Blocksom & Co.

National Labor Relations Board - Board Decisions

Mar 30, 1939

11 N.L.R.B. 1462 (N.L.R.B. 1939)

In the Matter of BLOCKSOM & COMPANY and TEXTILE WORKERS'
ORGANIZING COMMITTEE , LOCAL No. 99, C. I. O.
Case No. C-1211.-Decided March 30, 1939
Furniture and Mattress Padding Manufacturing Industry-Settlement : stipu-
lation providing for compliance with the Act, including reinstatement and back
pay; charges of, company domination , dismissed-Order: entered on stipulation.
Mr. Charles M. Brooks for the Board.
Mr. Richard L. Gray, of Los Angeles, Calif., for the respondent.
Mr. Charles Pfeiffer, of Los Angeles, Calif., for the T. W. O. C.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Textile Workers'
Organizing Committee, Local No. 99, affiliated with the Congress of
Industrial Organizations, herein called the T. W. O. C., the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Twenty-first Region (Los Angeles, California), is-
sued its complaint dated February 14, 1939, against Blocksom &
Company, Los Angeles, California, herein called the respondent, al-
leging that the respondent had engaged in and was engaging in un-
fair labor practices affecting commerce within the meaning of Section
8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of
the complaint and notice of hearing thereon were duly served on the
respondent and the T. W. O. C. On February 21, 1939, the respond-
ent filed its answer to the complaint in which it admitted the allega-
tions concerning its corporate structure and the nature of its business,
but denied the allegations of unfair labor practices.
Concerning the unfair labor practices, the complaint alleged, in
substance, that although a majority of the employees in an appropri-
ate unit designated the T. W. O. C. as their representative for the
purpose of collective bargaining, the respondent refused to bargain
collectively with the T. W. O. C.; that the respondent terminated the
11 N. L. R. B., No. 125.
1462
BLOCKSOM & COMPANY ET AL . 1463
employment of and refused to reinstate certain named employees
because they were members of and were active in behalf of the T. W.
O. C. and because they engaged in concerted activities with other
employees of the respondent for their mutual aid and protection; that
on or about May 25, 1938, the respondent dominated and interfered
with the formation of a labor organization of its employees; that the
respondent, by the afore-mentioned activities, and by requiring its
employees to sign new application cards, soliciting employees to
abandon the T. W. O. C., making derogatory remarks about labor
unions, and by other acts, interfered with, restrained, and coerced its
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
Pursuant to notice, a hearing was held on February 23, 27, and 28,
1939, at Los Angeles, California, before Henry W. Schmidt, the Trial
Examiner duly designated by the Board. The respondent, the T. W.
O. C.L and the Board participated in the hearing and were repre-
sented by counsel. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. On March 1, 1939, the respondent,
the T. W. O. C., and counsel for the Board entered into a stipulation
in settlement of the case. This stipulation provides as follows :
It is hereby stipulated and agreed by and between Chas. M.
Brooks, attorney for the National Labor Relations Board, Block-
som & Company, respondent herein, and Textile Workers'
Organizing Committee, Local 99, C. I. 0., that upon the record
taken in this matter and upon this stipulation the National Labor
Relations Board may order the Respondent, its officers, agents,
successors, and assigns to :
1. Cease and desist from :
A. Discouraging membership in the Textile Workers' Organ-
izing Committee, Local 99, C. I. 0., or in any other labor organi-
zation of its employees, by discriminating in regard to hire and
tenure of employment or any term or condition of employment.
B. In any other manner interfering with, restraining and co-
ercing its employees in the exercise of their rights of self organi-
gation, to form, join or assist labor organizations, bargain col-
lectively through representatives of their own choosing, and to
engage in concerted action for the purpose of collective bargain-
ing, and other mutual aid or protection as guaranteed in Section
7 of the National Labor Relations Act.
C. Refusing to bargain collectively with Textile Workers'
Organizing Committee, Local 99, as the sole, exclusive representa-
tive of all its production employees employed at the Los Angeles
branch with respect to rates of pay, wages, hours of employment,
1464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or other conditions of employment, unless and until another
appropriate unit shall have been decided under the National
Labor Relations Act.
2. Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
A. Offer to the following named employees reinstatement to
their previous positions without prejudice to their seniority
rights and other rights and privileges :
(1) Francisco Salazar, Sr.
(2) Joe Montoya.
(3) Frank Salazar, Jr.
(4) Morris Kobzeff.
(5) Jose Garcia.
B. Pay to the following named persons the amount of money
set opposite their respective names in full settlement for loss of
pay suffered, and any and all claims to which any of them Might
be entitled because of any matter set forth in the complaint in
this matter:
(1) Francisco Salazar, Sr------------------------ $113.33
(2) Joe Montoya--------------------------------- 113.33
(3) Frank Salazar, Jr---------------------------- 113.33
(4) Morris Kobzeff------------------------------- 75.00
(5) Jose Garcia ---------------------------------- 35.00
(6) Raymond Silva------------------------------- 25.00
(7) Sec Rodriguez-------------------------------- 25.00
C. Post immediately notices to its employees in conspicuous
places in the plant at Los Angeles, California, stating :
(1) That Respondent will cease and desist as aforesaid from
the acts hereinabove referred to.
(2) That Respondent's employees are free to join or assist any
labor organization.
(3) That Respondent will not discourage membership in Tex-
tile Workers' Organizing Committee, Local 99, or in any other
labor organization of its employees, by discriminating in regard
to hire and tenure of employment or any term or condition of
employment.
D. Maintain such notices for a period of at least sixty consecu-
tive days from the date of said posting, said posting to be made
immediately upon approval of this stipulation by the National
Labor Relations Board.
E. On request, to bargain collectively with the Textile Work-
ers' Organizing Committee, Local 99, as the sole exclusive repre-
sentative of all its production employees employed at the Los
Angeles branch with respect to rates of pay, wages, hours of
- BLOCKSOM & COMPANY ET AL. - - 1465
employment, and other conditions of employment, unless and
until another appropriate unit shall have been decided under the
National Labor Relations Act.
It is further stipulated and agreed by and between the parties
in the within matter that :
1. The National Labor Relations Board will dismiss para-
graphs 14 and 15 of its complaint in the within matter, and
paragraphs 17 and 18 in so far as they relate to paragraphs 14
and 15.
2. An enforcement order embodying the terms of the order to
be made by the National Labor Relations Board hereinabove
referred to may be entered by the United States Circuit Court
of Appeals for the Ninth Circuit, further notice of application
for said enforcement order from said Court being hereby
expressly waived.
3. This stipulation is made subject to the approval of the
National Labor Relations Board.
On March 7, 1939, the Board issued its Order approving the above
stipulation, making it part of the record in the case, and transferring
the proceeding to the Board for the purpose of entry of a decision
and order by the Board.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT 1
The respondent , an Illinois corporation with its principal office and
place of business at Michigan City, Indiana, is qualified to do busi-
ness in the State of California and maintains a branch office at Los
Angeles, California (hereinafter called the Los Angeles branch). In
addition to the Los Angeles branch , the respondent has other
branches at Jersey City, New Jersey ; Cleveland , Ohio ; and Grand
Rapids, Michigan . The respondent is engaged in the manufacture
and sale of sisal pads under the trade name of "fobafima ," which
pads are used in furniture manufacturing and mattress making.
The principal raw materials used by the respondent in its Los An-
geles branch consist of hog hair and cattle hair , moss, sisal, and bur-
lap. Part of the hog hair and cattle hair is purchased from meat
packers located in the Los Angeles area. Part of the hog hair and
cattle hair is obtained from the main plant of the respondent at
Michigan City, Indiana . The Los Angeles branch of the respondent
1 The findings in this section are based on stipulated facts.
1466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purchases all of its moss from Florida, all of its sisal from Java and
Mexico, and all of its burlap from India and Belgium. The total
purchases of raw materials for the Los Angeles branch made by the
respondent during the year 1938 amount to $87,101.56, of which
amount $9,907.28 was purchased within the State of California and
$77,194.28 was purchased outside the State of California and shipped
to the respondent's branch at Los Angeles, California.
The total sales of the respondent at its Los Angeles branch during
the year 1938 amounted to $139,454.81, of which sales $119,318.29
was sold and shipped to customers within the State of California, and
$20,136.52 (or approximately 15 per cent of the total sales) was sold
and shipped to customers in Scotland; Honolulu, Hawaii; State of
Arizona; State of Oregon; State of Washington; and State of Utah.
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
National Labor Relations Act, the National Labor Relations Board
hereby orders that Blocksom & Company, Los Angeles, California,
and its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in the Textile Workers' Organizing
Committee, Local 99, C. I. 0., or in any other labor organization of
its employees, by discriminating in regard to hire and tenure of
employment or any term or condition of employment;
(b) In any other manner interfering with,'restraining, and coerc-
ing its employees in the exercise of their rights of self-organization,
to ;form, join, or assist labor organizations, bargain collectively
through representatives of their own choosing, and to engage in con-
certed action for the purpose of collective bargaining, and other mu-
tual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act;
(c) Refusing to bargain collectively with Textile Workers' Organ-
izing Committee, Local 99, as the sole exclusive representative of all
its production employees employed at the Los Angeles branch with
respect to rates of pay, wages, hours of employment, or other condi-
tions of employment, unless and until another appropriate unit shall
have been decided under the National Labor Relations Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
BLOCKSOM & COMPANY ET AL . 1467
(a) Offer to the following named employees reinstatement to their
previous positions without prejudice to their seniority rights and
other rights and privileges :
(1) Francisco Salazar, Sr.
(2) Joe Montoya.
(3) Frank Salazar, Jr.
(4) Morris Kobzeff.
(5) Jose Garcia.
(b) Pay to the following named persons the amount of money set
opposite their respective names in full settlement for loss of pay
suffered, and any and all claims to which any of them might be en-
titled because of any matter set forth in the complaint in this matter :
(1) Francisco Salazar, Sr------------------------- ----- $113.33
(2) Joe Montoya -------------------------------------- 113.33
(3) Frank Salazar, Jr------------------ --------------- 113.33
(4) Morris Kobzeff----------------- ------------------- 75.00
(5) Jose Garcia --------------------------------------- 35.00
(6) Raymond Silva------------------------------------ 25.00
(7). Sec Rodriguez -- --------------------------------- 25.00
(c) Upon request, bargain collectively with the Textile Workers'
Organizing Committee, Local 99, as the sole exclusive representative
of all production employees employed at the Los Angeles branch with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment, unless and until another appropriate unit shall
have been decided under the National Labor Relations Act;
(d) Immediately post notices in conspicuous places in the plant in
Los Angeles, California, and maintain such notices for a period of at
least sixty (60) consecutive days from the date of said posting,2 stat-
ing (1) that the respondent will cease and desist as aforesaid,
(2) that respondent's employees are free to join or assist any labor
organization, and (3) that respondent will not discourage membership
in Textile Workers' Organizing Committee, Local 99, or in any other
labor organization of its employees, by discriminating in regard to
hire and tenure of employment, or any term or condition of
employment.
AND IT IS FURTHER ORDERED that the allegations of paragraphs 14
and 15 of the Board's complaint and the allegations of paragraphs 17
and 18 of the complaint in so far as they relate to paragraphs 14 and
15 be, and the same hereby are, dismissed.
' If posting was made upon approval of the stipulation by the Board, as provided
therein, this section of the older shall not be deemed to require a new posting.