The Columbia Mills, Inc.

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.