Acme Felt Works, Inc.,

In the Matter of ACME FEIJr WORKS, INC., and TEXTILE WORKERS UNION OF AMERICA, LOCAL No. 99 (C. I. 0. ) Case No. C4673.-Decided September 26, 1940 Jurisdiction : cotton felt manufacturing and processing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. James A. Cobey and Mr. David Sokol, for the Board. Gallagher, Wirin c Johnson, of Los Angeles, Calif., by Mr. Leo Gallagher, for the Union. Simon cC Licker, by Mr. Melvin Simon, and Mr. David T. Good- man, both of Los Angeles, Calif., for,the Company. Mr. Louis S. Penfield, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by Textile Workers Union of America, Local N6.99 (C. I. 0.), 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 August 16, 1940, against Acme Felt Works, Inc., 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 complainf together with notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in sub- stance (1) that the respondent on March 28, 1940, and at all times thereafter refused to bargain collectively with the Union as the ex- clusive bargaining representative of the respondent's employees in an appropriate unit consisting of its production and maintenance em- ployees, including truck drivers, but excluding clerical and super- 27 N. L. R. B., No. 103. 508 ACME FELT WORKS, INC. 509 visory employees; and (2) that the respondent, by the foregoing acts and by advising its employees not to join any labor organization, by threatening to close its plant if its employees continued to seek col- lective bargaining through the Union, by offering employees who abandoned the Union promotion, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter, the respondent filed, its answer to the complaint denying the material allegations thereof with respect to the unfair labor practices. Pursuant to notice a hearing was held on August 29 and 30 and September 3, 1940, at Los Angeles, California, before William B. Barton, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. On September 3, 1940, the respond- ent, the Union, and counsel for the Board entered into a stipulation in settlement of the case and the Trial Examiner ordered the hearing adjourned into further notice. On September 12, 1940, the same parties entered into another stipulation in settlement of the case. This stipulation provides as follows: It is hereby agreed by and between Acme Felt Works,Inc., hereinafter referred to as Respondent, Textile Workers Union of America, Local No. 99 (C. I. 0.), and David Sokol, Attorney for the National Labor Relations Board, that : Respondent, a corporation organized and existing under and by virture of the Laws of the State of California and having its sole place of business at 6500 Stanford Avenue, Los Angeles, California, is engaged in the manufacture, processing and sale of cotton felt for the stuffing of mattresses, furniture and com- forters. In the operation of this business the principal raw materials used by the Respondent are staple cotton and cotton linters. During the fiscal year May 1, 1939 to April 30, 1940, Respondent purchased approximately $150,000 of the aforesaid raw materials-.principally from brokers. Of these purchases, over twenty percent, amounting in value to a sum 'exceeding $30,000.00, were purchased for Respondent by the said brokers from suppliers located outside the State of California. During this same period, Responrent sold not more than $250,000 worth of cotton felt manufactured and processed by it. Approximately 10% of this cotton felt, amounting in value to not more than $25,000 was sold to customers located outside the State of Cali- fornia. In addition, a substantial portion of the cotton felt sold locally to manufacturers of furniture, mattresses and comforters was further processed by them and then resold anchor dis- tributed to persons and business establishments located outside 510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the State of California. Respondent concedes, for the purposes of this proceeding only, that the operations of its business of fects commerce within the meaning of the National Labor Re- lations Act. It is further stipulated that the Textile Workers Union of of America, Local No. 99 (C. I. 0.), hereinafter referred to as the Union, is a labor organization within the meaning of Section 2 (5) of the Act. It is further stipulated that the parties hereto waive their right to a hearing set forth in Section 10, subsection (b) and (c) of the Act, and the taking of testimony or evidence before an Examiner of the National Labor Relations Board in this matter concerning the charge and allegations in the complaint herein, and said parties hereto waive the making of findings of fact and conclusions of law by the Board herein. It is stipulated that all persons employed by Respondent at ,its aforementioned plant as production and maintenance em- ployees, including truck drivers, but excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to these employees of the Respondent the full benefit of their right to self-organiation and to collective bargaining and would otherwise effectuate the policies of the National Labor Relations Act. It being further stipulated that on March 28, 1940, and at all times thereafter, the Union was the duly designated representa- tive of the majority of the employees in the appropriate unit above described and that, by reason of Section 9 (a) of the Na- tional Labor, Relations Act, was, on that date and at all times thereafter, the exclusive representative of all the employees in such unit for the purposes of collective bargaining with the Re- spondent in respect to rates of pay,,wages, hours of employment, and other conditions of employment. The parties hereto consent that the National Labor Relations Board may, upon the pleadings herein and upon this stipulation, enter an order to the following effect, such order having the same force and effect as if made by the National Labor Relations Board after hearing, the taking of evidence, and the making of findings of fact and conclusions of law by the Board : ORDER Acme Felt Works, Inc., a Corporation, its officers, agents, successors, and assigns, shall: . ACME FELT WORKS, INC. 511 1. Refrain from : a. Interfering with, restraining, or coercing its employees in the exercise of their right 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 purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act; b. Refusing to bargain collectively with. Textile Workers Union of America, Local No. 99 (C. I. 0.), as exclusive repre- sentative of the Respondent's production and maintenance em- ployees, including truck drivers but excluding office, clerical, and supervisory employees at the Los Angeles plant; 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : a. Upon request bargain collectively with Textile Workers Union of America, Local No. 99 (C. I. 0.), as the exclusive repre- sentative of their production and maintenance employees, includ- ing truck drivers but excluding office, clerical, and supervisory employees at the Los Angeles plant, in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment, and, if an understanding is reached on such matters, em- body said understanding in a signed agreement for a definite term ; b. Post immediately, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, notices in conspicuous places in and about the plant that the respondent will refrain 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; and that Respondent's employees are free to become and remain members of Textile Workers Union of America, Local No. 99 (C. I. 0.), and that Respondent will not discriminate against any employee because of his membership- or activity in that or any other labor organization. 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. It is Stipulated and Agreed, that the United States Circuit Court of Appeals for the Ninth circuit, may, upon application of the National Labor Relations Board, enter a Decree, the form of which has heretofore been approved by the respondent, en- forcing the aforesaid Order of the Board, pursuant to this Stip- ulation. Respondent expressly waives its right to contest the entry of said Decree, as heretofore approved by respondent. 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It is understood and agreed'that the entire agreement is con- tained within the terms of this Stipulation and that there is no verbal agreement of any kind which varies, alters or adds to this Stipulation. It is further ) understood and agreed that this Stipulation is subject to the approval of the Board and shall become effective immediately upon the granting of such approval. Tf the Board does not approve this Stipulation, it shall be void and of no effect and shall not be used as evidence in this or any other case. On September 18, 1940, the Board issued its order approving the Stipulation of September 12, 1940, making it ' a part of the record, and, pursuant to Article II, Section 36, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, transfer- ring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the 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 I. THE BUSINESS OF THE RESPONDENT The respondent, Acme Felt Works, Inc., is a California corporation having its sole place of business in Los Angeles, California.' It is engaged in the manufacture, processing, and sale of cotton felt for th stuffing of -mattresses, furniture, and comforters. In the opera- tion of this business the principal raw materials used by the respond- ent are staple cotton and cotton linters. Between May 1, 1939, and April 30, 1940, the respondent purchased principally from brokers, approximately $150,000 worth of such raw materials. Over 20 per cent in value of such materials were purchased for the respondent by brokers from suppliers located outside the State of California. Dur-, ing the same period the respondent sold approximately $250,000 worth of cotton felt manufactured and processed by it. Approxi- mately 10 per cent of this cotton felt, valued at not more than $25,000, was sold to customers located outside the State of California. A substantial portion of the cotton felt sold locally to manufacturers of furniture, mattresses, and comforters was further processed by them and then resold and distributed to persons and business establish- ments located outside the State of California. The respondent con- cedes that its business operations affect commerce within the meaning of the Act. - ACME -FELT WORKS, INC. 513 We find that the above-described 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, Acme Felt Works, Inc., a Corpo- ration, its officers, agents, successors, and assigns shall: 1. Refrain from : a. Interfering with, restraining, or coercing its employees in the exercise of their 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 Act; b. Refusing to bargain collectively with Textile Workers Union of America, Local No. 99 (C. I. 0.), as exclusive representative of the. Respondent's production and maintenance employees, including truck drivers but excluding office, clerical, and supervisory employees at the Los Angeles plant; 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : a. Upon request bargain collectively with Textile Workers Union of America, Local No. 99 (C. I. 0.), as the exclusive representative of their- production and maintenance employees, including truck drivers but excluding office, clerical, and supervisory employees at the Los Angeles plant, in respect to rates of pay, wages, hours of employment and other conditions of employment, and, if an under- standing-is reached on such matters, embody said understanding in a signed agreement for a definite term; - b. Post immediately, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, notices in conspicuous places in and about the plant that the respondent will refrain 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; and that Respondent's employees are free to become and remain members' of Textile Workers Union of America, Local No. 99 (C. I. 0.), and that Respondent will not discriminate against any employee because of his membership or activity in that or any other labor organization; 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. 323428-42-vol 27--34