Gerling Furniture Manufacturing Co., Inc.

In the Matter of GERLINO FURNITURE MANUFACTURING COMPANY, INC. and UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL 1617 Case No. 0-722.-Decided November 25, 1938 Furniture Manufacturing Industry-Settlement : stipulation providing for reinstatement of employees-Order: entered on stipulation. Mr. William Logan Donnel, for the Board. Mr. Wilbur F. Pell, of Shelbyville, Ind., for the respondent. Mr. Carl A. Denney, and Mr. Floyd De Moss, of Shelbyville, Ind., for the Union. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Brother- hood of Carpenters & Joiners of America, Local 1617, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Eleventh Region (Indian- apolis, Indiana), issued its complaint dated May 20, 1938, against Gerling Furniture Manufacturing Company, Inc., Shelbyville, In- diana, 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 (3) and Section 2 (6) and (7), of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint and notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent terminated the employment of and refused to reinstate 8 named employees because they joined and assisted the Union and engaged in concerted activities with other employees of the respondent at its Shelbyville plant for the purpose of collective bargaining and other mutual aid and protection;, and that.the•respondent, by the aforesaid acts and by ' urging;persu'ading, 9 N. L. R. B., No. 107. 1189 1190 NATIONAL LABOR RELATIONS BOARD and warning its employees to refrain from joining the Union, and by threatening its employees with reprisals for joining the Union,, and by spying on union meetings, interfered with, restrained, and coerced its,employees in the exercise of the rights guaranteed in Sec- tion 7 of the Act. On May 24, 1938, the Regional Director granted the respondent an extension of time in which to answer the complaint. On May 26, 1938, the respondent filed its answer in which it admitted the material allegations concerning the nature and the scope of its busi- ness, but denied that it had engaged in unfair labor practices within the meaning of the Act, Pursuant to notice, a hearing was held on June 2, 3, 6, 7, and 8, 1938, at Shelbyville, Indiana, before Paul Davier, the Trial Ex- aminer duly designated by the Board. All parties were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. During the hearing the Trial Examiner, over the objection of counsel for the respondent, granted the motion made by counsel for the Board to amend the complaint so as to allege the discriminatory discharge of two additional employees. Durinig the hearing on June 6, 1938, the respondent, the Union, and counsel for the Board entered into a stipulation concerning the terms of a consent order which the Board could enter in the case upon its approval of the stipulation. This stipulation was received in evidence without objection. Thereupon the hearing was closed. During the course of the hearing the Trial Examiner made several rulings, in addition to those mentioned above, on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On June 23, 1938, the parties entered into a new stipulation which, in addition to the consent order contained in the prior stipulation, set forth facts concerning the nature and scope of the respondent's business. This stipulation provides as follows: It is hereby stipulated and agreed by and between the Gerling Furniture Mfg. Co., Inc., (hereafter referred to as the company) and William Logan Donnel, Attorney, Eleventh Region, Na- tional Labor Relations Board, for the purposes of the above entitled proceeding as follows : 1. The company is and has been since December 21, 1935, a corporation organized under and existing by virtue of the laws of the State of Indiana with its principal office located in the City of Shelbyville, Indiana. During the year 1936 it started DECISIONS AND ORDERS 1191 operation of a plant located in the City of Shelbyville, Indiana, and has since said date increased the number of its employees until, at its peak production, it employed about one hundred employees in said plant. 2. The company is engaged in the manufacture, sale and dis- tribution of furniture. 3. The raw materials used in the manufacturing operations of the company's plant are as follows : lumber, veneer, finishing materials, packing materials, hardware and upfitting materials. During the year 1937 the total cost of said materials amounted to approximately $150,000.00, of which approximately 80% were shipped to it from points and places outside the State of Indiana. 4. During the year 1937 the annual output of the company from this plant, in terms of dollars and cents, was approximately $204,000.00. Approximately 90% of its finished products were shipped from said plant located in the City of Shelbyville to customers outside the State of Indiana. 5. Most of the company's finished products are shipped direct to its customers by common carrier, either rail or independent truck operators. 6. The company employs salesmen upon a commission who travel throughout the United States receiving orders for goods produced by the company at the plant operated by it. It is further stipulated and agreed that either party hereto may introduce further or other testimony concerning any or all the matters herein stipulated. It is hereby further stipulated and agreed by and between the Gerling Furniture Mfg. Co. Inc., respondent herein, the United Brotherhood of Carpenters & Joiners of America, Local 1617, affiliated with the American Federation of Labor, com- plaining Union, and William Logan Donnel, Attorney, Eleventh Region, for the National Labor Relations Board (hereinafter called the Board) that upon the record herein and upon this stipulation, if approved by the Board, an order may be entered forthwith by said Board providing as follows: 1. Respondent, the Gerling Furniture Mfg. Co. Inc., shall cease and desist : (a) From in any manner interfering with, restraining or coercing its employees in the exercise of their rights to self-or- ganization, 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 bar- gaining or other mutual aid or protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act; 1192 NATIONAL LABOR RELATIONS BOARD (b) From discouraging membership in the United Brother- hood of Carpenters & Joiners. of America, Local 1617, or in any other labor organization of its employees: by discharging, threat- ening, laying off or refusing to recall or reinstate any of its employees for joining the United Brotherhood of Carpenters & Joiners of America, Local 1617, or any other labor organization of its employees; (c) From, in any manner, discriminating against any of its employees in regard to hire or tenure of employment or any terms or conditions of employment for joining said United Brotherhood of Carpenters & Joiners of America, Local 1617, or any other labor organization of its employees; 2. Respondent, the Gerling Furniture Mfg. Co. Inc., shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer to its employees hereinafter named, who were laid off or discharged upon the dates appearing after their several names, being H. B. Brown, November 27, 1937; William Henry, Decem- ber 2, 1937; William Baxter, December 15, 1937; Frank Cocker- ham, December 14, 1937; Bernard McDonald, December 15, 1937; Harold L. Mann, December 15,1937; John Phares, February 4, 1938; Esta Lightfoot, February 19, 1938; Frank Lightfoot, Feb- ruary 19, 1938, and Carl Bennett, March 7, 1938, immediate and full reinstatement to their former positions without prejudice to their seniority rights or any other rights and privileges pre- viously enjoyed by them; (b) Post and keep visible in conspicuous places about 'its said plant in the City of Shelbyville, County of Shelby and State of Indiana for a period of thirty (30) days after receipt, copies of a notice to be prepared by the Regional Director of the National Labor Relations Board for the Eleventh Region; (c) Inform said Regional Director of the National Labor Re- lations Board for the Eleventh Region, within ten (10) days of the approval of this stipulation by the National Labor Relations Board, of the manner in which said respondent has complied therewith. The respondent consents to the entry by any United States Circuit Court of Appeals of a decree enforcing an order of the National Labor Relations Board in the above form and waives its right to contest any application by the National Labor Relations Board for the entry of such decree; and further waives any and all requirements of notice of the filing of such application by the National Labor Relations Board before any United States Circuit Court of Appeals. DECISIONS AND ORDERS 1193 It is understood and is hereby further stipulated by and be- tween all the. parties hereto, that this stipulation shall be entered as an exhibit in the above entitled case, included as a part of the record thereof, is to supersede the Board's Exhibit No. 2 and the respondent's Exhibit No. 1 herein, and immediately upon the execution of this stipulation it is to be forwarded to the National Labor Relations Board by the Attorney for the Eleventh Region named herein, for said purposes. On June 30, 1938, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, an Indiana corporation, is engaged in the manu- facture, sale, and distribution of furniture, with its principal- office and place of business at Shelbyville, Indiana. In its operations, the respondent uses the following raw materials : Lumber, veneer, finish- ing materials, packing materials, hardware, and upfitting materials. During the year 1937 the total cost of such materials amounted to approximately $150,000, of which about 80 per cent were shipped to its plant from points outside the State of Indiana. During the same year, the finished products produced by the respondent amounted in value to about $204,000, of which approximately 90 per cent were shipped from the respondent's plant to points outside the State of Indiana. 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 above 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 Gerling Furniture Manufacturing Company, Inc., Shelbyville, Indiana, 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 1194 NATIONAL LABOR RELATIONS BOARD aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in the United Brotherhood of Car- penters & Joiners of America, Local 1617, or in any other labor organization of its employees by discharging, threatening, laying off, or refusing to recall or reinstate any of its employees for joining the United Brotherhood of Carpenters & Joiners of America, Local 1617, or any other labor organization of its employees; (c) In any manner, discriminating against any of its employees in regard to hire or tenure of employment or any terms or conditions of employment for joining said United Brotherhood of Carpenters & Joiners of America, Local 1617, or any other labor organization of its employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to its employees hereinafter named, who were laid off or discharged upon the dates appearing after their several names, being H. B. Brown, November 27, 1937; William Henry, December 2, 1937; William Baxter, December 15, 1937; Frank Cockerham, De- cember 14, 1937; Bernard McDonald, December 15, 1937; Harold L. Mann, December 15, 1937; John Phares, February 4, 1938; Esta, Lightfoot, February 19, 1938; Frank Lightfoot, February 19, 1938; and Carl Bennett, March 7, 1938, immediate and full reinstatement to their former positions without prejudice to their seniority rights or any other rights and privileges previously enjoyed by them; (b) Post and keep visible in conspicuous places about its said plant in the City of Shelbyville, County of Shelby and State of Indiana for a period of thirty (30) days after receipt, copies of a notice to be prepared by the Regional Director of the National Labor Relations Board for the Eleventh Region ; (c) Inform the said Regional Director of the National Labor Relations Board for the Eleventh Region, within ten (10) days of the approval of this stipulation by the National Labor Relations Board, of the manner in which the said respondent has complied therewith.