Hollywood-maxwell Company, a Corporation And International Ladies Garment Workers Union, 645 (1940)

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Hollywood-maxwell Company, a Corporation And International Ladies Garment Workers Union, 645 (1940)

In the Matter of HOLLYWOOD-MAXWELL COMPANY, A CORPORATION and INTERNATIONAL LADIES GARMENT WORKERS UNION Case No. C-1489.--Decided June 12, 1940 Brassiere and Bust Form Manufacturing Industry-Interference, Restraint, and Coercion: domination of, and interference with, formation and administration of plant union; activity of supervisory employees; wage concessions to plant union, and other support; bribery of organizer of outside union-CompanyDominated Unions: successor organization to first dominated union formed pursuant to the suggestion of, and with the financial aid, of the employer;

organizing activity of those identified with dominated organization charged to employer; successor to second dominated organization found identical with it;

facile recognition of, and conclusion of contract with, last of the three plant organizations; inadequate check on claim of majority; contrasting treatment of outside union; disestablished as representatives for collective bargainingContract: with company-dominated union granting exclusive recognition, abrogated-Unit Appropriate for Collective Bargaining: production workers, excluding mechanics, watchmen, and stockroom, shipping, maintenance, office, clerical, and supervisory employees; bargaining history and substantial agreement of the employer and the I. L. G. W. U. found to establish; stipulation as to employees within the unit; disagreement over inclusion of several employees resolved by reference to their functions and to construction of the unit by means of the stipulation-Representatives: proof of choice: membership cards;

evidence of membership in dominated organizations disregarded-Collective Bargaining: refusal to engage in: violation of agreement to bargain with outside union, if check by Board agents disclosed majority in its favor; recognition of, and conclusion of contract with, dominated organization upon inadequate showing of majority, after insistence upon a consent election in the case of the outside union; employer ordered to bargain-Discrimination: charges of, dismissed.

Mr. Francis J. MeTernan, Jr., for the Board.

Latham & Watkins, by Mr. Paul R. Watkins and Mr. Richard Lund, of Los Angeles, Calif., for the respondent.

Mr. Basil Feinberg, of Los Angeles, Calif., for the I. L. G. W. U.

Mr. Arthur H. Lewis and Mr. Max Feingold, both of Los Angeles,

Calif., for the Group and Mrs. Fay Sheldon.

Mr. William Busick, for Mr. William Busick.

Mr. Bertram Diamond, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the International Ladies Garment Workers Union,' herein called the I. L. G. W. U., the National Labor Relations Board, herein called the Board, by Towne Nylander, Regional Director for the Twenty-first Region (Los Angeles, California), issued its complaint dated June 26, 1939, against Hollywood-Maxwell Company, 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), (2), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.

Copies of the complaint, accompanied by notice of hearing, were duly served upon the respondent, the I. L. G. W. U., and upon the Independent Brassiere Workers of California, Incorporated, herein called the Brassiere Workers, and the Independent Productive Group, herein called the Group, the latter two being labor organizations alleged in the complaint to have been dominated by the respondent, and upon the Central Labor Council of Los Angeles, and the Los Angeles Industrial Union Council.

The complaint, as amended at the hearing, alleged in substance that the respondent: (1) discouraged membership in the I. L. G. W. U. by making disparaging statements about the I. L. G. W. U. to its employees and by paying money to William Busick, an organizer for the I. L. G. W. U., to induce him to use his influence to obtain a Board election at a time when the Brassiere Workers could win such an election...

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