Rosa-Lee Manufacturing Company, Inc.

In the Matter of ROSA-LEE MANUFACTURING COMPANY, INC. and' INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL No. 266,_ UNAFFILIATED Case No. C-1330.-Decided August 21, 1939 Apron Manufacturing Industry-Settlement : stipulation providing for comm- pliance with Act; including reinstatement and back pay-Order: entered on, stipulation. Cllr. David Sokol, for the Board. Mr. George A. Elstein, of Los Angeles, Calif., for the respondent.._ Alice Ingraham, of Los Angeles, Calif., for the Union. Mr. Richard A. Williams, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Ladies' Garment Workers' Union, Local No. 266, herein called the Union,' the National Labor Relations Board, herein called the Board, by its Regional Director for the Twenty-first Region (Los. Angeles, California), issued its complaint dated June 22, 1939,.- against Rosa-Lee Manufacturing Company, Inc., 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. A. copy of the complaint and notice of hearing thereon was duly served' upon the respondent and the Union. The respondent did not file an answer to the complaint. 1 The Union's name appears as "International Ladies' Garment Workers' Union, Local, No. 266, C. I. 0." in the charge, the amended charge, and second amended charge; as= "International Ladies'. Garment Workers' Union, Local No. 266, Unaffiliated" in the third amended charge and the complaint ; and as both "International Ladies' Garment Workers' Union, Local No. 266, Unaffiliated" and "International Ladies' Garment Work- ers' Union, Local No. 266" In the. agreement. for settlement herein. Since the agree- ment for settlement was signed "International Ladies' Garment Workers' Union, Local, No. 266.. " that designation will be used for the purpose of the Board's Decision and Order herein. 14 N. L. R. B., No. 66. 853 :854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Concerning the unfair labor practices the complaint alleged, in substance, that the respondent discharged and refused to reinstate three named persons because they joined and assisted the Union and engaged in other concerted activities for their mutual aid and pro- tection; and that the respondent by the aforesaid activities and by urging, persuading, and warning its employees to refrain from be- ,coming members of the Union, by threatening its employees with discharge if they became or remained members of the Union, and by other acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On June 28, 1939, the respondent, the Union, and counsel for the Board entered into an agreement for settlement 2 of the case. This :agreement for settlement provides as follows : AGREEMENT FOR SETTLEMENT It is hereby agreed by and between the Roa-Lee [Sic] Manu- facturing Company, Inc., hereinafter referred to as Respondent, the International Ladies' Garment Workers' Union, Local No. 266, hereinafter referred to as the Union, and David Sokol, At- torney for the National Labor Relations Board; That the Respondent is a Corporation 'organized and existing under and by virtue of the laws of California since 1935. That its plant is located at .224 East 11th Street, Los Angeles, Cali- fornia, and that Respondent is engaged in the manufacture of ladies aprons. That during the year 1937, the total sales of Respondent were $71,014.63; that of this total, $10,004.70 were sales made outside the State of California to other states of the United States. That for the period January 1, 1938, to June 30, 1938, the total sales of Respondent amounted to $26,028.75, and that of this amount, $6,543.81 were sales made outside the State of California to other states of the United States ; that of said sales made in 1938, approximately 25 percent were sales made outside the State of California to other states of the United States and that since said June 30, 1938, to the date hereof, the sales made outside the State of California by Re- spondent are approximately in the same percentage (257o). That during the year 1937, Respondent purchased raw materials used in its manufacture amounting to $46,967.02, included cot- ton, rubberized yardage, thread and buttons. That from Janu- ary 1, 1938, to June 30, 1938, Respondent purchased $11,437.20 of said raw materials and that the percentage of raw materials purchased outside the State of California during said six 2 The words "agreement for settlement" and "stipulation " are used interchangeably as having the same meaning herein. ROSA-LEE MANUFACTURING COMPANY, INCORPORATED 855 months period, January 1, 1938, to June 30, 1938, was approxi- mately 98 percent. That the percentage of raw materials pur- chased outside the State of California since June 30, 1938, is in approximately the same percentage (987o). It is further stipulated that the International Ladies' Gar- ment Workers' Union, Local No. 266, Unaffiliated, is a labor organization within the meaning of Section 2 (5) of the Act. It is further stipulated that said Respondent and said Union waive their right to a hearing set forth in Section 10, subsec- tions (b) and (c) of the Act, and the taking of testimony or evidence before an Examiner or the National Labor Relations Board in this matter concerning the charge and amended charges and allegations in the complaint herein, and said Respondent and Union waive the making of findings of fact and conclusions of law by the Board herein. The parties hereto consent that the National Labor Relations Board may, upon the pleadings herein and upon this stipula- tion, enter an order to the following effect, such, order having the same force and effect as if made by the National Labor Re- lations Board after hearing, the taking of evidence, and the making of findings of fact and conclusions of law by the Board : Without admitting that it has violated the National Labor Relations Act, Rosa-Lee Manufacturing Company, Inc., the Re- spondent herein, its officers, agents, successors and assigns shall: 1. Cease and desist from in any manner interfering with, restraining and coercing its employees in the exercise of their rights of self organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the pur- pose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act, and in any manner from interfering with, restraining or coercing members,, officers or agents of the International Ladies' Garment Workers' Union, and/or its locals. . . 2. Cease' and desist from discouraging membership in the International Ladies' Garment Workers' Union, Local No. 266, or any other labor organization of its employees, or discriminat- ing against 'employees in regard to hire or tenure of employ- ment, or any condition of employment, or in any other manner. That the Respondent shall take the following affirmative action in order to effectuate the policies of the National Labor Relations Act: (a) Offer to Ann Morales, Pauline Tranes and Lucy Salas reinstatement to their employment without prejudice to their seniority if any, and all other rights and privileges. 190935-40-vol. 14-55 856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Pay to said Ann Morales, Pauline Tranes and Lucy Salas and each of them for loss of pay suffered, the sum of $100., which sum is in full settlement of the amount that each would have earned as wages from the dates of their respective dis- charges to said date of payment. (c) Post in each department of Respondent's plant for a period of sixty (60) days from the date of the approval of this stipulation by the National Labor Relations Board, copies of the Order to be entered by.the National Labor Relations Board. Respondent agrees that thereafter it will notify the Regional Director for the Twenty-first Region, of compliance with the foregoing ,Order within ten (10) days after the receipt of the Board's Order. The parties hereto stipulate and consent to the entry of a decree by the United States Circuit Court of Appeals for the Ninth Circuit enforcing the above Order of the Board. provided for herein, and the parties hereto,waive further notice of appli- cation therefor by the Board. It is understood and agreed that the entire agreement between the parties hereto is contained within the terms of the stipula- tion herein, and that there, is no verbal agreement of any kind which varies, alters or adds to this stipulation other than as follows: (a) It is agreed between the parties hereto that, upon compliance by the Respondent with the Board's order herein, said union will withdraw any and all charges against Respond- ent with respect to Opal Alvarez, and agrees that said Opal Alvarez need not be reinstated, and will withdraw any and all charges of violation of Section 8, subsection (5) of the Act; and (b) That the reinstatement of Ann Morales, Pauline Tranes, and Lucy Salas, herein referred to, will be subject to the condi- tion set forth in Exhibit A attached hereto and made a part hereof. It being further understood that this agreement -is subject to the approval of the National Labor Relations Board and that upon approval by the Board this stipulation, together with the Complaint and Charges and Amended Charges herein, shall be filed with the Chief Trial Examiner of the. National Labor Relations Board at Washington, D. C., as the formal record herein. ROSA-LEE MANUFACTURING COMPANY, INCORPORATED 857 EXHIBIT A Los ANGELES, CALIFORNIA, June 3rd, 1939. NATIONAL LABOR RELATIONS BOARD, Room 808 U. S. Postofice and Courthouse Bldg., Los Angeles, California, and, ROSA LEE MANUFACTURING COMPANY, 2204 East Eleventh Street, Los Angeles, California. In re : XXI-C-677-Rosa Lee Manufacturing Company GENTLEMEN: This letter is written in duplicate in regard to the complaints against the Rosa Lee Manufacturing Company. It is our understanding that as a compromise and without any admission of violation of any provisions of the National Labor Relations Act the Rosa Lee Manufacturing Company will offer reinstatement to the following persons under the following stated circumstances- 1st: Anna Morales, who was formerly an inspector, will be given an opportunity to return to work as an apprentice oper- ator provided that she gets a Permit to work and receive a salary as an apprentice operator. 2nd: Pauline Tranes shall be offered a position as an appren- tice single needle operator provided that she secures a Permit to work and receive a salary as an apprentice single needle oper- ator. However, in the event that she does any five needle machine work she shall receive the compensation that she for- merly received for such work done on a five needle machine. 3rd: Lucy Salas shall be reinstated to the position of a presser for a period of two weeks and if, at the end of said period, it be shown that she has not pressed a satisfactory quan- tity or quality of work she shall be offered a position as an apprentice operator, provided that she secures a Permit to work and receive a salary as an apprentice operator. It is understood that at the present time the Rosa Lee Manufacturing Company has three pressers, one of. whom works at all times that the factory is operated and the other two share and share alike the remainder of the work. It is understood that the Rosa Lee Manufacturing Company will cease employing one of these two pressers'and that the said Lucy Sallas shall have the position of such employee and be entitled to share in the work to the same extent as the aforesaid released employee would have been entitled, subject, however, to the condition hereinabove stated as to the trial period. 4th: Opal Alvarez will not be reinstated. 858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It is further our understanding that all of the reinstated employees are subject to discharge for cause. The above arrangement regarding the terms of the settlement is accepted and agreed to by the International Ladies' Gar- ment Workers' Union, and is to be read in connection with formal Agreement for Settlement to be entered into in connec- tion with Case No. XXI-(-677 before the National Labor Rela- tions Board. Sincerely yours, INTERNATIONAL LADIES' GARMENT WORKERS' UNION, By (S) ALICE INGRAHAM. On July 18, 1939, the Board issued its order approving the above agreement for settlement, making it a part of the record in the case and transferring,the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provi- sions of the agreement for settlement. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, Rosa-Lee Manufacturing Company, Inc., a Cali- fornia corporation , with its plant located in Los Angeles , California, is engaged in the manufacture of ladies' aprons. The raw materials used by the respondent in its manufacturing operations include cot- ton, rubberized yardage, thread, and buttons . During the year of 1937, the raw materials purchased by the respondent amounted to $46,967. From January 1, 1938, to June 30, 1938, the respondent purchased $11,437 worth of said raw materials of which approxi- mately 98 per cent were purchased . from points outside the State of California. Since June 30, 1938, some 98 per cent of the said raw materials have been purchased from points outside the State of Cali- fornia. During the year of 1937, the respondent made sales totaling $71,014, of which sales $10 ,004 were made to points outside the State of California . From January 1, 1938, to June 30 , 1938, the respondent's sales totaled $26,028 and $6,543 of this total, or 25 per cent of these sales, represented sales made to points outside the State of 'California. Since June 30, 1938, to the date the above-mentioned agreement ' for settlement was signed , approximately 25 per cent of the-- respondent's sales were made to points outside the State of California: We fiIid'that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the. several States. ROSA-LEE MANUFACTURING COMPANY, INCORPORATED 859 ORDER Upon the basis of the above findings of fact, agreement for set- tlement, 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 Rosa-Lee Manufacturing Com- pany, Inc., Los Angeles, California, its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, and coercing its employees in the exercise of their rights of self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in con- certed activities, for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the Act, and in any manner, from interfering with, restraining, or coercing mem- bers, officers or agents of the International Ladies' Garment Work- ers' Union and/or its locals; (b) Discouraging membership in the International Ladies' Gar- ment Workers' Union, Local No. 266, or any other labor organization of its employees, or discriminating against employees in regard to hire or tenure of employment, or any condition of employment, or in any other manner. 2. Take the following affirmative action which the Board finds will effectuate the policies of the National Labor Relations Act : (a) Offer to Ann Morales, Pauline Tranes, and Lucy Salas re- instatement to their employment without prejudice to their senior- ity, if any, and all other rights and privileges; (b) Pay to said Ann Morales, Pauline Tranes, and Lucy Salas and each of them for loss of pay suffered, the sum of $100, which sum is in full settlement of the amount that each would have earned as wages from the dates of their respective discharges to said date of payment; (c) Post in each department of respondent's plant for a period of sixty (60) days from the date of the approval of this stipulation by the National Labor Relations Board, copies of the Order to be entered by the National Labor Relations Board.