The Vaughan Furniture Co., Inc.

National Labor Relations Board - Board Decisions

Nov 28, 1938

9 N.L.R.B. 1249 (N.L.R.B. 1938)

In the Matter of THE VAUGHAN FURNITURE CO., INC. and ASSOCIA-
TION OF VAUGHAN FURNITURE COMPANY EMPLOYEES
Case No. C-918.-Decided November p28, 1938
Furniture Manutacturing Industry-Settlement: stipulation providing for
reinstatement-Oder: enteied on stipulation.
Mr. Charles -Y. Latimer, for the Board.
Mr. S. F. Landreth, of Galax, Va., for .the respondent.
Mr. S. F. Fulks, of Galax, Va., for the Association.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Association of
Vaughan Furniture Company Employees, herein called the Associa-
tion, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Fifth Region ( Baltimore, Mary-
land), issued its complaint dated September 2, 1938, against The
Vaughan Furniture Co., Inc., .Galax, Virginia, herein called the re-
spondent, alleging that the respondent had engaged in and was en-
gaging- in unfair labor practices affecting commerce within the
meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
The complaint and notice of hearing thereon were duly served upon
the respondent and the Association.
Concerning the unfair labor practices the complaint alleged, in sub-
stance, that (1) on July 14, 1938 , in response to a pay cut announced
by the respondent, its employees went out on strike and formed them-
selves into the Association and thereafter, although a majority of
the employees in a unit appropriate for collective bargaining desig-
nated the Association as their representative for the purposes of
collective bargaining, the respondent refused to bargain collectively
,with it; and (2) the respondent, by the aforesaid refusal to bargain
and by threats and other acts, interfered with,' restrained, and coerced
9N.L.R B,No.117. ,
1249
1250 NATIONAL LABOR RELATIONS BOARD
its employees in the exercise of the rights guaranteed in Section 7
of the Act.
On September 10, 1938, the respondent filed its answer to the com-
plaint in which it admitted the allegations concerning the nature
and scope of respondent's business but denied the allegations of
unfair labor practices.
On September 13, 1938, upon a further amended charge duly filed
by the Association, the Board, by the Regional Director, issued its
amended complaint which alleged, in addition to the allegations
made in the complaint, that the respondent terminated the employ-
ment of and refused to reinstate 10 named employees because of their
activity in forming and joining the Association and engaging in
concerted activities for the purpose of collective bargaining and
other mutual aid and protection, and because they furnished in-
formation which led to charges against the respondent being filed
with the Board, and that the respondent, by the aforesaid discrim-
inatory discharges, interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the
Act.
Pursuant to notice, a hearing was held on September 15, 16, 17, and
19, 1938, at Galax, Virginia, before Tilford E. Dudley, the Trial
Examiner duly designated by the Board. All parties were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. During
the hearing on September 17, 1938, the Trial Examiner received in
evidence without objection the third amended charge of the Associa-
tion. The parties stipulated that this charge had been properly
filed and served. The Trial Examiner also granted the motion made
without objection by counsel for the Board to amend the complaint
so as to allege the discriminatory discharge of three additional em-
ployees. Thereafter, the respondent, the Association, and counsel
for the Board entered into a stipulation in settlement of the case.
The stipulation provides as follows :
It is hereby stipulated and agreed by and between the parties
hereto, namely The Vaughan Furniture Company, Inc. (herein-
after referred to as the respondent), The Association of Vaughan
Furniture Company employees (hereinafter referred to as the
union), and the National Labor Relations Board (hereinafter
referred to as the Board), as follows:
1. The respondent was incorporated by virtue of the laws of
the Commonwealth of Virginia in 1923 and now is so incor,
porated. It maintains its principal office and place of business
at Galax, Va. Its officers are: President, Taylor G. Vaughan;
DECISIONS AND ORDERS 1251
Vice-Presidents, W. M. Mayhew, R. V. Morris and Reeves S.
Brown ; Secretary, J. G. Kirby ; Assistant Secretary, Francis
Nuckolls; Treasurer, W. M. Mayhew; Assistant Treasurer, Miss
Gladys Landry. Its Directors are : R. V. Morris, T. H. Morris,
John W. Stanley, Reeves S. Brown, Taylor G. Vaughan, W. M.
Mayhew, J. G. Kirby, and J. B. Dillon.
2. Respondent manufactures and sells bedroom and dining-
room furniture. It purchases raw materials consisting of lum-
ber, hardware, veneers, glass, and finishing materials. About
25% of the lumber is purchased outside of Virginia. Likewise
about 60% of the veneer, measured in terms of volume and 30%
of veneer, measured by value, is purchased outside of the Com-
monwealth. About 50% of the finishing materials and 70% of
the glass are purchased outside of Virginia. Similarly 90% or
more of respondent's finished products are sold and shipped to,
points outside of the Commonwealth of Virginia. Additional
details concerning respondent's business are as set forth in the
record in this case.
3. The union and also the Furniture Workers Local 1063,
United Brotherhood of Carpenters and Joiners of America,
affiliated with the American Federation of Labor, are each labor
organizations within the meaning of the National Labor Rela-
tions Act (hereinafter referred to as the Act).
4. The Board may, upon the basis of the record in this matter
and upon the basis of this stipulation, enter an order providing
that the respondent shall :
a. Cease and desist from interfering with, restraining, or
coercing, in any manner, its employees in the exercise of their
right to self-organization, to form, join, or assist labor organi-
zations, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities, for the pur-
pose of collective bargaining or other mutual aid or protection.
b. Cease and desist from encouraging or discouraging member-
ship in any labor organization by discrimination in regard to
hire or tenure of employment, or any term or condition of
employment.
c. Cease and desist from encouraging or discouraging mem-
bership in The Association of Vaughan Furniture Company Em-
ployees and/or the Furniture Workers Local 1063, United
Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor.
d. Cease and desist from refusing to bargain collectively with
the representatives of its employees, within the meaning of
Section 9 (a) of the Act.
134068-39-vol. ix-80
1252 NATIONAL LAB()I ltrr,AT[ON S BOARD
e. Take the following affirmative action, which will effect hate
the policies of the Act :
(1) Offer to G. P. Spurlin, Marvin Surrat, L. S. Bedsaul, Jesse
Davis, Joe Liddle, R. T. Poe, Clayton Newman, Raymond Stone-
man, Wilfred Sharp, L. C. Leftwich, Fields Ward, E. R. Liddle,
and Claude Lamkin full and unconditional reinstatement to
their former positions without prejudice to any rights and priv-
ileges previously enjoyed by them.
(2) Place Clarence Leagan and G. G. Bryant upon a preferred
list to be offered employment if and when a need for their services
arises with preference being given over any persons not employed
by respondent on September 15, 1938
(3) Upon demand, bargain collective] y•in good faith, regard-
ing grievances, labor disputes, wages, rates of pay, hours of em-
ployment and conditions of work with the labor organization
designated by a majority of its employees,'as the exclusive repre-
sentative of its employees, excluding supervisory and clerical
employees.
(4) Post conspicuously throughout its plant in Galax, Va.
and maintain for thirty consecutive days notices containing a
copy of this order and stating: (a) that respondent, without
admitting the allegations in the complaints, will comply with, this
order in every respect; (b) that respondent's supervisory em-
ployees, including superintendents, foremen, and assistant fore-
men, are instructed that the.)' are not in any way to interfere
with, not to comment nor advise upon the membership or activity
of any employee in connection with any labor organization;
(c) that if any supervisory employee does in any way interfere
with, comment or advise upon any such union or collective activ-
ity of respondent's employees, he is to be immediately reported
to respondent's president or acting president at Galax, Va. and
to the Regional Office of the National Labor Relations Board
at 32 South Street, Baltimore, Md.; (d) that every employee is
free to join or affiliate with The Association of Vaughan Furni-
ture Company employees, or the Furniture Workers Local 1063,
United Brotherhood of Carpenters and Joiners of America, or
any labor organization, and that respondent will not in any way
discriminate against any employee so doing; (e) that every
eligible employee is and shall be free to vote in any way lie
desires in any election that may be held for the designation by
the employees of their respresentative for collective bargaining;
(f) that the respondent will not in any manner interfere with
any employee voting in such an election, nor attempt to influence
his vote in any way, nor interfere in any respect with the con-
DECISIONS AND ORDEI{S 1253
duct of such an election; (g) that if any labor organization is
designated by the majority of the employees voting at such
an election as their representative for the purpose of collective
bargaining, the respondent will recognize such labor organiza-
tion as the exclusive representative of all its employees, excluding
supervisory and clerical employees and will bargain collectively
with it, in good faith, regarding grievances, labor disputes,
wages, rates of pay, hours of employment and conditions of work.
(5) Within ten days from the service of this order upon
respondent, file with the acting Regional Director for the Fifth
Region a report stating that the respondent will comply with
this order and setting forth in detail the manner in which it has
so complied.
5. All respondent's employees, excluding supervisory and
clerical employees and superintendents, foremen, and assistant
foremen constitute a unit appropriate for the purpose of col-
lective bargaining within the meaning of Section 9 (a) and (b)
of the Act.
6. The acting Regional Director for the Fifth Region shall,
at the earliest possible moment after the approval of this stipu-
lation by the Board, conduct an election by secret ballot, as
provided for by the Rules and Regulations of the Board, to
determine whether a majority of respondent's employees within
the above-described appropriate unit as of July 13, 1938, desire
to be represented for the purpose of collective bargaining by the
Furniture Workers Local 1063, United Brotherhood of Car-
penters and Joiners of America, affiliated with the American
Federation of Labor.
7. If the said Furniture Workers Local 1063, United Brother-
hood of Carpenters and Joiners of America is so designated,
respondent will, upon demand, bargain in good faith with said
organization concerning grievances, labor disputes, wages rates
of pay, hours of employment, and conditions of work of its
employees and will embody any agreement so reached in a written
contract with said labor organization.
8. Respondent further agrees and consents that, upon petition
by the Board and without notice to respondent, any appropriate
Circuit Court of Appeals of the United States may and shall
enter an order enforcing the order of the Board that shall be
made as set forth above, Respondent waives its right to contest
the entry of any such decree or order by any Circuit Court of
Appeals of the United States and waives its right to seek any
writs"or"to otherwise appeal -,-om said order.
1254 NATIONAL LABOR RELATIONS BOARD
9. This stipulation is contingent upon the approval thereof by
the Board. If and when the Board approves this stipulation, it
shall become final and binding. If the Board disapproves this
stipulation, it shall be null and void and shall in no manner
affect or prejudice the rights of any of the parties hereto.
On September 23, 1938, the Board issued its order approving the
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board pursuant to the provisions of the stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, a Virginia corporation, is engaged in the manu-
facture, sale, and distribution of bedroom and dining-room furni-
ture, with its principal office and place of business at Galax, Virginia.
Its raw materials consist of lumber, hardware, veneers, glass, and
finishing materials. About 25 per cent of the lumber, 60 per cent of
the veneer, measured by volume, about 50 per cent of the finishing
materials, and about 70 per cent of the glass are purchased outside
the State of Virginia. Ninety per cent or more of the respondent's
finished products are sold and shipped to points outside the State of
Virginia.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
H. THE LABOR ORGANIZATIONS INVOLVED
Association of Vaughan Furniture Company Employees is an
unaffiliated labor organization admitting to membership employees of
the respondent at its Galax, Virginia, plant.
The Furniture Workers Local 1063, United Brotherhood of Car-
penters and Joiners of America, affiliated with the American Fed-
eration of Labor, is also a labor organization admitting to member-
ship employees of the respondent at its Galax, Virginia, plant.
III. THE APPROPRIATE UNIT
We find that all employees of the respondent, except clerical and
supervisory employees (including superintendents, foremen and
assistant foremen) constitute a unit appropriate for the purpose of
collective bargaining and that such unit insures to the employees the
full benefit of their right to self-organization and collective bargain-
ing and otherwise effectuates the policies of the Act.
DECISIONS AND ORDERS
ORDER
1255
Upon the basis of the above findings of fact, 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 Vaughan Furniture Co., Inc., Galax, Virginia,
shall :
1. Cease and desist from :
(a) Interfering with, restraining or coercing, in any manner, its
employees in the exercise of their right to self-organization, to form,
join, or assist labor organizations, to bargain 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;
(b) Encouraging or discouraging membership in any labor organ-
ization by discrimination in regard to hire or tenure of employment,
or any term or condition of employment;
(c) Encouraging or discouraging membership in Association of
Vaughan Furniture Company Employees and/or the Furniture
Workers Local 1063, United Brotherhood of Carpenters and Joiners
of America, affiliated with the American Federation of Labor;
(d) Refusing to bargain collectively with the representatives of its
employees, within the meaning of Section 9 (a) of the Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Offer to G. P. Spurlin, Marvin Surrat, L. S. Bedsaul, Jesse
Davis, Joe Liddle, R. T. Poe, Clayton Newman, Raymond Stoneman,
Wilfred Sharp, L. C. Leftwich, Fields Ward, E. R. Liddle, and
Claude Lamkin full and unconditional reinstatement to their former
positions without prejudice to any rights and privileges previously
enjoyed by them;
(b) Place Clarence Leagan and G. G. Bryant upon a preferred list
to be offered employment if and when a need for their services arises
with preference being given over any persons not employed by
respondent on September 15, 1938;
(c) Upon demand, bargain collectively in good faith, regarding
grievances, labor disputes, wages, rates of pay, hours of employment,
and conditions of work with the labor organization designated by a
majority of its employees, as the exclusive representative of its
employees, excluding supervisory and clerical employees ;
(d) Post conspicuously throughout its plant in Galax, Virginia,
and maintain for thirty (30) consecutive days, notices containing a
copy of this order and stating : (a) that respondent, without admitting
the allegations in the complaints, will comply with this order in
every respect; (b) that respondent's supervisory employees, includ-
1256 NATIONAL LA13OR RELATIONS BOARD
ing superintendents, foremen, and assistant foremen, are instructed
that they are not in any way to interfere with, not to comment nor
advise upon the membership or activity of any employee in connection
with any labor organization; (c) that if any supervisory employee
does in any way interfere with, comment or advise upon any such
union or collective activity of respondent's employees, he is to be
immediately reported to respondent's president or acting president,
at Galax, Virginia, and to the Regional Office of the National Labor-
Relations Board at 32 South Street, Baltimore, Maryland; (d) that
every employee is free to join or affiliate with Association of Vaughan
Furniture Company Employees, or the Furniture Workers Local
1063, United Brotherhood of Carpenters and Joiners of America, or
any labor organization, and that respondent will not in any way
discriminate against any employee so doing; (e) that every eligible
employee is and shall be free to vote in any way he desires in any
election that may be held for the designation by the employees of
their representative for collective bargaining; (f) that the respondent
will not in any manner interfere with any employee voting in such an
election, nor attempt to influence his vote in any way, nor interfere
in any respect with the conduct of such an election; (g) that if any
labor organization is designated by the majority of the employees
voting at such an election as their representative for the purpose of
collective bargaining, the respondent will recognize such labor or-
ganization as the exclusive representative of all its employees, except
clerical and supervisory employees (including superintendents, fore-
men, and assistant foremen) and will bargain collectively with it, in
good faith, regarding grievances, labor disputes, wages, rates of pay,
hours of employment, and conditions of work;
(e) Within ten (10) days from the service of this order upon
respondent, file with the acting Regional Director for the Fifth Re-
gion a report stating that the respondent will comply with this order
and setting forth in detail the manner in which it has so complied.