Loose-Wiles Biscuit Co.

In the Matter of LOOSE-WILES BISCUIT COMPANY and COMMITTEE FOR INDUSTRIAL ORGANIZATION Case No. C-506.Decided April 5, 1938 Bakery Industry-Settlement: agreement to comply with Act-Order: entered on stipulation ; back pay ; discharged employees given guaranty of wages and placed on preferential list ; employer -dominated labor organization disestab- lished. Mr. W. J. Perricelli and Mr. Oscar Grossman, for the Board. Mr. W. A. Ferguson, of Long Island City, N. Y., Mr. Clarence D. Laylin, of Columbus, Ohio, and Mr. W. W. Paddon, of Dayton, Ohio, for the respondent. Mr. Harvey B. Rector, of Dayton, Ohio, for the Union. Mr. Richard A. Perkins, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by Committee for Industrial Organization, herein called the Union, the National Labor Relations Board, herein called the Board, by Philip G. Phillips, Regional Di- rector for the Ninth Region (Cincinnati, Ohio), issued a complaint, dated January 27, 1938, against Loose-Wiles Biscuit Company, Day- ton, Ohio, 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) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. The complaint alleged among other things that the respondent had laid off from work Clarence Eddis on November 4, 1937, William Barnhart and George Wright on Novem- ber 9, and Clarence Sager and Elwood Watkins on November 11, for the reason that they and each of them had formed, joined, and assisted the Union. A copy of the complaint, accompanied by notice of hearing, was. duly served upon the respondent and the Union. On February 10, 1938, the respondent filed an answer in which it denied the material allegations of the complaint. Pursuant to notice and amended notice, a hearing was held on Feb- ruary 10, 1938, at Dayton, Ohio, before George Bokat, the Trial Ex- 417 418 NATIONAL LABOR RELATIONS BOARD aminer duly designated by the Board. At the hearing, the Board, the respondent , and the Union were represented by counsel. Upon the agreement of all the parties, the hearing was adjourned to Cincinnati, Ohio, for the purpose of preparing a certain stipulation and agree- ment, more particularly hereinafter set forth. Thereafter, on Feb- ruary 10, the hearing was resumed at Cincinnati before the Trial Examiner. All of the parties were represented by counsel. The Regional Director attended and participated in the proceeding. I Upon the record in the case, the Board makes the following : FINDINGS OF FACT THE BUSINESS OF THE RESPONDENT The respondent, Loose-Wiles Biscuit Company, is an Illinois cor- poration, owning and operating a manufacturing plant and bakery in Dayton, Ohio. It engages in the manufacture , sale, and distribution of certain baked goods, consisting principally of biscuits, crackers, cookies, pretzels, wheat cereals, and similar products. It maintains sales agencies in Indiana, Kentucky, and West Virginia, and distrib- utes some of the product of its Dayton plant to other plants, which it or its affiliates own, in Illinois, Massachusetts , New York, Michigan, Missouri, Minnesota , Nebraska, Texas, California, Oregon, and Wash- ington. Forty per cent of the aggregate value of the raw materials used at the Dayton plant, amounting to approximately $150,000 an- nually, is obtained from without the State of Ohio, and about 50 per cent of the manufactured or baked product is shipped from Dayton to States other than Ohio. The Dayton plant produces about $500,000 worth of goods annually. We find that the operations and business of the respondent in re- gard to its Dayton , Ohio, plant constitute a continuous flow of trade, traffic, and commerce among the several States. II On February 10, 1938, during the hearing in Cincinnati , Ohio, the Board, the respondent, and the Union, by and through their respective counsel, with the approval of the Regional Director, entered into a stipulation and agreement, of record in this proceeding . It was stipu- lated and agreed , subject to the approval of the Board, as follows : 1. The respondent will pay to Elwood Watkins , Clarence Eddis, Clarence Sager, George Wright, and William Barnhart, on February 11, 1938, a sum equal to five-sixths of the wages which they would have earned at the rate of pay which they were receiving at the time DECISIONS AND ORDERS 419 of their respective lay-offs, for each of the days from the dates of their respective lay-offs to and including February 10, 1938. 2. In addition thereto, the respondent guarantees to the said men, payment to be made weekly, a sum equal to one-half of the pay which the men would be entitled to receive, on the days which the Dayton plant is operating, if they were working in their respective positions which they occupied on the dates of their respective lay-offs and at the rate which then prevailed, from February 11, 1938, up to May 1, 1938. 3. The respondent will establish with relation to the five above- mentioned men plant-wide seniority, upon their respective jobs becom- ing obsolete in the Dayton bakery 1 and, further, the respondent will- establish department-wide seniority in the reel oven department with- the understanding, however, that if one of the aforesaid men accepts a position in the department by reason of such seniority, which position has a lower wage rate, the rate of pay for such man during the period while he is working at such position is to be at the average existing rate paid to all men in that classification. 4. When additional reel oven crews are put to work in the Dayton plant, the respondent will offer the following men positions in the first two crews : Crew No. 1, Clarence Eddis, Elwood Watkins, and William Barnhart; and Crew No. 2, George Wright and Clarence Sager. 5. In the event that the respondent shall fail to perform its agree- ment as stipulated and agreed, or fail to exercise good faith in that regard, the Board may order immediately the respondent to offer reinstatement to the five above-mentioned men to their former posi- tions after notice to the respondent and an opportunity to be heard upon the sole issue whether the respondent has complied with its agreement. 6. The respondent shall cease and desist from in any manner inter- fering with, restraining, or coercing its employees in the exercise of their rights to self-organize and form, join, or assist labor organiza- tions, to bargain collectively through institutions of their own choos- ing, engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection. 7. The respondent shall cease and desist from dominating or inter- fering with the formation or administration of any labor organization of its employees, or contributing financial or other support thereto. r At the bearing, Mr. Phillips, the Regional Director, stated . I understand that if the reel oven department is permanently abandoned so that reel ovens are no longer used in the plant then these men will be given plantwide seniority so that they can obtain any jobs that are available to them on the basis of their seniority in the plant, is that correct? Mr. Ferguson, counsel for the respondent, replied Subject also to their fitness for the positions that are available Mr Phillips then stated Obviously. 420 NATIONAL LABOR RELATIONS BOARD 8. The respondent will withdraw all recognition from the Em- ployees Plant Council as representative of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and completely disestablish the Employees Plant Council as such representative. 9. The respondent will post notices in conspicuous places through- out all departments of the Dayton plant, in words and figures as follows : Notice to All Employees Pursuant to an order of the National Labor Relations Board entered into by all parties and effective from this date and thereafter. (1). The present existing Employees Plant Council is dises- tablished, that is, is no longer your representative for the pur- pose of dealing with us, the management of Loose-Wiles Biscuit Company of Dayton, Ohio, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and we, the management, therefore, shall not any longer recog- nize the present existing Employees Plant Council as such representative. (2). This notice shall remain posted for a period of thirty days from today, -, 1938, the date of posting. WM. PADDON, Plant Manager. On the basis of the above stipulation and agreement, the Board will issue an order. ORDER On the basis of the above findings of fact, and stipulation and agreement, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Loose-Wiles Biscuit Company, Dayton, Ohio, and its officers, agents, successors , and assigns, shall: 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing its employees in the exercise of their right 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; (b) From in any manner dominating or interfering with the for- mation or administration of any labor organization - of its employees, and from contributing financial or other support to it. • DECISIONS AND ORDERS 421 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Make whole Elwood Watkins, Clarence Eddis, Clarence Sager, George Wright, and William Barnhart, for loss sustained by reason of their lay-offs, by the payment to each of them on February 11, 1938, of a sum equal to five-sixths (%) of the wages which he would have earned, at the rate of pay which he was receiving at the time of his lay-off, for each of the days on which the Dayton plant operated from the date of said lay-off to and including February 10, 1938; and, in addition thereto, by the payment, weekly, to each of them, from February 11, 1938, to May 1, 1938, of a sum equal to one-half (1/2) of the wages which he would be entitled to receive, at the rate of pay which he was receiving at the time of his lay-off, were he working in the position which he occupied at the time of his lay-off; (b) Establish with relation to each of the following : Elwood Watkins, Clarence Eddis, Clarence Sager, George Wright, and Wil- liam Barnhart, plant-wide seniority upon his job becoming obsolete in the Dayton bakery, and department-wide seniority in the reel oven department ; and if any of said men accepts a position in the depart- ment by reason of such seniority, which position has a lower wage rate, then the rate of pay for such man during the period he is working at such position is to be at the average existing rate paid to all employees of the respondent in that classification; (c) Offer to Elwood Watkins, Clarence Eddis, Clarence Sager, George Wright, and William Barnhart, upon additional reel oven crews being put to work at the Dayton plant, positions in the first two crews as follows : Crew No. 1, Clarence Eddis, Elwood Watkins, and William Barnhart; and Crew No. 2, George Wright and Clarence Sager ; (d) Withdraw all recognition from Employees Plant Council as representative of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and completely disestablish said organization as such representative; and (e) Post and keep posted for a period of at least thirty (30) con- secutive days from the date of posting notices in conspicuous places throughout all the departments of the Dayton plant, stating : Notice to All Employees Pursuant to an order of the National Labor Relations Board, and effective from this date and hereafter : (1). The present existing Employees Plant Council is dis- established, that is, is no longer your representative for the pur- pose of dealing with us, the management of Loose-Wiles Biscuit 422 NATIONAL LABOR RELATIONS BOARD Company of Dayton, Ohio, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and we, the management, therefore, shall not any longer recog- nize the present existing Employees Plant Council as such repre- sentative. (2). This notice shall remain posted for a period of thirty days from today, -, 1938, the date of posting. WM. PADDON, Plant Manager. (f) Notify the Regional Director for the Ninth Region in writing within ten (10) days from the date of this order what steps it has taken to comply therewith. This order shall become effective and be in full force as of Feb- ruary 11, 1938.