Vagim Packing Co.

In the Matter of J. G. VAGIM, AN INDIVIDUAL, DOING BUSINESS AS VA- GIM PACKING COMPANY and PACKING HOUSE EMPLOYEES UNION, LOCAL 19653 Case No. C-2121.-Decided March 7, 1942 Jurisdiction : dried fruits processing and packing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. John Paul Jennings, for the Board. Mr. lener W. Nielsen, of Fresno, Calif ., for the respondent. Mr. Malvern P. Hilliard, of Fresno, Calif., for the Union. Jt'Ir. Max E. Halpern, of counsel to the Board. DECISION and ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Packing House Employees Union, Local 19653, affiliated with the A. F. of L., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Fran- cisco, California), issued its complaint dated January 31, 1942, and its amended complaint dated February 10, 1942, against J. G. Vagim, an individual doing business as Vagim Packing Company, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the mean- ing 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. On January 31,'1942, copies of the complaint, accompanied by a notice of hearing, were duly served upon.the respondent and the Union. With respect to the unfair labor practices, the amended complaint alleged in substance: (1) that the respondent had discharged three named employees because of their membership in and activities on behalf of the Union; (2) that by the foregoing acts, the respondent interfered with, restrained, and coerced his employees in the exercise of the rights guaranteed by Section 7 of the Act; and (3) that by the 39 N. L. R. B., No. 102. 564 f, J. G. VAGIM 565 foregoing acts, the respondent discriminated in regard to the hire and tenure of employment of the said employees and thus discouraged membership in the Union. The respondent, filed his answer dated February 17,, 1942, to the amended complaint herein, denying, that he had engaged in or was en- gaging in the alleged unfair, labor practices. On February 18,'1942, the respondent, the Union, and the attorney for the Board entered into a stipulation, subject to the • approval of the Board, for settlement of the case. The stipulation provides as follows: STIPULATION It is hereby stipulated and agreed by and between J. G. Vagun, an individual doing business as Vagim Packing Company, herein- after referred to as the Respondent, by his attorney, Iener W. Nielsen, Packing House Employees Union, Local 19653, herein- after referred to as the Union, and John Paul Jennings, attorney, National Labor Relations Board, as follows: - I. Respondent is an individual doing business as'Vagim Packing Company, with his principal office and place of ' business at Fresno, Fresno County, California, hereinafter called the Fresno plant. Respondent is engaged at his Fresno plant in the business of processing and packing raisins, figs and other dried fruits. Raw materials used by-the Respondent consist principally of fruit grown and dried in, the vicinity of Fresno, California and pur- chased from the growers by Respondent. During the calendar year 1941 Respondent sold his dried fruit products for an amount in excess of one million dollars. In excess of 95% of the dried fruit products sold by -Respondent were sold and transported from Respondent's Fresno plant to points and places outside the State-of California. Respondent's business during the calendar year 1941 as above stipulated, was substantially the same as his business during the calendar year of 1940, and 'Respondent's business at the present time is sub- stantially the same as during 1941. For the purposes of this proceeding and not otherwise, Respondent- stipulates that his operations affect commerce within the meaning of Sectioni,2 (6) and (7) of the National Labor Relations Act: II. i Packing House Employees -Union,' ;Local' ^ 19653, is a labor organization within the meaning of Section ' 2- (5) 'of the National Labor Relations Act, affiliated with the American' Federation of - Labor. ' 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. All the parties hereto waive their right to a hearing, to the making of findings of fact and conclusions of law by the National Labor Relations Board herein, and to any other or further pro- cedure before said Board, and agree that the charges, complaint, amended complaint and notice of hearing, affidavit as to service of said complaint and notice of hearing, the answer of Respondent, the National Labor Relations Board Rules and Regulations--, Series 2, as amended, and this Stipulation, shall constitute the entire record in this case and shall dispense with the necessity for the hearing provided for in the said complaint and notice of hearing. This record shall be filed with the National Labor Relations Board by transmitting the same to the Chief Trial Examiner of the said Board at Washington, D. C. IV. Without admitting that the unfair labor practices alleged in the complaint or referred to in the form of order set forth below have been committed by any of the parties hereto, and expressly on the understanding that nothing contained in this stipulation or in the order or decree provided for herein shall be construed as an an admission or finding, express or implied, that any such unfair labor practices have been committed by any of the parties hereto, the parties join in this stipulation to the end that this matter may- be amicably and promptly settled. Upon the entire record herein, including this stipulation if and when approved by the National Labor Relations Board, an, order may be forthwith entered by the said board as follows: 1. Respondent, J.'G. Vagim, his agents, successors and assigns shall not: (a) In any manner interfere with, restrain or coerce his em- ployees in the exercise of their right to form, 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 protec- tion; (b) Discourage membership in Packing House Employees Union, Local 19653, A. F. of L., or any other labor organization of its employees, by discriminating against said employees in respect to their hire or tenure of employment or any term or condition thereof. 2. Respondent, J. G. Vagim, his agents, successors and assigns, shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: J. G. VAGTM 567 (a) Offer to Charles W. Morgan, Rivers Spradling and Lorenzo Allie, reinstatement to their former or substantially equivalent positions at the beginning of the 1942 season, without prejudice to their seniority or other -rights or privileges, before offering employment to any individual not in the employ of Respondent on October 8, 1941 (b) Make whole Rivers Spradling and Lorenzo Allie for any loss of pay they may have suffered from October 9, 1941 down to the date hereof by payment to Rivers Spradling of the sum of $45.00 (forty five) [sic] and by payment to Lorenzo Allie of the sum of $45.00 (forty five) [sic]. (c) Post and maintain for sixty consecutive days, notices in conspicuous places in its Fresno plant, setting forth the provisions of Paragraph 1 of this Order and stating that the employees of Respondent are free to join or assist Packing House Employees -Union, Local 19653, A. F. of L., and that such action on their part will not effect their employment status with Respondent. (d) Notify the Regional Director for the Twentieth Region, in writing, within twenty days from the date of this Order, of the steps taken by Respondent to comply herewith. - V. After the entry of the Order by the National Labor Relations Board as provided for in Paragraph IV hereof, there may be entered in the United States Circuit Court of Appeals for the Ninth Circuit, a decree by said Court enforcing said Order in full, and each of the parties hereto hereby consents to the entry of said decree and hereby waives prior notice thereof. VI. It is expressly understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board. VII. This stipulation contains the entire agreement between the parties hereto and there is no understanding, oral or written, adding to or in anywise altering the provisions of this stipulation. On February 28, 1942, the Board issued- its Order approving the above stipulation and making it a part of the record in the case. Upon the above stipulation and the entire record in the case, the Board makes the following: 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE, BUSINESS OF THE RESPONDENT The respondent is an individual doing .business as Vagim Packing Company and has his principal office and place of business at Fresno, Fresno County, California, where, he is engaged in the business of processing and packing raisins,,figs, and other dried fruits. The raw materials purchased by, the -respondent consist principally .of fruit grown and dried in the vicinity of Fresno, California. During the calendar year 1941, the respondent sold dried fruit products in an amount in excess of $1,000,000, 95 percent of which were sold and transported by the respondent to points outside the State of California. The respondent's business at the present time is substantially, the same as during the year 1941. The respondent admits that he is engaged in commerce within the meaning of the Act. 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 foregoing findings of fact, the 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 respondent, J. , G. Vagim, doing business as Vagim^ Packing Company, his agents,, successors, and assigns shall: 1. Cease and desist from: (a) In any manner interfering with, restraining, or coercing his employees in the exercise of their right to form, join, of 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; (b) Discouraging membership in Packing House Employees Union, Local' 19653, A. F. of E., or any other labor organization of his- employ- ees, by discriminating against said employees in respect to their hire or tenure of employment or any term or condition thereof. 2. Take the following affirmative action which will effectuate the policies of the Act: (a) Offer to Charles W. Morgan, Rivers Spradling and Lorenzo Allie, reinstatement to their former or substantially equivalent posi- tions at the beginning, of the 1942' season, without prejudice to their seniority or other rights or privileges, before offering employment to any individual not in 1 he employ of Respondent on October 8, 1941; (b) Make whole Rivers Spradhng and Lorenzo Allie for any loss of pay 'they may have suffered from October 9, 1941, down to the date hereof by payment to Rivers Spradling of the sum of forty-five J. G. VAGIM 569 dollars ($45.00) and by payment to Lorenzo Allie of the sum of forty- five dollars ($45.00); (c) Post and maintain for sixty (60) consecutive days, notices in conspicuous places in its Fresno plant, setting forth the provisions of Paragraph 1 of this Order and stating that the employees of Respondent are free to join or assist Packing House Employees Union; Local 19653, A. F. of L., and that such action on their part will not affect their employment status with Respondent; (d) Notify- the Regional Director for the Twentieth Region, in writing, within twenty (20) days from the date of this Order, of the steps taken by Respondent to comply herewith.