Inland Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 14, 1940

26 N.L.R.B. 560 (N.L.R.B. 1940)

In the Matter Of INLAND MANUFACTURING COMPANY and UNITED
FURNITURE WORKERS OF AMERICA LOCAL #262 and Box MAKERS'
UNION LOCAL 1137, BROTHERHOOD OF CARPENTERS AND JOINERS OF
AMERICA PARTY TO THE CONTRACT
Case No. C-1642.-Decided August 14, 1940
Jurisdiction : lumber products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Order: entered on stipulation.
Mr. Earle K. Shawe, for the Board.
Mr."S. E. McGaw, of Oakland, Calif., for the respondent.
Mr. Howard L. Custer, of San Francisco, Calif., for the Union.
Mr. Charles J. Janigian, of San Francisco, Calif., for Local 1137.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Furniture Workers of America,
Local #262, herein called the United, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Twentieth Region (San Francisco, California), issued its com-
plaint dated June 28, 1940, against Inland Manufacturing Company,
Oakland, California, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce, within the meaning of Section 8 (1), (3),
and (5) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. The complaint, containing a
notice of hearing, was duly served on the respondent, on the United,
on Box Makers' Union Local 1137, Brotherhood of Carpenters and
Joiners of America, herein called Local 1137, on Charles J. Janigian,
as counsel for California State Federation of Labor, and on Charles
W. Hope, as labor consultant.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent (1) since on or about January 15,
1940, sought to induce its employees to refrain from becoming or
remaining members of the United and to become members of Local
26 N. L. R. B., No. 60.
560
INLAND MANUFACTURING COMPANY 561
1137, and on or about March 1, 1940, entered into a closed-shop
agreement with Local 1137 and at all times thereafter performed the
terms thereof, although Local 1137 was then a labor organization
established, maintained, and assisted by the respondent's unfair
labor practices; (2) on January 19, 1940, and at all times ' there-
after, 'refused to bargain collectively with the United, although
the United at such times was the exclusive representative of the
respondent's employees in a unit appropriate for the purposes of
collective bargaining; (3) discharged Herbert Heihn, Edgar Heihn,
Gene Fredenberg, and Walter Nicholson, because they were not
members of Local, 1137 but were members of the United or had
applied for membership therein; and (4) by each of the aforesaid
acts interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.'
On July 10, 1940, prior to a bearing, the respondent, the United,
Local 1137, and an attorney for the Board entered into a stipula-
tion, subject to the approval of the Board, in settlement of the
case. This stipulation provided as follows:
IT IS HEREBY STIPULATED AND AGREED by and between the In-
land Manufacturing' Company (hereinafter called the respond-
ent), by S. E. McGaw, its Vice President; United Furniture
Workers of America, Local #262 (hereinafter called Local 262), by
Howard L. Custer, its general representative; Box Makers' Union
Local 1137, Brotherhood of Carpenters and Joiners of America
(hereinafter called Local 1137), by Charles J. Janigian, its at-
torney, and Earle K. Shawe, attorney, National Labor Relations
Board,- as follows:
I
I
Respondent is a corporation organized and existing under the
laws of the State of California, having its principal office and
,place of 'business in the City of Oakland, County of Alameda,
State of California , hereinafter called the Oakland Plant, and is
engaged in the manufacture , sale and distribution of sporting
goods, ladders, bottle crates and other lumber products.
During the year 1938 , raw materials purchased and used by
the respondent at the Oakland Plant amounted to approximately
$29,930.00, of which amount approximately $9,103.00 represents
the cost of raw materials purchased by the respondent ' and
shipped to the Oakland Plant from points outside the 'State of
California . During the same period, , respondent sold sporting
goods, ladders, bottle crates and other lumber prod ucts ,amounting
to approximately $70,378.00 , of which amount approximately
$5,121 .00 represents the value of goods which respondent sold
,and shipped 'to.points outside the - State of California
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the year 1939, raw materials purchased and used by
the respondent at the Oakland Plant amounted to approximately
$28,317.00, of which amount approximately $7,744.00 represents,
the cost of raw materials purchased by the respondent and
shipped to the Oakland Plant from points outside the State of
California. During the same period respondent sold sporting
goods; ladders, bottle crates and other lumber products amount-
ing to approximately $68,389.00, of which amount approximately
$5,525.91 represents the value of goods which respondent sold
and shipped to points outside the State of California.
• For the sole purpose of this proceeding, and for no other pur-
poses, and not otherwise, and not generally, respondent stipulates
to the above, facts and admits that it is engaged in commerce
within the, meaning of Section, 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449.
II
Box Makers' Union Local 1137, Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation
of Labor, is a labor organization within the meaning of Section
;2,(5) pf, the Act.
III
United Furniture Workers of America, Local #262, affiliated
with the Congress of Industrial Organizations, is a labor organ-
ization within- the meaning of Section 2 (5) of the Act.
IV
All of the parties hereto, and each of them, hereby waive their
right to file an answer to the complaint of the National Labor
Relations Board filed herein, and their right to a hearing and to
appear :in person or otherwise and to give testimony and examine
or cross-examine witnesses' (as provided in Section 10 (b) of the
National-Labor -Relations Act and,in National Labor Relations
Board Rules and Regulations, Series 2, as amended); and all the
parties hereto, and each of them, hereby waive the making of
findings •of fact and conclusions of law by the 'National Labor
Relations Board; and all the parties hereto, and each of them,
agree that the formal papers in this proceeding, including the
Second Amended Charge, Complaint and Notice of Hearing, Affi-
davit of Service of Complaint and Notice of Hearing, copy of
,Rules and Regulations- of the -National Labor Relations Board,
Series -2,, as amended, and this Stipulation, and nothing else, shall
constitute the entire record -in this case, and shall dispense with
the necessity for the hearing referred to in said Complaint. and
INLAND' MANUFACTURING COMPANY • 563
Notice of Hearing and as provided in Section 10 (b) and *(c) of the
National Labor Relations Act. This waiver and agreement is
expressly conditioned upon the approval of this Stipulation by
the National Labor Relations Board:
-It is agreed that this Stipulation and the formal papers in this
proceeding, as above described, shall be filed with the National
Labor Relations Board in-Washington, D. C., by filing the, same
with the Chief Trial Examiner of said Board.
V,
Without admitting that the unfair labor practices alleged'iri the
Complaint or referred to in the form of Order set forth below
have been committed by any of the parties hereto, and expressly
on the understanding that nothing contained in this Stipulation or
in the Order or Decree provided for herein shall be construed
as an admission or finding, express or implied, that any such un-
fair labor practices have been committed by 'any of the parties
hereto, the parties join in this Stipulation to the end that this
matter may be amicably and promptly settled. 'Therefore, to
this end, upon the record herein, and upon this Stipulation, if and
when approved by the National Labor Relations B'oard,; an Order
may forthwith be entered by said Board, providing as follows:
1. Respondent, Inland Manufacturing Company, shall "cease
and desist from:
(a) Discouraging or encouraging membership in' 'any labor
organization of their employees by discharging, demoting or re-
fusing to reinstate any of their employees or in any manner dis-
criminating with regard to their hire or tenure of employment or
any term or condition' thereof because or on account of their
membership in, activity on behalf of or sympathy toward any such
labor organization;
(b) In any manner interfering with, restraining or coercing
their employees, or any of them, in the exercise, of the 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 National Labor Relations Act;
(c) Urging, persuading or warning its employees, or any of
them, or in any manner influencing' or attempting to influence
said employees to refrain from becoming or remaining members
of United Furniture Workers of America, Local #262, or any
other labor organization of its employees, and from threatening
said employees with discharge or other reprisals if they become
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or remain members of the said United Furniture Workers of
America, Local #262;
(d) Giving effect to any and all contracts in existence between
the respondent and Local 1137.
2. Respondent, Inland Manufacturing Company, shall take the
following affirmative action in order to effectuate the policies of
the National Labor Relations Act:
(a) Offer to Herbert Heihn, Edgar Heihn and Gene Fredenburg
full and unconditional reinstatement to their former positions,
without prejudice to their seniority or other rights and privileges
previously enjoyed by them;
(b) Make whole Herbert Heihn, Edgar Heihn, Gene Freden-
burg and Walter Nicholson for any loss of pay they have suffered
by, reason of, their discharges by paying said employees the sum
of $45:00 each; ,
(c) Post immediately in conspicuous places at its Oakland Plant
and maintain' for a period of at least sixty (60) days, notices
stating that: (1) Inland Manufacturing Company will cease and
desist in the manner set forth in Paragraph 1 (a), (b), (c) and
(d) hereinabove; (2) Inland Manufacturing Company will take
the affirmative action set forth in Paragraph 2 (a) and (b)- above;
(3) employees of Inland Manufacturing Company at the Oakland
Plant have the right to self-organization, and are free ,to join or
assist labor organizations, to bargain collectively with the Inland
Manufacturing Company through representatives of their own
choosing, and to engage in concerted activities for the purpose of
collective bargaining with Inland Manufacturing Company, or
for other mutual aid or protection; and (4) the agreement entered
into on or about March 1, 1940 between the Inland Manufacturing
Company and Box Makers' Union Local 1137, Brotherhood of
Carpenters and Joiners of America, has, under this order, been
suspended.
(d) Notify the Regional Director for the Twentieth Region of
the National Labor Relations Board, in writing, within ten (10)
days from the date of this Order, of the steps respondent has taken
to comply herewith.
VI
It is understood and agreed that Walter Nicholson has other
and substantially equivalent employment and he will not be
reinstated to his job in the respondent's Oakland Plant.
VII
In order to dispose of the issue of representation raised by the
'allegation in the complaint that the respondent is engaging in
unfair labor practices within the meaning of Section 8 (5) of the
INLAND MANUFACTURING COMPANY 565
National Labor Relations Act, it is further stipulated and agreed
as follows:
1. The respondent, Local #262, and Local 1137 hereby agree
and consent to the conducting of an election by secret ballot by
the Regional Director for the Twentieth Region of the National
Labor Relations Board, hereinafter referred to as the Regional
Director, for the purpose of determining the collective bargaining
agency desired by the employees of the respondent, as hereinafter
defined.
2. Said election shall be held in conformity with the National
Labor Relations Act and the Rules and Regulations, Series 2,
as amended, of the National Labor Relations Board, except,
however, that the determination of the Regional Director on
challenges or objections to the ballot or Election Report shall,
for all purposes, be conclusive.
3. Those eligible to vote shall be all of the hourly production
and maintenance employees employed at the respondent's Oak-
land Plant, exclusive of supervisory, office and clerical employees
and truck drivers, who were on the respondent's payroll as of
January 19, 1940. It is hereby agreed that those employees whose'
names are listed below constitute all of the employees who shall
be eligible to vote in said election:
R. C. Gilmore H. A. Miller
M. McCamish Herbert Heihn
S. J. Mikulich Edgar Heihn
W. E. Marshall Gene Fredenburg
A. C. Peterson B. C. Knierim
F. T. Moreland Jack Walton
4. Said election shall be conducted by an agent of the Regional
Director at the respondent's Oakland Plant not later than sixty
(60) days from the date of the approval of this Stipulation by
the National Labor Relations Board, as provided for in Para-
graph X herein.
5. All the parties agree to cooperate fully with the Regional
Director in the conduct of such election and shall furnish services
and materials if requested to do so by the Regional Director.
6. The respondent agrees to allow an agent of the Regional
Director to post notices of said election at various places in the
Oakland Plant at least forty-eight (48) hours prior to the elec-
tion and to distribute copies of such notice to each employee of
the respondent.
7. The ballots in such election shall be counted and tallied by
the Regional Director, or her agent or agents; and the respondent,
Local #262, and Local 1137 shall each be allowed to station their
323429-42-vol. 26-37
566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
authorized observers at the polling place during such election for
the purpose of identifying eligible voters, or challenging ineligible
voters, and to verify such tally, provided that the observers
appointed or selected by the respondent shall not be supervisory
employees.
8. The question to be voted on at said election and to be in-
cluded in the official ballot shall be to determine whether the
employees described in Paragraph VII, 3 herein desire to be
represented for the purposes of collective bargaining by United
Furniture Workers of America, Local #262, C. I. 0.; by Box
Makers' Union Local 1137, Brotherhood of Carpenters and Join-
ers of America, A. F. of L., or by neither.
9. All of the parties agree to be guided by and abide by all
rulings of the Regional Director on any question raised relating
to such election and not determined in this agreement.
10. The respondent agrees to bargain collectively with the labor
organization designated or selected by a majority of the valid
ballots cast in such election, as the exclusive bargaining agency
of all of its employees in the unit specified in Paragraph VII, 3
above, and in the event an agreement is reached between the
respondent and such labor organization to reduce such agreement
to writing and to sign it.
11. The respondent agrees not to interfere with, restrain or
coerce its employees in the free choice of collective bargaining
representatives in such election, nor to interfere by coercion or
persuasion, directly or indirectly, or by its agents or foremen
with the free choice by its employees of collective bargaining
representatives in such election.
12. If in such election neither union is designated or selected
by a majority of the valid ballots cast, but both unions together
receive a majority, further procedure as to the holding of any
run-off election shall be referred to and determined by the
Regional Director.
VIII
After the entry of the order by the National Labor Relations
Board, as provided in this Stipulation, there may be entered in
the United States Circuit Court of Appeals for the Ninth Circuit
a decree by said Court enforcing in full the said order of the
National Labor Relations Board, and each of the parties hereto
hereby consents to the entry of such decree and hereby waives
prior notice thereof.
IX
It is expressly understood and agreed that this Stipulation and
the order and decree provided for herein shall be a complete
INLAND MANUFACTURING COMPANY 567
and final disposition of all the issues raised by the charges. and
complaint in this proceeding , and that no other or further pro-
ceeding, order or decree , other than those provided for herein,
shall be instituted or made with respect to the subject matters
contained in the charges and complaint herein against any of the
parties to this Stipulation.
X
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board.
XI
The terms of this Stipulation contain and set forth the entire
agreement by and between the parties hereto, and there is no
agreement of any kind which varies, alters , or adds to this
Stipulation.
On July 24 , 1940 , the Board issued and duly served on the respond-
ent, on the United, on Local 1137, on Charles J. Janigian, and on
Charles W. Hope, an order approving the said stipulation , making it a
part of the record in the case, and transferring the case to and contin-
uing it before the Board for the purpose of entry of a decision and
order by the Board pursuant to the provisions of the said stipulation.
Upon the said stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a corporation organized and existing under the
laws of the State of California , having its principal office and place of
business in the City of Oakland , County of Alameda, State of Cal-
ifornia, where it is engaged in the manufacture, sale, and distribution
of sporting goods, ladders, bottle crates, and other lumber products.
During the year 1938 , raw materials purchased and used by the
respondent at the Oakland plant amounted to approximately $29,-
930.00, of which amount approximately $9,103.00 represents the cost
of raw materials purchased by the respondent and shipped to the
Oakland plant from points outside the State of California . During
the same period , respondent sold sporting goods, ladders, bottle
crates, and other lumber products amounting to approximately $70,-
378.00 , of which amount approximately $5,121.00 represents the value
of goods which respondent sold and shipped to points outside the
State of California.
During the year 1939, raw materials purchased and used by the
respondent at the Oakland plant amounted to approximately $28,-
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
317.00 , of which amount approximately $7,744.00 represents the cost
of raw materials purchased by the respondent and shipped to the
Oakland plant from points outside the State of California . During
the same period , respondent sold sporting goods, ladders, bottle
crates, and other lumber products amounting to approximately $68,-
389.00, of which amount approximately $ 5,525.91 represents the value
of goods which respondent sold and shipped to points outside the
State of California.
The respondent concedes for the purpose 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.
ORDER
Upon the basis of the foregoing findings of fact, the 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 , Inland Manufacturing
Company, Oakland, California , shall:
1. Cease and desist from:
(a) Discouraging or encouraging membership in any labor or-
ganization of their employees by discharging , demoting, or refusing
to reinstate any of their employees or in any manner discriminating
with regard to their hire or tenure of employment or any term or
condition thereof because or on account of their membership in, ac-
tivity on behalf of or sympathy toward any such labor organization;
(b) In any manner interfering with, restraining , or coercing their
employees, or any of them , in the exercise of the right to self-organi-
zation, to form, join, or assist labor organizations , to bargain col-
lectively 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
National Labor Relations Act.
(c) Urging, persuading , or warning its employees , or any of them,
or in any manner influencing or attempting to influence said em-
ployees to refrain from becoming or remaining members of United
Furniture Workers of America, Local #262, or any other labor or-
ganization of its employees , and from threatening said employees
with discharge or other reprisals if they become or remain members
of the said United Furniture Workers of America, Local #262;
(d) Giving effect to any and all contracts in existence between the
respondent and Local 1137.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act:
INLAND MANUFACTURING COMPANY 569
(a) Offer to Herbert Heihn, Edgar Heihn, and Gene Fredenburg
full and unconditional reinstatement to their former positions, without
prejudice to their seniority or other rights and privileges previously
enjoyed by them;
(b) Make whole Herbert Heihn, Edgar Heihn, Gene Fredenburg,
and Walter Nicholson for any loss of pay they have suffered by reason
of their discharges by paying said employees the sum of $45.00 each;
(c) Post immediately in conspicuous places at its Oakland plant and
maintain for a period of at least sixty (60) days, notices stating that:
(1) Inland Manufacturing Company will cease and desist in the man-
ner set forth in paragraph 1 (a), (b), (c), and (d) hereinabove; (2)
Inland Manufacturing Company will take the affirmative action set
forth in paragraph 2 (a) and (b) above; (3) employees of Inland
Manufacturing Company at the Oakland plant have the right to self-
organization, and are free to join or assist labor organizations, to bar-
gam collectively with the Inland Manufacturing Company through
representatives of their own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining with Inland Manufactur-
ing Company, or for other mutual aid or protection; and (4) the
agreement entered into on or about March 1, 1940, between the Inland
Manufacturing Company and Box Makers' Union Local 1137, Brother-
hood of Carpenters and Joiners of America, has, under this Order, been
suspended.
(d) Notify the Regional Director for the Twentieth Region of the
National Labor Relations Board, in writing, within ten (10) days from
the date of this Order, of the steps respondent has taken to comply
herewith.