Standard Rendering Co.

In the Matter Of STANDARD RENDERING COMPANY and UNITED SOAP AND GLYCERINE WORKERS, ,LOCAL 114, AFFILIATED WITH THE COM- MITTEE FOR INDUSTRIAL ORGANIZATION Case No. C-910.-Decided- November 16, 1938 Meat Products `Ma iufdcturing Itiidustry=Settlement : stipulation providing for reinstatement and back pay and recognition of union-Order: entered on stipulation. Mr. Paul F. Broderick, for the Board. Mr. M. W. Borders, Jr., of Kansas City, Mo., for the respondent. .Mr. Langdon West, of counsel to the Board. DECISION. AND ORDER STATEMENT OF THE CASE Upon charges duly filed by the United Soap and Glycerine Workers, Local 114, Affiliated with the Committee for Industrial Organization, 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 complaint dated September 8, 1938, against Standard Rendering Company, Kansas City, Kansas, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting commerce within the meaning of Section 8 (1), (2), (3), and (5) and Section 2 (6) and (7) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. A copy of the com- plaint and the notice of hearing thereon were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged, in substance, that (1) although on or about February 24, 1938, and at all times thereafter, a majority of the respondent's employees in an appropriate unit at the Kansas City plant designated the Union as their representative for purposes of collective bargaining, the respondent refused to bargain collectively with the Union; (2) the respondent interfered with and dominated the formation and admin- istration of a labor organization among its employees in its Kansas 9 N. L. R. B., No. 82. 886 DECISIONS AND ORDERS 887 City plant known as Standard Rendering Company Independent Workers' Union, herein called the Workers' Union, and contributed financial and other support to it; (3) respondent terminated the em- ployment and refused to reinstate one named employee because he was a member of the Union and had been active in its affairs; (4) the respondent, by the acts described above, and in addition, by closing down its plant to allow employees to attend an organization meeting of the Workers' Union, by offering wage increases to leaders of the Union to induce them to abandon the Union, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Pursuant to notice, a hearing was held on September 15 and 16, 1938, at Kansas City, Missouri, before J. J. Fitzpatrick, Trial Exam- iner duly designated by the Board. The Board and the respondent participated in the hearing and were represented by counsel. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the hearing on September 16, 1938, the respondent, the Union, the Workers' Union, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : It is hereby stipulated and agreed by and between the Re- spondent, Standard Rendering Company, by Sam H. Ray, Gen- eral Manager, and its attorney M. W. Borders, Jr., and United Soap and Glycerine Workers, Local 114, affiliated with the Committee for Industrial Organization, and Standard Render- ing Company, Independent Workers Union, and Paul F. Brod- erick, Regional Attorney, National Labor Relations Board, Seventeenth Region, as follows : I 1. Upon charges duly filed by the United Soap and Glycerine Workers, Local 114, affiliated with the Committee for Industrial Organization, hereinafter referred to as the Union, Ernest C. Dunbar, Acting Regional Director, 17th Region of the National Labor Relations Board, agent of the National Labor Relations Board acting pursuant to authority granted in Section 10 (b) in the National Labor Relations Act, approved July 5, 1935, and acting pursuant to its Rules and Regulations-Series 1, as amended-Article IV, Section 1, issued its complaint and notice of hearing on the 8th day of September, 1938, against the Stand- ard Rendering Company, Respondent herein. On the 15th day of September, 1938, hearing in this matter was commenced in the Scarritt Building, Kansas City, Missouri, before J. J. Fitz- patrick, duly designated as Trial Examiner. 888 NATIONAL LABOR RELATIONS BOARD 2. It is hereby stipulated and agreed, subject to the approval of the National Labor Relations Board, that : (a) Respondent expressly waives its right to file an answer, to offer any further evidence and to the taking of further testi- mony in the hearing of this matter; (b) Respondent waives the making of findings of fact by the National Labor Relations Board ; (c) Respondent expressly consents , without admitting or deny- ing violations of the National Labor Relations Act, to the issu- ance by the National Labor Relations Board of a decision and order based upon the testimony in this matter and this stipulation as hereinafter set out. 3. Respondent, Standard Rendering Company, is engaged in interstate commerce within the meaning of the National Labor Relations Act, facts in regard to the nature and character of Respondent's business having been introduced into the record in this matter. 4. The United Soap and Glycerine Workers, Local 114, affil- iated with the Committee for Industrial Organization, herein- after referred to as the Union, is a labor organization within the meaning of Section 2, subdivision (5) of said Act. 5. Standard Rendering Company, Independent Workers' Union, hereinafter referred to as Workers' Union, is a labor or- ganization within the meaning of Section 2, subdivision (5) of said Act. 6. The Workers' Union will forthwith disestablish itself as a collective bargaining agency. 7. All employees of the Kansas City plant, exclusive of super- intendents, foremen, watchmen, salesmen, office personnel and truck drivers , constitute a unit appropriate for the purposes of collective bargaining in order to insure to the employees the full benefit of their right to self-organization , to bargain collec- tively and otherwise to effectuate the policies of the Act. 8. On or about February 24, 1938, and at all times thereafter, a majority of the employees of said unit had designated the Union as their representative for the purposes of collective bar- gaining with the Respondent, and, by virtue of such designation, said Union at all times since February 24, 1938, has, by virtue of Section 9 (a) of said Act, been the exclusive representative of all employees in said unit for the purposes of collective bar- gaining with respect to rates of pay, wages, hours of employment and other conditions of employment. Tt is further stipulated and agreed by and between the re- spective parties hereto that the National Labor Relations Board DECISIONS AND ORDERS 889 may forthwith enter an order in the above-entitled case to the following effect : Respondent, St'ahdard Rendering Company, shall: 1. Cease and desist from the date hereof : (a) From in any manner interfering with, restraining or co- ercing its employees in the exercise of their rights to self -organ- ization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the Act; (b) From discouraging membership in the Union or any other labor organization of its employees, or encouraging mem- bership in the Workers' Union, or any other organization of its employees, by discriminating against employees in regard to hire, tenure of employment or any other term or condition of employment ; (c) From dominating or interfering with the administration of the Workers' Union, or with the formation or administration of any other labor organization of its employees, and from con- tributing financial or other support to the Workers' Union or any other labor organization of its employees; from recognizing the Workers' Union as the exclusive bargaining agency for all of its employees. 2. Take the following affirmative action to effectuate the poli- cies of the National Labor Relations Act : (a) Pay immediately to A. S. McReynolds the sum of two hundred twenty-five dollars ($225.00) and place him upon a preferred list of employment to be the first recalled to his former position of mechanic's helper in the garage, when business of the Respondent warrants the hiring of a mechanic's helper in the garage, and to place him upon a list to be hired as a truck driver, after those employees who have seniority as truck drivers have returned to the employ of Respondent, the recall of said McReyn- olds to be without prejudice to seniority rights and other privi- leges previously enjoyed; (b) Refrain from recognizing the Workers' Union as the col- lective bargaining representative of its employees in the unit described above; (c) Upon request, bargain collectively with the Union as the exclusive representative of all the employees at the Kansas City plant, exclusive of superintendents, foremen, watchmen, sales- men, office personnel and truck drivers, in respect to rates of pay, wages, hours of employment and other conditions of employ- ment; 890 NATIONAL LABOR RELATIONS BOARD (d) Immediately post notices in conspicuous places throughout its plant and maintain such notices for a period of thirty (30) consecutive days, stating : (1) That the Respondent will cease and desist, as aforesaid, and (2) That the Respondent will take the affirmative action aforesaid, (3) Notify the Acting Regional Director for the Seventeenth Region within a period of ten (10) days after the entry of the order what steps have been taken to comply with the said order. III It is further agreed that this stipulation shall be introduced into evidence as an exhibit at the hearing in this matter and the facts herein contained shall have the same force and effect as if testified to by competent witnesses. IV It is further stipulated and agreed that after the making of said order and decision by the National Labor Relations Board, said Board may submit, without further notice to the parties hereto, a consent decree to the appropriate Circuit Court of the United States Circuit Court of Appeals, which decree shall provide for the affirmance and enforcement in full of each and every provision contained in the order which it is hereinbefore provided that the National Labor Relations Board may make herein, and the several parties hereto hereby consent to the entry of said decree by said appropriate Circuit Court of Appeals. V All stipulations herein made and terms and provisions thereof are made subject to the approval of the National Labor Relations Board. On September 22, 1938, the Board issued its order approving the above stipulation, making it part of the record , and transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, a Delaware corporation, is engaged in the pro- duction of tallow, grease, tankage and hides, with its principal office DECISIONS AND ORDERS 891 and plant located at Kansas City, Kansas. The raw materials used by respondent are dead animals and "shot fat." During the year 1937, respondent used 20,000,000 pounds of raw products, of which approximately 50 per cent were shipped to the respondent's plant from points outside the State of Kansas. During the same year the respondent sold finished products amounting to $530,000, of which about one-third were shipped to points outside the State of Kansas. We find the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. H. THE ORGANIZATIONS INVOLVED The United Soap and Glycerine Workers, Local 114, Affiliated with the Committee for Industrial Organization, is a labor organiza- tion admitting to membership employees of the respondent. Standard Rendering Company Independent Workers' Union is an unaffiliated labor organization admitting to membership em- ployees of the respondent. III. THE APPROPRIATE UNIT We find that all employees of the respondent at its Kansas City plant, exclusive of superintendents, foremen, watchmen, salesmen, office personnel, and truck drivers constitute a unit appropriate for the purposes of collective bargaining, and that such unit insures to the employees the full benefit of their rights to self-organization and collective bargaining and otherwise effectuates the policies of the Act. IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT We find that on or about February 24, 1938, and at all times thereafter, a majority of the employees in the aforesaid unit desig- nated the Union as their representative for the purpose of collective bargaining with the respondent. By virtue of Section 9 (a) of the Act, therefore, the Union was the exclusive representative of all employees in the said unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment. - 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 Standard Rendering Company, Kansas City, Kansas, shall: 892 NATIONAL LABOR RELATIONS BOARD 1. Cease and desist : (a) From in any manner interfering with, restraining, or coercing' its employees in the exercise of their 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 purpose of collective bargaining and other mutual aid and protection, as guaranteed in Section 7 of the Act; (b) From discouraging membership in the Union or any other labor organization of its employees, or encouraging membership in the Workers' Union, or any other organization of its employees, by dis- criminating against employees in regard to hire, tenure of employment or any other term or condition of employment; (c) From dominating or interfering with the administration of the Workers' Union, or with the formation or administration of any other labor organization of its employees, and from contributing financial or other support to the Workers' Union or any other labor organization of its employees; from recognizing the Workers' Union as the exclusive bargaining agency for all of its employees. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Pay immediately to A. S. McReynolds the sum of two hundred twenty-five dollars ($225.00) and place him upon a preferred list of employment to be the first recalled to his former position of me- chanic's helper in the garage, when business of the respondent war- rants the hiring of a mechanic's helper in the garage, and to place him upon a list to be hired as a truck driver after those employees who have seniority as truck drivers have returned to the employ of the respondent, the ,recall of said McReynolds to be without prejudice to seniority rights and other privileges previously enjoyed; (b) Refrain from recognizing the Workers' Union as the collective bargaining representative of its employees in the unit described above; (c) Upon request, bargain collectively with the Union as the ex- clusive representative of all the employees at the Kansas City plant, exclusive of superintendents, foremen, watchmen, salesmen, office per- sonnel and truck drivers, in respect to rates of pay, wages, hours of employment and other conditions of employment; (d) Immediately post notices in conspicuous places throughout its plant and maintain such notices for a period of thirty (30) consecutive days, stating : (1) That the respondent will cease and desist, as aforesaid, and (2) That the respondent will take the affirmative action aforesaid; (e) Notify the Acting Regional Director for the Seventeenth Region within a period of ten (10) days after the entry of the order what steps have been taken to comply with the said order.