burlap, string, sisal,
covering materials , lumber, nails , tacks and buttons . During the
period from June 1, 1939 to December 31, 1939 Respondent pur-
chased approximately $47,000, of the aforesaid materials. Of
these purchases over 20 °Jo thereof was purchased from suppliers
located outside of the State of California and brought to Respond-
ent's Los Angeles plant by means of rail , truck and boat. During-
this same period Respondent 's total' sales of furniture manufac-
tured by it approximated $76,000, of which more than 10% were
sales made to customers located outside the State of California
in other states of the United States. Respondent 's purchases
and sales, as between intra and interstate commerce since De-
cember 31, 1939 , have been substantially in the same percentage
as above stated . Respondent concedes , for the purposes of this
proceeding , that the operations of its business affect commerce
within the meaning of the National Labor Relations Act.
It is further stipulated that the United Furniture Worker's
of America , Local 576, 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
GILLCRAFT FURNITURE COMPANY 1113
the Act, and the taking of testimony or evidence before an Ex-
aminer of the National Labor Relations Board in this matter con-
cerning the charge and allegations in the complaint herein, and
said parties hereto waive the making of findings of fact and con-
clusions of law by the Board herein.
It is stipulated that all persons employed by Respondent at its
aforementioned plant as production employees, excluding office
and clerical employees and shipping clerk and watchman and
supervisory employees not working at the trade, 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-organization and to collective bar-
gaining and would otherwise effectuate the policies of the National
Labor Relations Act.
It being further stipulated that on October 25, 1939, and at all
times thereafter, the Union was the duly designated representative
of the majority of the employees in the appropriate unit above
described and that, by reason of Section 9 (a) of the National
Labor Relations Act, was, on that date and at all times there-
after, the exclusive representative of all the employees in such'
unit for the purposes of collective bargaining with the Respond-
ent 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
Milton L. Gillespie, doing business as Gillcraft Furniture Com-
pany, his agents, successors, and assigns, shall:
1. Cease and desist 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 repre-
sentatives of their own choosing, and to engage in concerted ac-
tivities 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 United Furniture
Workers of America, Local 576, C. I. 0., as exclusive representa-
tive of the Respondent's production employees, excluding office
1114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and clerical employees and shipping clerk and watchman and su-
pervisory employees not working at the trade, 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 United Furniture
Workers of America, Local 576, C. I. 0., as the exclusive repre-
sentative of their production employees, excluding office and cleri-
cal employees and shipping clerk and watchman and supervisory
employees not working at the trade, at the' Los Angeles plant,
in respect to rates of pay, wages, hours of employment, and other
conditions of employment, and, if an understanding is reached on
such matters, embody said understanding in a signed agreement
for a definite term;
b. Offer to the employees listed in Appendix A, immediate
and full reinstatement to their formes positions without preju-
dice to their seniority and other rights and privileges, dismissing,
to the extent necessary, all persons hired since February 28, 1940.
If, by reason of a reduction in the force since February 28, 1940,
there is not sufficient employment immediately available for the
persons listed in Appendix A, all available positions shall be dis-
tributed among such persons listed in Appendix A; in accordance
with the Respondent's usual method of reducing its force. The
persons listed in Appendix A, remaining after such distribution,
for whom no employment is immediately available, shall be
placed upon a preferential list prepared in accordance with the
principles set forth herein, and in accordance with such list, be
offered employment in their former positions as such employment
becomes available, and before other persons are hired for such
work..
c. 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 cease and desist in the manner set forth in 1 (a) and (b),
and that it will take the affirmative action set forth in 2 (a) and
(b) of this Order; and that Respondent's employees are free
to become and remain members of United Furniture Workers
of America, Local 576, 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.
d. 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.
GILLCRAFT FURNITURE COMPANY 1115
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, enforc-
ing the aforesaid Order of the Board, pursuant to this Stipula-
tion. Respondent expressly waives its right to contest the entry
of said Decree, as heretofore approved by Respondent.
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. If 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.
Upon approval by the Board of this Stipulation, the charge
and amended charges and complaint which hate heretofore been
served upon Respondent and the union herein involved, together
with the Stipulation and Consent Decree herein, shall be filed
with the Chief Trial Examiner of the National Labor Relations
Board in Washington, D. C. as the formal record herein.
APPENDIX A
Hilda Ireland Jimmie Harknes
Bertie Kinsey James Brady
Al Harris - Emil Archambault
Jimmie Harger Max Freedman
Dalton Cook Wm. Knight
Leonard Mueller Merle Nisewaner
Geo. Boehm Ed Heaston
Ernest Cameron Joe Cervio
Wm. Crawley
On October 11, 1940, the Board issued an order approving the above
stipulation, making it part of the record in the case, and, pursuant
to Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the case to the Board
for the purpose of entry of a decision and order pursuant to provisions
of the stipulation.
Upon the above stipulation and agreement and upon the entire
record in the case, the Board makes the following :
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, with a principal place of business and plant in
Los Angeles, California, is engaged in the manufacture, sale, and dis-
tribution of furniture, including bed divans and chairs, upholstered
occasional chairs, and upholstered reclining chairs. In the operation
of its plant the respondent uses various raw materials, including
cotton, burlap, string, sisal, covering materials, lumber, nails, tacks,
and buttons. During the period from June 1, 1939, to December 31,
1939, the respondent purchased a quantity of such materials, amount-
ing to approximately $47,000 in value, more than 20 per cent of which
was purchased and shipped to the plant from outside the State of
California. During the same period the respondent's total sales
of furniture manufactured by it approximated $76,000, of which more
than 10 per cent were sold and shipped from the plant to customers
located outside the State of California. The proportion of the re-
spondent's "out-of-state" purchases and sales since December 31,
1939, have been substantially the same as for the period from June 1,
1939, to December 31, 1939.
The respondent concedes for purposes of this proceeding that it is
engaged in commerce, within the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
II. THE ORGANIZATION INvOLVED
United Furniture Workers of America, Local 576, C . I. 0., is a labor
organization , within the meaning of Section 2 ( 5) of the Act.
III. REPRESENTATION BY THE UNION OF THE MAJORITY IN THE
APPROPRIATE UNIT
We see no reason for not finding an appropriate collective bargain-
ing unit in accordance with the stipulation and agreement of the
parties, above set forth. Accordingly, we find that all production
employees at the Los Angeles plant, excluding office and clerical em-
ployees, shipping clerk, watchman, and supervisory employees not
working at the trade, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to employees
of the respondent the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
We presume that the stipulation and agreement of the parties as
to the representation by the Union of employees in the appropriate
GILLCRAFT FURNITURE COMPANY 1117
collective bargaining unit rests upon an investigation and determina-
tion of the validity of that fact by them. We find that the Union
is, and at all times since October 25, 1939, has been, the duly desig-
nated representative of a majority of the employees in the appro-
priate unit , and that by virtue of Section 9 (a) of the Act it is, and-
,at all such times has been, the exclusive representative of all the
employees in said unit for the purpose of collective bargaining with
the respondent in respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment.
ORDER
Upon the basis of the above findings of fact, stipulation and
agreement , and upon 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 Milton L. Gillespie, doing
business as Gillcraft Furniture Company, his agents, successors, and
assigns , shall:
1. Cease and desist 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 collectives bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the Act;
(b) Refusing to bargain collectively with United Furniture Work-
ers- of America , Local 576,, C. I. 0., as the exclusive representative
of all the respondent 's production employees at the Los Angeles
plant, excluding office and clerical employees , shipping clerk, watch-
man, and supervisory employees not working at the trade.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act :
(a) Upon request bargain collectively with United Furniture
Workers of America, Local 576, C. I. 0., as the exclusive representa-
tive of all production employees at the Los Angeles plant, excluding
office and clerical' employees, shipping clerk, watchman, and super-
visory employees not working at the trade,, in respect to rates of pay,
wages, hours of employment, and other conditions of employment,
and, if an understanding is reached on such matters, embody said
understanding in a signed agreement , if requested to do so by said
labor organization;
(b) Offer to the employees listed in Appendix A, immediate and
full reinstatement to their former positions without prejudice to their
seniority and other rights and privileges, dismissing, to the extent
necessary , all persons hired since February 28, 1940. If, by reason
1118 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
of a reduction in the force since February 28, 1940, there is not
sufficient employment immediately available for the persons listed in
Appendix A, all available positions shall be distributed among such
persons listed in Appendix A, in accordance with the respondent's
usual method of reducing its force. The persons listed in Appendix
A, remaining after such distribution, for whom no employment is
immediately available, shall be' placed upon a preferential list pre-
pared in accordance with the principles set forth herein, and in ac-
cordance with such list, be offered employment in their former
positions as such employment becomes available, and before other
persons are hired for such work;
(c) Post immediately, and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, notices in con-
spicuous places in and about the plant that the respondent will not
engage in the conduct from which it is ordered to cease and desist
in paragraphs 1 (a) and (b) of this Order; (2) that the respondent
will take the affirmative action set forth in paragraphs 2 (a) and (b)
of this Order; and (3) that the respondent's employees are free
to become and remain members of United Furniture Workers of
America, Local 576, C. I. 0., and the respondent will not discriminate
against any employee because of his membership or activity in that
or any other labor organization;
(d) 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.
APPENDIX A
Hilda Ireland
Bertie Kinsey
Al Harris
Jimmie Harger
Dalton Cook
Leonard Mueller
Geo. Boehm
Ernest Cameron
Wm. Crawley
Jimmie Harknes
James Brady
Emil Archambault
Max Freedman
Wm. Knight
Merle Nisewaner
Ed Heaston
Joe Cervio