Sun Tent-Luebbert Co.

National Labor Relations Board - Board Decisions

Feb 14, 1940

20 N.L.R.B. 427 (N.L.R.B. 1940)

In the Matter of SUN TENT-LuEBBERT COMPANY; CALIFORNIA CANVAS
JOBBERS CLUB; SOUTHERN CALIFORNIANS, INC.; THE NEUTRAL.
THOUSANDS, INC.; G. L. HUFF AND CLAY C. RITTENHOUSE, DOING
BUSINESS AS EMPLOYEES ADVISORY SERVICE; AND MERCHANTS AND
MANUFACTURERS ASSOCIATION OF Los ANGELES and TEXTILE WORKERS
UNION OF AMERICA, LOCAL No. 99, C. I. 0. and INDEPENDENT CANVAS
WORKERS UNION5 INC., PARTY TO THE CONTRACT
In the Matter of MELLUS BROTHERS AND COMPANY, INC.; CALIFORNIA
CANVAS JOBBERS CLUB; SOUTHERN CALIFORNIANS, INC.; THE NEU-
TRAL THOUSANDS, INC.; G. L. HUFF AND CLAY C. RITTENHOUSE,
DOING BUSINESS AS EMPLOYEES ADVISORY SERVICE; AND MERCHANTS
AND MANUFACTURERS ASSOCIATION OF Los ANGELES and TEXTILE
>WORKERS UNION OF AMERICA, LOCAL No. 99, C. I. 0. and INDEPEN-
ENT CANVAS WORKERS UNION, INC., PARTY TO THE CONTRACT
In the Matter of DOWNIE BROTHERS, INC. ; CALIFORNIA CANVAS JOB-
BERS CLUB; SOUTHERN CALIFORNIANS, INC. ; THE NEUTRAL THOU-
SANDS, INC.; G. L. HUFF AND CLAY C. RITTENHOUSE, DOING BUSINESS
AS EMPLOYEES ADVISORY SERVICE; AND MERCHANTS AND MANUFAC-
TURERS ASSOCIATION OF LOS ANGELES and TEXTILE WORKERS UNION
OF AMERICA, LOCAL No. 99, C. I. 0. and INDEPENDENT CANVAS
WORKERS UNION, INC., PARTY TO THE CONTRACT
In the Matter of UNITED TENT AND AWNING COMPANY, LTD.; CALI-
FORNIA CANVAS JOBBERS CLUB; SOUTHERN CALIFORNIANS, INC.; THE
NEUTRAL THOUSANDS, INC. ; G. L. HUFF AND CLAY C. RITTENHOUSE,
DOING BUSINESS AS EMPLOYEES. ADVISORY SERVICE; AND MERCHANTS
AND MANUFACTURERS ASSOCIATION OF LOS ANGELES and UPHOL-
STERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL No. 15,
A. F. L. and INDEPENDENT CANVAS WORKERS UNION3 INC., PARTY TO
THE CONTRACT
Cases Nos. XXI-C-1007, XXI-C-1113, XXI-C-1114, XXI-C-1116,
respectively.Decided February 14,1940
Canvas Goods Manufacturing Industry-Settlement: agreement for settle-
ment of 8 (3 ) portion of case affecting one respondent , including reinstatement
of one employee with back pay, and back pay for two other employees ; present
hearing to continue as to this respondent on all other allegations of complaint,
and to all other respondents as to all allegations of complaint-Order: entered
on agreement for settlement.
. Mr. David Sokol and Mr. William R. Walsk for the Board.
20 N. L . R. B., No. 40.
427
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Howlett and MacLaren, by Mr. Elmer H. Howlett, of Los Angeles,
Calif., and Mr. Harry K. Wolff, of San Francisco, Calif., for Downie
Brothers, Inc., Sun Tent-Luebbert Company, United Tent and Awn-
ing Company, Ltd., and California Canvas Jobbers Club.
. Mr. Guy T. Graves, of Los Angeles, Calif., for Mellus Brothers.
and Company, Inc.
Latham' anc4 Watkins, by Mr. Paul R. Watkins, of Los Angeles,
Calif., for Southern Californians, Inc., The Neutral Thousands, Inc.,
and Employees Advisory Service.
Elliott, Vedder, Sullivan & Dunham, by Mr. H. W. Elliott, .of Los
Angeles, Calif., for Merchants and Manufacturers Association of
Los Angeles:
Mr. Frank S. Lopez, Jr., and Mr. R. B. Gatewood, of Los Angeles,
Calif., for the Textile Union.
Mr. Charles L. Yost, of Los Angeles, Calif., for the Upholsterers
Union.
- Mr. Stanley D. Metzger, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Textile Workers
Union of America, Local No. 99, C. I. 0., herein called the Textile
Union, and by Upholsterers International Union of North America,
Local No. 15, A. F. L., herein called the Upholsterers Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia)', issued its complaint dated September 26, 1939, against
Sun Tent-Luebbert Company, Mellus Brothers and Company, Inc.,.
Downie Brothers, Inc., United Tent and Awning Company,. Ltd.,
California Canvas Jobbers Club, Southern Californians, -Inc., The
Neutral Thousands, Inc., G. L. Huff and,Clay C. Rittenhouse, doing
business as Employees Advisory Service, and Merchants' and Manu
facturers Association of Los Angeles, all of Los Angeles, California,'
herein collectively called the respondents, alleging that the respond-
ents had engaged in and were engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1), (2), and
1 All were joined in the complaint as parties respondent pursuant to the Board 's Order
of Consolidation , dated September 25, 1939, ordering Cases Nos . XXI-C-1007, XXI-C-1113;
XXI-C-1114, and XXI-C-1116 consolidated for the purpose of hearing and for all other
purposes , pursuant to Article II, Section 36 (b), of National Labor Relations Board Rules
and Regulations-Series 2. ....
SUN TENT'-LUEBBERT COMPANY 429
(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 respondents, the Textile Union, and the
Upholsterers Union..
The complaint alleged in substance (1) that, the. respondents on
or about May 10, 1938, discharged Estelle Steinman and Lauretta
Marchael, and on or about April 22, 1938, discharged Martha E.
Craw, said persons having.been employed by United Tent and Awn-
ing Company, Ltd., and since said dates have refused to reinstate
them, because they joined and assisted the Upholsterers Union; (2):
that the respondents on or about December 11, 1937, laid off Melvin
Aubuchont while employed -by Sun Tent-Luebbert Company, and
did not reinstate him until on or about February 11, 1938, because
he joined and assisted the Textile Union; (3) that the respondents
on or about December 2, 1937, and thereafter, instigated and formed,
and'since said date continuously have dominated and interfered with
the formation and administration of. Independent Canvas Workers
Union, Inc., herein called. the Independent; (4) that the respond-
ents entered into a closed-shop contract with the Independent on or
about February 7, 1938, and forced the employees of Sun Tent-
Luebbert Company, Mellus Brothers ' & Company, Inc., Downie
Brothers, Inc., and United Tent and Awning Company, Ltd., to
join the Independent; (5) that the respondents recognized the Inde-
pendent-as the exclusive representative of the employees of the said
companies for the purposes of collective bargaining and entered into
a written contract with the Independent on or about February 1,
1939, in respect to- rates of pay, wages, hours of employment, and
other conditions of employment, when the Independent was not the
representative of said employees within the meaning of the Act; (6)
that the respondents, by the foregoing acts and by many other activi-
ties set forth at great length in the. complaint, interfered with,
restrained, and coerced. their employees in the exercise of the rights
guaranteed them by the Act..
Pursuant to notice, a hearing was held beginning October 16, 1939,
and at present continuing, at Los Angeles, California, before Howard
Myers, the Trial 'Examiner duly designated by the Board. On
January 8, 1940, United Tent and Awning Company, Ltd., the
Upholsterers Union, and counsel for the Board entered into an agree-
ment in settlement of certain portions of the, complaint. This
agreement provides, as follows :
COMPROMISE, AGREEMENT FOR SETTLEMENT
IT IS HEREBY AGREED by and between UNITED TENT AND AWNING
COMPANY, LTD., hereinafter referred to as "Respondent," the
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
No. 15, A. F. L., hereinafter referred to as the "Union," and,
DAVID SOKOL, Attorney, National Labor Relations Board;
That Respondent, United Tent and Awning Company, Ltd.,
is a corporation organized and existing under and by virtue of
the laws of the State of California since January 5, 1931; that
said Respondent is engaged in the manufacture of tents; tar=
paulins, bags, canvas goods, and outdoor and garden furniture
at its place at Los Angeles, California; that during the year
1938, the total sales of products by said Respondent were $194,-
937.75; that of said total sales, $3,500 were sales made outside
of the State of California to other states of the United States;
That during the year 1938, said Respondent, United Tent and
Awning Company, Ltd., purchased raw materials such as
cotton fabrics, thread, burlap, hardware, metal frames, paints
and lumber amounting to $137,004.92, of which total $100,913.44
by value of materials were purchased outside of the State of
California from other states of the United States and brought
to Respondent's plant by means of rail, truck, or boat;'
That Respondent's, United Tent and Awning Company, Ltd.,
purchases and sales as between intra and inter-state' have been
in substantially the same proportions since December 31, 1938,
as during the year.1938;
IT IS FURTHER STIPULATED that the Upholsterers International
Union of North America, Local No. 15, affiliated with the
American Federation of Labor, is a labor organization within
the meaning of Section 2, subsection (5) of the. National Labor
Relations Act;
IT IS FURTHER STIPULATED that said Respondent, United Tent
and Awning Company, Ltd., waives its right to a hearing set
forth in Section 10, subsection (b) and (c) of the Act, and the
taking of testimony or evidence before a Trial Examiner of
the National Labor Relations Board in this matter concerning
the charge and amended charges of violation of Section 8, sub-
section (3) of the National Labor Relations Act and the alle-
gations set forth in paragraphs 16, 17, and 18 of the Complaint
herein ; and said Respondent, United Tent and Awning Com-
pany, Ltd., waives the making of Findings of Fact and Con-
clusions of Law by the Board with respect to the charges and
amended charges of violation of Section 8, subsection (3)' of
the Act by said Respondent, and the allegations set forth in
paragraphs 16, 17, and 18 of the Complaint herein.
The parties hereto consent that the National Labor Relations
Board may, upon the issues created by the pleadings herein,
SUN TENT-LUEBBERT COMPANY 431
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, United Tent and Awning Company, Ltd.,
its officers; agents, successors, and assigns, shall:
"1. Cease and desist :
(a) From discouraging membership in the Upholsterers
International Union of North America, Local No. 15,
A. F. L., or any other labor organization of its employees,
by discharging, refusing to reinstate, suspending, or in any
other manner discriminating against any of its employees
in regard to hire or tenure of employment or any other
term or condition of employment;
"2. That the Respondent, United Tent and Awning Company,
Ltd., shall take the following affirmative action in order to ef-
fectuate the policies of the National Labor Relations Act :
(a) Offer to Estelle Steinman immediate and full rein-
statement to her former position without prejudice to her
seniority and other rights and privileges;
(b) Pay to Estelle Steinman the sum of Seventy-five
Dollars ($75.00) ; to Martha E. Craw, the sum of Seventy-
five Dollars ($75.00) ; and, to Loretta Marchael, the sum of
Two Hundred Dollars ($200.00), for loss of pay suffered by
reason of Respondent's discrimination in regard to hire and
tenure of employment;
(c) Post immediately in conspicuous places throughout its
plant, notices to its employees stating that the Respondent,
United Tent and Awning Company, Ltd., will cease and
desist as provided herein, and will take the affirmative
action required herein; and maintain such notices for a
period of at least sixty (60) consecutive days from the date
of posting.
"Respondent, United Tent and Awning Company, Ltd., 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 waive further notice of application there-
for by the Board;
- 432 DECISIONS' ,OF. NATIONAL LABOR RELATIONS BOARD
IT IS UNDERSTOOD AND AGREED that this Agreement is in full
settlement of the 8 (3) matter affecting United Tent. and Awning
Company, Ltd., and that the hearing involving said Respondent,.
United Tent and Awning Company, Ltd., and other Respond-
ents, may proceed, but that the only Order to be made by the
National Labor Relations Board concerning the violation o.f
Section 8, subsection (3) by this Respondent, United Tent and
Awning Company, Ltd., is that specifically provided herein.
IT IS FURTHER UNDERSTOOD'AND AGREED that the hearing now 121
progress may, continue on other issues raised by the pleadings,
and nothing in this Stipulation shall preclude the Board from
adducing further testimony and evidence in making further
findings herein other than as to the charges of violation by
United Tent and Awning Company, Ltd., of Section 8 subsection
(3) of the Act.
IT IS FURTHER UNDERSTOOD AND AGREED that the entire -agreement
between the parties hereto is contained within the terms of the
Stipulation herein, and that there'is no verbal agreement of any'
kind which varies, alters or adds to this Stipulation.
IT IS FURTHER UNDERSTOOD that this Agreement is subject to the;
approval of the National Labor Relations Board.
On January 31, 1940, the Board issued an order approving the,
above "Compromise Agreement For Settlement" and making it a
part of, the record in the consolidated c'ases.2
Upon the. basis of the "Compromise Agreement For Settlement"
and the record in'the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF UNITED TENT AND AWNING COMPANY, LTD.
United Tent and Awning Company, Ltd., is a California corpora-
tion having its place of business at Los Angeles, California, where
it manufactures tents, tarpaulins, bags, canvas goods, and outdoor
and garden furniture. During 1938, it purchased raw materials such
as cotton fabrics, thread, burlap, hardware, metal frames, paints,
and lumber valued at $137,004.92, of which amount $100,913.44 worth
of raw materials were purchased outside the State of California and
brought to the plant at Los Angeles. During 1938, it sold products
s It should be emphasized , as stated In the Agreement, that the Board is in no way pre=
cluded by the Agreement from continuing the hearing and from making Findings of Fact,
Conclusions of Law, and Order respecting all allegations of the complaint involving all
other respondents ; with regard to United Tent and Awning Company , Ltd., the Agreement
and our Order herein purport to settle, and settle , only that portion of the complaint which
alleges that It has committed unfair labor practices within the meaning of Se-.tion 8 (3)
of the Act.
SUN T'E'NT-L'UEBBERT COMPANY 433
valued at $194,937.75, of which amount $3,500 worth were shipped to
destinations outside the State of California. The purchases and sales
during 1939 were in the same proportions as in 1938.
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, the agreement for
settlement of part of the case, and the 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 United Tent and
Awning Company, Ltd., Los Angeles, California, its officers, agents,
successors, and assigns, shall:
1. Cease and desist from discouraging membership in Upholsterers
.International Union of North America, Local No. 15, A. F. L., or
any other labor organization of its employees, by discharging, refus-
ing to reinstate,, suspending, or in any,other manner discriminating
against any of its employees in regard to hire or tenure of employ-
ment or any other term or condition of employment.
2. Take the following affirmative action in order to effectuate the
policies of the Act :
(a) Offer to Estelle Steinman immediate and full reinstatement to
her former position without prejudice to her seniority and other
rights and privileges;
(b) Pay to Estelle Steinman the sum of Seventy-five Dollars
($75.00) ; to Martha E. Craw the sum of Seventy-five Dollars
($75.00) ; and to Loretta Marchae13 the sum of Two Hundred Dollars
($200.00), for loss of pay suffered by reason of United Tent and
Awning Company, Ltd.'s discrimination in regard to their hire and
tenure of employment;
(c) Immediately post notices in conspicuous places throughout its
plant, and maintain such notices for a period of at least sixty (60)
consecutive days from the date of posting, stating (1) that United
Tent and Awning Company, Ltd., will cease and desist as provided in
paragraph 1 of this Order; and (2) that it will take the affirmative
action set forth in paragraph 2 (a) and (b) of this Order;
(d), Notify the Regional Director for the Twenty-first Region in
writing, within ten (10) days from the date of this Order what steps
it has taken to comply herewith.
3 Referred to in the complaint as "Lauretta " Marchael.