Little Rock Furniture Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 13, 1940

24 N.L.R.B. 682 (N.L.R.B. 1940)

In the Matter of LITTLE ROCK FURNITURE MANUFACTURING COMPANY
and UNITED FURNITURE WORKERS OF AMERICA, AFFILIATED WITH THE
C. 1. 0.
Case No. C-1590.-Decided June 13, 1940
Furniture Manufacturing and Jobbing Industry-Settlement: stipulation and
supplemental stipulation providing for compliance with the Act, including post-
ing of notices, back pay, and reinstatement to enumerated employees and back
pay to other enumerated employees ; complaint dismissed with respect to other
employees-Order: entered on stipulation and agreement as supplemented and
on the record.
Mr. C. Paul Barker, for the Board.
Mr. E. B. Par/ian, of Little Rock, Ark., for the respondent.
Mr. Davis Spears, of Fort Smith, Ark., for the Union.
Mr. S. 0. Lippman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges 1 duly filed by United Furni-
ture Workers of America, affiliated with the Congress of Industrial
Organizations, a labor organization herein called the Union, the
National Labor Relations Board, herein called the Board, by Charles
H. Logan, Regional Director for the Fifteenth Region (New Orleans,
Louisiana), issued its complaint dated March 15, 1940, against Little
Rock Furniture Manufacturing Company, Little Rock, Arkansas,
herein called the respondent, alleging that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce, within the meaning of Section 8 (1) and (3) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. A copy of the complaint, accompanied by notice of
hearing, was duly served upon the respondent and upon the Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent, (1) on or about March 17, 1937, laid
1 There were two amended charges filed. The first amended charge was filed on
November 29, 1939. Thereafter, on March 14, 1940, although not formally designated as
such, a second amended charge was filed.
24 N. L. R. B., No. 66.
682
LITTLE ROCK FURNITURE MANUFACTURING COMPANY 683
off 10 named employees 2 for a period of from 1 day to 1 week, and
terminated the employment of Earl Groom, John Merritt, and James
Wilkerson, and on or about May 15, 1937, terminated the employment
of Clifford Harrell, for the reason that the afore-mentioned employees
and each of them had engaged in or attempted to engage in or were
thought by the respondent to have engaged in concerted activity for
the purpose of collective bargaining or other mutual aid and protec-
tion; and that since said dates it has failed or refused to reinstate and
to employ Earl Groom, John Merritt, James Wilkerson, and Clifford
Harrell; (2) on or about January 11, 1939, discharged or laid off
eight named employees 3 and has since said date failed or refused to
reinstate them and to employ each of these employees, and on or about
the same date laid off Frank Clark and C. B. Jones and refused to
reinstate them until May 4, 1939, for the reason that they and each
of them assisted the Union or engaged in other concerted activity for
the purpose of collective bargaining or other mutual aid and protec-
tion; (3) on or about January 27, 1939, terminated the employment
of Homer Cheatham, Hubert Cheatham, and J. D. Henard, and on
or about March 4, 1939, terminated the employment of S. E. Thomas
and Walter E. Squires for the reason that they and each of them
joined and assisted the Union or engaged in other concerted activity
for the purpose of collective bargaining or other mutual aid and pro-
tection, and since said dates it has failed or refused to reinstate and
to employ each of the afore-mentioned employees; (4) on or about
March 27, 1937, to the date of the issuance of the complaint on March
15, 1940, advised its employees on numerous and divers occasions that
there would be no union in the plant, that the employees did not need
a labor organization, that the employees who did not join the Union
would have steady employment, that if the Union did not cease its
attempts to organize none of the employees would have jobs, and that
its employees should "keep their mouths shut" concerning the Union;
(5) inquired of employees regarding membership in the Union in order
to prevent employees joining the Union; (6) at various times and
places enumerated in the complaint, spied on union meetings and
near the homes of employees known to be interested in union affairs;
and (7) by all of the acts above set forth and each of them and other
acts and conduct, interfered with, restrained, and coerced and is inter-
fering with, restraining, and coercing its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
On March 26, 1940, the respondent filed an answer which it later
withdrew. Thereafter, on April 14, the respondent, the Union, and
2 Clifford Harrell, Calvin Lane, W. H. Shirley, J. E. Shirley, Oscar Whitfield, Hallie T.
Shirley, Winfred Whitfield, Aaron Otts, Clifford Otts, Wayman Westerman.
3 Toliver Cullins, Charles Williams, Harley Squires, W. W. Smith, Bruno Haustein,
Winfred J. Whitfield, Ray Grimes, Vollie Smith.
684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
counsel for the Board entered into a stipulation and on April 17 into
a supplemental stipulation in settlement of the case, subject to approval
by the Board. The stipulation and agreement, as supplemented 4
provides, as follows :
It is hereby stipulated and agreed by and between the Little
Rock Furniture Manufacturing Company, Little Rock, Arkansas,
herein referred to as the respondent, and the United Furniture
Workers of America, affiliated with the Congress of Industrial
Organizations, herein referred to as the Union, and C. Paul
Barker, attorney for the National Labor Relations Board, herein
called the Board, as follows :
1. Respondent withdraws its answer filed in this proceeding.
2. Respondent admits the allegations of Paragraphs 1 through
4 inclusive, of the Complaint issued herein on the 15th day of
March, 1940.
3. Respondent admits that in the years 1938 and 1939 the total
value of all raw materials used in the manufacture of its products
was in excess of $100,000.00 of which in excess of 40 percent in
value was purchased in States of the United States other than
the State of Arkansas and shipped to its plant at Little Rock,
Arkansas from and through states of the United States other than
the State of Arkansas.
4. Respondent admits that in the years 1938 and 1939 the total
value of its finished products amounted to in excess of $600,000.00
of which in excess of 50% was sold and shipped to States of the
United States other than the State of Arkansas.
5. Respondent admits that it is engaged in commerce within
the meaning of Section 2, subsections (6) and (7) of the National
Labor Relations Act.
6. The respondent admits the allegations of Paragraph 5 of the
said complaint.
7. Respondent and the Union acknowledge that they have been
duly served in accordance with the present Rules and Regulations
of the Board, with a copy of the Amended Charge dated March
14, 1940, Complaint and Notice of Hearing in this matter, and by
this Stipulation, and for the express purpose thereof and the
order herein set forth each waives their respective rights to file
any answer or further pleadings in this matter and waives the
hearing provided for in the Notice of Hearing as issued, and all
further Notices or Hearings with respect to said Complaint, to
which they may be entitled under the present Rules and Regula-
tions of the Board.
4 The supplemental stipulation provided among other things that wherever the name
Winfred Whitfield appeared in the record , the record should be amended to set forth
Winfred J. Whitfield.
LITTLE ROCK FURNITURE MANUFACTURING COMPANY 685
8. Said Amended Charge, Complaint and Notice of Hearing
and this Stipulation upon submission to the Chief Trial Examiner
of the Board, shall constitute the entire record in this case and
shall dispense with any further proceeding and close the record.
9. This Stipulation is made subject to the approval of the Board
and upon such. approval shall become binding upon the parties
hereto; all matters contained in the Amended Charge, and Com-
plaint are finally disposed of in accordance with the terms of this
Stipulation. If not so approved this Stipulation shall be without
prejudice to any party. All waivers and admission of all parties
hereto are made only for the purpose of this Stipulation and
proceeding.
10. Upon the basis of the record and in accordance with this
Stipulation the Board shall issue the following order :
ORDER
UPON THE BASIS OF TIIE STIPULATION AND THE RECORD , the National
Labor Relations Board hereby orders that the respondent, the
Little Rock Furniture Manufacturing Company, Little Rock,
Arkansas, and its officers, agents, and successors and assigns, shall :
1. Refrain from :
(a) Discouraging membership in the United Furniture Workers
of America or any other labor organization of its employees by
discharging any of its employees or in any other manner dis-
criminating in regard.to their hire or tenure of employment or
any term or condition of their employment.
(b) In any other manner interfering with, restraining, or coerc-
ing its employees in the exercise of their rights 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 purposes of collective bar-
gaining and other mutual aid and protection as guaranteed in
Section 7 of the Act.
2. Take the following affirmative action :
(a) Offer to the Employees listed in Appendix A and to each
of them immediate and full reinstatement to their former or to
substantially equivalent positions without prejudice to the
seniority and other rights. and privileges.
(b) Make whole the employees listed in Appendix B for any
loss of pay they have suffered by reason of their respective dis-
charges by payment to each of them the sum set opposite their
name.
(c) Post immediately in conspicuous places throughout its
plant and keep posted for a period of at least sixty consecutive
686 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days from the date of posting, the Notice set forth in Appen-
dix C.
(d) Notify the Regional Director for the Fifteenth Region
within ten days from the date of this Order what steps it has
taken to comply herewith.
And it is further ordered that the Complaint insofar as it
alleges that the respondent engaged in unfair labor practices by
discharging or refusing to reinstate or otherwise discriminating
against Calvin Lane, W. H. Shirley, J. E. Shirley, Oscar Whit-
field, Hallie T. Shirley, Aaron Otts, Clifford Otts, Wayman Wes-
terman, Earl Groom, John Merritt, James Wilkerson, Hubert
Cheatham, Frank Clark, C. B. Jones and, only as regards the
lay-off of March 17th, 1937, Clifford Harrell, and Winfred J.
Whitfield, be and the same hereby is, dismissed.
11. That the United States Circuit Court of Appeals for the
Eighth Circuit at St. Louis, Missouri shall upon application
therefor by the Board, enter a Decree in accordance with the
Order stipulated in Paragraph 10 without further notice to the
respondent.
12. The entire agreement between the parties hereto is con-
tained within the terms of this Stipulation and there is no verbal
agreement of any kind which varies, alters or adds to the terms
of this Stipulation.
On May 27, 1940, the Board issued an order approving the above
stipulation and agreement, as supplemented, making it part of the
record herein, and pursuant to Article II, Section 36, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
transferring the proceedings to the Board for the purpose of entry
of a decision and order by the Board.
Upon the above stipulation and agreement and upon the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, Little Rock Furniture Manufacturing Company,
is an Arkansas corporation having its principal office and place of
business in Little Rock, Arkansas. It is engaged in the manufacture,
sale, distribution, and jobbing of household furniture, mattresses, and
floor coverings, and in the course of its business maintains and operates
a plant, storage facilities, warehouse, and salesroom at Little Rock.
In 1938 and 1939, the total value of its finished products was in excess
of $600,000. More than 50 per cent of these products were sold and
shipped from Arkansas to States outside of that State. In that same
LITTLE ROCK FURNITURE MANUFACTURING COMPANY 687
period, the total value of the respondent's raw materials used in the
manufacture of its products was in excess of $100,000. More than 40
per cent in value of these materials was purchased in and shipped
from States outside of Arkansas to the respondent's place of business
in Arkansas.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.'
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, is a labor organization,
within the meaning of Section 2 (5) of the Act, affiliated with the
Congress of Industrial Organizations, a labor organization.
ORDER
Upon the basis of the above findings of fact, stipulation, and agree-
ment, as supplemented, and the entire record in the case, and pur-
suant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that the respondent,
Little Rock Furniture Manufacturing Company, Little Rock, Ar-
kansas, and its officers, agents, successors, and assigns, shall :
1. Refrain from :
(a) Discouraging membership in United Furniture Workers of
America, affiliated with the Congress of Industrial Organizations, or
any other labor organization of its employees by discharging any of
its employees or in any other manner discriminating in regard to
their hire or tenure of employment or any term or condition of their
employment;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their rights to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities, for the purposes of collective bargaining and other
mutual aid and protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action :
(a) Offer to the employees listed in Appendix A, hereto attached
and part hereof, and to each of them, immediate and full reinstate-
ment to their former or to substantially equivalent positions without
prejudice to their seniority and other rights and privileges;
(b) Make whole the employees listed in Appendix B, hereto at-
tached and part hereof, for any loss of pay they have suffered by
"The respondent, as set forth in the stipulation above, admits that it is engaged in com-
merce, within the meaning of Section 2 (6) and (7) of the Act.
688 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
reason of their respective discharges, by payment to each of them the
sum set opposite their names in said appendix;
(c) Post immediately in conspicuous places throughout its plant,.
at Little Rock, Arkansas, and keep posted for a period of at least
sixty (60) consecutive days from the date of posting, the notice set.
forth in Appendix C, hereto attached and part hereof;
(d) Notify the Regional Director for the Fifteenth Region within
ten (10) days from the date of this Order what steps it has taken W
comply herewith.
AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges
that the respondent engaged in unfair labor practices by discharging,
or refusing to reinstate or otherwise discriminating against Calvin
Lane, W. H. Shirley, J. E. Shirley, Oscar Whitfield, Hallie T. Shir-
ley, Aaron Otts, Clifford Otts, Wayman Westerman, Earl Groom,.
John Merritt, James Wilkerson, Hubert Cheatham, Frank Clark, C..
B. Jones, and, only as regards the lay-off on March 17, 1937, Clifford
Harrell and Winfred J. Whitfield, be, and the same hereby is,
dismissed.
APPENDIX A
S. E. Thomas Charles Williams
W. W. Smith J. D. Henard
Vollie Smith Tolivar Cullins
Winfred J. Whitfield . Clifford Harrell
APPENDIX B
S. E. Thomas------------------------------------------- $244.00
W. W. Smith------------------------------------------- 77.50
Vollie Smith------------------------------------------- 193.50•
Winfred J. Whitfield------------------------------------ 177.50
Charles Williams --------------------------------------- 178. 75
Bruno Haustein ----------------------------------------- 201.00
Harley Squires----------------------------------------- 254.00
Walter E. Squires--------------------------------------- 199.00
J. D. Henard ------------------------------------------- 225.00
Tolivar Cullins ----- ------------------------------------ 146.75
Ray Grimes -------------------------------------------- 203.00
Clifford Harrell----------------------------------------- 100.00
Homer Cheatham --------------------------------------- 300.00
APPENDIX C
NOTICE To ALL EMPLOYEES
ALL EMPLOYEES OF THIS COMPANY ARE FREE TO JOIN THE UNITED,
FURNITURE WORKERS OF AMERICA OR ANY OTHER LABOR ORGANI-
ZATION OF THEIR CHOICE WITHOUT INTERFERENCE OR COERCION
FROM ANY SOURCE.
LITTLE ROCK FURNITURE MANUFACTURING COMPANY 689
THE COMPANY WILL NOT ENCOURAGE OR DISCOURAGE MEMBER-
SHIP IN THE UNITED FURNITURE WORKERS OF AMERICA OR ANY
OTHER LABOR ORGANIZATION BY DISCRIMINATING AGAINST ANY
EMPLOYEE IN ANY MANNER.
THIS MEANS THAT SUBJECT TO THE PROVISO MENTIONED IN SEC-
TION 8 (3) OF THE NATIONAL LABOR RELATIONS ACT, THIS COMPANY
WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE BECAUSE HE IS
A MEMBER OR IS NOT A MEMBER OF ANY LABOR ORGANIZATION.
LrrrLE ROCK MANUFACTURING COMPANY)
By