The Leopold Co.

In the Matter of THE LEoPoLD COMPANY and FuRNrruRE WORKERS LOCAL UNION No. 1860 OF THE UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, A. F. OF L. Case No. C-1842.-Decided April 17, 194.1 Jurisdiction : office furniture manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Lee Loevinger, for the Boarrd.' Clark, Pryor, Hale c& Plock, by Mr. John Hale, of Iowa, for the respondent. Mr. H. J. Burbach, of Burlington, Iowa, for the Union. Mr. A. G. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Burlington, Upon charges and amended charges duly filed by Furniture Work- ers Local Union No. 1860 of the Upholsterers' International Union of North America, A. F. of L., herein called the Union , the National Labor Relations Board , herein called the Board , by the Regional Director for the Eighteenth Region (Minneapolis, Minnesota ), issued its complaint - dated March 8, 1941 , against The Leopold Company, Burlington, Iowa, 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) and (5) of the National Labor Relations Act, 49 Stat . 449, herein called the Act. Copies of the complaint accompanied by a notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged in substance : (1) that on or about January 24, 30 , and 31 , 1941 , Febru- ary 5, 6, and 13, 1941, and on other subsequent dates, the respondent refused to recognize or bargain collectively with the Union as the exclusive representative of its employees in an appropriate bargaining unit ; (2) that thereby and by urging, threatening , and warning its 31 N. L. R. B., No. 5. 14 i THE LEOPOLD COMPANY 15 employees not to become or remain members of the Union and not to engage in other concerted * activities for the purposes of collective bargaining or other mutual aid or protection , and by other acts, the respondent interfered with, restrained , and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act; and (3) that by the above-described acts and by other acts the respondent caused and prolonged a strike of its employees . On March 19, 1941, the respondent filed an answer denying that it had committed the unfair labor practices alleged in the complaint. Pursuant to notice, a hearing was begun in Burlington , Iowa, on March 24, 1941 , before Peter F . Ward, the Trial Examiner duly des- ignated by the Chief .Trial Examiner. At the' commencement of the hearing,, on March 24 , 1941, the respondent , the Union, and counsel for the Board entered into a - stipuhition in settlement of the case subject to the approval of the Board. The stipulation provides as follows : IT IS HEREBY STIPULATED by and between The Leopold Com- pany, an Iowa corporation, hereinafter called the Respondent, by its attorney, John Hale; Furniture Workers Local Union No. 1860 of the Upholsterers' International Union of North America, A. F. of L., hereinafter ' called the Union, by its international representative, Herman J. Burbach; and Lee Loevinger, as attor- ney for the National Labor Relations Board, that : 1. Upon charges and amended charges duly filed by .the Union, -the National Labor Relations Board, by its Regional Director for the Eighteenth Region, on the 8th day of March 1941, duly is- sued its Complaint against the Respondent herein, stating the charges and alleging that the Respondent had engaged in, and was engaging in,' unfair labor practices affecting commerce within the meaning of Section 8, subdivisions (1-) and (5), and Section 2, subdivisions (6) and (7) of the National Labor Rela- tions Act, 49 Stat. 449. Said Complaint, together with the Notice of Hearing attmched thereto, a copy of the Amended Charge upon which said Complaint was based, and a copy of the National Labor Relations Board Rules and Regulations-Se- ries 2, as amended, was duly served upon the Respondent and upon the Union on March 10, 1941, and a hearing upon the al- legations set forth in said Complaint was scheduled by the Notice of Hearing to begin on March 24, 1941, in Burlington, Iowa. On March 19, 1941, the Respondent duly filed its Answer to the Complaint herein, admitting certain allegations of the Complaint and denying other allegations of, the Complaint. 2. All parties hereto waive the right to a hearing, to the taking of, testimony or the submission of evidence, to the making of 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD findings of fact or conclusions of law by the National Labor Re- lations Board, and to any other or further proceedings prelim, inary to the issuance of an order herein under the National Labor Relations Act or the Rules and Regulations of said Board. ' , 3. The Leopold Company is, and has been at all times since December 23, 1937, on which date it was reincorporated, a corpo- ration organized under and existing by virtue of the laws of the State of Iowa. The principal office and place of business of said Respondent is at 914 Osborn Street in the city of Burlington, State of Iowa. The Respondent also operates a warehouse at No. 34, 34th Street in Brooklyn, New York. The Respondent is li- censed to do business in the State of New York. The Respondent has no parent, subsidiary, or affiliated corporations. The Respondent is engaged at its place of business in Burling- ton, Iowa, in manufacturing, selling, and distributing office fur- niture. At said place of business in Burlington, Iowa,,the Re- spondent uses raw materials which include "lumber, veneer, ply- wood, glue, hardware, varnishes, finishing materials, and kindred materials. The total raw materials purchased by the Respond- ent and used in its place of business at Burlington, Iowa, during the fiscal year 1940, amounted in value to $162,983.24. Over eighty per cent (80°Jo) of these materials were shipped to the Respondent from sources outside-the State of Iowa. The products manufactured in the Respondent's place of busi- ness in Burlington, Iowa, include desks, tables, costumers, stands, waste baskets, and similar products. During the fiscal year 1940, the Respondent manufactured at its plant in Burling- ton, Iowa, and sold products amounting in value to $444,273.99. Of this total amount of sales, products amounting in value to $48,041.00 were sold and shipped to purchasers within the State of Iowa. The rest of the products sold during the fiscal year 1940 were sold and shipped to purchasers outside the State of Iowa. Materials are transported to the Respondent's place of busi- ness- in Burlington, Iowa, and finished products are transported from the Respondent's place of business in Burlington, Iowa, by railroad. The Respondent's products are sold by traveling salesmen to dealers throughout the country. The business of the Respondent affects interstate commerce within the meaning of the National Labor Relations Act, as construed by the National, Labor Relations Board and the Courts of the United States, and is subject to the jurisdiction of the National Labor Relations Board. 4. The Amended Charge filed herein on March 7, 1941, the aforesaid Complaint and Notice of Hearing, the aforesaid THE LEOPOLD, COMPANY 17 Answer of the Respondent, and this Stipulation shall constitute the entire record in this proceeding. Said documents shall be .entered in and made•a part of the record herein by filing either with the Chief Trial Examiner of the National -Labor Relations Board at Washington, D. C., or. with any Trial Examiner designated by said Chief Trial Examiner to act in this proceeding. , 5. All of the production and maintenance employees of the Respondent in its plant at Burlington, Iowa,; excluding all super- visory, office and clerical, and sales employees, constitute a unit appropriate for the purposes of., collective bargaining within the meaning of Section 9 (b) of the Act. The Union is the representative for the -purposes ,of collective bargaining of a majority of the employees within said unit and, therefore, is the exclusive representative of all the employees in said unit for the purposes of collective bargaining within the meaning of Section 9 (a) of the National Labor Relations Act. 6. All of the parties hereto expressly, consent and agree that upon this Stipulation and the record herein, and without \further notice or proceedings herein, the National Labor Relations Board may enter an order providing as follows : 1. The Respondent, The Leopold Company, its officers, agents, successors; agents and assigns, shall cease and desist from : (a) Refusing to bargain collectively with the Furniture Workers Local Union No. 1860 of the Upholsters' International Union of North America, A. F. of L., as the exclusive representative of the production and maintenance. employees at its Burlington, Iowa, plant. (b) In any manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bar- gaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. The Respondent, The Leopold Company, its officers, agents, successors, and assigns, shall take the following affirmative action to effectuate the policies of the Act : (a) Upon request, bargain collectively with the Furniture Workers Local Union No. 1860 of the Upholsterers' International Union of North America, A. F. of L., as exclusive representative of the. production and maintenance employees at its Burlington, Iowa, plant in respect to rates of pay, wages, hours of employment, and 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD other terms and conditions of employment, and if an agreement is reached on any such matters, upon request embody such 'agree- ment in a written contract to be signed by the parties. (b) Post immediately in conspicuous places throughout its Burlington, Iowa, plant, and maintain for a period of at least sixty (60) 'consecutive days from the date of posting, notices to its employees stating that the Respondent' will not en- gage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and 1 (b) of this order, and that the Re- spondent will take the affirmative action set forth in paragraph 2 (a) of this order. (c) Notify the Regional Director for the Eighteenth Region in writing within ten (10) days 'from the date of this order what steps the Respondent has taken to comply herewith, and further notify the Regional Director for the Eighteenth Region in writing, when the Respondent has completed the affirmative action pro- vided for herein, what further steps the Respondent has taken to comply herewith. 7. All of the parties hereto expressly consent and agree that, upon application of the National Labor Relations Board, the ap- propriate United States Circuit Court of Appeals may enter a decree enforcing the order hereinabove agreed to, in the form and terms he"reinabove set forth, and hereby expressly waive any right to contest the entry of said decree and to receive further notice of the application for or entry of said decree, provided that a copy of said decree shall be served upon the Respondent after entry. 8. It is expressly understood by all of the parties hereto that this Stipulation does not constitute, and is not to be construed as, an admission by the Respondent of any of the allegations of the commission of an unfair labor practice, as contained in the charges or the Complaint herein, and this Stipulation does not constitute, and is not to be construed as, an admission by the Re- spondent of the commission of any unfair labor practices. 9. This Stipulation. and all agreements made herein are sub- ject to the approval of the National Labor Relations Board, and this Stipulation shall become effective immediately upon notice to the parties of the granting of such approval. Should the National Labor Relations Board fail to approve this Stipulation within twenty-one (21) days from the date of signing thereof, this Stipulation shall be null and void and of no effect. ' 10. This" Stipulation constitutes the entire agreement between the parties hereto,. and no verbal agreement of any kind has been made which alters, detracts from, or adds to this Stipulation. THE LEOPOLD COMPANY 19 On April 1, 1941, the Board issued and duly served upon the parties its order approving the stipulation; making it part of the record, and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board. Upon the stipulation and the entire record in the case, the Board .makes the following : FINDINGS OF FACT I. THE ImSINESS OF THE RESPONDENT The Leopold Company, an Iowa corporation with its principal office and place of business at Burlington, Iowa, and a warehouse in Brooklyn, New York, is engaged in manufacturing, selling, and distributing office furniture . The respondent in the fiscal year 1940 purchased materials valued at $162,983 .24, consisting of lumber, ve- neer, plywood, glue, hardware, varnishes, finishing materials, and kindred materials. More than 80 per cent of these materials were shipped to the respondent from sources outside the State of Iowa. The finished products manufactured by the respondent in the fiscal year 1940. were valued at $444,273.99, and all but $48,041 of such products were sold and shipped to purchasers outside the State. The respondent stipulated that its business affects interstate commerce within the meaning of the Act and that it is subject to the jurisdiction of the Board. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the , several States. ORDER Upon the basis of the above findings of fact, the above 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 Leopold Company, Burlington, Iowa, its officers , agents, successors , and assigns, shall : 1. Cease and desist from : (a) Refusing to bargain collectively with the Furniture Workers Local Union No. 1860 of the Upholsterers' International Union of North America, A. F. of L., as the exclusive representative of the production and maintenance employees at its Burlington, Iowa, plant; (b) In any manner interfering with, restraining, or coercing its employees 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 441543-42-vol 31-3 20 DECISIONS OF -NATIONAL -LABOR RELATIONS BOARD activities for the purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act: - (a) Upon request, bargain collectively with the Furniture Workers Local Union No. 1860 of the Upholsterers' International. Union of North America, A. F. of L., as exclusive representative of the pro- duction and maintenance employees at its Burlington, Iowa, plant in respect to rates of pay, wages, hours of employment, and other terms and conditions of employment, and if an agreement is reached on any such matters, upon request embody such agreement in a written contract to be signed by, the parties; (b) Post immediately in conspicuous places throughout its Bur- lington, Iowa, plant, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and 1 (b) of this Order, and that the respondent will, take the affirmative action set forth in paragraph 2 (a) of this Order; - ' (c) Notify the Regional Director for the Eighteenth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith, and further notify the Regional Director for the Eighteenth Region in writing, when the respondent has completed the affirmative action provided for herein, what further steps the respondent has taken to comply herewith.