Guggenhime & Co.

In the Matter of GUGGENHIME & COMPANY and FRESNO PACKING HOUSE EMPLOYEES UNION, LOCAL #19653, A. F. L. Case No. C-2114.-Decided March 11, 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. Heller, Ehrman, White di McAuliffe, by Mr. Martin Minney, Jr., of San Francisco, Calif., for the respondent. Mr. John J. Sweeney, of Fresno,.Calif., for the Union. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND - ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Fresno Packing House Employees Union, Local #19653, A. F. L., herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Twentieth Region (San Francisco, California) issued its complaint dated February 13, 1942, against Guggenhime & Company, Fresno, California, herein called the respond- ent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Sec- tion 8 (1) and (3) and Section 2 (6) and (7) of the' National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the com- plaint accompanied by notice of hearing, were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in substance (1) that on or about January 29, 1941, the respondent refused to reemploy certain specified persons because of their mem- bership in, and activities on behalf of, the Union; (2) that respondent discriminated against certain other specified employees during the 1941 packing season by delaying their reemployment, by laying them off prematurely, and by decreasing the amount of their work because of their membership in and activities on behalf of the Union; and (3) 39 N. L R. B., No. 127. 665 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that by these and other acts, the respondent interfered with, restrained, ,and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 19, 1942, the respondent filed its answer in which it denied the material allegations of the complaint. On February 17, 1942, prior to the scheduled hearing in the case, the respondent, the Union, and counsel for the Board entered into a stipulation, subject to the approval by the Board, in settlement of the case. The stipulation provides as follows: It is hereby stipulated and agreed by and between Guggenhime & Company, a corporation, hereinafter referred to as the Respond- ent, by its attorneys, Heller, Ehrman, White & McAuliffe, Fresno Packing House Employees Union, Local No. 19653, A. F. of L., hereinafter referred to as the Union, and John Paul Jennings, Attorney, National Labor Relations Board, as follows: I. Respondent is, and has been since July 10, 1928, a California corporation, having its principal, office and place of business at San Francisco, California and a place of business at Fresno, Fresno County, California, hereinafter called the Fresno plant. Re- spondent is engaged at the Fresno plant and at other plants at Modesto and San Jose, California, in the processing, packing and shipping of dried fruits. During the calendar years 1940- and 1941 respectively, Respondent sold and shipped from all three of its plants, products of said plants valued at in excess of two million dollars, including products of the value of over one million dollars, shipped from the Fresno plant. During each of said years, in excess of 80% of said products by volume and value was shipped from Respondent's plants in California, including the Fresno plant, to points and places outside the State of California. For the purposes of this proceeding, and not otherwise, Respondent admits that its operations affect commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act. II. Fresno Packing House Employees Union, Local 19653, is a labor organization within the meaning of Section 2 (5) of the Na- tional Labor Relations Act, affiliated with the American Federa- tion of Labor. 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- GUGGENIIIME & COMPANY 667 cedure before said Board, and agree that the charges, 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 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 forth- with entered by the said Board as follows: 1. Respondent, Guggenhime & Company, its officers, agents, successor and assigns shall not: (a), In any manner interfere with, restrain or coerce its employ- ees in the exercise of their right 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- poses of collective bargaining or other mutual aid or protection; (b) Discourage, membership in Fresno Packing House Employ- ees 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, Guggenhime & Company, its officers , agents, successors and assigns , shall take the following affirmative action to effectuate the policies of the National Labor Relations' Act: (a) Offer to Dora Godfrey immediately full reinstatement to her former position at Respondent's Fresno plant without prejudice to her seniority or other rights or privileges. (b) Offer to W. H. Behm reinstatement to his former or a substantially equivalent position as soon as any such position a 668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD becomes available, without prejudice to his seniority or other rights or privileges. - ,(c) Offer to each of the employees named on-Appendix "A" attached hereto, reinstatement to their former positions if avail- able, and if not available, to substantially equivalent 'positions, at the beginning of the 1942 season without prejudice to their seniority or other rights or privileges. (d) Make whole each of the employees named on Appendix "B" attached hereto, for any loss of pay that he may have suffered from January 29, 1941, down to the date of this Order, by pay- ment to them of the sum of money set beside their respective names on Appendix "B." (e) 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 Fresno Packing House Em- ployees Union, Local 19653, A. F. of L., and that such action on +their part will not affect their employment status with Respondent. (f) 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 agreement and full performance by Respondent thereof shall be in full settlement of all charges of unfair labor practices now, or hereafter, alleged to have occurred at any time prior to the date of this Stipulation. VIII. 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. GUG'GENHIME & COMPANY 669 On February 24, 1942, the Board issued its order approving the ,stipulation, making it a part of the record, and pursuant' to Article II, 'Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, transferring the proceeding to the Board for the purpose of entry of a decision and order pursuant to the pro- visions of said stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Guggenhime & Company is a, California corporation, engaged in the processing, packing, and shipping of dried fruits. It maintains plants at Fresno, Modesto, and San Jose, California. In 1940 and 1941 the respondent shipped from all its plants products valued at more than 2 million dollars. More than 80 percent of its products by volume and value was shipped to points outside the State of California. The respondent admits, for the purposes of this proceeding, that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations 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 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 Guggenhime & Company, Fresno, California, its officers, agents, successors , and assigns: 1. Shall not: (a) In any manner interfere with, restrain or coerce its employees 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 protection; (b) Discourage membership in Fresno Packing House Employees Union, Local 19653, A. F. 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. Shall take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to Dora Godfrey immediately full reinstatement to her former position at the respondent's Fresno plant without prejudice to her seniority or other rights or privileges; 670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Offer to W. H. Behm reinstatement to his former or a substan- tially equivalent position as soon as any such position becomes available,, without prejudice to his seniority or other rights or privileges; (c) Offer to each of the employees named on Appendix "A," attached hereto, reinstatement to their former positions if available, and if not available, to substantially equivalent positions, at the beginning of the 1942 season without prejudice to their seniority or other rights or privileges; (d), Make whole each of the employees named on Appendix "B," attached hereto, for any loss that he may have suffered from January 29, 1941, down to the date of this Order, by payment to them of the sum of money set beside their respective names on Appendix "B"; (e) 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 the respondent are free to join or assist Fresno Packing House Employees Union, Local 19653, A. F. of L., and that such action on their part will not affect their employment status with the respondent; (f) 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 the respondent to comply herewith. George Kindsvater Mike Bellow George Rommel Flora M: Long Albert Nielson Settinio Rampino APPENDIX "A" William Coleman Ben F. Graves Frank Walther Peter John Kuhlman A. Scherer Albert Schwaberland APPENDIX "B" Annie Adolph------------------------------- $3.77 Mollie Rosenthal------------- ------------- ------ --------- 53. 13 Mollie Boos--------------------------------- 53.13 Alex Fleming------- ------------------------ 25.00 448105-42-vol. 39-44