Maurice Holman, Inc.

In the Matter Of MAURICE HOLMAN, INC. and INTERNATIONAL LADIES' GARMENT WORKERS' UNION, UNAFFILIATED Case No. C-1418.-Decided December 11, 1939 Knit Goods Manufacturing Industry-Settlement : Agreement for settlement providing for compliance with the Act, including reinstatement of two em- ployees-Order : entered on agreement for settlement. Mr. David Sokol, for the Board. Mr. Samuel H. Robinson, of Los Angeles, Calif., for the respondent. Mr. Willard Young Morris, of counsel to the Board. DECISION AND ORDER STATEMENT OF TILE CASE Upon charges and amended charges duly filed by International Ladies' Garment Workers' Union, herein called the Union, the Na- tional Labor Relations Board, herein called the Board, by the Re- gional Director for the Twenty-first Region (Los Angeles, California), issued its complaint dated October 9, 1939, against Maurice Holman, Inc., 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 (3) 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. On October 31, 1939, the Board; by its Regional Director, issued its amended com- plaint, copies of which were duly served upon the respondent and the Union. Concerning the unfair labor practices, the amended complaint al- leged in substance : (1) that the respondent on July 31 and September 11, 1937, respectively, discriminatorily discharged Sarah Lomas and Gussie Mark and thereafter refused to reinstate them because they had joined and assisted the Union and engaged in concerted activity with other employees for their mutual aid and protection, thereby dis- couraging membership in the Union; and (2) that by the above acts, by carrying on a campaign against the Union since July 1937, by in- 18 N. L. R. B., No. 37. 241 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD forming its employees that the plant would close if they joined the Union, by advising employees singly and in groups against union activity, and by other acts, the respondent had interfered with, re- strained, and coerced its employees in the exercise of the rights guar- anteed in Section 7 of the Act. The respondent filed an answer which was subsequently amended, in which it denied that it had engaged in or was engaging in the unfair labor practices alleged in the amended complaint. On November 6, 1939, the respondent and counsel for the Board entered into an agreement in settlement of the case. This agreement provides as follows : AGREEMENT FOR SETTLEMENT It is hereby agreed by and between Maurice Holman, Inc., here- inafter referred to as Respondent, and David Sokol, Attorney for the National Labor Relations Board : That the Respondent is a Corporation organized and existing under and by virtue of the laws of California, having its prin- cipal office and place of business at 834 South Broadway, Los Angeles, California, and that Respondent is engaged in the manu- facture of knit goods. That in said manufacture the following raw materials are used; buttons, zippers, wool, yarn and cotton. That during the year 1937 the total sales of Respondent were $458,000; that of this total, 20% were made outside the State of California to other states of the United States, such products be- ing shipped to other states by means of rail, truck and boat. That sales of Respondent during 1938 and during 1939 up to the date of this stipulation are in approximately the same amount out- side of the State of California, to-wit, 20%. That during the year 1937 Respondent purchased yarn amounting to approxi- mately $200,000, of which total 25% was purchased outside the State of California and brought into the State of California by means of rail, truck and boat. That the purchase of yarn outside the State of California during the year 1938 and during 1939 to the date of this agreement is in the same percentage, to-wit 25%. It is further stipulated that the International Ladies' Garment Workers' Union, Unaffiliated, is a labor organization within the meaning of Section 2 (5) of the Act. It is further stipulated that said Respondent waives its right to a hearing set forth in Section 10, subsections (b) and (c) of the Act, and the taking of testimony or evidence before an Examiner or [sic] the National Labor Relations Board in this matter con- cerning the charge and amended charges and allegations in the amended complaint herein, and said Respondent waives the mak- MAURWE HOLMAN, INCORPORATED 243 ing 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 stipulation, enter an order to the following effect, such order having the same force and effect as if made by the National Labor Relations Board after hearing, the taking of evidence, and the making of findings of fact and conclusions of law by the Board : The Respondent herein, its officers, agents, successors and assigns shall : 1. Refrain 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 organizations, to bar- gain 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, and in any manner from interfering with, restraining or coercing members, officers or agents of the Inter- national Ladies' Garment Workers' Union, and/or its locals. 2. Refrain from discouraging membership in the International Ladies' Garment Workers' Union, 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. That the Respondent shall take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : (a) Offer to Sarah Lomas and Gussie Mark reinstatement to their employment without prejudice to their seniority, if any, and all other rights and privileges. (b) Post in each department of Respondent's plant for a period of sixty (60) days from the date of the receipt of a copy of the order of the National Labor Relations Board herein, copies of said order. 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 de- cree 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 application therefor by the Board. It is understood and agreed that the entire agreement between the parties hereto is contained within the terms of the stipulation 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD herein, and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation. 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, amended 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. On November 21, 1939, the Board issued an order approving the above "Agreement for Settlement," making it a part of the record in the case, and transferring and continuing the case before the Board for the purpose of entry of a decision and order pursuant to the pro- visions of the "Agreement for Settlement." Upon the basis of the "Agreement for Settlement" 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 California corporation, having its principal office and place of business in Los Angeles, California. It is engaged in the manufacture and sale of knit goods. In 1937 the respondent's total sales amounted to $458,000, of which 20 per cent represented finished products shipped to points outside the State of California. In 1938 and 1939 the respondent sold and shipped a similar propor- tion of its products to points outside the State of California. The raw materials used by the respondent in its manufacture are buttons, zippers, wool, yarn, and cotton. In 1937 the respondent purchased ap- proximately $200,000 worth of yarn, of which 25 per cent represented yarn purchased outside California and shipped into California. The respondent's purchases of yarn outside the State of California in 1938 and 1939 have been in similar proportion. ORDER Upon the basis of the above findings of fact, agreement for settle- ment, 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 Maurice Holman, Inc., Los Angeles, Cali- fornia, its officers, agents, successors, and assigns shall : 1. Refrain from : (a) In any manner interfering with, restraining, and coercing its employees in the exercise of their rights to self-organization, to form, MAUI CE HOLMAN, INCORPORATED 245 join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Rela- tions Act, and in any manner from interfering with, restraining, or coercing members, officers, or agents of the International Ladies' Gar- ment Workers' Union and/or its locals; (b) Discouraging membership in the International Ladies' Garment Workers' Union, or any other labor organization of its employees, or discriminating against employees in regard to hire or tenure of employ- ment, or any condition of employment, or in any other manner. 2. Take the following affirmative action in order to effectuate the policies of the Act : (a) Offer to Sarah Lomas and Gussie Mark reinstatement to their employment without prejudice to their seniority, if any, and all other rights and privileges; (b) Post in each department of the respondent's plant copies of this Order for a period of at least sixty (60) days from the date of receipt thereof.