Gillespie Furniture Co.

In the Matter of GILLESPIE FURNITURE COMPANY and FIIRNITURE WORKERS UNION, LOCAL 1561 , UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA ,* A. F. OF L.1 Case No. C=1.152.Decided January) 11,, 1940 Furniture Manufacturing Industry-Settlement: stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Frank Mouritsen, for the Board. Mr. James S. Woollacott, of Los Angeles, Calif., for the respondent. Mr. A. H. Petersen and Mr. James F. Awbrey, both of Los Angeles, Calif., for the Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Furniture Work- ers Union, Local 1561, United Brotherhood of Carpenters and Joiners of America, 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, California), issued its complaint dated November 13, 1939, against Gillespie Furniture Com- pany; 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 and notice of hearing thereon were duly served upon the respondent, the Union, United Furniture Workers of America, Local 576, C. I. 0., Teamsters Union, A. F. L., Central Labor Council, and Los Angeles Industrial Union Council. The complaint alleged, in substance, (1) that although a majority of the respondent's employees in an appropriate unit had designated 1 Erroneously referred to as Furniture Workers Union, Local 1561, A. F. of L. in the pleadings . This was corrected by motion at the hearing. 19 N. L. R. B., No. 40. 350 GHJLESPSE' FURNITURE COMPANY 351 the Union as their representative for purposes of collective bargain- ing, the respondent, refused to bargain collectively with the Union ; (2) that the respondent increased the wages of its employees solely for the purpose of discouraging the employees from becoming mem- bers of the Union; and (3) that the respondent, by the above-men- tioned activities, and by urging, persuading, and warning its em- ployees to refrain from becoming or remaining members of the Union, and from attending union meetings, and by other acts, interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act. The respondent did not file an answer to the complaint. Pursuant to notice duly served upon the parties; a hearing was held on December 7, 1939, at Los Angeles, California, before James C. Batten, the Trial Examiner duly designated by the Board. The respondent, the Union, and the Board were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing upon the issues was afforded all parties. During the course of the hearing, the Trial Examiner received in evidence, without objection, a stipulation entered into by the re- spondent, the Union, and counsel for the Board in settlement of the case. This stipulation provides as follows : It is hereby stipulated and agreed by and between Gillespie Furniture Company, through its representative James S. Woolla- cott, and Furniture Workers Union, Local 1561, United Broth- erhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, through its representative, James F. Awbrey, and Frank A. Mouritsen, Attorney for the National Labor Relations Board, that : I. Gillespie Furniture Company, hereinafter called Respond- ent, is a corporation organized and existing by virtue of the laws of the State of California since the month of December, 1928. Respondent is engaged in the manufacture of wood furniture at its plant and principal place of business at 3011 East Pico Boule- vard, Los Angeles, California. In the course and conduct of its business, Respondent uses the following raw materials : lumber, glue, paint, glass and hardware. During 1938 the total value of its raw materials purchased was $215,000. Of this amount raw materials valued at $90,000 were shipped to the Los Angeles plant of Respondent from points outside the State of California. That during the year 1938 Respondent manufactured wood furniture valued at $735,394.00. Of this amount furniture valued at $131,603.32 was shipped to points outside of the State of Cali- 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD forma and the remainder was shipped to points within the State of California. Respondent is engaged in interstate commerce and is subject to the jurisdiction of the National Labor Relations Board. II. Furniture Workers Union, Local 1561, United Brotherhood of Carpenters and Joiners of America, affiliated with the Amer- ican Federation of Labor, hereinafter referred to as the Union, is a labor organization as defined in Section 2, subdivision (5) of the National Labor Relations Act. III. A unit for purposes of collective bargaining composed of all production employees at Respondent's Los Angeles plant, ex- clusive of supervisors, office and clerical employees, salesmen, watchmen, and teamsters is a unit appropriate for the purposes of collective bargaining. During the month of May, 1939, there were approximately 167 employees within said unit. IV. On or about May 1, 1939, representatives of the Union met with Forrest Gillespie, President of Respondent, and requested that he negotiate with them as representatives of respondent's employees. Gillespie referred said Union representatives to James S. Woollacott and Robert F. Chapman and informed said Union representatives that negotiations were to be carried on with the men named. On or about May 2, 1939, Union representatives met with James S. Woollacott and Robert F. Chapman and informed said Woollacott and Chapman that they represented a majority of the production employees of respondent and requested that said Woollacott and Chapman, as representatives of Respondent, enter into negotiations with them relative to wages, hours and working conditions for the production employees of respondent. At that time the representatives of the Union offered to show to Woolla- -cott and Chapman 137 authorization cards signed between April 20, and May 1, 1939, by production employees of Respondent designating the Union as bargaining agent for said production employees. One of the cards which the Union representatives offered to show to Woollacott and Chapman is attached hereto and marked Exhibit "A".2 Said Chapman and Woollacott did not question the fact that the Union represented a majority of the production employees of Respondent at that time. On or about May 5, 1939, representatives of the Union pre- sented a proposed contract to said Chapman and Woollacott to be used as a basis for negotiations. A copy of said proposal is attached hereto and marked Exhibit "B ".2 On or about May 2 This exhibit is in the record and need not be set forth in the Decision. GILLESPIE FURNITURE 00\I1PAN'Y 353 8, 10, 12, 16 and 26, 1939, Union representatives requested of Chapman and Woollacott a conference for negotiations upon their proposal or a counter proposal of Respondent. • On or about May 26, 1939, Chapman and Woollacott informed Union representatives that Respondent would not bargain with the Union until the said Union had been certified by the National Labor Relations Board as exclusive bargaining agent of the^ pro- duction employees of Respondent. Respondent's position as indicated above has been maintained from May 26, 1939 until the present time. Since May 26, 1939 the Union representatives from time to time have again offered to show to representatives of Respondent authorization cards signed by a majority of production employees. within the unit outlined in Section III hereof, designating the Union as exclusive collective bargaining-agent of said production employees. V. The National Labor Relations Board may make appropriate findings and without further notice to the parties enter its Order upon the facts herein stipulated. VI. Such Order shall be in the following form : Gillespie Furniture Company, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Refusing to bargain collectively with Furniture Workers Union, Local 1561, United Brotherhood of Carpenters. and Joiners of America, AFL, as the exclusive representative of their production employees, excluding supervisors, office and clerical employees, salesmen, watchmen, and teamsters ; (b) In any other manner interfering with, re'st'raining, or coercing their employees, and the employees of each of them, in the exercise of their rights to self-organization, to form, join,. or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, or to engage in concerted ac- tivities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds, will effectuate the policies of the Act : (a) Upon request, bargain collectively with Furniture Workers. Union, Local 1561, United Brotherhood of Carpenters and Joiners of America, AFL, as the exclusive representative of their production employees, exclusive of supervisors, office and clerical. employees, salesmen, watchmen, and teamsters, with respect to 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rates of pay, hours of employment, and other conditions of em- ployment, and, if an understanding is reached on any such mat- ters, embody said understanding in an agreement signed by the Respondent and the Union for a definite term; (b) Post immediately in conspicuous places in and about their plant notices to their employees, and maintain said notices for a period of at least sixty (60) consecutive days from the date of the posting, stating that the Respondent will cease and desist in the manner set forth in paragraphs 1 (a) and (b), and that they will take the affirmative action set forth in paragraph 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 the Board's approval of this Stipulation, of the .acts Respondent has taken to comply therewith. VII. Respondent consents, without further notice, to the entry of a decree of the Ninth Circuit Court of Appeals based on the Board's Order in this matter. VIII. This Stipulation is subject to the approval of the Na- tional Labor Relations Board. IX. All matters stipulated and agreed to are contained within the terms of this Stipulation, and there is no verbal agreement of any kind which varies, alters,. or adds to the Stipulation. On December 26, 1939, the Board issued its order approving the above stipulation, making it part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said 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 Gillespie Furniture Company, a California corporation having its plant and principal place of business at Los Angeles, California, is engaged in the manufacture and sale of wood furniture. The prin- cipal raw materials used by the respondent are lumber, glue, paint, glass, and hardware. During 1938 the respondent purchased $215,000 worth of such raw materials. Of this amount, raw materials valued at $90,000 were shipped to the respondent from points outside the State of California. During 1938 the respondent manufactured furniture GTLLESPIE FURNITURE COMPANY 355 valued at $735,394. Of this -amount, furniture valued at $131,603.32 was shipped by the respondent to points outside the State of Cali- fornia. The respondent admits that it is engaged in interstate commerce. We find that the above-described operations' of the respondent con- stitute. 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Gillespie Furniture Company, Los Angeles, Cali- fornia, and its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Refusing to bargain collectively with Furniture Workers Union, Local 1561, United Brotherhood of Carpenters and Joiners of America, A. F. of L., as the exclusive representative of their pro- duction employees, excluding supervisors, office and clerical employees, salesmen, watchmen, and teamsters; (b) In any other manner interfering with, restraining, or coercing their employees, and the employees of each of them, in the exercise of their rights to self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own .choosing, or to engage in concerted activities for the purpose of col- lective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon request, bargain collectively with Furniture Workers Union, Local 1561, United Brotherhood of Carpenters and Joiners of America, A. F. of L., as the exclusive representative of their pro- duction employees, exclusive of supervisors, office and clerical em- ployees, salesmen, watchmen, and teamsters, with respect to rates of pay, hours of employment, and other conditions of employment, and, if an understanding is reached on any such matters, embody said understanding in an agreement signed by the Respondent and the Union fora definite term; (b) Post immediately in conspicuous places in and about their plant notices to their employees, and maintain said notices for a period of at least sixty (60) consecutive days from the date of the posting, stating that the Respondent will cease and desist in the manner set forth in paragraphs 1 (a) and (b), and that they will take the affirmative action set forth in paragraph 2 (a) of this Order; 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Notify the Regional Director for the Twenty-first Region in writing within ten (10) days from the date of this Order, of the acts respondent has taken to comply herewith.3 3 This provision contemplates action by the respondent subsequent to the .issuance of the Order rather than subsequent to the approval of the stipulation by the Board, as indicated in the stipulation. If such action, however, has already been taken by the respondent, this provision shall not be deemed to require repetition thereof.