Little Rock Furniture Manufacturing Co.

In the Matter of LITTLE ROCK FURNITURE MANUFACTURING COMPANY and UNITED FURNITURE WORKERS OF AMERICA, AFFILIATED WITH THE C. 1. 0. Case No. C-1590.-Decided June 13, 1940 Furniture Manufacturing and Jobbing Industry-Settlement: stipulation and supplemental stipulation providing for compliance with the Act, including post- ing of notices, back pay, and reinstatement to enumerated employees and back pay to other enumerated employees ; complaint dismissed with respect to other employees-Order: entered on stipulation and agreement as supplemented and on the record. Mr. C. Paul Barker, for the Board. Mr. E. B. Par/ian, of Little Rock, Ark., for the respondent. Mr. Davis Spears, of Fort Smith, Ark., for the Union. Mr. S. 0. Lippman, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges 1 duly filed by United Furni- ture Workers of America, affiliated with the Congress of Industrial Organizations, a labor organization herein called the Union, the National Labor Relations Board, herein called the Board, by Charles H. Logan, Regional Director for the Fifteenth Region (New Orleans, Louisiana), issued its complaint dated March 15, 1940, against Little Rock Furniture Manufacturing Company, Little Rock, Arkansas, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- merce, 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, accompanied by notice of hearing, was duly served upon the respondent and upon the Union. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent, (1) on or about March 17, 1937, laid 1 There were two amended charges filed. The first amended charge was filed on November 29, 1939. Thereafter, on March 14, 1940, although not formally designated as such, a second amended charge was filed. 24 N. L. R. B., No. 66. 682 LITTLE ROCK FURNITURE MANUFACTURING COMPANY 683 off 10 named employees 2 for a period of from 1 day to 1 week, and terminated the employment of Earl Groom, John Merritt, and James Wilkerson, and on or about May 15, 1937, terminated the employment of Clifford Harrell, for the reason that the afore-mentioned employees and each of them had engaged in or attempted to engage in or were thought by the respondent to have engaged in concerted activity for the purpose of collective bargaining or other mutual aid and protec- tion; and that since said dates it has failed or refused to reinstate and to employ Earl Groom, John Merritt, James Wilkerson, and Clifford Harrell; (2) on or about January 11, 1939, discharged or laid off eight named employees 3 and has since said date failed or refused to reinstate them and to employ each of these employees, and on or about the same date laid off Frank Clark and C. B. Jones and refused to reinstate them until May 4, 1939, for the reason that they and each of them assisted the Union or engaged in other concerted activity for the purpose of collective bargaining or other mutual aid and protec- tion; (3) on or about January 27, 1939, terminated the employment of Homer Cheatham, Hubert Cheatham, and J. D. Henard, and on or about March 4, 1939, terminated the employment of S. E. Thomas and Walter E. Squires for the reason that they and each of them joined and assisted the Union or engaged in other concerted activity for the purpose of collective bargaining or other mutual aid and pro- tection, and since said dates it has failed or refused to reinstate and to employ each of the afore-mentioned employees; (4) on or about March 27, 1937, to the date of the issuance of the complaint on March 15, 1940, advised its employees on numerous and divers occasions that there would be no union in the plant, that the employees did not need a labor organization, that the employees who did not join the Union would have steady employment, that if the Union did not cease its attempts to organize none of the employees would have jobs, and that its employees should "keep their mouths shut" concerning the Union; (5) inquired of employees regarding membership in the Union in order to prevent employees joining the Union; (6) at various times and places enumerated in the complaint, spied on union meetings and near the homes of employees known to be interested in union affairs; and (7) by all of the acts above set forth and each of them and other acts and conduct, interfered with, restrained, and coerced and is inter- fering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act. On March 26, 1940, the respondent filed an answer which it later withdrew. Thereafter, on April 14, the respondent, the Union, and 2 Clifford Harrell, Calvin Lane, W. H. Shirley, J. E. Shirley, Oscar Whitfield, Hallie T. Shirley, Winfred Whitfield, Aaron Otts, Clifford Otts, Wayman Westerman. 3 Toliver Cullins, Charles Williams, Harley Squires, W. W. Smith, Bruno Haustein, Winfred J. Whitfield, Ray Grimes, Vollie Smith. 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD counsel for the Board entered into a stipulation and on April 17 into a supplemental stipulation in settlement of the case, subject to approval by the Board. The stipulation and agreement, as supplemented 4 provides, as follows : It is hereby stipulated and agreed by and between the Little Rock Furniture Manufacturing Company, Little Rock, Arkansas, herein referred to as the respondent, and the United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, herein referred to as the Union, and C. Paul Barker, attorney for the National Labor Relations Board, herein called the Board, as follows : 1. Respondent withdraws its answer filed in this proceeding. 2. Respondent admits the allegations of Paragraphs 1 through 4 inclusive, of the Complaint issued herein on the 15th day of March, 1940. 3. Respondent admits that in the years 1938 and 1939 the total value of all raw materials used in the manufacture of its products was in excess of $100,000.00 of which in excess of 40 percent in value was purchased in States of the United States other than the State of Arkansas and shipped to its plant at Little Rock, Arkansas from and through states of the United States other than the State of Arkansas. 4. Respondent admits that in the years 1938 and 1939 the total value of its finished products amounted to in excess of $600,000.00 of which in excess of 50% was sold and shipped to States of the United States other than the State of Arkansas. 5. Respondent admits that it is engaged in commerce within the meaning of Section 2, subsections (6) and (7) of the National Labor Relations Act. 6. The respondent admits the allegations of Paragraph 5 of the said complaint. 7. Respondent and the Union acknowledge that they have been duly served in accordance with the present Rules and Regulations of the Board, with a copy of the Amended Charge dated March 14, 1940, Complaint and Notice of Hearing in this matter, and by this Stipulation, and for the express purpose thereof and the order herein set forth each waives their respective rights to file any answer or further pleadings in this matter and waives the hearing provided for in the Notice of Hearing as issued, and all further Notices or Hearings with respect to said Complaint, to which they may be entitled under the present Rules and Regula- tions of the Board. 4 The supplemental stipulation provided among other things that wherever the name Winfred Whitfield appeared in the record , the record should be amended to set forth Winfred J. Whitfield. LITTLE ROCK FURNITURE MANUFACTURING COMPANY 685 8. Said Amended Charge, Complaint and Notice of Hearing and this Stipulation upon submission to the Chief Trial Examiner of the Board, shall constitute the entire record in this case and shall dispense with any further proceeding and close the record. 9. This Stipulation is made subject to the approval of the Board and upon such. approval shall become binding upon the parties hereto; all matters contained in the Amended Charge, and Com- plaint are finally disposed of in accordance with the terms of this Stipulation. If not so approved this Stipulation shall be without prejudice to any party. All waivers and admission of all parties hereto are made only for the purpose of this Stipulation and proceeding. 10. Upon the basis of the record and in accordance with this Stipulation the Board shall issue the following order : ORDER UPON THE BASIS OF TIIE STIPULATION AND THE RECORD , the National Labor Relations Board hereby orders that the respondent, the Little Rock Furniture Manufacturing Company, Little Rock, Arkansas, and its officers, agents, and successors and assigns, shall : 1. Refrain from : (a) Discouraging membership in the United Furniture Workers of America or any other labor organization of its employees by discharging any of its employees or in any other manner dis- criminating in regard.to their hire or tenure of employment or any term or condition of their employment. (b) In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their rights to self-organiza- tion, to form, join or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bar- gaining and other mutual aid and protection as guaranteed in Section 7 of the Act. 2. Take the following affirmative action : (a) Offer to the Employees listed in Appendix A and to each of them immediate and full reinstatement to their former or to substantially equivalent positions without prejudice to the seniority and other rights. and privileges. (b) Make whole the employees listed in Appendix B for any loss of pay they have suffered by reason of their respective dis- charges by payment to each of them the sum set opposite their name. (c) Post immediately in conspicuous places throughout its plant and keep posted for a period of at least sixty consecutive 686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD days from the date of posting, the Notice set forth in Appen- dix C. (d) Notify the Regional Director for the Fifteenth Region within ten days from the date of this Order what steps it has taken to comply herewith. And it is further ordered that the Complaint insofar as it alleges that the respondent engaged in unfair labor practices by discharging or refusing to reinstate or otherwise discriminating against Calvin Lane, W. H. Shirley, J. E. Shirley, Oscar Whit- field, Hallie T. Shirley, Aaron Otts, Clifford Otts, Wayman Wes- terman, Earl Groom, John Merritt, James Wilkerson, Hubert Cheatham, Frank Clark, C. B. Jones and, only as regards the lay-off of March 17th, 1937, Clifford Harrell, and Winfred J. Whitfield, be and the same hereby is, dismissed. 11. That the United States Circuit Court of Appeals for the Eighth Circuit at St. Louis, Missouri shall upon application therefor by the Board, enter a Decree in accordance with the Order stipulated in Paragraph 10 without further notice to the respondent. 12. The entire agreement between the parties hereto is con- tained within the terms of this Stipulation and there is no verbal agreement of any kind which varies, alters or adds to the terms of this Stipulation. On May 27, 1940, the Board issued an order approving the above stipulation and agreement, as supplemented, making it part of the record herein, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceedings to the Board for the purpose of entry of a decision and order by the Board. Upon the above stipulation and agreement and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, Little Rock Furniture Manufacturing Company, is an Arkansas corporation having its principal office and place of business in Little Rock, Arkansas. It is engaged in the manufacture, sale, distribution, and jobbing of household furniture, mattresses, and floor coverings, and in the course of its business maintains and operates a plant, storage facilities, warehouse, and salesroom at Little Rock. In 1938 and 1939, the total value of its finished products was in excess of $600,000. More than 50 per cent of these products were sold and shipped from Arkansas to States outside of that State. In that same LITTLE ROCK FURNITURE MANUFACTURING COMPANY 687 period, the total value of the respondent's raw materials used in the manufacture of its products was in excess of $100,000. More than 40 per cent in value of these materials was purchased in and shipped from States outside of Arkansas to the respondent's place of business in Arkansas. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and commerce among the several States.' II. THE ORGANIZATION INVOLVED United Furniture Workers of America, is a labor organization, within the meaning of Section 2 (5) of the Act, affiliated with the Congress of Industrial Organizations, a labor organization. ORDER Upon the basis of the above findings of fact, stipulation, and agree- ment, as supplemented, and the entire record in the case, and pur- suant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Little Rock Furniture Manufacturing Company, Little Rock, Ar- kansas, and its officers, agents, successors, and assigns, shall : 1. Refrain from : (a) Discouraging membership in United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees by discharging any of its employees or in any other manner discriminating in regard to their hire or tenure of employment or any term or condition of their employment; (b) In any other 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 con- certed activities, for the purposes of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action : (a) Offer to the employees listed in Appendix A, hereto attached and part hereof, and to each of them, immediate and full reinstate- ment to their former or to substantially equivalent positions without prejudice to their seniority and other rights and privileges; (b) Make whole the employees listed in Appendix B, hereto at- tached and part hereof, for any loss of pay they have suffered by "The respondent, as set forth in the stipulation above, admits that it is engaged in com- merce, within the meaning of Section 2 (6) and (7) of the Act. 688 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD reason of their respective discharges, by payment to each of them the sum set opposite their names in said appendix; (c) Post immediately in conspicuous places throughout its plant,. at Little Rock, Arkansas, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, the notice set. forth in Appendix C, hereto attached and part hereof; (d) Notify the Regional Director for the Fifteenth Region within ten (10) days from the date of this Order what steps it has taken W comply herewith. AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the respondent engaged in unfair labor practices by discharging, or refusing to reinstate or otherwise discriminating against Calvin Lane, W. H. Shirley, J. E. Shirley, Oscar Whitfield, Hallie T. Shir- ley, Aaron Otts, Clifford Otts, Wayman Westerman, Earl Groom,. John Merritt, James Wilkerson, Hubert Cheatham, Frank Clark, C.. B. Jones, and, only as regards the lay-off on March 17, 1937, Clifford Harrell and Winfred J. Whitfield, be, and the same hereby is, dismissed. APPENDIX A S. E. Thomas Charles Williams W. W. Smith J. D. Henard Vollie Smith Tolivar Cullins Winfred J. Whitfield . Clifford Harrell APPENDIX B S. E. Thomas ------------------------------------------- $244.00 W. W. Smith------------------------------------------- 77.50 Vollie Smith------------------------------------------- 193.50• Winfred J. Whitfield------------------------------------ 177.50 Charles Williams --------------------------------------- 178. 75 Bruno Haustein ----------------------------------------- 201.00 Harley Squires----------------------------------------- 254.00 Walter E. Squires --------------------------------------- 199.00 J. D. Henard ------------------------------------------- 225.00 Tolivar Cullins ----- ------------------------------------ 146.75 Ray Grimes -------------------------------------------- 203.00 Clifford Harrell----------------------------------------- 100.00 Homer Cheatham --------------------------------------- 300.00 APPENDIX C NOTICE To ALL EMPLOYEES ALL EMPLOYEES OF THIS COMPANY ARE FREE TO JOIN THE UNITED, FURNITURE WORKERS OF AMERICA OR ANY OTHER LABOR ORGANI- ZATION OF THEIR CHOICE WITHOUT INTERFERENCE OR COERCION FROM ANY SOURCE. LITTLE ROCK FURNITURE MANUFACTURING COMPANY 689 THE COMPANY WILL NOT ENCOURAGE OR DISCOURAGE MEMBER- SHIP IN THE UNITED FURNITURE WORKERS OF AMERICA OR ANY OTHER LABOR ORGANIZATION BY DISCRIMINATING AGAINST ANY EMPLOYEE IN ANY MANNER. THIS MEANS THAT SUBJECT TO THE PROVISO MENTIONED IN SEC- TION 8 (3) OF THE NATIONAL LABOR RELATIONS ACT, THIS COMPANY WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE BECAUSE HE IS A MEMBER OR IS NOT A MEMBER OF ANY LABOR ORGANIZATION. LrrrLE ROCK MANUFACTURING COMPANY) By