Gradwohl House, Inc.

National Labor Relations Board - Board Decisions

Apr 20, 1964

146 N.L.R.B. 977 (N.L.R.B. 1964)

GRADWOHL HOUSE, INC. 977
in conspicuous places, including all places where notices to employees are customarily
posted . Reasonable steps shall be taken by the Respondent to insure that said
notices are not altered , defaced , or covered by any other material.
(c) Notify the Regional Director for the Thirteenth Region , in writing , within 20
days from the receipt of this Decision and Recommended Order , what steps the Re-
spondent has taken to comply herewith .6
6 In the event that this Recommended Order be adopted by the Board , this provision
shall be modified to read: "Notify said Regional Director , in writing , within 10 days from
the date of this Order, what steps the Respondent has taken to comply herewith."
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board , and in order to effectuate the policies of the National Labor Rela-
tions Act, we hereby notify our employees that:
WE WILL bargain collectively , upon request , with Insurance Workers Inter-
national Union , AFL-CIO, as the exclusive bargaining representative of all em-
ployees in the bargaining unit described below concerning rates of pay , wages,
hours of employment , and other conditions of employment , and, if an under-
standing is reached , embody it in a signed agreement. The bargaining unit is:
All Metropolitan insurance consultants and all canvassing agents and
regular and office - account agents of the Employer at the district offices
and detached offices located within the city limits of Chicago, Illinois, but
excluding retired agents, managers , assistant managers, cashiers , clerical
employees , secretaries , professional employees , guards, watchmen, and su-
pervisors as defined in the Act.
WE WILL NOT refuse to bargain collectively as aforesaid , nor will we in any
like or related manner interfere with , restrain , or coerce our employees in the
exercise of the right to bargain collectively through the said Union.
METROPOLITAN LIFE INSURANCE COMPANY,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered , defaced , or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, Midland
Building 176 West Adams Street, Chicago , Illinois, 60603, Telephone No. Central
6-9660, if they have any question concerning this notice or compliance with its
provisions.
Gradwohl House , Inc. and Carpet, Linoleum and Soft Tile Layers
Union No. 1238, affiliated with the International Brotherhood
of Painters, Decorators and Paper Hangers of America, AFL-
CIO. Case No. AO-73. April 20, 1964
• , ADVISORY OPINION
This is a petition filed on March 9, 1964, by Carpet, Linoleum and
Soft Tile Layers Union No. 1238, affiliated with the International
Brotherhood of Painters, Decorators and Paper Hangers of America,
AFL-CIO, herein called the Petitioner, for an Advisory Opinion in
conformity with Section 102.98 and 102.99 of the National La_bor
Relations Board's Rules and Regulations, Series 8, as amended.
146 NLRB No. 117.
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In pertinent part, the petition alleges that :
1. There is pending in the Superior Court of the State of Washing-
ton for Snohomish County, an injunction proceeding, Cause No.
78865, instituted by Gradwohl House, Inc., herein called the Employer,
to secure a permanent injunction against the Petitioner's picketing
a location where carpet sold by the Employer was being installed.
The Employer alleges in the court proceeding that the Petitioner
does not represent any of its employees and that it is picketing-in
order to force the Employer to recognize and bargain with the
Petitioner.
2. In its answer to the Employer's complaint, the Petitioner asserts
that the Employer's business is subject to the National Labor Relations
Board's current jurisdictional standards and that the legality of its
picketing is a question within the exclusive jurisdiction of the Board.
3. On February 21, 1964, the Honorable Edward M. Nollmeyer,
judge of the superior court, dissolved an earlier ex parte restraining
order and issued a new order restraining the Petitioner from picket-
ing although the judge indicated that he did not have sufficient facts
before him to rule on the jurisdiction of the National Labor Relations
Board. Trial in the injunction proceeding has been set for April 15,
1964.
4. The Employer, a Washington corporation, has its principal place
of business at 5252 Highway 99 South, Everett, Washington, where it
is engaged in the general business of selling carpets and installing
carpets in residences, apartment houses, and commercial buildings.
Its corporate object and purpose is to engage in the general business
of buying, selling, distributing, jobbing, wholesaling, retailing, ex-
porting, importing, delivering, owning, operating, and generally deal-
ing in the business of rug and carpet service. Prior to its incorpora-
tion in October 1963, the Employer had been operating as a sole
proprietorship.
5. During the calendar year 1963, the Employer made purchases of
carpet directly from out of the State of Washington in the sum of
$55,017,69. In addition, it purchased locally carpeting which origi-
nated outside the State in the sum of $64,356.11. During the same
period, its gross sales amounted to $166,586.79 of which $28,545.88 were
wholesale sales to businesses, institutions, and owners of new apart-
ment houses.'
6. The State court has made no findings as to the aforesaid com-
merce data.
.7. No representation or unfair labor practice proceeding involving
or concerning the picketing is presently pending before the Board.
1 Bu88ey-Williams Tire Co., Inc., 122 NLRB 1146.
MELROSE PROCESSING COMPANY 979
8. Although served with a copy of the petition for Advisory Opin-
ion, no response as provided by the Board's Rules and Regulations
has been filed by the Employer.
On the basis of the above, the Board is of the opinion that:
1. The Employer is a wholesale and retail enterprise engaged
generally in the business of buying, selling, and installing rugs and
carpets in Everett, Washington.
2. The Board has determined that where a single integrated enter-
prise encompasses both retail and nonretail operations it will assert
jurisdiction if the total operations of the enterprise meet either the
Board's retail or nonretail standards 2
3. The current standard for the assertion of jurisdiction over non-
retail enterprises within the Board's statutory jurisdiction requires an
annual minimum of $50,000 out-of-State inflow or outflow, direct or
indirect. Siernons Mailing Service, 122 NLRB 81, 85, 88. The Em-
ployer's more than $50,000 purchases directly from out of the State
of Washington constitute direct inflow under the Board's Siemons
decision and would satisfy the current standard for the assertion of
jurisdiction over nonretail enterprises.
Accordingly, the parties are advised under Section 102.103 of the
Board's Rules and Regulations, Series 8, as amended, that upon the
allegations submitted herein the Board would assert jurisdiction over
the Employer's operations with respect to disputes cognizable under
Sections 8, 9, and 10 of the Act.
2 Harry Tancredi, 137 NLRB 743; Indiana Bottled Gas Company, 128 NLRB 1441;
Man Products, Inc., 128 NLRB 546.
Melrose Processing Company and United Packinghouse, Food,
and Allied Workers Union of America , AFL-CIO. Case No.
18-CA-1661. April 21, 1964
DECISION AND ORDER
On December 4, 1963, Trial Examiner Frederick U. Reel issued his
Decision in the above-entitled proceeding, finding that the Respondent
had engaged in and was engaging in certain unfair labor practices and
recommending that it cease and desist therefrom and take certain af-
firmative action, as set forth in the attached Trial Examiner's De-
cision. Thereafter, the Respondent filed exceptions to the Trial Ex-
aminer's Decision and a brief.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman McCulloch and Members
Leedom and Jenkins].
146 NLRB No. 118.