Continental Furniture Co., Inc.

In the Matter Of CONTINENTAL FURNITURE COMPANY, INC. and UNITED 0 FURNITURE WORKERS OF AMERICA _ Case No. C-1668.-Decided September 18,1940 Jurisdiction : furniture manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Charles Y. Latimer, for the Board. Brooks, McLendon dl Holderness, by Mr. L.-P. McLendon, of Greens- boro, N. C., for the respondent. Mr. E. L. Sandefur, of Winston-Salem, N. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by United Furniture Workers of America, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint dated April 1, 1940, against Continental Furniture Company, Inc., High Point, North Carolina, 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 and notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, (1) that the respondent discharged three named employees for the reason that each of them had joined or assisted the Union; (2) that the respondent permitted, aided, and directed the circulation of petitions on its property denouncing the Union; and (3) that by these and other acts the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On April 12,1940, the respondent filed an answer denying the 27 N. L. R. B., No. 67. 315 k 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD alleged unfair labor practices. On April 9, May 17, June 26, and July 31, 1940, respectively, the Regional Director issued notices of - post- ponement of hearing. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated August 14, 1940. The stipula- tion provides as follows : It,is hereby stipulated and agreed by and between The Con- tinental Furniture Company, by R. T. Holton, Vice-President, hereinafter called the respondent, the United Furniture Workers of America by E. L. Sandefur, Representative, hereinafter called the Union, and Chas. Y. Latimer, attorney, National Labor Rela- tions Board, that : 1 The respondent is now and has been since November 1901, a corporation duly organized under and existing by virtue of the laws of the State of North Carolina, having its principal office and place of business in the City of High Point, County of Guil- ford, State of North Carolina, and is now and has continuously been engaged at its plant at High Point, North Carolina, in `the manufacture, sale and distribution of household furniture. 2 The name of the respondent company is The Continental Furniture Company. Its officers are : Fred N. Tate, President and Treasurer R. T. Holton, Vice-President L. I. Massey, Secretary & Asst. Treasurer Raw materials, valued at approximately $250,000 annually, consist of lumber, paints, varnishes, hardware and mirrors. Approximately 20% of the lumber is obtained from within the State of North Carolina; the remainder of the lumber is shipped to the respondent's plant from states other than the State of North Carolina and from foreign countries. Approximately 5% of the hardware is obtained from within the State of North Carolina; the balance is shipped from states other than the State of North Carolina. Approximately all of the paint, varnish and mirrors are obtained from within the State of North Carolina. About 15 % of the respondent's finished products is sold to retail furniture dealers within the State of North Carolina; the re- mainder of respondent's finished products is sold and delivered to retail dealers in states other than the State of North Carolina. chiefly states along the eastern seaboard of the United States. The CONTINENTAL FURNITURE COMPANY, INC. 317 approximate value of finished products amounts to $550,000 annually. The respondent admits that it is engaged in interstate com- merce within the meaning of the Act. Respondent normally employs 180 men with a pay roll-of approximately $12,200 per month. 3 The Union is a labor organization as defined in Section 2, Subdivision (5) of the Act. 4 The record shall consist of the Fourth Amended Charge, Com- plaint and Notice of Hearing, and Affidavits of Service attached thereto, Answer filed by Respondent, Notices of Postponement of Hearing and this Stipulation. It is further stipulated and agreed that the record shall be filed with the Chief Trial Examiner of the National Labor Rela- tions Board, Washington, D. C., and that upon the basis of this stipulation all parties hereto expressly waive the right to a hearing in this matter and making of findings of fact and conclu- sions of law by the National Labor Relations Board and ex- pressly agree and consent that the Board may enter the following order: ORDER Upon the basis of the entire record of this case and this stipu- lation and pursuant to Section 10 (c) of the National Labor Rela- tions Act (herein referred to as the Act), the National Labor Relations Board hereby orders that the respondent, The Conti- nental Furniture Company, High Point, North Carolina, its officers, agents, successors, and assigns, shall: 1. Cease and desist : (a) From in any manner interfering with, restraining or co- ercing its employees in the exercise of their rights to self-or- ganization, 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 Act. (b) From discouraging membership in the United Furniture Workers of America, or any other labor organization, by dis- charging or in any other manner discriminating against its em- 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees in, regard to the hire and tenure of employment, or, any condition of employment, for the reason that they, or any of them, joined or assisted the United Furniture Workers of America, or any other labor organization of its employees. 2. Respondent shall take the following affirmative action which the Board finds will effectuate the policies of the National Labor Relations Act : (a) Pay the sum of $1,374.08 in back pay, in lieu of reinstate- ment, to be distributed by respondent to the following persons in the amount provided below : Carl McGill -------------------------------------- $874.08 D. M. White------------------------------------- $500.00 (b) Post immediately in conspicuous places at its plant, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of of this order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a), (b) and (c) of this order; (3) thaf the respondent's employees are free to become or remain members of the United Furniture' Workers of America and the respondent will not discriminate against any employee be- cause of membership or activity in that organization. (c) Notify the Regional Director for the Fifth Region of the National Labor Relations Board within ten (10) days from the date of this order the manner in which it has complied with this order. , 3. AND IT IS FURTHER ORDERED 'that the complaint; in so far as it alleges the respondent has engaged in unfair labor practices, within the meaning of Section 8 (3) of the Act, by discharging M. A. Burleson and refusing to reinstate him be and the same hereby is dismissed. . 6 The respondent consents to the entry by any United States Circuit Court of Appeals of a decree enforcing an order of the National Labor Relations Board in the above form, and waives its right to contest any application by the National Labor Rela- tions Board for the entry of such a decree; and further waives any and all requirements of notice of the filing of such applica- tion by the National Labor Relations Board before any United States Circuit Court of Appeals. CONTINENTAL FURNITURE, COMPANY, INC. 319 7 It is further understood and agreed that the entire agreement is contained within the terms of this stipulation and that there is no verbal agreement of any kind, which varies, alters or adds to this stipulation, and that compliance by the respondent with the foregoing order shall be a final and complete disposition of all allegations set forth in the complaint in the above-entitled matter. 8 It is further understood and agreed that by entering into this stipulation the parties hereto waive formal hearing before a trial examiner, and further proceedings under the Act and the National Labor Relations Board Rules and Regulations, and that this stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. On September 10, 1940, the Board issued an order approving the above stipulation, making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to provisions of the 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 The respondent` is a North Carolina corporation having its prin- cipal office and place of business in High Point, North Carolina, where it is engaged in the manufacture, sale, and distribution of household furniture. The respondent purchases raw materials valued at ap- proximately $250,000 annually. The respondent sells finished prod- ucts valued at approximately $550,000 annually, approximately 85 per cent of which is shipped by it to points outside the State of North Carolina. The respondent admits that it is engaged in interstate ,commerce within the meaning of the Act. We find that the above-described operations constitute a contin- uous flow of trade, traffic, and commerce among the several States. .ORDER Upon the basis of the above findings of fact and stipulation and the entire record in the case, and pursuant to Section 10 (c) of the 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Act, the National Labor Relations Board' hereby orders that Continental Furniture Company, Inc., High Point, North Carolina, its officers, agents, successors, and assigns, shall : 1. Cease and desist : (a) From 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, 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 Act. (b) From discouraging membership in the United Furniture Workers of America, or any other labor organization, by discharging or in any other manner discriminating against its employees in re- gard to the hire and tenure of employment, or any condition of employment, for the reason that they, or any of them, joined or assisted the United Furniture Workers of America, or any other labor organization of its employees. 2. The respondent shall take the following affirmative action which the Board finds will' effectuate the policies of the National Labor Relations Act: (a) Pay the sum of $1,374.08 in back pay, in lieu of reinstatement, to be distributed by the respondent to the following persons in the amount provided below : Carl McGill--------------------------------------------- $874.08 D. M. White---------------------------------------------$500 00 (b) Post immediately in conspicuous places at its plant, and main- tain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that the re- spondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) that the respondent will take the affirmative action set forth in paragraphs 2 (a), (b), and (c) of this Order; (3) that the respond- ent's employees are free to become or remain members of the United Furniture Workers of America and the respondent will not' dis- criminate against•any employee because of membership or activity in that organization. (c) Notify the Regional Director for the Fifth Region of the National Labor Relations Board within ten (10) days from the date of this Order the manner in which it has complied with this Order. AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act by discharging M. A. Burle- son and refusing to reinstate him, be, and it hereby is, dismissed.