Maurice Holman, Inc.

National Labor Relations Board - Board Decisions

Dec 11, 1939

18 N.L.R.B. 241 (N.L.R.B. 1939)

In the Matter Of MAURICE HOLMAN, INC. and INTERNATIONAL LADIES'
GARMENT WORKERS' UNION, UNAFFILIATED
Case No. C-1418.-Decided December 11, 1939
Knit Goods Manufacturing Industry-Settlement : Agreement for settlement
providing for compliance with the Act, including reinstatement of two em-
ployees-Order : entered on agreement for settlement.
Mr. David Sokol, for the Board.
Mr. Samuel H. Robinson, of Los Angeles, Calif., for the respondent.
Mr. Willard Young Morris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TILE CASE
Upon charges and amended charges duly filed by International
Ladies' Garment Workers' Union, herein called the Union, the Na-
tional Labor Relations Board, herein called the Board, by the Re-
gional Director for the Twenty-first Region (Los Angeles, California),
issued its complaint dated October 9, 1939, against Maurice Holman,
Inc., Los Angeles, California, herein called the respondent, alleging
that the respondent had engaged in and was engaging in unfair labor
practices affecting commerce 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. Copies of the complaint were
duly served upon the respondent and the Union. On October 31,
1939, the Board; by its Regional Director, issued its amended com-
plaint, copies of which were duly served upon the respondent and the
Union.
Concerning the unfair labor practices, the amended complaint al-
leged in substance : (1) that the respondent on July 31 and September
11, 1937, respectively, discriminatorily discharged Sarah Lomas and
Gussie Mark and thereafter refused to reinstate them because they
had joined and assisted the Union and engaged in concerted activity
with other employees for their mutual aid and protection, thereby dis-
couraging membership in the Union; and (2) that by the above acts,
by carrying on a campaign against the Union since July 1937, by in-
18 N. L. R. B., No. 37.
241
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
forming its employees that the plant would close if they joined the
Union, by advising employees singly and in groups against union
activity, and by other acts, the respondent had interfered with, re-
strained, and coerced its employees in the exercise of the rights guar-
anteed in Section 7 of the Act.
The respondent filed an answer which was subsequently amended,
in which it denied that it had engaged in or was engaging in the unfair
labor practices alleged in the amended complaint.
On November 6, 1939, the respondent and counsel for the Board
entered into an agreement in settlement of the case. This agreement
provides as follows :
AGREEMENT FOR SETTLEMENT
It is hereby agreed by and between Maurice Holman, Inc., here-
inafter referred to as Respondent, and David Sokol, Attorney for
the National Labor Relations Board :
That the Respondent is a Corporation organized and existing
under and by virtue of the laws of California, having its prin-
cipal office and place of business at 834 South Broadway, Los
Angeles, California, and that Respondent is engaged in the manu-
facture of knit goods. That in said manufacture the following
raw materials are used; buttons, zippers, wool, yarn and cotton.
That during the year 1937 the total sales of Respondent were
$458,000; that of this total, 20% were made outside the State of
California to other states of the United States, such products be-
ing shipped to other states by means of rail, truck and boat. That
sales of Respondent during 1938 and during 1939 up to the date
of this stipulation are in approximately the same amount out-
side of the State of California, to-wit, 20%. That during the
year 1937 Respondent purchased yarn amounting to approxi-
mately $200,000, of which total 25% was purchased outside the
State of California and brought into the State of California by
means of rail, truck and boat. That the purchase of yarn outside
the State of California during the year 1938 and during 1939 to
the date of this agreement is in the same percentage, to-wit 25%.
It is further stipulated that the International Ladies' Garment
Workers' Union, Unaffiliated, is a labor organization within the
meaning of Section 2 (5) of the Act.
It is further stipulated that said Respondent waives its right to
a hearing set forth in Section 10, subsections (b) and (c) of the
Act, and the taking of testimony or evidence before an Examiner
or [sic] the National Labor Relations Board in this matter con-
cerning the charge and amended charges and allegations in the
amended complaint herein, and said Respondent waives the mak-
MAURWE HOLMAN, INCORPORATED 243
ing of findings of fact and conclusions of law by the Board
herein.
The parties hereto consent that the National Labor Relations
Board may, upon the pleadings herein and upon this stipulation,
enter an order to the following effect, such order having the same
force and effect as if made by the National Labor Relations Board
after hearing, the taking of evidence, and the making of findings
of fact and conclusions of law by the Board :
The Respondent herein, its officers, agents, successors and assigns
shall :
1. Refrain from in any manner interfering with, restraining
and coercing its employees in the exercise of their rights of 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
bargaining or other mutual aid or protection as guaranteed in
Section 7 of the Act, and in any manner from interfering with,
restraining or coercing members, officers or agents of the Inter-
national Ladies' Garment Workers' Union, and/or its locals.
2. Refrain from discouraging membership in the International
Ladies' Garment Workers' Union, or any other labor organization
of its employees, or discriminating against employees in regard
to hire or tenure of employment, or any condition of employment,
or in any other manner.
That the Respondent shall take the following affirmative action
in order to effectuate the policies of the National Labor Relations
Act :
(a) Offer to Sarah Lomas and Gussie Mark reinstatement to
their employment without prejudice to their seniority, if any, and
all other rights and privileges.
(b) Post in each department of Respondent's plant for a period
of sixty (60) days from the date of the receipt of a copy of the
order of the National Labor Relations Board herein, copies of
said order.
Respondent agrees that thereafter it will notify the Regional
Director for the Twenty-first Region, of compliance with the
foregoing Order within ten (10) days after the receipt of the
Board's Order.
The parties hereto stipulate and consent to the entry of a de-
cree by the United States Circuit Court of Appeals for the Ninth
Circuit enforcing the above Order of the Board provided for
herein, and the parties hereto waive further notice of application
therefor by the Board.
It is understood and agreed that the entire agreement between
the parties hereto is contained within the terms of the stipulation
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, and that there is no verbal agreement of any kind which
varies, alters or adds to this stipulation.
It being further understood that this agreement is subject to
the approval of the National Labor Relations Board and that
upon approval by the Board this stipulation, together with the
complaint, amended complaint and charges and amended charges
herein, shall be filed with the Chief Trial Examiner of the
National Labor Relations Board at Washington, D. C., as the
formal record herein.
On November 21, 1939, the Board issued an order approving the
above "Agreement for Settlement," making it a part of the record
in the case, and transferring and continuing the case before the Board
for the purpose of entry of a decision and order pursuant to the pro-
visions of the "Agreement for Settlement."
Upon the basis of the "Agreement for Settlement" and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a California corporation, having its principal
office and place of business in Los Angeles, California. It is engaged
in the manufacture and sale of knit goods. In 1937 the respondent's
total sales amounted to $458,000, of which 20 per cent represented
finished products shipped to points outside the State of California.
In 1938 and 1939 the respondent sold and shipped a similar propor-
tion of its products to points outside the State of California. The
raw materials used by the respondent in its manufacture are buttons,
zippers, wool, yarn, and cotton. In 1937 the respondent purchased ap-
proximately $200,000 worth of yarn, of which 25 per cent represented
yarn purchased outside California and shipped into California. The
respondent's purchases of yarn outside the State of California in
1938 and 1939 have been in similar proportion.
ORDER
Upon the basis of the above findings of fact, agreement for settle-
ment, 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 Maurice Holman, Inc., Los Angeles, Cali-
fornia, its officers, agents, successors, and assigns shall :
1. Refrain from :
(a) In any manner interfering with, restraining, and coercing its
employees in the exercise of their rights to self-organization, to form,
MAUI CE HOLMAN, INCORPORATED 245
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purposes of collective bargaining or other mutual aid
or protection, as guaranteed in Section 7 of the National Labor Rela-
tions Act, and in any manner from interfering with, restraining, or
coercing members, officers, or agents of the International Ladies' Gar-
ment Workers' Union and/or its locals;
(b) Discouraging membership in the International Ladies' Garment
Workers' Union, or any other labor organization of its employees, or
discriminating against employees in regard to hire or tenure of employ-
ment, or any condition of employment, or in any other manner.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(a) Offer to Sarah Lomas and Gussie Mark reinstatement to their
employment without prejudice to their seniority, if any, and all other
rights and privileges;
(b) Post in each department of the respondent's plant copies of
this Order for a period of at least sixty (60) days from the date of
receipt thereof.