International Furniture Company

National Labor Relations Board - Board Decisions

May 26, 1939

12 N.L.R.B. 1277 (N.L.R.B. 1939)

In the Matter Of INTERNATIONAL FURNITURE COMPANY and UPHOL-
STERERS', FITRNITIIRE, CARPET, LINOLEUM & AWNING WORKERS'
INTERNATIONAL UNION OF NORTH AMERICA, LOCAL #10, AFFILIATED
WITH THE AMERICAN FEDERATION or LABOR
Case No. C-1120.Decided May 26, 1939
Furniture Industry-Settlement : stipulation providing for compliance with
the Act, 'including disestablishment of and abrogation of contracts with com-
pany-dominated union , and reinstatement of employees-Order: entered on
stipulation.
Mr. Colonel C. Sawyer, for the Board.
Mr. Jackiel W. Joseph, of Indianapolis, Ind., for the respondent.
Mr. Joseph M. Jacobs, Mr. Alfred Rota, and Mr. Roy Grow, of
Chicago, Ill., for the Union.
Afr. Edwin L. Swope, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On September 10, 1937, Upholsterers & Furniture Workers Union,
Local No. 24,1 filed with the Regional Director for the Eleventh
Region (Indianapolis, Indiana), a charge alleging that International
Furniture Company, Chicago, Illinois, herein called the respondent,
had engaged in unfair labor practices within the meaning of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act, at its
plant in Rushville, Indiana. On April 8, 1938, Upholsterers', Fur-
niture, Carpet, ' Linoleum & Awning Workers' International Union
of North America, Local #10, herein called the Union, filed with
the Regional Director for the Sixth Region (Pittsburgh, Pennsyl-
vania), a charge alleging that the respondent had engaged in unfair
labor practices within the meaning of the Act at its plant in Pitts-
burgh, Pennsylvania. On April 14, 1938, Upholsterers', Furniture,
Carpet, Linoleum & Awning Workers' International Union of North
America, filed with the Regional Director for the Eleventh Region,
a petition alleging that a question affecting commerce had arisen con
1 This charge was apparently filed on behalf of Local 186, and the amended charges,
subsequently filed , dealing with the same matters , were filed by Local 186.
12 N. L. R. B., No. 123.
1277
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cerning representation of employees of the respondent and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the Act. On June 22, 1938, the National Labor Relations
Board, herein called the Board, issued an order (1) transferring to
and continuing in the Eleventh Region the case initiated by the
filing of the charge in the Sixth Region,2 (2) directing the Regional
Director for the Eleventh Region to conduct an investigation in the
representation case and to provide for an appropriate hearing upon
due notice, and (3) consolidating all three cases for purposes of
hearing. Thereafter, Upholsterers & Furniture Workers Union,
Local 186 filed amended charges. Upon the charges and amended
charges, the Board, by Robert H. Cowdrill, Regional Director for
the Eleventh Region, issued its complaint dated July 28, 1938, against
the respondent alleging that the respondent had engaged in and was
engaging in unfair labor practices at its Rushville, Indiana, plant
and at its Pittsburgh, Pennsylvania, plant, within the meaning of
Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the Act.
Copies of the complaint accompanied by notice of hearing were duly
served upon the parties. Thereafter, the respondent filed its answer,
dated August 15, 1938, to the complaint admitting that it was en-
gaged in interstate commerce as alleged in the complaint, but denying
that it had engaged in the alleged unfair labor practices.
Pursuant to notice, a hearing on the consolidated cases was held at
Rushville, Indiana, on August 29, 30, 31, September 1, 2, 6, 7, 8, 9,
12, 13, and 14, 1938, before Wright Clark, the Trial Examiner duly
designated by the Board. The Board, the respondent, and the unions
were represented by counsel and participated in the hearing. During
the hearing counsel for the Board introduced in evidence a stipula-
tion, entered into on September 12, 1938, by the respondent, the
Union, and counsel for the Board, settling the case initiated by the
charges filed in the Sixth Region concerning the alleged unfair
labor practices at the Pittsburgh plant, subject to the approval of
the Board. With regard to these unfair labor practices the com-
plaint alleged in substance that the respondent during April 1937
instigated the formation of a labor organization among the employees
at its Pittsburgh plant, known as Employees' Welfare Association
of the International Furniture Company, and thereafter fostered,
promoted, and encouraged the formation and growth of said Associa-
tion; that the respondent during November and December 1937
discharged and thereafter refused to reinstate four named persons
because of their affiliation with the Union and for the purpose of
discouraging membership in the Union ; and that by the above and
other acts and conduct, the respondent interfered with, restrained,
2 Pursuant to Article II, Section 37 (c), of National Labor Relations Board Rules and
Regulations-Series 1, as amended.
INTERNATIONAL FURNITURE COMPANY 1279
and coerced its employees at the Pittsburgh plant in the exercise of
the rights guaranteed in Section 7 of the Act. On January 16, 1939,
the Board issued an order approving the stipulation and making
it a part of the record , and transferring to and continuing before
the Board the case concerning the unfair labor practices at the Pitts-
burgh plant for the purpose of entering a decision and order by the
Board pursuant to the provisions of the stipulation . On April 19,
1939 , the Board issued an order severing the case concerning the
unfair labor practices at the Rushville , Indiana, plant from the other
two cases and on May 12 , 1939, issued an order severing these two
cases and continuing them as separate proceedings.
The instant decision and order concern only Case No. C-1120,
which involves only the unfair labor practices at the Pittsburgh
plant. The stipulation, as agreed upon by the parties and approved
by the Board, provides as follows :
It is hereby stipulated and agreed by and among Interna-
tional Furniture Company, by Maurice Sperling , Manager of
the Pittsburgh plant, Upholsterers ', Furniture , Carpet, Linoleum
& Awning Workers' International Union of North America,
Local #10, affiliated with the American Federation of Labor,
by William Kohn, International Vice President of Upholsterers',
Furniture , Carpet, Linoleum & Awning Workers' International
Union of North America, and Robert H. Kleeb, Regional Attor-
ney, National Labor Relations Board, as follows :
1. The International Furniture Company is an Illinois cor-
poration , incorporated July 6 , 1920, having its principal office
and place of business in the City of Chicago, at 2127 South
Racine Avenue, County of Cook, State of Illinois , and is engaged
at the following places of business : Chicago, County of Cook,
State of Illinois; Rushville , County of Rush, State of Indiana;
St. Louis, County of St. Louis, State of Missouri ; Pittsburgh,
County of Allegheny, Commonwealth of Pennsylvania (herein-
after referred to as the Pittsburgh plant). The said Interna-
tional Furniture Company is engaged at these plants in the
manufacture , sale, and distribution of home furniture . In 1937,
more than fifty per cent (507o) of the Company 's raw products,
(purchased for the Pittsburgh plant), consisting principally of
kapoc, cotton threads, tacks , wire springs , cotton webbing, but-
tons , braid, burlap , upholsterers',ploth and lumber, and products
used in the manufacture , sale, and distribution of the afore-
mentioned articles were purchased from sources from without
the Commonwealth of Pennsylvania , and transported to the
Company's Pittsburgh plant. In 1937, approximately thirty
per cent ( 30%) of the finished products of the Pittsburgh plant
of the Company were shipped by the Pittsburgh plant to points
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
outside the Commonwealth of Pennsylvania. During the first
six (6) months of 1938 the raw materials purchased for the
Pittsburgh plant amounted to the value of Ninety-five Thousand
and Nd/100 ($95,000.00) Dollars. During the first six (6)
months of 1938 the Pittsburgh plant had an output of forty-five
hundred (4500) two-piece living room suites. These said living
room suites being the principal production of the Pittsburgh
plant.
The International Furniture Company admits that it is en-
gaged in interstate commerce within the meaning of Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449.
2. Upon the basis of facts stipulated in paragraph 1 above,
this Stipulation, and by agreement of the parties hereto, the
National Labor Relations Board may enter an Order in case No.
XI-C-418 (VI-C-222).
3. The said Order shall provide as follows :
(1) The International Furniture Company, its officers, agents,
successors, and assigns shall cease and desist from in any manner
interfering with, restraining, or coercing its employees at its
Pittsburgh plant in the exercise of their right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining, or other mutual aid or protection.
(2) The International Furniture Company, its officers, agents,
successors, and assigns, shall cease and desist at its Pittsburgh
plant from in any manner discouraging membership in the Up-
holsterers', Furniture, Carpet, Linoleum & Awning Workers'
International Union of North America, Local x$10, or any other
labor organization of its employees, by discrimination in regard
to their hire or tenure of employment because of their member-
ship in, or activity in behalf of, any such labor organization.
(3) The International Furniture Company, its officers, agents,
successors, and assigns, shall cease and desist at its Pittsburgh
plant from dominating or interfering with the administration
of the Employees' Welfare Association of the International Fur-
niture Company, or dominating or interfering with the forma-
tion or administration of any other labor organization of its
employees or contributing financial or other support to the
Employees' Welfare Association of the International Furniture
Company, or to any other labor organization of its employees,
and from giving effect or validity to any and all contracts now
in existence between the Employees' Welfare Association of
International Furniture Company and the International Furni-
ture Company.
INTERNATIONAL FURNITURE COMPANY 1281
(4) The International Furniture Company, its officers, agents,
successors, and assigns shall take the following affirmative action
in order to effectuate the policies of the National Labor Relations
Act:
(a) Withdraw all recognition from the Employees' Welfare
Association of the International Furniture Company as repre-
sentative of its employees at its Pittsburgh plant for the purpose
of dealing with the International Furniture Company concern-
ing grievances, labor disputes, wages, rates of pay, hours of
employment, or other conditions of employment; completely
disestablish the Employees' Welfare Association of the Interna-
tional Furniture Company as such representative; and abrogate
and render null and void any and all contracts existing between
the Employees' Welfare Association of the International Furni-
ture Company and the International Furniture Company.
(b) Offer to John Woleta, James DeCicco, Peter Polowszcak,
and Anthony Janusewicz immediate and full reinstatement to
their former or substantially equivalent positions at its Pitts-
burgh plant, without prejudice to their seniority and other rights
and privileges previously enjoyed.
(c) Post immediately in conspicuous places throughout its
Pittsburgh plant, and maintain for a period of at least thirty
(30) consecutive days, notices stating that,-
I. The International Furniture Company will cease and desist
in the manner aforesaid.
II. The International Furniture Company employees at its
Pittsburgh plant will not be interfered with, restrained, or co-
erced in the exercise of their rights to self-organization, to bar-
gain collectively with representatives of their own choosing, and
to engage in other mutual aid or protection.
III. The International Furniture Company has withdrawn all
recognition from the Employees' Welfare Association of the
International Furniture Company as a representative of its em-
ployees for the purpose of dealing with the International Furni-
ture Company concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or other conditions of em-
ployment; and that the said Employees' Welfare Association is
completely disestablished as such representative.
IV. That any and all contracts existing between the Interna-
tional Furniture Company and the Employees' Welfare Associa-
tion of the International Furniture Company have been abrogated
and are null and void.
(d) Notify the Regional Director for the Sixth Region within
ten (10) days of the service of this Order, by a detailed report
1282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in writing, the manner and form in which it has complied with
the said Order.
4. The Order of the National Labor Relations Board, as set
out in paragraph 3 hereof, may be embodied in a decree of the
United States Circuit Court of Appeals for the appropriate cir-
cuit, the International Furniture Company hereby waiving any
further notice of the application for such decree.
5. It is expressly understood and agreed that this Stipulation
is subject to the approval of the National Labor Relations
Board.
Upon the basis of the stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is an Illinois corporation and has its principal
office and place of business in Chicago, Illinois. It is engaged in
the manufacture, sale, and distribution of home furniture at its four
plants located in Chicago, Illinois; Rushville, Indiana; St. Louis,
Missouri ; and Pittsburgh, Pennsylvania. During 1937 more than
50 per cent of the raw materials used at its Pittsburgh plant were
purchased by the respondent from sources outside the State of
Pennsylvania and transported to the Pittsburgh plant. These ma-
terials consisted principally of kapok, cotton threads, tacks, wire
springs, cotton webbing, buttons, braid, burlap, upholsterers' cloth,
and lumber. During the first 6 months of 1938 the raw materials
purchased for the Pittsburgh plant amounted to $95,000 in value.
In 1937 approximately 30 per cent of the finished products of the
Pittsburgh plant were shipped to points outside Pennsylvania. Dur-
ing the first 6 months of 1938 the output of the Pittsburgh plant
was 4,500 two-piece living-room suites.
We find that the above-described operations of the respondent con-
stitute trade, traffic, and commerce among the several States.
The respondent admits that it is engaged in commerce within the
meaning of the Act.
ORDER
Upon the basis of the above findings of fact and 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, International Furniture
Company, Chicago, Illinois, and its officers, agents, successors, and
assigns shall:
INTERNATIONAL FURNITURE COMPANY 1283
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees at its Pittsburgh plant in the exercise of their right to
self-organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective bar-
gaining, or other mutual aid or protection;
(b) In any manner discouraging membership in Upholsterers',
Furniture, Carpet, Linoleum & Awning Workers' International Union
of North America, Local #10, or any other labor organization of its
employees at its Pittsburgh plant by discrimination in regard to
their hire or tenure of employment because of their membership in,
or activity in behalf of, any such labor organization;
(c) Dominating or interfering with the administration of Em-
ployees' Welfare Association of the International Furniture
Company, or dominating or interfering with the formation or ad-
ministration of any other labor organization of the employees at its
Pittsburgh plant, or contributing financial or other support to said
Association or to any other labor organization of its employees at
its Pittsburgh plant; and from giving effect or validity to any and
all contracts now in existence between said Association and the
respondent.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Withdraw all recognition from the Employees' Welfare As-
sociation of the International Furniture Company as representative
of its employees at its Pittsburgh plant for the purpose of dealing
with the respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or other conditions of employ-
ment; completely disestablish the Employees' Welfare Association of
the International Furniture Company as such representative; and
abrogate and render null and void any and all contracts existing
between said Association and the respondent;
(b) Offer to John Woleta, James DeCicco, Peter Polowszcak, and
Anthony Janusewicz immediate and full reinstatement to their
former or substantially equivalent positions at its Pittsburgh plant,
without prejudice to their seniority and other rights and privileges
previously enjoyed;
(c) Post immediately in conspicuous places throughout its Pitts-
burgh plant, and maintain for a period of at least thirty (30) consecu-
tive days, notices stating that:
(1) The International Furniture Company will cease and desist in
the manner aforesaid; (2) The International Furniture Company em-
ployees at its Pittsburgh plant will not be interfered with, restrained;
169124-39-vo1 12-82
1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or coerced in the exercise of their rights to self-organization, to
bargain collectively with representatives of their own choosing, and
to engage in other mutual aid or protection; (3) The International
Furniture Company has withdrawn all recognition from the Em-
ployees' Welfare Association of the International Furniture Company
as a representative of its employees for the purpose of dealing with
it concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment; and that the said
Employees' Welfare Association is completely disestablished as such
representative; (4) that any and all contracts existing between the
International Furniture Company and the Employees' Welfare As-
sociation of the International Furniture Company have been abro-
gated and are null and void;
(d) Notify the Regional Director for the Sixth Region within ten
(10) days of the service of this Order, by a detailed report in writing,
the manner and form in which it has complied with the said Order.