The Columbia Mills, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1940

21 N.L.R.B. 590 (N.L.R.B. 1940)

In the Matter of THE COLUMBIA MILLS, INCORPORATED and VENETIAN
BLIND WORKERS UNION, LOCAL 1763, A. F. OF L.
Case No. C 14[/7.Decided March 13, 1940
Venetaan Blip d, and Allied Products Manufacturing Indastrp-Settlement:
stipulation providing for compliance with the Act, including disestablishment of
company-dominated union-Order : entered on stipulation.
Mr. Weldon P. Monson, for the Board.
Mr. J. Stauffel and Mr. Elmer H. Howlett, of Los Angeles, Calif.,
for the respondent.
Mr. E. B. Sheldon, of Los Angeles, Calif., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Venetian Blind
Workers Union, Local 1763, A. F. of 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, Cali-
fornia ), issued its complaint dated January 15, 1940, against The
Columbia Mills, Incorporated, 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 (2) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
The complaint alleged in substance that the respondent (1) on or
about November 15, 1937, formed, assisted, and sponsored a labor or-
ganization among its employees known as Independent Venetian
Blind Workers' Union, Inc., herein called the Blind Workers; (2) at
all times from that date down to the issuance of the complaint, domi-
nated and interfered with the administration of said Blind Workers;
furnished meeting places for said Blind Workers; furnished said
Blind Workers with legal advice in the preparation of its constitution
and bylaws; transported its employees to meetings of said Blind
Workers during working hours; stated to its employees that they
21 N. L it. B., No. 57.
590
THE COLUMBIA MILLS, INCORPORATED 591
should become members of the Blind Workers and should not become
or remain members of the Union; permitted the Blind Workers to
post notices and bulletins in its Los Angeles plant, and refused the
Union permission to post similar notices and bulletins; and (3) by all
the acts alleged above, and by other acts, dominated and interfered
with the formation and administration of said labor organization
and contributed financial and other support to it, thereby engaging in
unfair labor practices, within the meaning of Section 8 (1) and (2)
of the Act.
On February 20, 1940, the respondent, the Union, and counsel for
the Board entered into a stipulation and agreement in settlement of
the case, subject to the approval of the Board. This stipulation and
agreement provided as follows :
It is hereby stipulated by and between The Columbia Mills,
Incorporated, respondent herein; Venetian Blind Workers Union,
Local 1763, affiliated with the American Federation of Labor,
party herein; and Weldon P. Monson, attorney for the National
Labor Relations Board, that :
I. Upon charges duly filed by Venetian Blind Workers Union,
Local 1763, affiliated with the American Federation of Labor, 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 15th day of January,
1940, against The Columbia Mills, Incorporated, respondent
herein.
II. Respondent, The Columbia Mills, Incorporated, is and has
been, since on or about February 14, 1896, a corporation organ-
ized and existing by virtue of the laws of the State of New York,
and is duly authorized and licensed to do business in the State
of California. Respondent has its principal office in the City of
New York, State of New York, and a plant and place of business
in the City of Los Angeles, State of California, and is now and
has continuously been engaged at its plant in the City of Los
Angeles, State of California (hereinafter called the Los Angeles
plant), in the manufacture, sale, and distribution of shade cloth,
window shades, venetian blinds, and allied products.
III. Respondent, The Columbia Mills, Incorporated, in the
course and conduct of its business at its Los Angeles plant uses,
among other raw materials, the following in the manufacture of
its finished products : lumber, cotton textiles, and steel; and pur-
chases approximately 90 percent of these materials from States
of the United States other than the State of California, prin-
cipally from the eastern and southern States, and in i the course
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and conduct of its business causes and has continuously caused
approximately 90 per cent of its raw materials to be transported
in interstate commerce from, into and through States of the
United States other than the State of California to its Los
Angeles plant, in the State of California, and there these raw
materials are manufactured by the respondent into the products
enumerated in Paragraph II above.
IV. Respondent, The Columbia Mills, Incorporated, manufac-
tures the products set forth in Paragraph II above at its Los
Angeles plant and causes and has continuously caused approxi-
mately 30 per cent of its finished products to be sold and trans-
ported in interstate commerce from its Los Angeles plant, to, into
and through States of the United States other than the State of
California. The respondent is the largest manufacturer of
venetian blinds in the United States.
V. Respondent, The Columbia Mills, Incorporated, is engaged
in interstate commerce within the meaning of the National Labor
Relations Act, and the decisions of the United States Supreme
Court relating thereto.
VI. Respondent, The Columbia Mills, Incorporated, in the
course and conduct of its business at its Los Angeles plant em-
ploys approximately one hundred and fifty employees, and ap-
proximately 167,778 square feet of venetian blinds are shipped
monthly from its Los Angeles plant.
VII. This Stipulation, together with the charges and amended
charges, Complaint, and Rules and Regulations of the National
Labor Relations Board, may be introduced as evidence by filing
them with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
VIII. The taking of testimony or evidence before an Ex-
aminer in this matter, and the making of findings of fact and
conclusions of law, pursuant to the provisions of the National
Labor Relations Act; the service of the complaint and amended
charges; the right to hearing, and notice thereof, under Section
10 of the National Labor Relations Act, are hereby expressly
waived by the Respondent herein.
IX. Upon this Stipulation, and upon the record herein, which
includes the charge and amended charges, and the complaint,
an Order may forthwith be entered by said Board, without
further notice or proceedings, providing as follows:
The respondent, The Columbia Mills, Incorporated, and its
officers, 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,
THE COLUMBIA MILLS, INCORPORATED 593
to form, join, or assist labor organizations in general and the
Venetian Blind Workers Union, Local 1763, affiliated with the
American Federation of Labor, in particular, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid and protection, as guaranteed them
under Section 7 of the National Labor Relations Act;
(b) In any manner dominating or interfering with the ad-
mininstration of the Independent Venetian Blind Workers Union,
Inc., or the formation or administration of any other labor or-
ganization, of its employees, or from contributing financial or
other support to Independent Venetian Blind Workers Union,
Inc., or any other labor organization; from recognizing or deal-
ing in any manner with Independent Venetian Blind Workers
Union, Inc., or any successor thereto, or any group that pur-
ports to represent said organization; or from forming or main-
taining any groups or designating any individuals to act as the
representative of the employees for the purposes of collective
bargaining respecting any terms or conditions of employment;
2. Take the following affirmative action which the Board finds
will effectuate the purposes and policies of the Act:
(a) Withdraw all recognition from the Independent Venetian
Blind Workers Union, Inc., as the representative of its employees
for the purpose of dealing with the respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment or
other conditions of employment, and completely disestablish said
Independent Venetian Blind Workers Union, Inc., as such
representative;
(b) Post immediately and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, notices to its
employees in conspicuous places throughout its Los Angeles plant,
stating 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) of this Order;
(c) 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.
X. It is stipulated and agreed that the appropriate United
States Circuit Court of Appeals may, upon application of the
National Labor Relations Board, enter a decree enforcing the
aforesaid Order of the Board, the respondent hereby expressly
waiving any right to contest the entry of said Decree and, further,
said application may be made at any time convenient to said
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board, and, without further notice to the respondent for the
application for entry of such decree.
XI. This Stipulation is a compromise settlement and embodies
the entire agreement between the parties, and there is no verbal
agreement of any kind which varies, alters, or adds to the
Stipulation.
XII. This Stipulation is subject to the approval of the Na-
tional Labor Relations Board, and shall become effective and
binding immediately upon the granting of such approval. The
Columbia Mills, Incorporated, by signing this Stipulation, does
not admit any of the charges or amended charges, or any of the
allegations of the complaint, except for the purpose of entering
said Consent Order and Decree, and in the event that this Stipu-
lation is not approved by the National Labor Relations Board,
it shall not in any way bind The Columbia Mills, Incorporated,
and shall not be produced and/or admitted in evidence or referred
to in any proceedings now pending or hereinafter instituted by
the Board.
On March 1, 1940, the Board issued an order approving the above
stipulation and agreement and making it part of the record in this
case, and transferring this case to and continuing it before the Board
for the purpose of entry of a decision and order by the Board pursuant
to the provisions thereof.
Upon the above 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 New York corporation with its principal office
in New York City. It is licensed to do business in the State of Cali-
fornia, and at Los Angeles, California, has a plant and place of-
business where it is engaged in the manufacture, sale, and distribu-
tion of shade cloth, window shades, venetian blinds, and allied prod-
ucts. Approximately 90 per cent of the lumber, cotton textiles, and
steel used in the course and conduct of its business at the Los
Angeles plant are purchased in States of the United States other than
California. Approximately 90 per cent of the raw materials used
in the products manufactured at the Los Angeles plant are trans-
ported thereto in interstate commerce from and through States of
the United States other than California. Approximately 30 per cent
of the respondent's finished products produced at the Los Angeles=
plant are sold in and transported from the plant into and through-
States of the United States other than the State of California.
THE COLUMBIA MILLS, INCORPORATED 595
The respondent in the course and conduct of its business at the
Los Angeles plant, employs approximately 150 employees.
The respondent admits that it is engaged in interstate commerce,
within the meaning of the National Labor Relations Act.
-1 We find that the above-described business and 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
hereby orders that the respondent, The Columbia Mills, Incorporated,
Los Angeles, California, and its officers, 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 in general and Venetian Blind
Workers Union, Local 1763, affiliated with the American Federation
of Labor, in particular, to bargain collectively through representa-
tives of their own choosing, and to engage in concerted activities for
the purpose of collective bargaining or' other mutual aid and pro-
tection, as guaranteed them under Section 7 of the National Labor
Relations Act;
(b) In any manner dominating or interfering with the adminis-
tration of Independent Venetian Blind Workers Union, Inc., or the
formation or administration of any other labor organization of its
employees, or from contributing financial or other support to Inde-
pendent Venetian Blina Workers Union, Inc., or any other labor
organization; from recognizing or dealing in any manner with Inde-
pendent Venetian Blind Workers Union, Inc., or any successor
thereto, or any group that purports to represent said organizations ;
or from forming or maintaining any groups or designating any indi-
viduals to act as the representative of the employees for the purposes
of collective bargaining respecting any terms or conditions of
employment.
2. Take the following affirmative action, which the Board finds will
effectuate the purposes and policies of the Act :
(a) Withdraw all recognition from Independent Venetian Blind
Workers Union, Inc., as the representative of its employees for the
purpose of dealing with the respondent concerning grievances, labor
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
disputes, wages, rates of pay, hours of employment or other conditions
of employment, and completely disestablish said Independent Venetian
Blind Workers Union, Inc., as such representative;
(b) Post immediately and keep posted for a period of at least sixty
(60) consecutive days from the date of posting, notices to its em-
ployees in conspicuous places throughout its Los Angeles plant, stating
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) of this Order;
(c) 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.