Austell Cabinet Co.

In the Matter of AusTELL CABINET COMPANY and UNITED FmRNITuRE WORKERS OF AMERICA, LOCAL #299 Case No. C-1980.-Decided October 23, 1941 Jurisdiction : cabinet manufacturing industry. Settlement :. stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Earle K. Shave and Mr. John C. McKee, for the Board. Mr. Williams G. Grant, of Austell, Ga., for the respondent. Mr. C. H. Gillman, of Atlanta, Ga., for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE. Upon charges duly filed by United Furniture Workers of America, Local #299, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia), issued its complaint dated Sep- tember 8, 1941, against Austell Cabinet Company, Austell, Georgia, herein. called the respondent, alleging that the respondent had en- gaged in and was engaging in unfair labor practices affecting com- merce 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 complaint and notices of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance, (1) that on or about February 1, 1941, and at all times thereafter the respondent refused to bargain collectively with the Union as the exclusive representative of its employees within an appropriate unit; and (2) that since January 23, 1941, the respond- ent, by certain named officers, agents, and supervisory employees, urged and warned its employees to withdraw from the Union, threat- ened them with discharge or other discipline if they joined or re- 36 N. L. R. B., No. 69. 355 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mained members of the Union, and made written and oral statements derogatory to the Union. The respondent thereafter filed its answer, dated September 17, 1941, denying the commission of the unfair labor practices alleged in the complaint. Pursuant to notice, a hearing was begun on September 22, 1941,. at Atlanta, Georgia, before James C. Batten, the Trial Examiner duly designated by the Chief Trial Examiner. The respondent, the' Union, and the Board were represented and participated in the hear- ing. On the same day the respondent, the Union, and counsel for- the Board entered into a stipulation in settlement of the case. This- stipulation provides as follows : STIPULATION Charges having been filed with Robert Frazer, Regional Direc- tor for the National Labor Relations Board, Tenth Region, complaint was issued and served on all parties wherein and whereby it was alleged that the respondent engaged in unfair- labor practices in violation of Section 8, subsections (1) and, (5) of the National Labor Relations Act (49 Stat. 449). Pursuant. to notice, a hearing was held at Atlanta, Georgia on September 22, 1941, before James C. Batten, duly authorized to act as Trial Examiner. It being the intention of the parties to amicably dispose of the- matters which have arisen, it is hereby stipulated and agreed by and among Austell Cabinet Company (hereinafter called the, respondent), by its attorney William G. Grant; United Furni- ture Workers of America , Local #299 (hereinafter called the- union) by its representative C. H. Gillman; and by Earle K. Shawe and John C. McRee, attorneys for the National Labor- Relations Board, as follows : I Respondent is a corporation organized and existing by virtue of the laws of the State of Georgia, having its office and place- of business in the City of Austell, State of Georgia ( hereinafter- called the plant), and is engaged in the manufacture, sale and distribution of furniture. In the course of its business during the year 1940, the total approximate value of raw materials used by respondent was $200,000, of which approximately 50% was sold and shipped to the plant from states other than the State of- Georgia. During the same year the plant's products were valued at approximately $380,000, of which approximately 60% was sold and shipped to customers in states other than the State of' AUSTELL CABINET COMPANY 357 • Georgia. Respondent admits for the purpose of this proceeding that it, is engaged in interstate commerce within the meaning of Section 2, subsections (6) and (7) of the National Labor Rela- tions Act. II United Furniture Workers of America, Local #299, affiliated with the Congress of Industrial Organizations, is a labor organi- zation within the meaning of Section 2, subsection (5) of the National Labor Relations Act. . III All production and maintenance employees at respondent's plant, exclusive of supervisory and clerical employees, constitute the unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. The union, on January 23, 1941, and at all times thereafter, has been the representative for the purposes of collec- tive bargaining of a majority of the employees within the said unit, and was therefore on January 23, 1941, and at all times thereafter, 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. IV All parties hereto waive all further or other procedure pro- vided by the National Labor Relations Act, or the Rules and Regulations of the National Labor Relations Board, including the making of findings of fact and conclusions of law. V On the basis of the facts stipulated in paragraph I above, the pleadings heretofore filed, this stipulation, and by agreement of the parties hereto, the National Labor Relations Board may enter its order in the following form in the above entitled case : ORDER The National Labor Relations Board hereby orders that Austell Cabinet Company, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the rights of its employees to 358. DECISIONS OF NATIONAL LABOR RELATIONS BOARD self organization, to form, join, or assist labor -organizations, to bargain collectively through representatives. of .their own. choos- ing, and to engage in concerted activities for '_the purpose of collective bargaining or other mutual aid or protection, as guar- anteed in Section 7 of the National Labor Relations Act. (b) Refusing to bargain collectively with the United Furniture Workers of America, Local, #299 as the exclusive representative of the production and maintenance employees at-the respondent's plant; but excluding clerical and supervisory employees, in re- spect to rates of pay, wages, hours of employment and other conditions of employment. 2. Take the following affirmative action to effectuate the policies of the National Labor. Relations Act: (a) Upon request, bargain collectively with the United Furni- ture Workers of America, Local #299 as "the exclusive; repre- sentative of all the production and maintenance. employees of respondent's plant, exclusive of clerical . and supervisory em- ployees, in respect to rates of pay, wages, hours of employment or other conditions of employment. (b) Upon application, offer to the employees whose names are listed in Appendix "A" of this Order and who went on strike on April 4, 1941, and who have not since been fully reinstated, immediate and full reinstatement to their former or substantially equivalent positions without prejudice to their seniority or other rights and privileges; and place those other employees who went on strike and for whom employment is not immediately avail- able upon a preferential list in the order of their seniority, and -thereafter in accordance with such list offer to them employment in their former or substantially equivalent positions (without prejudice to their seniority or other rights and privileges) as such employment becomes available and before other persons are hired for such work. In the event any of the employees in Appendix "A" do not apply for reinstatement within seven (7) days from the date of the Board's Order approving this stipulation, sufficient names from the top of the departmental preferential list shall be added to Appendix "A" to replace those who do not apply, until twelve of the striking employees have been reinstated. (c) Post immediately, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, copies of this stipulation in conspicuous places throughout its plant. (d) Notify the Regional Director for the Tenth Region within ten days from the date of this Order of the steps the respondent has taken to comply herewith. AUSTELL CABINET COMPANY VI. 359° It is further understood and agreed that all future layoffs will be on the basis of seniority, and it is agreed that new em- ployees hired since April 4, 1941, the first day of the strike, will only be considered as having seniority from the first day of their employment, and will therefore be the first employees laid off.' VII The respondent hereby consents to the entry by the United States Circuit Court of- Appeals for the appropriate circuit, upon application of the Board of a consent decree enforcing an order of the Board in the form hereinabove set forth, and hereby waives further notice of the application for such decree. VIII That the execution of this stipulation shall conclude all pro- ceedings before the Board in the above -entitled case, and it is. expressly understood and agreed that this stipulation and the Order provided for herein shall be a complete and final disposition of all the issues raised by the charges and Complaint in this proceeding, and that no other further procedure, 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. IX It is expressly understood by the parties hereto that this stipulation does not constitute an admission by the respondent. of any of the allegations contained in the charge or the Complaint. herein, nor is it to be considered as an admission that the re- spondent has committed any unfair labor practice. X It is understood and agreed that this stipulation embodies the- entire agreement between the parties, and that there is no• verbal agreement of any kind which varies, alters, or adds to this. stipulation. XI It is understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board and shall become effective- immediately upon receipt of notice granting such. approval. 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 7, 1941, the Board issued its order approving the above stipulation, making it apart of the record in the case, 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 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 Austell Cabinet Company, a Georgia corporation having its office and place of business in Austell, Georgia, is engaged in the manufac- ture, sale, and distribution of furniture. During 1940 the respondent used approximately $200,000 worth of raw materials, about 50 per cent of which was shipped to the plant from outside the State of Georgia. During the same period the respondent manufactured about $380,000 worth of its products, approximately 60 per cent of which was shipped outside the State of Georgia. The respondent admits for the purposes of this case that it is en- gaged 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 above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Austell Cabinet Company, Austell, Georgia, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of the rights of its employees to self-organi- zation, to form, join, or assist labor organizations, to bargain collect- ively 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; (b) Refusing to bargain collectively with the United Furniture Workers of America, Local. #299 as the exclusive representative of the production and maintenance employees at the respondent's plant, but excluding clerical and supervisory employees, in respect to rates AUSTELL CABINET COMPANY 361 of pay, wages, hours of employment and other conditions of em- ployment. ' 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Upon request, bargain collectively with the United Furniture Workers of America, Local #299 as the exclusive representative of all the production and maintenance employees of respondent's plant, ex- clusive of clerical and supervisory employees, in respect to rates of pay, wages, hours of employment or other conditions of employment; (h) Upon application, offer to the employees whose names are listed in Appendix "A" of this Order and who went on strike on April 4, 1941, and who have not since been fully reinstated, immediate and full reinstatement to their former or substantially equivalent positions. without prejudice to their seniority or other rights and privileges; and place those other employees who went on strike and for whom employment is not immediately available upon a preferential list in the order of their seniority, and thereafter in accordance with such list offer to them employment in their former or substantially equivalent positions (without prejudice to their seniority or other rights and privileges) as such employment becomes available and before other persons are hired for such work. In the event any of the employees in Appendix "A" do not apply for reinstatement within seven (7) days from the date of the Board's Order approving this stipulation, sufficient names from the top of the departmental preferential list shall be added to Appendix "A" to replace those who do not apply, until twelve of the striking employees have been reinstated; (c) Post immediately, and keep posted for a period of at least sixty (60) consecutive days from the date of posting, copies of the above stipulation in conspicuous places throughout its plant; (d) Notify the Regional Director for the Tenth Region within, ten (10) days from the date of this Order of the steps the respondent has taken to comply herewith. APPENDIX "A" Machine Room Chas. Carver A. G. Thrower A. C. Perkins, Jr. Walker Burnette Cabinet Room G. W. Smith George McKoy A. C. Perkins, Sr. 362 DECISIONS J. S. Todd .Horace Queen Innes Knox R. D. Pitts B. A. Thrower B. O. Ellis :Sherman Nutt .Bob Pilgrim R. E. Long J. Q. Gore E. H. Bolton .John Robinson A. S. Jordan Wm. M. Kite Benny Davis Richard Jones John Waters, Jr. Clyde Gordon J. W. Owens OF NATIONAL LABOR RELATIONS BOARD Finishing Room Mason Hendrix Crating Room Upholstery Bill Arrington APPENDIX "B" PREFERENTIAL LIST Machine Room .Upholsters : C. A. Lunsford Claude Robinson Bill McGouirk Ernest Moss B. G. Ellis Robert Coggins Roy Lee Allen W. E. Reid Cabinet Room Steve Gordon H. W. Pilgrim R. A. Threadgill Warner James Oscar Cook Finishing Room J. W. Allen Robert Hanson Paul Bolden Crating Room E. S. Dewberry Thomas Allums Upholstery Room Helpers: George Jordan Willie Eason