Koch Butcher Supply Co.

In the Matter of KOCH BUTCHER SUPPLY COMPANY and CABINET AND MILLMMEN'S LOCAL UNION, No. 1635 and SHEET METAL WORKERS LOCAL UNION, No. 2 Case No. C-974.-Decided November 21, 1938 Refrigerators and Refrigerating and Ice-Ma] ing Apparatus Industry-Settle- ment: stipulation providing for reinstatement and back pay and withholding recognition from labor organization-Order: entered on stipulation. Mr. Paul F. Broderick, for the Board. Mr. Robert E. Rosenwald, and Mr. Tyree G. Newbill, both of Kansas City, Mo., for the respondent. Mr. J. 0. Mack, of Kansas City, Mo., for Local No. 1635. Mr. John L. Mason, of Kansas City, Mo., for Local No. 2. Mr. Donald Adams, of Kansas City, Kans., for the Employees' Union. 11r. Bernard W. Freund, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Cabinet and Millmen's Local Union, No. 1635, herein called Local No. 1635, and Sheet Metal Workers' Local Union, No. 2, herein called Local No. 2, the National Labor Relations Board, herein called the Board, by Cyrus A. Slater, Acting Regional Director for the Seventeenth Region (Kansas City, Missouri), issued its complaint, dated October 8, 1938, against Koch Butcher Supply Company, North Kansas City, Missouri, 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 Sec- tion 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and accompany- ing notice of hearing were duly served upon the respondent, Local No. 1635, Local No. 2, and Refrigerator Plant Union for Employees of Koch Butcher Supply Company, herein called the Employees' Union. 9 N. L. R. B., No. 95. 1039 1040 NATIONAL LABOR RELATIONS BOARD With respect to the unfair labor practices the complaint alleged in substance (1) that the respondent dominated and interfered with the formation and administration of the Employees' Union 1 and contrib- uted financial and other support thereto, (2) that the respondent, on June 24, 1937, entered into a closed-shop agreement with the Em- ployees' Union for the purpose of supporting the Employees' Union by compelling membership of its employees therein and for the pur- pose of affording the respondent means to discharge and discriminate against members of Local No. 1635 and Local No. 2, (3) that the respondent discharged L. H. Marshall, Harry Burroughs, C. M. Waldridge, L. L. Waldridge, and August Harder on specified dates between June 26 and July 29, 1937, inclusive, because they were not members of the Employees' Union and were members of and had been active in the affairs of Local No. 1635 and Local No. 2, thereby dis- couraging membership in the said Locals, and (4) that, by the fore- going acts, the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter, in October 1938, the respondent, Local No. 1635, Local No. 2, the Employees' Union, and counsel for the Board entered into a stipulation, subject to approval by the Board, in which the respond- ent, inter alia, waived its right to file an answer and to a hearing, and consented to the issuance by the Board of an agreed order. On Octo- ber 19, 1938, the Board issued an order approving said stipulation and making it a part of the record in the case, and further ordered, in accordance with Article II, Section 37, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, that the proceeding be transferred to the Board and continued before it. In accordance with a provision in the stipulation, the amended charge, the complaint, the notice of hearing, the Rules and Regulations of the Board, and proof of service thereof were made a part of the rec- ord in the case by filing of the same with the Chief Trial Examiner of the Board in Washington, District of Columbia. The stipulation reads as follows : It is hereby stipulated and agreed by and between the Koch Butcher Supply Company, hereinafter referred to as Respond- ent, by Millard Mayer, its president, and Robert E. Rosenwald, and Tyree G. Newbill, its attorneys, and the Refrigerator Plant Union for Employees of Koch Butcher Supply Company, herein- after referred to as "Employees' Union," Cabinet and Millmen's Local Union, No. 1635, affiliated with the American Federation of Labor, hereinafter referred to as Local No. 1635, Sheet Metal Workers Local Union, No. 2, affiliated with the American Feder- 1 Designated in the complaint as the "Employees' Union " DECISIONS AND ORDERS 1041 ation of Labor, hereinafter referred to as Local No. 2, and Paul F. Broderick, Regional Attorney, National Labor Relations Board, Seventeenth Region, as follows : I 1. Upon charges duly filed by Local No. 1635 and Local No. 2, Cyrus A. Slater, Acting Regional Director, Seventeenth Region of the National Labor Relations Board acting pursuant to au- thority granted in Section 10 (b) of the National Labor Rela- tions Act, approved July 5, 1935, and acting pursuant to its Rules and Regulations-Series 1, as amended-Article 10, Sec- tion 1, issued its Complaint and Notice of Hearing on the 13th day of October, 1938, against the Koch Butcher Supply Com- pany, Respondent herein. 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, its right to a hearing in this matter before a Trial Examiner, and its right to offer evidence and to the taking of testimony in a hearing of this matter; (b) Respondent expressly waives the making of findings of fact by the National Labor Relations Board; (c) Respondent expressly consents to the issuance by the Na- tional Labor Relations Board of a decision and order based upon this stipulation as hereinafter set out. II It is stipulated and agreed that : 1. Respondent is and has been since February 23, 1897, a corporation organized under and existing by virtue of the laws of the State of Missouri, having its principal office in the City of North Kansas City, Missouri, and operating and maintaining a plant in North Kansas City, Missouri, and is now and has continuously been engaged at its plant aforesaid in the business of manufacturing commercial refrigerators and refrigerator dis- play cases and jobbing butcher supplies, including cutlery. 2. Respondent, in the course and conduct of its business, causes acid has continuously caused substantially all of the steel, lumber, insulation, manufactured units and other materials used in the manufacture and assembly of its products to be purchased and transported from and through states of the United States, other than the State of Missouri, to the North Kansas City plant of the Respondent, and causes and has continuously caused approxi- mately ninety per cent (90%) of its products to be sold and 1042 NATIONAL LABOR RELATIONS BOARD transported in interstate commerce from the North Kansas City plant in the State of Missouri, into and through states of the United States other than the State of Missouri, to customers in other states. 3. Respondent is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Rela- tions Act. III It is stipulated and agreed that : 1. The Cabinet and Millmen's Local Union No. 1635, is a labor organization within the meaning of Section 2 (5) of the Act. 2. Sheet Metal Workers Local Union, No. 2, is a labor organiza- tion within the meaning of Section 2 (5) of the Act. 3. The Refrigerator Plant Union for Employees of Koch Butcher Supply Company is a labor organization within the meaning of Section 2 (5) of the Act. IV It is stipulated and agreed that : the "Employees' Union" will forthwith disestablish itself as air agency for the purposes of col- lective bargaining. V It is further stipulated and agreed by and between the respec- tive parties hereto that the National Labor Relations Board may forthwith enter an order in the above-entitled case to the follow- ing effect : Respondent, Koch Butcher Supply Company , shall : 1. Cease and desist from the date hereof (a) From interfering in any manner with, restraining or coerc- ing its employees in the exercise of their rights to self-organiza- tion, 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 either encouraging or discouraging membership in Local No. 1635, Local No. 2, the "Employees' Union," or any, other organization of its employees , by discriminating against employ- ees in regard to hire, tenure of employment or any other term or condition of employment or by any other means; (c) From dominating or interfering with the administration of the "Employees' Union," or with the formation or adminis- tration of any other labor organization of its employees , and from contributing financial or other support to the "Employees' Union" DECISIONS AND ORDERS 1043 or any other labor organization of its employees; and from recog- nizing the "Employees' Union" as the exclusive bargaining agency for all of its employees; 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to L. H. Marshall, Harry Burroughs, C. M. Wald- ridge, L. L. Waldridge, and August Harder, full and immediate reinstatement to their former positions without prejudice to any rights and privileges previously enjoyed by them; ,(b) Make whole to said L. H. Marshall, Harry Burroughs, C. M. Waldridge, L. L. Waldridge, and August Harder, any loss of wages they have suffered by reason of their discharges, by paying to them the sums set out as follows : Name Amount due Harry Burroughs------------------------- $10.54 C. M. Waldridge-------------------------- 294.75 L. L. Waldridge-------------------------- 392.38 L. H. Marshall--------------------------- (No money due) August Harder--------------------------- (No money due) Aggregate sum--------------------- $697.67 which sums aforesaid represent the amounts of money they would have earned had they remained in respondent's em- ploy, less the amounts said persons have earned in other em- ployment, the aggregate sum of $697.67 representing the full amount due the aforesaid men under the National Labor Rela- tions Act. (c) Immediately post notices in conspicuous places throughout its plant and maintain such notices fora 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 afore- said ; / (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. VI It is further stipulated and agreed that this stipulation, to- gether with the amended charge, the complaint, the notice of hearing, the Rules and Regulations of the Board, and proof of service thereof, may be introduced as evidence in this matter by filing same with the Chief Trial Examiner of the Board in Washington, DX. 134068-39-vol ix--67 1044 NATIONAL LABOR RELATIONS BOARD VII It is further stipulated and agreed that after the making of an 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 pro- vide for the affirmance and enforcement in full of each and every provision contained in the order which it is hereinbefore pro- vided 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. VIII All stipulations herein made and the terms and provisions hereof are made subject to the approval of the National Labor Relations Board. On the basis of the above stipulation, and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, a Missouri corporation, with its principal office in North Kansas City, Missouri, is engaged, at its plant in North Kansas City, Missouri, in the business of manufacturing commercial refrig- erators and refrigerator display cases and of jobbing butcher supplies, including cutlery. The respondent causes and has continuously caused substantially all of the steel, lumber, insulation, manufactured units, and other materials used in the manufacture and assembly of its products to be purchased and transported to its North Kansas City plant from points in the United States outside of Missouri, and causes and has continuously caused approximately 90 per cent of its products to be sold and transported from its North Kansas City plant to points in the United States outside of Missouri. The respondent has stipulated that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATIONS INVOLVED Cabinet and Millmen's Local Union, No. 1635, Sheet Metal Workers' Local Union, No. 2, and Refrigerator Plant Union for Employees of Koch Butcher Supply Company are labor organizations. DECISIONS A\D ORDERS 1045 ORDER On the basis of the above stipulation and findings of fact, and upon 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, Koch Butcher Supply Com- pany, North Kansas City, Missouri, shall: 1. Cease and desist from : (a) Interfering in any manner with, restraining or coercing its employees in the exercise of their rights to self-organization, to bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargain- ing and other mutual aid and protection, as guaranteed in Section 7 of the Act; (b) Either encouraging or discouraging membership in Local No. 1635, Local No. 2, the "Employees' 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 em- ployment or by any other means; (c) Dominating or interfering with the administration of the "Employees' Union," or with the formation or administration of any other labor organization of its employees, and from contributing financial or other support to the "Employees' Union" or any other labor organization of its employees; and from recognizing the "Em- ployees' 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 National Labor Relations Act: (a) Offer to L. H. Marshall, Harry Burroughs, C. M. Waldridge, L. L. Waldridge and August Harder, full and immediate reinstate- ment to their former positions without prejudice to any rights and privileges previously enjoyed by them; (b) Make whole to said L. H. Marshall, Harry Burroughs, C. M. Waldridge, L. L. Waldridge, and August Harder, any loss of wages they have suffered by reason of their discharges, by paying to them the sums set out as follows : Name Amount Harry Burroughs------------------------------ $10.54 C. M. Waldridge------------------------------- 294.75 L L. Waldridge-------------------------------- 392.38 L H Marshall--------------------------------- (no money due) August Harder--------------------------------- (no money due) Aggregate sum ___________________________ $697 67 which sums aforesaid represent the amounts of money they would have earned had they remained in respondent's employ, less the 1046 NATIONAL LABOR RELATIONS BOARD amounts said persons have earned in other employment, the aggregate sum of $697.67 representing the full amount due the aforesaid men under the National Labor Relations Act; (c) Immediately post notices in conspicuous places throughout its plant and maintain such notices for a period of thirty (30) consecu- tive days, stating : (1) That the Respondent will cease and desist, as aforesaid, and (2) That the Respondent will take the affirmative action aforesaid; (d) Notify the Acting Regional Director for the Seventeenth Region within a period of ten (10) days after the entry of this order what steps have been taken to comply herewith.