Inland Manufacturing Co.

In the Matter Of INLAND MANUFACTURING COMPANY and UNITED FURNITURE WORKERS OF AMERICA LOCAL #262 and Box MAKERS' UNION LOCAL 1137, BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA PARTY TO THE CONTRACT Case No. C-1642.-Decided August 14, 1940 Jurisdiction : lumber products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Order: entered on stipulation. Mr. Earle K. Shawe, for the Board. Mr."S. E. McGaw, of Oakland, Calif., for the respondent. Mr. Howard L. Custer, of San Francisco, Calif., for the Union. Mr. Charles J. Janigian, of San Francisco, Calif., for Local 1137. Mr. Milton E. Harris, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by United Furniture Workers of America, Local #262, herein called the United, the National Labor Rela- tions Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, California), issued its com- plaint dated June 28, 1940, against Inland Manufacturing Company, Oakland, California, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce, within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint, containing a notice of hearing, was duly served on the respondent, on the United, on Box Makers' Union Local 1137, Brotherhood of Carpenters and Joiners of America, herein called Local 1137, on Charles J. Janigian, as counsel for California State Federation of Labor, and on Charles W. Hope, as labor consultant. With respect to the unfair labor practices, the complaint alleged in substance that the respondent (1) since on or about January 15, 1940, sought to induce its employees to refrain from becoming or remaining members of the United and to become members of Local 26 N. L. R. B., No. 60. 560 INLAND MANUFACTURING COMPANY 561 1137, and on or about March 1, 1940, entered into a closed-shop agreement with Local 1137 and at all times thereafter performed the terms thereof, although Local 1137 was then a labor organization established, maintained, and assisted by the respondent's unfair labor practices; (2) on January 19, 1940, and at all times ' there- after, 'refused to bargain collectively with the United, although the United at such times was the exclusive representative of the respondent's employees in a unit appropriate for the purposes of collective bargaining; (3) discharged Herbert Heihn, Edgar Heihn, Gene Fredenberg, and Walter Nicholson, because they were not members of Local, 1137 but were members of the United or had applied for membership therein; and (4) by each of the aforesaid acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act.' On July 10, 1940, prior to a bearing, the respondent, the United, Local 1137, and an attorney for the Board entered into a stipula- tion, subject to the approval of the Board, in settlement of the case. This stipulation provided as follows: IT IS HEREBY STIPULATED AND AGREED by and between the In- land Manufacturing' Company (hereinafter called the respond- ent), by S. E. McGaw, its Vice President; United Furniture Workers of America, Local #262 (hereinafter called Local 262), by Howard L. Custer, its general representative; Box Makers' Union Local 1137, Brotherhood of Carpenters and Joiners of America (hereinafter called Local 1137), by Charles J. Janigian, its at- torney, and Earle K. Shawe, attorney, National Labor Relations Board,- as follows: I I Respondent is a corporation organized and existing under the laws of the State of California, having its principal office and ,place of 'business in the City of Oakland, County of Alameda, State of California, hereinafter called the Oakland Plant, and is engaged in the manufacture , sale and distribution of sporting goods, ladders, bottle crates and other lumber products. During the year 1938, raw materials purchased and used by the respondent at the Oakland Plant amounted to approximately $29,930.00, of which amount approximately $9,103.00 represents the cost of raw materials purchased by the respondent ' and shipped to the Oakland Plant from points outside the 'State of California . During the same period, , respondent sold sporting goods, ladders, bottle crates and other lumber prod ucts ,amounting to approximately $70,378.00 , of which amount approximately $5,121 .00 represents the value of goods which respondent sold ,and shipped 'to.points outside the -State of California 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD During the year 1939, raw materials purchased and used by the respondent at the Oakland Plant amounted to approximately $28,317.00, of which amount approximately $7,744.00 represents, the cost of raw materials purchased by the respondent and shipped to the Oakland Plant from points outside the State of California. During the same period respondent sold sporting goods; ladders, bottle crates and other lumber products amount- ing to approximately $68,389.00, of which amount approximately $5,525.91 represents the value of goods which respondent sold and shipped to points outside the State of California. • For the sole purpose of this proceeding, and for no other pur- poses, and not otherwise, and not generally, respondent stipulates to the above, facts and admits that it is engaged in commerce within the, meaning of Section, 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. II Box Makers' Union Local 1137, Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section ;2,(5) pf, the Act. III United Furniture Workers of America, Local #262, affiliated with the Congress of Industrial Organizations, is a labor organ- ization within- the meaning of Section 2 (5) of the Act. IV All of the parties hereto, and each of them, hereby waive their right to file an answer to the complaint of the National Labor Relations Board filed herein, and their right to a hearing and to appear :in person or otherwise and to give testimony and examine or cross-examine witnesses' (as provided in Section 10 (b) of the National-Labor -Relations Act and,in National Labor Relations Board Rules and Regulations, Series 2, as amended); and all the parties hereto, and each of them, hereby waive the making of findings •of fact and conclusions of law by the 'National Labor Relations Board; and all the parties hereto, and each of them, agree that the formal papers in this proceeding, including the Second Amended Charge, Complaint and Notice of Hearing, Affi- davit of Service of Complaint and Notice of Hearing, copy of ,Rules and Regulations- of the -National Labor Relations Board, Series -2,, as amended, and this Stipulation, and nothing else, shall constitute the entire record -in this case, and shall dispense with the necessity for the hearing referred to in said Complaint. and INLAND' MANUFACTURING COMPANY • 563 Notice of Hearing and as provided in Section 10 (b) and *(c) of the National Labor Relations Act. This waiver and agreement is expressly conditioned upon the approval of this Stipulation by the National Labor Relations Board: -It is agreed that this Stipulation and the formal papers in this proceeding, as above described, shall be filed with the National Labor Relations Board in-Washington, D. C., by filing the, same with the Chief Trial Examiner of said Board. V, Without admitting that the unfair labor practices alleged'iri the Complaint or referred to in the form of Order set forth below have been committed by any of the parties hereto, and expressly on the understanding that nothing contained in this Stipulation or in the Order or Decree provided for herein shall be construed as an admission or finding, express or implied, that any such un- fair labor practices have been committed by 'any of the parties hereto, the parties join in this Stipulation to the end that this matter may be amicably and promptly settled. 'Therefore, to this end, upon the record herein, and upon this Stipulation, if and when approved by the National Labor Relations B'oard,; an Order may forthwith be entered by said Board, providing as follows: 1. Respondent, Inland Manufacturing Company, shall "cease and desist from: (a) Discouraging or encouraging membership in' 'any labor organization of their employees by discharging, demoting or re- fusing to reinstate any of their employees or in any manner dis- criminating with regard to their hire or tenure of employment or any term or condition' thereof because or on account of their membership in, activity on behalf of or sympathy toward any such labor organization; (b) In any manner interfering with, restraining or coercing their employees, or any of them, in the exercise, of the right to self-organization, to form, join or assist labor organizations; to bargain 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 National Labor Relations Act; (c) Urging, persuading or warning its employees, or any of them, or in any manner influencing' or attempting to influence said employees to refrain from becoming or remaining members of United Furniture Workers of America, Local #262, or any other labor organization of its employees, and from threatening said employees with discharge or other reprisals if they become 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or remain members of the said United Furniture Workers of America, Local #262; (d) Giving effect to any and all contracts in existence between the respondent and Local 1137. 2. Respondent, Inland Manufacturing Company, shall take the following affirmative action in order to effectuate the policies of the National Labor Relations Act: (a) Offer to Herbert Heihn, Edgar Heihn and Gene Fredenburg full and unconditional reinstatement to their former positions, without prejudice to their seniority or other rights and privileges previously enjoyed by them; (b) Make whole Herbert Heihn, Edgar Heihn, Gene Freden- burg and Walter Nicholson for any loss of pay they have suffered by, reason of, their discharges by paying said employees the sum of $45:00 each; , (c) Post immediately in conspicuous places at its Oakland Plant and maintain' for a period of at least sixty (60) days, notices stating that: (1) Inland Manufacturing Company will cease and desist in the manner set forth in Paragraph 1 (a), (b), (c) and (d) hereinabove; (2) Inland Manufacturing Company will take the affirmative action set forth in Paragraph 2 (a) and (b)- above; (3) employees of Inland Manufacturing Company at the Oakland Plant have the right to self-organization, and are free ,to join or assist labor organizations, to bargain collectively with the Inland Manufacturing Company through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining with Inland Manufacturing Company, or for other mutual aid or protection; and (4) the agreement entered into on or about March 1, 1940 between the Inland Manufacturing Company and Box Makers' Union Local 1137, Brotherhood of Carpenters and Joiners of America, has, under this order, been suspended. (d) Notify the Regional Director for the Twentieth Region of the National Labor Relations Board, in writing, within ten (10) days from the date of this Order, of the steps respondent has taken to comply herewith. VI It is understood and agreed that Walter Nicholson has other and substantially equivalent employment and he will not be reinstated to his job in the respondent's Oakland Plant. VII In order to dispose of the issue of representation raised by the 'allegation in the complaint that the respondent is engaging in unfair labor practices within the meaning of Section 8 (5) of the INLAND MANUFACTURING COMPANY 565 National Labor Relations Act, it is further stipulated and agreed as follows: 1. The respondent, Local #262, and Local 1137 hereby agree and consent to the conducting of an election by secret ballot by the Regional Director for the Twentieth Region of the National Labor Relations Board, hereinafter referred to as the Regional Director, for the purpose of determining the collective bargaining agency desired by the employees of the respondent, as hereinafter defined. 2. Said election shall be held in conformity with the National Labor Relations Act and the Rules and Regulations, Series 2, as amended, of the National Labor Relations Board, except, however, that the determination of the Regional Director on challenges or objections to the ballot or Election Report shall, for all purposes, be conclusive. 3. Those eligible to vote shall be all of the hourly production and maintenance employees employed at the respondent's Oak- land Plant, exclusive of supervisory, office and clerical employees and truck drivers, who were on the respondent's payroll as of January 19, 1940. It is hereby agreed that those employees whose' names are listed below constitute all of the employees who shall be eligible to vote in said election: R. C. Gilmore H. A. Miller M. McCamish Herbert Heihn S. J. Mikulich Edgar Heihn W. E. Marshall Gene Fredenburg A. C. Peterson B. C. Knierim F. T. Moreland Jack Walton 4. Said election shall be conducted by an agent of the Regional Director at the respondent's Oakland Plant not later than sixty (60) days from the date of the approval of this Stipulation by the National Labor Relations Board, as provided for in Para- graph X herein. 5. All the parties agree to cooperate fully with the Regional Director in the conduct of such election and shall furnish services and materials if requested to do so by the Regional Director. 6. The respondent agrees to allow an agent of the Regional Director to post notices of said election at various places in the Oakland Plant at least forty-eight (48) hours prior to the elec- tion and to distribute copies of such notice to each employee of the respondent. 7. The ballots in such election shall be counted and tallied by the Regional Director, or her agent or agents; and the respondent, Local #262, and Local 1137 shall each be allowed to station their 323429-42-vol. 26-37 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD authorized observers at the polling place during such election for the purpose of identifying eligible voters, or challenging ineligible voters, and to verify such tally, provided that the observers appointed or selected by the respondent shall not be supervisory employees. 8. The question to be voted on at said election and to be in- cluded in the official ballot shall be to determine whether the employees described in Paragraph VII, 3 herein desire to be represented for the purposes of collective bargaining by United Furniture Workers of America, Local #262, C. I. 0.; by Box Makers' Union Local 1137, Brotherhood of Carpenters and Join- ers of America, A. F. of L., or by neither. 9. All of the parties agree to be guided by and abide by all rulings of the Regional Director on any question raised relating to such election and not determined in this agreement. 10. The respondent agrees to bargain collectively with the labor organization designated or selected by a majority of the valid ballots cast in such election, as the exclusive bargaining agency of all of its employees in the unit specified in Paragraph VII, 3 above, and in the event an agreement is reached between the respondent and such labor organization to reduce such agreement to writing and to sign it. 11. The respondent agrees not to interfere with, restrain or coerce its employees in the free choice of collective bargaining representatives in such election, nor to interfere by coercion or persuasion, directly or indirectly, or by its agents or foremen with the free choice by its employees of collective bargaining representatives in such election. 12. If in such election neither union is designated or selected by a majority of the valid ballots cast, but both unions together receive a majority, further procedure as to the holding of any run-off election shall be referred to and determined by the Regional Director. VIII After the entry of the order by the National Labor Relations Board, as provided in this Stipulation, there may be entered in the United States Circuit Court of Appeals for the Ninth Circuit a decree by said Court enforcing in full the said order of the National Labor Relations Board, and each of the parties hereto hereby consents to the entry of such decree and hereby waives prior notice thereof. IX It is expressly understood and agreed that this Stipulation and the order and decree provided for herein shall be a complete INLAND MANUFACTURING COMPANY 567 and final disposition of all the issues raised by the charges. and complaint in this proceeding, and that no other or further pro- ceeding, order or decree , other than those provided for herein, shall be instituted or made with respect to the subject matters contained in the charges and complaint herein against any of the parties to this Stipulation. X It is expressly understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board. XI The terms of this Stipulation contain and set forth the entire agreement by and between the parties hereto, and there is no agreement of any kind which varies, alters, or adds to this Stipulation. On July 24 , 1940, the Board issued and duly served on the respond- ent, on the United, on Local 1137, on Charles J. Janigian, and on Charles W. Hope, an order approving the said stipulation , making it a part of the record in the case, and transferring the case to and contin- uing it before 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 said 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 corporation organized and existing under the laws of the State of California , having its principal office and place of business in the City of Oakland , County of Alameda, State of Cal- ifornia, where it is engaged in the manufacture, sale, and distribution of sporting goods, ladders, bottle crates, and other lumber products. During the year 1938 , raw materials purchased and used by the respondent at the Oakland plant amounted to approximately $29,- 930.00, of which amount approximately $9,103.00 represents the cost of raw materials purchased by the respondent and shipped to the Oakland plant from points outside the State of California . During the same period , respondent sold sporting goods, ladders, bottle crates, and other lumber products amounting to approximately $70,- 378.00 , of which amount approximately $5,121.00 represents the value of goods which respondent sold and shipped to points outside the State of California. During the year 1939, raw materials purchased and used by the respondent at the Oakland plant amounted to approximately $28,- 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 317.00 , of which amount approximately $7,744.00 represents the cost of raw materials purchased by the respondent and shipped to the Oakland plant from points outside the State of California . During the same period , respondent sold sporting goods, ladders, bottle crates, and other lumber products amounting to approximately $68,- 389.00, of which amount approximately $5,525.91 represents the value of goods which respondent sold and shipped to points outside the State of California. The respondent concedes for the purpose of this proceeding that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade , traffic, and commerce among the several States. ORDER Upon the basis of the foregoing findings of fact, the 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 , Inland Manufacturing Company, Oakland, California , shall: 1. Cease and desist from: (a) Discouraging or encouraging membership in any labor or- ganization of their employees by discharging , demoting, or refusing to reinstate any of their employees or in any manner discriminating with regard to their hire or tenure of employment or any term or condition thereof because or on account of their membership in, ac- tivity on behalf of or sympathy toward any such labor organization; (b) In any manner interfering with, restraining , or coercing their employees, or any of them , in the exercise of the right to self-organi- zation, 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 purpose of collective bargaining or other mutual aid or protection , as guaranteed in Section 7 of the National Labor Relations Act. (c) Urging, persuading, or warning its employees , or any of them, or in any manner influencing or attempting to influence said em- ployees to refrain from becoming or remaining members of United Furniture Workers of America, Local #262, or any other labor or- ganization of its employees , and from threatening said employees with discharge or other reprisals if they become or remain members of the said United Furniture Workers of America, Local #262; (d) Giving effect to any and all contracts in existence between the respondent and Local 1137. 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act: INLAND MANUFACTURING COMPANY 569 (a) Offer to Herbert Heihn, Edgar Heihn, and Gene Fredenburg full and unconditional reinstatement to their former positions, without prejudice to their seniority or other rights and privileges previously enjoyed by them; (b) Make whole Herbert Heihn, Edgar Heihn, Gene Fredenburg, and Walter Nicholson for any loss of pay they have suffered by reason of their discharges by paying said employees the sum of $45.00 each; (c) Post immediately in conspicuous places at its Oakland plant and maintain for a period of at least sixty (60) days, notices stating that: (1) Inland Manufacturing Company will cease and desist in the man- ner set forth in paragraph 1 (a), (b), (c), and (d) hereinabove; (2) Inland Manufacturing Company will take the affirmative action set forth in paragraph 2 (a) and (b) above; (3) employees of Inland Manufacturing Company at the Oakland plant have the right to self- organization, and are free to join or assist labor organizations, to bar- gam collectively with the Inland Manufacturing Company through representatives of their own choosing, and to engage in concerted activi- ties for the purpose of collective bargaining with Inland Manufactur- ing Company, or for other mutual aid or protection; and (4) the agreement entered into on or about March 1, 1940, between the Inland Manufacturing Company and Box Makers' Union Local 1137, Brother- hood of Carpenters and Joiners of America, has, under this Order, been suspended. (d) Notify the Regional Director for the Twentieth Region of the National Labor Relations Board, in writing, within ten (10) days from the date of this Order, of the steps respondent has taken to comply herewith.