This second, much shorter, agreement entailed the acknowledgement by the ILGWU of the legality of the February sale of the Chinatown Factory to the Golden Gate Manufacturing Company. Furthermore it established the terms under which National Dollar Stores agreed to purchase the factory's output. The union gave up a lot in signing this agreement as the constraints imposed on National Dollar Stores were quite minimal, with the company retaining "sole discretion" to determine what to buy and how much to buy from its supplier, the Golden Gate Manufacturing Company. Based on these two contracts, the company dropped its damage suit against the union, the union withdrew its unfair labor charge against the company, and striking garment workers (after ratifying the contracts by a slim margin) returned to work.
THIS AGREEMENT, entered into this 8th day of June, 1938, by and between THE NATIONAL DOLLAR STORES, LTD., a corporation, hereinafter referred to as the Buyer, the GOLDEN GATE MANUFACTURING CO., a corporation, hereinafter referred to as the Seller, and the INTERNATIONAL LADIES' GARMENT WORKERS' UNION and the CHINESE LADIES' GARMENT WORKERS' UNION, both of which said Unions are hereinafter referred to as the Union,
WHEREAS, heretofore certain disputes arose between the Union and the Seller and also between the Union and the Buyer, which said disputes have been fully determined and settled; and
WHEREAS, the Union now acknowledges and admits that on February 8, 1938, the Buyer did make a bona fide sale of the Factory located at 720 Washington Street, San Francisco, California, to the Seller and that at all times since February 8, 1938, the Seller has been and now is owner and operator of said Factory and the sole employer of all of the employees working in and upon the premises where said Factory is located; and
WHEREAS, it is the intention of all of the parties hereto to make a declaration of policy as a basis for future business relationships as hereinafter set forth, which said declaration of policy shall be binding upon each of the parties hereto under the circumstances and upon the conditions as hereinafter set forth, and which said declaration of policy is intended by all the parties hereto to enable the Seller to find buyers for Seller's products of manufacture and thereby to operate at a profit the aforesaid Factory located at 720 Washington Street, San Francisco, California;
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth and in consideration of the recitals hereinabove set forth as well as in consideration of the several agreements entered into by and between the parties hereto, severally, at the same time that this agreement is entered into, settling all existing disputes between the parties hereto,
IT IS HEREBY AGREED:
1. This agreement shall remain in effect for a period of twelve (12) months from date hereof.
2. The Buyer hereby agrees to purchase from the Seller its requirements of those garments to be hereafter manufactured by the Seller that the Buyer can use for purposes of retail sale (being generally such character of garments as have been heretofore manufactured by the Seller and its predecessor in interest, and said Buyer's requirements being such garments as in the sole discretion of the Buyer it determines it may use and sell profitably in its retail business); provided, however, that workmanship, styles, quality, material and prices of such garments are comparable to the competitive market, and provided further that deliveries may be made by the Seller to the Buyer when and as required by the Buyer.
3. The Seller hereby agrees with the Buyer to manufacture for and sell to the Buyer and deliver to the Buyer as and when required by the Buyer those garments which the Seller manufacturers or will manufacture and agrees to manufacture said articles in a workmanlike manner, with workmanship, styles, quality, material and prices comparable to those of the competitive market.
4. The Union agrees to execute concurrently herewith a contract with the Seller setting forth the terms and conditions of employment of its members with the Seller and agrees to the performance thereunder in accordance with the terms thereof, and further agrees to cooperate with the Seller in every possible way to the end that the Seller may at all times efficiently manufacture garments with workmanship, styles, quality, material and prices comparable to those of the competitive market, providing said cooperation does not vary the terms and conditions of that separate agreement between the Union and Seller, referred to herein, and in said respect and thereby the Union acknowledges that the purposes of this agreement may and will be accomplished.
IN WITNESS WHEREOF, the parties by their duly authorized officers and representatives have executed this agreement the day and year first above written.
THE NATIONAL DOLLAR STORES, LTD.,
By (Signed) Harry F. Yip.
GOLDEN GATE MANUFACTURING CO.,
By (Signed) G. W. Wong Low
(Signed) Hoo Joe Sim
CHINESE LADIES' GARMENT WORKERS' UNION,
INTERNATIONAL LADIES' GARMENT WORKERS' UNION,
By (Signed) Jennie Matyas, Organizer International Ladies' Garment Workers' Union.
Go Quai Sing, Pres.
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