Anchor Serum Co.

In the Matter of ANCHOR SERUM COMPANY and PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, LOCAL #58, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-23,56.-Decided March 26, 1943 Jurisdiction : stock serum manufacturing industry. Unfair Labor Practices In General: instructions to supervisors to refrain from interfering in certain union activities held not to absolve respondent from responsibility for unlawful acts of supervisors, when respondent did not communicate such instructions to employees or repudiate the unlawful acts of the supervisors,' and where the instructions were not intended to be, and in fact were not, extended to other union activities. Company-Dominated Union: first organization: urging, formation of, when affili- ated union made efforts to organize employees ; permitting meeting to be held in plant to discuss formation of ; declaring favorable attitude toward "company union" ; supervisors' attending meetings and becoming members of ; second organization : found to have been formed as device to escape the illegal aspects of the first organization when the vote to form the second was taken at a meeting of the first and the formal organization of the second occurred' only four days later ; there was no formal abandonment of the'first and the respondent took no steps to dissipate the illegal influences which brought it into existence ; notices relative to the formation of the second were posted throughout the plant ; the'same persons who held office in the first were elected to similar offices in the second ; and when supervisors attended the meetings, and became members of the second. Remedial Orders : dominated organizations disestablished. Mr. Paul Nach,tman and Mr. Clarence D. Musser, for the Board. Brown, Douglas &' Brown, by Mr. H. Templeton Brown, of St. Joseph, Mo., for the respondent. Mr. Miles Elliott, of South St. Joseph, Mo.,, for the Independent. Mr. Gerard J. Manacle, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge duly filed by Packinghouse Workers Organizing Committee, Local #58, affiliated with the Congress of 48 N. L. R. B., No. 72. 574 ANCHOR SERUM -COMPANY '575 Industrial Organizations, herein 'called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Seventeenth Region (Kansas City; Missouri,), issued its com- plaint dated July 10, 1942, against Anchor Serum Company, South St. Joseph, Missouri, herein called the respondent, alleging thatrthe respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce,'within the meaning of Section 8, (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49k Stat. 449, herein called the Act. Copies of the complaint, accompanied by notice of hearing, were duly served upon the respond- ent, the Union, and Serum Employees Union of South St. Joseph, Mo.. herein called the Independent. With respect to the unfair labor practices, the complaint alleged in substance that the respondent : (1) ' on certain dates discharged Ted Williams, William Pettet, Fred Williams, and Clarence Singleton, and thereafter refused to reinstate them, because of their union member- ship and activity; (2)' on or about May 27, 1941, and thereafter, dominated and interfered wit lithe formation and administration of the Serum Employees Union, herein called the S: E. U., and con- tributed support thereto; (3) on or about June 9, 1941, and thereafter, dominated and interfered with the formation and administration of the Independent, successor' to the S. E.'U., and contributed support thereto; and (4) by the foregoing acts, and by (a) making statements prejudicial to and disparaging of the Union, (b) watching and spying upon the employees to obtain information with regard to their union affiliation and' activities, (c) threatening to destroy the' Union, (d) threatening' to discharge employees who affiliated with the Union, (e) granting general pay increases to all employees for the purpose of discouraging affiliation with and activities on behalf of the Union, and (f) encouraging employees to withdraw from the Union by threats of bodily injury, interfered with, restrained, and coerced its employees in the'exercise of the rights guaranteed in Section 7 of the Act. , On July 18, 1942, the respondent filed an answer admitting the allegations of the complaint with ,respect to its business but denying that it had engaged in any unfair labor practices. Pursuant to notice a hearing was held on July 27, 28, 29, and,30, ` 1942, at St. Joseph, Missouri, before James C. Batten, the Trial Examiner'duly designated by, the Chief Trial Examiner. ' The Board, the respondent, and the Independent were represented 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. At the opening of the hearing, a petition to intervene,filed by the Independent was granted, insofar as its interests were affected. At the close of the hearing,' a motion to amend the complaint to'conform to the proof as to minor particulars was granted 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD without objection. Rulings were made by the Trial Examiner on various other motions and on objections to the admission of evidence during the course of the hearing. The Board has reviewed the rulings and finds that no prejudicial errors were committed. The rulings of the Trial Examiner are hereby affirmed. On August 20, 1942, a stipulation was executed by all the parties to the proceeding wherein the respondent agreed : (1) to reinstate Ted Williams, William Pettet, Fred Williams, and Clarence Singleton with back pay; and (2) to post a notice in its plant stating that it would not in any manner (a) discourage membership in the Union or in any other labor organization of its employees, by discriminating in regard to their hire or tenure of employment, or (b) interfere with, restrain,' or coerce its employees in the exercise of the rights guaranteed by Sec- tion 7 of the Act. The stipulation also provided that the "allegations, in the amended charges and complaint that `the respondent has domi- nated and interfered with the formation and administration of the Serum Employees Union and the Serum Employees Union of South St. Joseph, Missouri, by contributing financial and other support thereto,' shall be determined on the record in this case by the Trial Examiner and/or the Board the same as though this stipulation had not been entered into," and "nothing shall preclude the Trial Examiner or the Board from considering all- of the evidence heretofore -ad- duced .." On September 8, 1942, the Board issued an order approv- ing the stipulation. On October 12, 1942, the Trial Examiner filed his Intermediate Re- port, copies of which were duly served upon the parties, in which he found that the respondent had engaged in and was engaging in unfair labor practices, within the meaning of Section 8 (1) and (2) and Sec- tion 2 (6) and (7) of the Act, and recommended that the respondent cease and desist therefrom and take certain affirmative action, includ- ing disestablishment of the Independent, deemed necessary to effectuate the policies of the Act. On,October 26, 1942, the respondent filed exceptions to the Inter- mediate Report and a brief in,support thereof. No request for, oral argument was received. The Board has considered the respondent's exceptions and brief, and insofar as the exceptions are inconsistent with the findings, conclusions, and order set forth below, finds them to be without merit. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. TIM BUSINESS OF THE RESPONDENT The respondent, a Missouri corporation, with its principal office and plant at South St. Joseph, Missouri, is engaged in the manufacture and ANCHOR SERUM - COMPANY 577 sale of stock serum and similar products. More than 50'percent of the raw materials and supplies used by the respondent are received from - points outside the State of Missouri; more than 90 percent of its finished products are shipped to points outside the State of Missouri. - During 1941 the respondent's sales were in excess of $800,000. The respondent concedes that it is engaged in commerce within the mean- ing of the Act. - II. THE ORGANIZATIONS INVOLVED Packinghouse Workers Organizing Committee, Local .#58, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the respondent. Serum Employees Union was an unaffiliated labor organization, ad mitting to membership employees of the respondent. Serum Employees Union of South St. Joseph, Mo., is an unaffiliated labor organization, admitting to membership employees of the re- spondent. III. THE UNFAIR LABOR PRACTICES A. Chronology of events In May 1941 the Union commenced to organize the respondent's em- ployees. On May 25, employee Clarence Singleton and C. I. O. or- ganizer Pittman arranged for a meeting to be held on the evening of May 26 at the C. I. O. hall in South St. Joseph. Singleton notified employees of the meeting. During the afternoon of May 26, employee Harry Arnold informed Ted Jamison, foreman of the serum and virus department, of the meeting and invited him to attend. That evening, Dr. F. M. Murdock, employed by the respondent as its veterinarian since May 1 or 2, 1941, dined at the Jamison home. According to Murdock, during the course of the dinner, Murdock and Jamison discussed the union activity at the plant. After dinner, at. Jamison's suggestion, they drove in Jamison's automobile to the C. 1. 0. hall, and talked with Singleton 1 and some other employees, who were standing outside the hall. Some of the employees* stated that they were going to the meeting because they thought that they should have some kind-of an organization. According to,the admissions of Mur- dock and Jamison, they urged the employees, not to be hasty in organ- izing and suggested the formation of an unaffiliated union. 'Murdock testified that he and Jamison talked to employees Jackson and Thomas on this occasion , but not to Singleton . Singleton , however, testified that he participated In the conversation Jamison testified that they talked to Bob Thomas , Jack Jackson, and "one or two of the Herrbn boys," but did not deny that Singleton was present . None of the other employees present was called upon to testify . Inasmuch as Singleton's testimony as to the conversation is in substantial accord with that of Murdock and Jamison. we find, as did the Trial Examiner , that he was present and participated in the conversation. 578 ' DECISIONS OF ,NATIONAL LABOR RELATIONS BOARD After this conversation, Murdock and Jamison drove away but returned in 2 or 3 minutes and stopped the automobile across the-street from the hall. Harry Arnold, who had invited Jamison to the meet- ing, and employee Harris Ritchie went across the street to talk with Jamison and Murdock. According- to the undenied testimony of Jamison 2 they talked with Arnold and Ritchie for about 5 minutes about the narrow escape they had just had from an automobile acci- dent'and then drove away. Shortly thereafter the employees went into the meeting, where a number of them, including Singleton, joined the'Union. - ' According to Murdock, he and Jamison then proceeded to a nearby restaurant, frequented by officials and other employees 'of the respond- ent. There they met Edgar A. Poe, treasurer of the respondent and in active charge of the plant, and related the occurrences of the eve- ning.3 Murdock testified that "everyone there [the restaurant] was a good deal excited about this situation but . . . nothing was done about it." He added that Poe advised them to "stay away from there [the C. I. O. hall] from now on," and that Poe "didn't think" they "had a right being over there." 4 On May 27, 1941, the day after the meeting at the C. I. O. hall, a meeting of all employees was held in the clear serum laboratory of the plant after working hours. David Turner III, an employee, testified that the meeting was arranged that afternoon when "Red" Martin, also an employee, thought they "ought to get the boys together . . . to see if we couldn't talk these boys [C. I. O. members] into going with us or going in with them," and accordingly "it was noised about the plant" that there would be a meeting. Murdock attended the meeting. After a general and disorganized discussion, Murdock was introduced by Turner III. According to Murdock, he told the employees that if he were in their position he would not particularly prefer the C. I. O. Murdock further testified that he told the employees "what could happen under those conditions" by relating the difficulties experienced by another serum company being organized by the C. I. 0., and stated that this company could make "things rather mean" for the employees by making serum "as fast as they wanted to during the summer months and when the shut-down came then nobody would have a job." Sin- gleton testified that Murdock also said that he had seen the C.. 1. 0. and 2 Arnold and Ritchie were not called t6 testify. Murdock , Jamison, and Poe testified that they had not arranged'to meet at the restau- rant. Poe testified that he had been at his farm, about 70 miles away, during the day and had duven to the plant that evening, arriving about 7 o'clock, to inspect an ice machine ; that he had talked to Nate Swope, construction and building foreman, about the machine at the plant, and then had gone to the restaurant to eat. Swope denied. however, that he saw Poe at the plant that evening The Trial Examiner rejected Poe' s explanation for his presence in the restaurant we find, as did the Trial Examiner, that Poe went to the restaurant for the purpose of receiving a report on the C. I O. meeting. ' Poe and Jamison testified to the same effect. ANCHOR SERUM COMPANY 579 the A. F: of L. tried in 'a small plant, that it had not worked out, and that he felt that the respondent could do more for the employees if they belonged to a "company union." Murdock testified that he re- called having said something to that effect, but that he did not think that he said that the "company would like it better." In view of the remarks admitted by Murdock, his admission as to the substance of the remarks attributed to him by Singleton, and his partial and equiv- ocal denial, we'credit Singleton's testimony. Four days latei a party was held in the basement of the home of Charles Dudecki an-employee. About 30 employees, including Jami- son, Murdock,-and J. B. Stahlin, the respondent's timekeeper and supervisor of the pasteurization department, were present. Although Turner III testified that he and Dudeck had decided to hold the party for the purpose of establishing an unaffiliated union, the employees were not informed, prior to the party, of this purpose. Murdock testified, however, that when Turner III and Dudeck invited him they told him the meeting was for the purpose of seeing "if they could get up,an organization of their own." During the party Turner III told the assembled employees that there was a need for an organization; and he thought they should form an "independent union" similar to the one at a nearby plant of Swift & Company. Dudeck likewise ad- dressed the employees, telling them that the meeting was held because some of the employees were not satisfied with the C. I. 0. and would like to form an organization of their own. Murdock then read the constitution of the union at Swift's which, he testified, he had obtained from employee Philip Duve, whose father worked at the Swift plant. According to Murdock, "some kind of a petition . . . to the effect that they were going to join an organization or make up an organiza- tion" was circulated and all present, including Jamison and Murdock, signed the petition except "possibly one girl." 6 According to Turner III, however, the constitution, not a petition, was circulated among and signed by' the employees. He further 'testified that the constitu- tion was adopted at this meeting and officers were elected, as follows: Turner III, president; Dudeck, vice president; and Fern Filpert, secretary and treasurer. The organization was named Serum Em- ployees Union.6 According to Turner III, the S. E. U. constitution contained no provision, nor was provision otherwise wade, for a griev- ance committee, ,bargaining committee, initiation fees, or `dues. He further testified that no attempt was made by the S. E. U. to bargain with the,,respondent. c None of the documents or records of the S E. U. were introduced in evidence Turner III testified that Fern Filpert, secretary of the S E. U., had destroyed the constitution and all records when the S. E. U. was later abandoned. Turner III was not sure whether it was named Serum Workers Organization or Serum Employees Union We find, as did the Trial Examiner, that the organization was, named Serum Employees Union 521247-43-vol. 48-38 580 DECISIONS OF :NATIONAL LABOR RELATIONS BOARD On the following evening, another meeting was held in Dudeck's basement, to which invitations, were extended to a number of employees who were not invited the,preceding night., According to Murdock, 45 employees attended this meeting; according to Turner III, all ein- ployees were there except Jamison. Turner III testified that the constitution was read to the "new employees up there and they signed it." During. this meeting, several employees expressed doubt as to the legality of the organization because of conducting ineetings in "a man's home" and having "foremen and such at ... organization meetings." Thereupon a committee was appointed, with Turner III as chairman, to consult an attorney concerning the legality of the organization. Turner III subsequently consulted Miles Elliott, an attorney, and was, advised, according to Turner's testimony, that the S. E.• U. was "out of order," because they "had had the meeting in a private home and it should have been in a public hall and all the employees should have been informed instead of the few" they had informed. Elliott further advised Turner III to post a notice in the plant so that every- one would know that they contemplated forming an unaffiliated union and prepared such a notice. According to the testimony of Turner -III, he thereafter arranged for a meeting to be held at the Transit House, in South St. Joseph, on June 5, 1941. According to Murdock, who was present, a majority of the employees attended this meeting. Two C. I. O. representatives, Mr. Pittman and Mr. Ussey, requested, and were granted, permission to attend and talk to the employees about the C. I. O. After they had finished talking and had left the hall, Turner III called upon Murdock to speak. Murdock, according to his testimony, urged the employees to "stick together" with .the unaffiliated union they had organized. Turner III testified that he then reported on his consultation with Attorney Elliott, and advised the employees that if they' wanted to ,organize legally they would have to post notices to that effect. He thereupon requested all who were in favor of starting an "Independ- ent" union to stand, and "all but five or six stood." 7 A few days later notices were posted at various places throughout the plant, reading as follows : NOTICE There will be a meeting of the employees of Anchor Serum Company, So. St. Joseph, Mo., Monday night June 9, 1941, at ' Murdock contradicted Turner III by testifying that the only vote taken, was one to dls band the S . E U. We credit the testimony of Turner As one of the chief organizers of the S E. U it is more likely that Turner 'would recall the events clearly. In addition, Turner ' s version is more consistent with events thereafter . No notice of disestablishment was ever posted , but 3 or 4 days later a notice of a meeting to organize the Independent was posted. , ANCHOR SERUM COMPANY 581 7,:30 at the Transit Mouse-for the purpose of organizing an independent union. All employees are asked to be present. The notice carried the signatures of employees H. B. Martin, Jr., David A. Turner III, Chas. Dudeck, and -Vince Kates, and of Nate Swope, construction foreman. Turner III also made the arrangements for the June 9 meeting. At this meeting, the formation of the Independent was consummated. Forty-one employees signed membership cards, all persons who had held office in the S. E. U. were elected to similar offices in the Inde- pendent, and a committee was appointed to draft a constitution and bylaws. Murdock and Jamison did not attend this meeting, nor did they further participate in the Independent.' The constitution and bylaws were adopted at a meeting held `on June 11, 1941, at the Transit House, and provided, among other things, that the organization be named the Serum Employees Union of South St. Joseph, Mo., and for dues of $1 a month. According to Turner III, no bargaining committee was appointed, but a grievance committee, which never functioned, was appointed. By letter dated June 12, 1941, addressed to the respondent, the Inde- pendent claimed to represent 75 percent of the respondent's employees, and requested recognition as bargaining representative. The respond- ent replied, by letter dated June 14, 1941, that it would recognize no union as sole bargaining agent of its employees, until certified by the Board. The minutes of the monthly meetings ' of the Independent from June 9, 1941, to December 1, 1941, which were introduced in evidence, deal only with the internal affairs of the Independent, and lack any recital as to dealings with the respondent. Turner III testified that the grievance committee did meet with Poe-on one occasion, in the fore part of 1942, to discuss problems concerning holidays and vacations, but they went as a committee representing all the plant, and not as "a representative of the union." The afore-mentioned minutes also show that Nathan S. Swope 9 and J. B. Stahlin signed membership cards' at the June 9 meeting, and were later active in the Independent. Poe testified that Swope was chief maintenance man, having as high as eight men working under him at times. Swope identified himself as construction foreman. Both Poe and Swope testified that Swope had authority to hire and lay off employees. Poe described Stahlin as supervisor of the pasteuriza- tion of serum, having from one to three men under his supervision, .8 Turner III requested Murdock not to participate in the Independent's activities, be- cause there was some doubt conceiving his supervisory status. 8 Herein also referred to as Nate Swope. '582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and also as, the respondent's timekeeper. We find that Swope and Stahlin were supervisory employees.lo B. Condeusions I It is obvious that Murdock and Jamison furnished the impetus for the organization of the S. E. U. Thus, at the time of the first organizational meeting of the Union, they appeared outside the C. I. O. hall for the purpose of dissuading employees from joining the Union and suggested instead the formation an unaffiliated union. There is no evidence that the employees contemplated this form of organization prior to the suggestion by Jamison and Murdock." On the, following day, during the meeting in the plant, Murdock not only again advised the formation of an unaffiliated union, but also in- timated that unfavorable consequences would attend affiliation with the C. I. 0., and stressed the favorable attitude of the respondent toward a "company union." Again, at the first meeting in Dudeck's basement, when the organization of the S. E. U. was effected, Mur-, dock was present and active. In addition, he and Jamison became members of the S. E. U. at this meeting. Also, at the first meeting held in the Transit House on June 5, Murdock, following the remarks by the C. I. O. representatives, attempted to counteract the effects of their arguments by again championing the cause of the S. E. U. Murdock was the outstanding advocate of an unaffiliated organization throughout all the crucial phases of the S. E. U.'s existence. Furthermore, it appears that Murdock's presence was not lacking in the councils leading to the organization of the S. E. U. Thus, Turner III; who arranged for the meetings and later became president of both the S. E. U. and the Independent, had talked to Murdock about, the matter of organizing an unaffiliated union "both at the plant and off ,the plant." When invitations were issued for the first meeting at Dudeck's, although the employees were not, informed of the pur- pose of the meeting, Murdock not only knew that their purpose was to form an inside union, but also prepared for the meeting by obtaining a copy of the constitution of another unaffiliated organization to read at the meeting. Moreover, the fact that Turner III invariably called upon Murdock to speak at the meetings indicates his participation in the arrangements for the entire program to organize. In view of 10 The Trial Examiner found likewise as to Swope, but made no finding as to Stahlin "Although Turner testified that lie talked to Dudeck, Swope, and Murdock conceiving the formation of an'unafhliated oigamzation prior to the meeting in the clear serum lab-, oratory , this testimony, even if true , does not establish an uncoerced desire on the part of the employees to form such an organization Swope and Murdock, as discussed elsewhere, were management representatives Turner and Dudeck were primarily responsible for cai- rving out the respondent's wishes by the establishment of the two successive unaffiliated organizations - ANCHOR SERUM COMPANY 583 Murdock's close association with Jamison, their original joint advo ,c icy of an unaffiliated union, and their membership in the S. E. U., the conclusion is unescapable that Jamison's influence was nonetheless important in these activities, although generally less conspicuous. The respondent's responsibility for the activities of Jamison, fore- man of the laboratory, is clear. The respondent's liability for the activities of Murdock is equally clear. Murdock was employed by the respondent as a veterinarian,' under a contract for 3 years, at $4,000 a year. His name is carried on the letterheads of the respond- ent under the title "Associate Research." In the words of Poe; Mur- ,dock was the "associate research,man . . . His duties is looking: after the horse plant '.. . he does all things that might be required of a• veterinary or a bacteriological man of his kind. If Dr. Logan is gone, they switch work.12 There are two of them there. The rest of us don't understand what they do and we don't do it . . . they do a class of work that just those men can do because they are the only ones that have the training." Murdock testified that his duties were "largely associate research," and that he had a technical assistant under his direction part of the time. Thus, Murdock was not en- gaged in ordinary plant work, but performed duties which allied him more closely to the management of the respondent than to the other employees. It is reasonable to assume that to the employees in general he represented the management. Furthermore his association with Jamison in the above-described activities could only impress the employees with the belief that in these activities Murdock reflected the wishes of the management. We find, as did the Trial Examiner, that the respondent is responsible for the above-described activities of Jamison and Murdock 1S Although Poe had instructed Jamison and Murdock at the restau- rant to refrain from interfering in C. I. 0. activities, the respondent is not thereby saved from responsibility for the unlawful acts of Jamison and Murdock, particularly since the respondent did not com- municate the instructions to the employees generally, nor repudiate their unlawful acts.14 "Poe testified that the whole plant worked under Logan and that Logan was "responsi- ble for all the production of the whole thing " 13 Turner III and "Red" Martin, both active in the formation of the S. E. U. and the Independent, were sons of two foremen in the plant . - The Trial Examiner found that in crew of this relationship their activities were imputable to the respondent. We do not believe that relationship alone is sufficient to warrant such responsibility. 14 H. J Heinz Company v. N. L. R. B , 311 U. S. 514, enf'g Matter of H. J. Heinz Com- pany and ' Canning and Pickle Workers, Local Union No. 325, affiliated with Amalgamated Meat Cutters and Butcher Workmen of North America, American Federation of Labor, 10 N L. R. B. 963; F. W. Wbolicorth Company v. N. L. R. B., 121 F. (2d) 658, mod. Matter of F TV Woolworth Company, et al and United Wholesale J Warehouse Employees of New York, Local 65, United Retail tf Wholesale Employees of America , 25 N. L. R. B. 1362 ; North Carolina Finislwng Company v. N L. R. B. (C. C. A. 4), decided February 17, 1943, enf'g Matter of North Carolina Finishing Co. and Textile Workers Union of America, C. I. 0., 44 N.L.R B . 184. 1 . 584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Furthermore, it is obvious that the instructions were not intended• to be, and in fact were not, extended to other union activities 15 Not only- did the, respondent fail. to disavow the subsequent prominent activities of Murdock, Jamison, and other supervisors in the S. E. U. and the Independent, but their activities followed the pattern estab- lished by the respondent in permitting the holding of the meeting of May 27 in the plant and the posting of notices for the meeting of June 9 at various places throughout the plant. As a device to escape the illegal aspects of the S. E. U., the Inde- pendent was formed on June 9. The vote to organize the Independent was taken at, a meeting of the S. E. U., while the employees, after 'listening to the C. I. 0. representatives, were still freshly impressed by Murdock's plea to "stick together" with the S. E. U. The formal organization occurred only 4 days later, and the same persons who had held office in the S. E. U. were elected to similar offices in the Inde- pendent. There was no clearly defined transition from one organiza- tion to the other. There was no formal abandonment of the S. E. U., and the respondent took no steps to dissipate the illegal influence which brought the S. E. U. into existence. Moreover, the' active influence of the respondent continued unabated in the Independent through the membership and activities of Swope and Stahlin. Even though eligible to membership in the Independent,, Swope and Stahlin were, as we have found, clearly such supervisory employees as to impute to the respondent responsibility for their activities. From the foregoing we find, as did the Trial Examiner, that the respondent has dominated, interfered with, and contributed support to the formation and administration of the S. E. U. and the Inde- pendent, and thereby has interfered with, restrained; and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the respondent set forth in Section III, above, occurring in connection with the operations of the respondent de- scribed in Section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. , 16 Poe testified that he continued to caution his supervisory employees not to interfere in any union activities. In view of the continued open participation of supervisors in both the S E . U and the Independent, we do not credit this testimony In any event, unenforced instructions do not absolve the respondent of responsibility for the unlawful acts of its supervisors . See cases cited in footnote 14, supra. . ANCHOR SERUM COMPANY 585 V. THE REMEDY Having found that the respondent has engaged 'in certain unfair labor practices, we shall order it to cease and desist from such prac- tices and to take certain affirmative action which we deem necessary to effectuate the policies of the Act. We have found that the respondent has dominated and interfered with the formation and administration of the S. E. U. and of the Independent and has contributed support to these, organizations. In order to effectuate the policies of the Act and free the employees of the respondent from such interference and domination and the effects thereof, which constitute a continuing obstacle to the exercise by the Employees of the rights guaranteed them by the Act, we shall order that the respondent withhold all recognition from the S. E. U. and the Independent as the representative of the respondent's employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, and other conditions of employment. We shall also order the respondent to com- pletely disestablish the Independent. We have found that the respondent has interfered with the rights of its employees guaranteed in Section 7 of the Act, by interfering in ' the formation and administration of the 'S. E. U. and the Inde- pendent. Other alleged violations of the employees' rights to self- organization have been disposed of by the respondent agreeing to take certain affirmative action with respect thereto, as provided for in the stipulation referred to above. Under all the circumstances, we deem it necessary, in order to effectuate the policies of the Act, to order the respondent to cease and desist from in any other manner interfer- ing with, restraining, and coercing: its employees in the exercise of the rights guaranteed by Section 7 of the Act, and we shall so order. Upon the foregoing findings of fact, and upon the entire record in the case, the Board makes the following: CoNcLusIoNs of LAW 1. Packinghouse Workers Organizing Committee, Local #58, affili- ated with the Congress of Industrial Organizations, and Serum Em- ployees Union of South St. Joseph, Mo., unaffiliated, are labor-organ- izations, within the meaning of Section 2 (5) of the Act; Serum Employees Union, unaffiliated, was a labor organization, within the meaning of Section 2 (5) of the Act. 2. By dominating and interfering with the formation and admin- istration of Serum Employees Union and Serum Employees Union of South St. Joseph, Mo., and by 'contributing support to them, the respondent has engaged in and is engaging in unfair labor practices, within the meaning of Section 8 (2) of the Act. 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. By interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, the respond- ent has engaged in and is engaging in unfair labor practices, within the meaning of Section 8 (1) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce, within the meaning of Section.2 (6) and (7) of the Act. ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, Anchor Serum Company, South St. Joseph, Missouri, and its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner'dominating or interfering with the administra- ti on of Serum Employees Union and Serum Employees Union of South St. Joseph, Mo., or with the formation or'administration of any other labor organization of its employees, and from contributing support to the aforesaid labor organizations or any other labor organization of its employees; (b) ' In any other manner interfering with, restraining, or coercing its employees in the exercise of the rights 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 purposes of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action'-which the Board finds will effectuate the policies of the Act: (a) Withhold all recognition from Serum Employees Union and Serum Employees Union of South St. Joseph,'Mo., as the representa- tive of any of its employees for the purpose of dealing with the re- spondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment, and com- pletely disestablish Serum Employees Union of South St. Joseph, Mo.; (b) - Post immediately in conspicuous places throughout its plant in South St. Joseph, Missouri, and maintain for a period of 'not less than sixty (60) consecutive' days from the date of posting, notices to its employees stating : (1) that the respondent will, not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; and (2) that the respondent will take the affirmative action set forth in paragraph 2 (a)' of this Order; (c) Notify the Regional Director for the Seventeenth Region in writing within ten (10) days from the receipt of this Order what steps the respondent has taken to comply herewith.