Michaels Co.

National Labor Relations Board - Board Decisions

May 4, 1942

40 N.L.R.B. 1136 (N.L.R.B. 1942)

In the Matter of.MAx MICHAELS, AN INDIVIDUAL, DOING BUSINESS AS
MICHAELS ,COMPANY and INTERNATIONAL LADIES' HANDBAG, POCKET-
BOOK, LUGGAGE, LEATHER & NOVELTY WORKERS, LOCAL UNION 64,
A.F.L.
. Case No. C-2771.-Decided May 4, 1942
Jurisdiction : novelty goods manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Charles M. Ryan, for the Board:
Mr. Max Michaels, of Los Angeles, Calif:, for the respondent.
Mr.' Edwin B. Warren, of Los Angeles, Calif., for the Union:
Miss Melvern R. Krelow, of counsel to the Board.,
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by International Ladies' Hand-
bag, Pocketbook, Luggage, Leather & Novelty Workers, Local Union
64, A. F. L., herein called the Union, the National Labor Relations
Board,'herein called the Board, by the Regional Director for the
Twenty-first Region (Los Angeles, California), issued its complaint
dated April 6, 1942, against Max Michaels, an individual, doing
business as Michaels Company, Los Angeles, California, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce, within the
meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint were duly served upon the respondent and
the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that the respondent on and after July 21, 1941, refused
to bargain collectively with the Union, although the Union had been
designated by the majority of his employees within an appropriate
unit, as their representative for the purposes of collective bargain-
ing; (2) that the respondent, by his officers and agents, since May 1,
40 N. L; R. B., No. 192.
1136
MICHAELS COMPANY 1137
1941; made known to. his employees his.hostility toward labor organ-
izations and particularly the Union; disseminated and published
propaganda discouraging the efforts and attempts of his employees
to join,and assist labor organizations' of-their own choosing and to
engage in concerted activities for the purposes of collective bargain-
ing, and other mutual aid and protection ; threatened to discharge
employees and to close his Los Angeles,plant if his employees per-
sisted in their efforts to join or assist labor organizations of their
own choosing and to engage in concerted activities for the purposes
of collective bargaining, and other mutual aid and protection; and
(3) that .the respondent by the foregoing acts interfered with, re-
,strained and coerced his employees in the exercise of the rights
guaranteed in Section 7 of the Act.
Prior to a hearing the respondent, the Union, and counsel for the
Board entered into a stipulation dated April 7, 1942, subject to the
approval of the Board, in settlement of the case. This stipulation
provides as follows :
IT IS HEREBY STIPULATED by and between Max Michaels, doing
business as 'Michaels Company, Respondent herein, INTERNA-
TIONAL LADIES' HANDBAG, POLE: BOOR, LUGGAGE, LEATHER &
NOVELTY WORKERS, LOCAL UNION 64, A. F. L., a party herein,
and- CHARLES M. RYAN, attorney, National Labor Relations
Board, that :
I. Upon charges duly filed by International Ladies' Handbag,
Pocketbook, Luggage, Leather & Novelty Workers, Local Union
64, A. F. L., the National Labor Relations Board, ,by the
Regional Director for the Twenty-first Region, acting pursuant
to authority granted in Section 10 (b) of the National Labor
Relations Act, 49 Stat. 449, and its Rules and Regulations,
Series 2 as amended, Article IV, Section 1, issued its Complaint
on the 6th day of April, 1942, against Max Michaels; doing
business as Michaels Company, Respondent herein, wherein and
whereby it was alleged that the Respondent was and is engaging
in certain unfair labor practices, as defined in the National Labor
Relations Act and in violation of subsections (1), and (5) of
Section 8 thereof.
II. The Respondent, Max Michaels, doing business as Michaels
Company, though not admitting the allegations of the Com-
plaint, is desirous of avoiding litigation and does not desire to
contest the allegations of the said Complaint.
III. The Respondent is, and at all times hereinafter referred
to, has been an individual doing business as Michaels Company
at his place of business, located at 307 South Crocker Street, in
455771-42-vol. 40-72
1138 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD
the City of Los Angeles, State of California, where he is engaged
in manufacturing and selling novelty goods consisting mainly
of a line of wooden souvenirs.
IV. The raw materials used by the Respondent in the manu-
facture of wooden souvenirs consist of plywood, principally;
purchases of said material for the calendar year of 1940 amounted
to approximately Twenty-five thousand ($25,000.) dollars, of
which- amount more than fifty (507o), per cent represents pur-
chases of material from sources located -outside the State of
California.
V. The products of the Respondent manufactured during the
calendar year of 1940 consisted mainly ' of wooden novelty sou-
venirs of the value of approximately Seventy thousand ($70,000)
dollars, of. which amount approximately Thirty-five thousand
($35,000) dollars represents sales *to purchasers located outside
the State of California, and said products were shipped from
the Respondent's plant to said purchasers :located outside the
State of California.
VI. The Respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act.
VII. International. Ladies' Handbag; Pocketbook, Luggage,
.Leather & Novelty Workers, Local Union 64, A. F. L., herein-
after referred to as the "Union," is a labor organization within
the meaning of Section 2, subdivision (5) of the Act.
VIII. The parties hereto agree that the unit consisting of all
of Respondent's production employees, including the office, girls,
but excluding supervisory employees with the right to hire and
fire, is a unit appropriate for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment and
other conditions of employment, and that said unit would insure
to Respondent's employees the full benefit of the right to self-
organization and would otherwise effectuate the policies of the
National Labor Relations Act.
IX. The parties hereto agree that the International Ladies'
Handbag, Pocketbook, Luggage, Leather & Novelty -Workers,
Local Union 64, affiliated with the American Federation of
Labor,-is and at all times since July 21, 1941, has been the duly
designated representative for purposes of collective bargaining
in respect to rates of pay, wages, hours of employment and other
conditions of employment of a majority of Respondent's em-
ployees within the unit set forth in Paragraph VIII above.
X. The parties hereto expressly waive their right to a hearing
and agree that the third Amended Charge, Complaint, as here-
tofore served upon the parties, together with a copy of the Rules
=MICHAELS COMPANY- 1139
and Regulations of the National Labor Relations Board, Series 2,
as amended, and this Stipulation shall be filed with the Chief
'Trial Examiner of the National Labor Relations Board at Wash-
ington, D. C., and shall constitute the record in this proceeding.
XI. The parties hereto waive the making by the National
Labor Relations Board of Findings of Fact and Conclusions of
Law in this matter and consent that the National Labor Rela-
tions Board may-make and enter an order in the following terms :
Respondent, Max Michaels, doing business as Michaels Company,
his officers and agents, successors and assigns, shall:
(1) Cease and desist from:
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organization
to form, join or assist labor organizations to bargain collectively
through representatives of their -own choosing, and to engage in
concerted activities for the purpose of collective bargaining or
other mutual aid' or protection, as guaranteed in Section 7 of
the Act;
(b) Refusing to bargain collectively with the International
Ladies' Handbag, Pocketbook, Luggage, Leather. & Novelty
Workers, Local Union 64, affiliated with the American Federa-
tion of Labor, as the exclusive representative of all production
employees, including the office girl and excluding supervisory
employees having the right to, hire or, fire.
(2) Take the following affirmative action :
(a) Upon request, bargain collectively with International
-Ladies' Handbag, Pocketbook,- Luggage, Leather & Novelty
Workers, Local Union 64, affiliated with the American Federa-
tion of Labor, as the exclusive representative of all production
employees, including the office girl, exclusive of supervisory
employees having the right to hire and fire ;
(b) Immediately post notices in conspicuous places throughout
Respondent's plant and maintain such notices for a period of at
least sixty (60) consecutive days, stating (1) that the Respond-
ent will not engage in the conduct from which it is ordered to
cease and desist in Paragraph 1 (a) and (b) of this order; (2)
that it will take the affirmative action set forth in Paragraphs
2 (a) and (b) of this order;
(c) Notify the Regional Director for the Twenty-first Region
in writing within ten (10) days from the date of the entry of
the order by the Board, of what steps Respondent has taken to
comply therewith.
XII. IT IS STIPULATED AND AGREED that the appropriate United
States Circuit Court of Appeals may, upon application of the
1140 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
National Labor Relations, Board, enter a decree enforcing the
aforesaid order of the Board, all parties to this Stipulation
hereby expressly waiving their rights to contest the entry of'said
decree in the appropriate United States Circuit Court of Ap-
peals, and further expressly waiving their rights to receive notice
of the filing by the National Labor Relations Board of an ap-
plication for an entry of such a decree.
XIII. The entire agreement between the parties hereto is con-
tained within the terms of this Stipulation, and there is no
verbal agreement which varies, alters or adds to this Stipula-
tion.
XIV. IT IS FURTHER STIPULATED AND AGREED that this Stipula-
tion is subject to the approval of the National Labor Relations
Board.
On April 25, 1942, the Board issued its order approving the above
stipulation making it a 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 proceeding
to the Board for the purpose of entering a decision ai:cl order pur-
suant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Max Michaels, an individual, doing business as Michaels Company,
is engaged in Los Angeles, California, in the manufacture and' sale
of novelty goods consisting 'mainly of a line of wooden souvenirs.
During 1940 the respondent purchased raw materials valued at ap-
proximately $25,000, more than '50 percent of which was shipped
to the respondent from points outside of California. During the
same period the respondent manufactured finished products valued
at approximately $70,000, of which approximately $35,000 represents
sales made outside California. The respondent admits that he is
engaged in commerce within the meaning of the Act.
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and 'commerce • among
the several States.
ORDER
Upon the basis of the above findings of fact, stipulation and the
entire record in the case and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
MICHAELS COMPANY 1141
hereby orders that respondent, Max Michaels, an individual, doing
business as Michaels Company, his officers, and agents, successors and
assigns, shall : _
(1) Cease and desist from :
(a)-'In any manner interfering with, restraining or coercing its
employees in the. exercise of their, rights to self-organization to form,
join or assist labor organizations to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining or other- mutual
aid or protection, as guaranteed in Section 7 of the Act;
(b) Refusing to bargain collectively with the International Ladies
Handbag, Pocketbook, Luggage, Leather & Novelty Workers, Local
Union 64, affiliated with the American Federation of Labor, as the
exclusive representative of all production employees, including the
office girl and excluding supervisory employees having the right to
hire or fire.
(2) Take the following affirmative action: -
(a) Upon request, bargain collectively with International Ladies
Handbag, Pocketbook, Luggage, Leather & Novelty Workers, Local
Union 64, affiliated with the American Federation of Labor, as the
exclusive representative of all production employees, including the
office girl, exclusive of supervisory employees having the right to
hire and fire; ,
(b) Immediately post notices in conspicuous places throughout
Respondent's plant and maintain such notices for a, period of at
lease sixty (60) consecutive days, stating (1) 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 it
will take the affirmative action set forth in Paragraphs 2 (a) and
(b) of this' order;
(c) Notify the Regional Director for the Twenty-first Region in
writing within ten (10) days from the date of the entry of the order
by the Board, of what steps Respondent has taken to comply there-
with.