Dykstra Grand Valley Foods, Inc.

662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Dykstra Grand Valley Foods, Inc. and Local 406, TRIAL EXAMINER'S DECISION International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, Ind. Case 7-CA-7651 June 19, 1970 DECISION AND ORDER BY MEMBERS FANNING, BROWN, AND JENKINS On April 17, 1970, Trial Examiner Harry R. Hinkes issued his Decision in the above-entitled proceeding, finding that the Respondent had en- gaged in and was engaging in certain unfair labor practices and recommending that it cease and de- sist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Deci- sion. Thereafter, the Respondent filed exceptions, and the General Counsel filed a motion in support thereof. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its powers in connection with this case to a three- member panel. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in this case, and hereby adopts the findings, conclusions, and recom- mendations of the Trial Examiner except as modified below. In accordance with the Respondent's exceptions and the concurrence therein by the General Coun- sel, we find merit in the Respondent's exceptions and shall amend the last substantive paragraph of the Appendix to the Trial Examiner's Decision, "Notice to Employees," to read as follows: WE WILL pay unit employees the hourly wage increases and cost-of-living increases due under the collective-bargaining agreement that we failed to pay them. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the Recom- mended Order of the Trial Examiner and hereby orders that the Respondent, Dykstra Grand Valley Foods, Inc., Grand Rapids, Michigan, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Recommended Order. STATEMENT OF THE CASE HARRY R. HINKES, Trial Examiner: The original charge in this proceeding was filed on November 28, 1969, by Local 406, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Ind., hereinafter referred to as the Union, and served on Dykstra Grand Valley Foods, Inc., hereinafter referred to as the Employer or the Respondent, on or about the same date. Pur- suant to this charge a complaint was issued on Jan- uary 27, 1970, alleging the Respondent had com- mitted unfair labor practices by refusing to bargain collectively with the Union in violation of Section 8(a)(5) of the National Labor Relations Act, as amended, and by interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed them in Section 7 of the Act, in viola- tion of Section 8(a)(1) of the Act. By answer duly filed Respondent denied the commission of unfair labor practices as alleged in the complaint. A hearing was held before me in Grand Rapids, Michigan, on March 19, 1970, at which all parties were represented and afforded full opportunity to participate, examine witnesses, and adduce relevant evidence. Upon motion by counsel for the General Counsel and without objection from counsel for the Charging Party or the Respondent, certain amend- ments to the complaint were allowed. Thereafter Respondent withdrew its previous answer to the complaint, thus admitting all allegations in the com- plaint, as amended (Rules and Regulations, Section 102.20). Accordingly, I make the following: FINDINGS OF FACT 1. JURISDICTION Respondent is, and has been at all times material herein, a corporation duly organized under, and ex- isting by virtue of, the laws of the State of Michigan. At all times material herein, Respondent has maintained its principal office and place of business at 1113 Leonard Street, N.W., in Grand Rapids, Michigan, herein called the Grand Rapids place of business. Respondent is, and has been at all times material herein, engaged in the wholesale sale and distribution of canned and frozen items and poultry. During the year ending 1969, which period is representative of its operations during all times material hereto, Respondent, in the course and conduct of its business operations, had a gross revenue in excess of $500,000 and purchased and caused to be transported and delivered at its Grand Rapids place of business, frozen and canned food items and poultry and other goods and materials valued in excess of $500,000, of which goods and 183 NLRB No. 82 DYKSTRA GRAND VALLEY FOODS materials valued in excess of $100,000 were trans- ported and delivered to its place of business in Grand Rapids, Michigan , directly from points located outside the State of Michigan . Respondent is now, and has been at all times material herein, an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED The Union is, and has been at all times material herein , a labor organization within the meaning of Section 2(5) of the Act. III. THE UNFAIR LABOR PRACTICES A. Background At all times material herein , the following named persons occupied the positions set opposite their respective names, and have been and are now su- pervisors of the Respondent within the meaning of Section 2( 11) of the Act, and its agents. Harvey Dykstra Donald Sergeant Andy Keegstra President Vice President Foreman The Union is, and at all times material herein has been, the exclusive collective-bargaining represent- ative within the meaning of Section 9(a) of the Act of the employees of Respondent in an appropriate collective-bargaining unit under Section 9 (b) of the Act consisting of all master poultry workers, ap- prentice poultry workers, leadmen, and truckdrivers of Respondent employed at its Grand Rapids place of business exclusive of office clerical employees and supervisors as defined in the Act. On July 11, 1968, Respondent, through its agent, Harvey Dysktra, executed a collective-bargaining agreement with the Union encompassing the em- ployees in the unit described in the paragraph above. An addendum to said contract was executed by Respondent Agent Dykstra with the Union on or about August 19, 1968, relating solely to wages of unit employees newly hired subsequent to August 1, 1968. The contract referred to above contains the fol- lowing termination clauses: Section 1. This agreement shall be in full force and effect from June 16, 1968 to and in- cluding June 15, 1970 and shall continue in full force and effect from year to year thereafter unless written notice of desire to cancel or terminate the agreement is served by either party upon the other at least sixty (60) days prior to date of expiration. Section 2. It is further provided that where no such cancellation or termination notice is served and the parties desire to continue said agreement but also desire to negotiate changes 663 or revisions in this agreement, either party may serve upon the other a notice at least sixty (60) days prior to June 16, 1970 or June 16th of any subsequent contract year, advising that such party desires to continue this agreement but also desires to revise or change terms or conditions of such agreement. The respective parties shall be permitted all lawful economic recourse to support their request for revision if the parties fail to agree thereon. Section 3. It is understood and agreed between the parties that the provisions con- tained in Schedule "A" hereto attached, may be reopened for negotiations between the parties, provided either party serves the other with a written notice at least sixty (60) days prior to June 16, 1970, or June 16th of any subsequent contract year, advising that such party desires to continue Schedule "A" but also desires to revise or change terms or condi- tions of such Schedule "A". If no such notice is given, the said Schedule "A" shall continue on from year to year. In the event the parties cannot agree upon the requested revisions in Schedule "A", the Union shall have the right to strike in support of its demands, not- withstanding any provision of this contract to the contrary. Section 4. In the event of war, declaration of emergency , or imposition of civilian controls, during the life of this contract, either party may reopen the same upon sixty (60) days written notice and request re-negotiation of matters dealing with wages and hours. upon the failure of the parties to agree in such negotiations, either party shall be permitted all lawful economic recourse to support their request for revisions. If Governmental approval of revisions should become necessary, all parties will cooperate to the utmost to attain such approval. The parties agree that the notice provided herein shall be accepted by all parties as compliance with the notice require- ments of applicable law, so as to permit economic action at the expiration thereof. The contract referred to above contains the fol- lowing union-security and checkoff provisions: Section 2. The Employer agrees that as a condition of continued employment, all present and future employees covered by this agreement shall become and remain members in good standing in Local Union No. 406, af- filiated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, no later than either the 31st day following the beginning of their em- ployment or the 31st day following the effec- tive date of this clause, whichever is the later. Section 3. The Employer agrees to deduct from the pay of each employee, all dues of Local No. 406 and pay such amount to said Local No. 406 for each and every employee, 664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the Union presents to provided however U.S. Consumers ' Price Index , the Employer authorizations, signed by such (1957 - 1959 Base) employee, allowing such deductions and pay- ments to the Local Union as aforesaid. The contract referred to above contains the fol- Up to and including 116.1 lowing wage provision: 116.2--116.5 116.6--116.9 117.0--117.3 Eff. 6/16/68 Eff. 6/16/69 117.4--117.7 117.8--118.1 Master *Poultry Wkr. $2.68 $2.78 118.2--118.5 Appr. Poultry Wkr. 2.58 2.68 Leadman 2.78 2.88 118.6--118.9 Truck Drivers 168 2.78 119.0--119.3 119.4--119.7 119.8--120.1 New employees shall receive fifteen cents (15 120.2--120.5 cents) per hour less than the contract rate for 12086--120.9 the first thirty (30) days of employment with 121.0--121.3 the company. The contract referred to above contains the fol- 121.4--121.7 lowing cost-of-living allowance provisions: 121.8--122.1 1. The wage rates as shown in this Schedule include a cost-of-living allowance to the point where the U.S. Consumers Price Index may have reached 116.1 (Index of 1957-1959). 2. The said cost-of-living allowance as in- cluded in the wage rates as shown in this Schedule of the Agreement shall continue in effect until the first pay period beginning after August 1, 1968. At that time and thereafter, during the period of this Agreement, adjust- ments shall be made annually at the following times: Effective Date of Adjustment First Pay Period Beginning on or after August 1, 1968 August 1, 1969 Cost-of-Living Allowance Addition To Job Classification None 1 cent 2 cents 3 cents 4 cents 5 cents 6 cents 7 cents 8 cents 9 cents 10 cents 11 cents 12 cents 13 cents 14 cents 15 cents Based Upon U.S. Consumers' Price Index as of June 1, 1968 June 1, 1969 3. The amount of the cost-of-living al- lowance which shall be effective for any one- year period shall be in accordance with the fol- lowing table: and so forth-each succeeding four tenths (.4) of a point will equal 1 cent additional. 4. The cost-of-living allowance, as provided above, shall be added to each employee's hourly earned rate and shall be included in computing overtine [sic] premium, night shift premium, vacation payments, and holiday pay- ments and will be adjusted up or down an- nually. 5. In no event will a decline in the U.S. Con- sumers' Price Index below 116.1 provide the basis for a reduction in the wage scale as set forth in this Schedule. DYKSTRA GRAND VALLEY FOODS 665 6. Cost-of-Living allowance will be deter- mined in accordance with the Consumers' Price Index-all items Index 1957-1959-100 as published by the Bureau of Labor Statistics, U.S. Department of Labor. The continuance of the cost-of-living allowance will be dependent upon the availability of the official monthly U.S. Consumers Price Index in its 1957-1959 base form. 7. In the event the Bureau of Labor Statistics does not issue the Consumers' Price Index on or before the beginning of any pay period , any adjustments required will be made at the beginning of the first pay period after receipt of the index . No adjustments, retroac- tive or otherwise , will be made due to any revi- sion which may later be made in the U.S. Con- sumers ' Price Index for any base month. B. The Refusal To Bargain Since on or about May 28, 1969 , and continuing to date , Respondent did refuse and continues to refuse to bargain collectively with the Union as the exclusive collective-bargaining representative of all the employees in the unit described above in that: (a) Since on or about July 31, 1969, and continuing to date , the Respondent has refused to enforce the union security and checkoff provisions of the contract referred to above, and has continuously since on or about July 31, 1969 , failed and refused to deduct and transmit initiation fees and dues of the unit em- ployees to the Union. (b) From on or about June 16, 1969, Respondent failed to comply with the wage in- crease provision of the contract referred to above in that it refused to pay the 10 cents per hour increase required under the contract from the effective date , July 16, 1969. (c) On or about July 28, 1969, the Respon- dent, through its agent Harvey Dykstra, sent a letter to the Union [ attached hereto as Exhibit I], which cancelled the contract in mid -term to the termination clause referred to above and Section 8(d) of the Act. (d) Since August 1, 1969, Respondent failed to comply with the cost -of-living provi- sion of the contract referred to above in that it refused to pay the 17 cents per hour cost-of- living increase for all employees covered by the contract as set forth in the July 30, 1969 letter from James Abrams of the Pension and Insurance Section of the Union [which letter is attached hereto as Exhibit II] from the effec- tive date, August 1, 1969. (e) Respondent 's conduct referred to in subparagraphs (a), (b), (c) and (d) above modified and terminated the contract referred to above in violation of Section 8(d) of the Act and in essence withdrew recognition from the Union as the exclusive collective -bargaining representative of the employees in the unit described above although at all times material herein , the Union has been the majority designated bargaining representative of the employees. (f) Some time in June, 1969, at a gathering of employees at the Respondent 's Grand Rapids place of business , Respondent , through its agents Sergeant and Dykstra , engaged in in- dividual bargaining with the employees in respect to wages, hours and terms and condi- tions of employment in that it offered to ex- ecute a separate contract with the employees containing the same pay scale as was presently being paid , and a duplication of the present in- surance provisions and other contractual provi- sions if the employees withdrew their allegi- ance to the Union. (g) At this June meeting referred to in (f) above , Respondent, through its agent Dykstra, undermined the bargaining and representative status of the Union by promising to pay for legal expenses entailed in the employees negotiating and executing a separate collec- tive-bargaining agreement with the Respon- dent, by promising to institute a profit-sharing plan for the employees in the unit described above if the employees withdrew their mem- bership in and allegiance to the Union and ex- ecuted a separate contract with Respondent, and by suggesting the formation of an em- ployee representation plan for the negotiation of such contract. (h) On or about July, 1969, at a gathering of employees at the Grand Rapids place of business , Respondent, through its agents Serge- ant and Dykstra, engaged in individual bargain- ing with the employees in the unit described above in respect to wages, hours and condi- tions of employment. (i) In the July meeting referred to in (h) above, Respondent , through its agent Sergeant, undermined the representative and bargaining status of the Union by advising the employees that Respondent no longer recognized the Union as bargaining agent of the employees, reading the letter to the Union, referred to in (c) above. (j) In the July meeting referred to in (h) above , Respondent, through its agent Dykstra, undermined the representative and bargaining status of the Union by suggesting the negotia- tion and execution of a separate collective-bar- gaining agreement between the Unit employees and Respondent and promising to pay legal fees for the employees engaging in such in- dividual contract negotiations; by suggesting the formation of an employee representation plan; by promising paid hospilization in- surance , profit sharing and other economic betterment if the employees accepted his offer to negotiate and execute a separate contract. 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (k) On or about September 1969, at a gathering of employees at the Grand Rapids place of business, Respondent , through its agent Sergeant, reiterated that the Respondent did not recognize the Union as the collective- bargaining representative of the employees in the unit described above. (1) Since on or about November 4, 1969 and continuing to date, Respondent has failed and refused to sit down and negotiate with the Union relative to grievances that have been filed, specifically grievances filed on or about November 3, 1969. C. Respondent's Interference With Employee Rights Since on or about May 28, 1969, and continuing to date, Respondent has interfered with , restrained, and coerced, and is interfering with, restraining, and coercing, its employees in the exercise of rights guaranteed by Section 7 of the Act by the following conduct engaged in at its Grand Rapids place of business: (a) The Respondent's June 1969 meeting with the employees referred to in (f) and (g) above in which Respondent , through its agent Dykstra, suggested the formation of an em- ployee representation plan, promised profit sharing, the payment of legal fees, insurance benefits and other economic betterments if the employees withdrew their allegiance from the Union. (b) At the Respondent's meeting with the employees in July, 1969, referred to in (h), (i) and (j ) above, Respondent, through its agent Dykstra, made promises of paid hospitalization insurance , profit sharing, legal assistance and other economic benefits and again suggested formation of an employee representation plan if the employees discontinued their adherence to the Union. THE REMEDY Having found that the Respondent has engaged in certain unfair labor practices , I shall recommend that it cease and desist therefrom and take certain affirmative action I find necessary to effectuate the policies of the Act. Although it is admitted and I have found that the Respondent has failed and refused to deduct and transmit initiation fees and union dues of the unit employees to the Union, the parties have stipulated and agreed that the initiation fees to be paid by the Respondent to the Union may be offset against pay- ments due the individual employees. Moreover, the parties have stipulated and agreed that as respects the dues of the unit employees to the Union which the Respondent failed and refused to deduct and transmit to the Union, only two-thirds of such union dues are to be paid at this time to the Union by the Respondent without deductions from the employees' payments. It was pointed out that the Union had had lesser expenses on behalf of its union members during the period when Respondent failed and refused to transmit union dues to the Union. Therefore, payment by the Respondent to the Union at this time of two-thirds of such dues would adequately recompense the Union. In the case of initiation fees, however, it was agreed that by reason of their long-term impact such payments made by the Respondent to the Union should be subject to an offset against the payments due the particular employee so that, in effect, the individual employee pays the initiation fee. I find no reason to disagree with this stipulated and agreed disposition of union dues and initiation fees to be paid by the Respondent to the Union. Accordingly, I shall recommend that the Respondent be ordered to comply with such stipulation and agreement. The parties have stipulated and agreed to the wording of the "Notice to the Employees" to be posted by the Respondent. RECOMMENDED ORDER CONCLUSIONS OF LAW 1. By the acts described above and by each of said acts, Respondent did refuse to bargain collec- tively, and is refusing to bargain collectively, with the representative of its-employees, and thereby did engage in and is engaging in unfair labor practices affecting commerce within the meaning of Sections 8(a)(5) and 2(6) and (7) of the Act. 2. By the acts described above and by each of said acts, Respondent did interfere with, restrain, and coerce , and is interfering with, restraining, and coercing, its employees in the exercise of the rights guaranteed in Section 7 of the Act, and thereby did engage in and is engaging in unfair labor practices affecting commerce within the meaning of Sections 8(a)(1) and 2(6) and (7) of the Act. On the basis of the above foregoing findings of fact and conclusions of law, I recommend that the Respondent, Dykstra Grand Valley Foods, Inc., its officers, agents, successors, and assigns , shall: 1. Cease and desist from: (a) Refusing to bargain collectively with the Union as the exclusive collective-bargaining representative of all the employees in the unit described below by refusing to enforce the union- security and checkoff provisions of its contract with the Union, by refusing to deduct and transmit in- itiation fees and membership dues of such em- ployees under said contract, by failing to comply with the wage increase provision of that contract, by withdrawing recognition of the Union, by refus- ing to pay the cost-of-living increase specified in said contract, by engaging in individual bargaining with the unit employees with respect to wages, DYKSTRA GRAND VALLEY FOODS 667 hours, terms and conditions of employment, and by failing to negotiate with the Union relative to grievances that have been filed. (b) Unlawfully interfering with the rights of its employees by suggesting they form an employee representation plan instead of the Union and offer- ing to pay legal fees to set up the plan, and by promising profit sharing , insurance benefits, and other economic benefits if the employees withdrew their allegiance from the Union. (c) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist the Union or any other labor or- ganization , to bargain collectively through representatives of their own choosing or to engage in other concerted activities for the purpose of col- lective bargaining or other mutual aid or protec- tion, or to refrain from such activity. 2. Take the following affirmative action necessa- ry to effectuate the policies of the Act: (a) Bargain collectively with the Union before modifying or changing wages, hours, or working conditions of employees in the unit described below. (b) Bargain collectively with the Union concern- ing grievances , rates of pay, hours of employment, and all other terms and conditions of employment involving the employees in the unit described below. (c) Pay the Union two-thirds all dues Respon- dent has failed to transmit to the Union since July 31, 1969, without deduction from payments due the employees. (d) Pay the Union any initiation fees due the Union since July 31, 1969, such payments, how- ever, to be subject to deduction from wages due the employees from the Respondent. (e) Pay unit employees the hourly wage increase and the cost-of-living increase which have not been paid in accordance with the contract with the Union. (f) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Recommended Order. (g) Post at its Grand Rapids place of business copies of the attached notice marked "Appendix."' Copies of said notice, on forms provided by the Re- gional Director for Region 7, after being duly signed by an authorized representative, shall be posted by it immediately upon receipt thereof, and i In the event no exceptions are filed as provided by Section 102 46 of the Rules and Regulations of the National Labor Relations Board, the findings, conclusions, recommendations, and Recommended Order herein shall, as provided in Section 102 48 of the Rules and Regulations, be adopted by the Board and become its findings , conclusions, and order, and all objections thereto shall be deemed waived for all purposes In the event that the Board 's Order is enforced by a Judgment of a United States Court be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respon- dent to insure that said notices are not altered, defaced, or covered by any other material. (h) Notify said Regional Director, in writing, within 20 days from the receipt of this Decision, what steps have been taken to comply herewith.' The bargaining unit referred to above consists of all master poultry workers, apprentice poultry workers, leadmen, and truckdrivers of Respondent employed at its Grand Rapids place of business exclusive of all office clerical employees and supervisors as defined in the Act. EXHIBIT 1 1113 W. Leonard Street Grand Rapids, Michigan 49504 July 29, 1969 Mr. Chester Rudd Mr. Lee Haney General Teamsters Union, Local #406 3315 Eastern Ave., N.E. Grand Rapids, Mich. 49508 Gentlemen: This is to notify you that: (1) In violation of our agreement, you have al- lowed more favorable wage rates to West Michigan Poultry. (2) We have advised you, from time to time of this condition, and to the fact that it is caus- ing us to lose customers. (3) You have failed to rectify the situation. Because of your breach of our agreement, and failure to correct the situation we are forced to cancel our agreement with you. Respectfully, DYKSTRA/GRAND VALLEY FOODS Harvey Dykstra, Pres. HD/mb c/c Warner Norcross & Judd of Appeals , the words in the notice reading "Posted by Order of the Na- tional Labor Relations Board" shall be changed to read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board - ' In the event that this Recommended Order is adopted by the Board, this provision shall be modified to read "Notify said Regional Director, in writing , within 10 days from the date of this Order, what steps Respondent has taken to comply herewith " 668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD EXHIBIT 2 APPENDIX GENERAL TEAMSTERS UNION Local 406, INT. BRO. T., C., W. & H. 3315 EASTERN AVENUE, S.E. GRAND RAPIDS, MICHIGAN 49508 July 30, 1969 Dykstra Grand Valley Foods, Inc. 1113 Leonard Street, N.W., Grand Rapids, Michigan 49504 Attention : Mr. Harvey Dykstra Re: COST-OF-LIVING ALLOWANCE Dear Sir: Please refer to Schedule "A", Article X, COST-OF-LIVING ALLOWANCE on pages 4A and 5A of the agreement in full force and effect from June 16, 1968 , to and including June 15, 1970 with this Local Union. The release of the Consumers' Price Index for June, 1968 was 120.9 and the release for June, 1969 is 127.6. Enclosed, please find copies of these releases for your ready reference. As such, this will necessitate a seventeen (17 cents) cent per hour increase for all employees covered by this agreement . The effective date of such adjustment is the first pay period beginning on or after August 1, 1969. The total COST-OF-LIVING ALLOWANCE to date is twenty nine (29 cents ) cents per hour. Thank you for your cooperation. Sincerely, GENERAL TEAMSTERS UNION, LOCAL 406 James Abrams, Pension and Insurance Encl. cc: Mr . Lee Haney , Business Agent General Teamsters Union, Local 406 NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively with Local 406, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Ind., as the exclusive representative in the bargaining unit described below, by withdrawing recognition of the Union, by refusing to deduct union initiation fees and membership dues pursuant to our agreement with the Union and checkoff authorizations maintained by our employees, by refusing to discuss grievances with the Union, or by refusing to pay our employees the 10-cent-per-hour wage increase and the 17- cent-per-hour cost-of-living increase required by our agreement with the Union. The bargain- ing unit is: All master poultry workers, apprentice poultry workers, leadmen, and truckdrivers employed at our Grand Rapids, Michigan place of business ex- cluding office clerical employees and su- pervisors as defined in the Act. WE WILL NOT solicit our employees to bar- gain individually with us in derogation of the Union's rights to represent the employees in the above-described unit, by promising them just as good an agreement with the same rates of pay and insurance benefits plus hospitaliza- tion insurance and a profit-sharing plan if they get out of the Union. WE WILL NOT suggest to our employees that they form an employee representation plan in- stead of the Union and offer to pay legal fees to set up the plan. WE WILL NOT in any like or related manner interfere with, restrain , or coerce employees in the exercise of rights guaranteed them by Sec- tion 7 of the Act. WE WILL bargain collectively with the Union before modifying or changing wages, hours, or working conditions of employees in the above- described unit. DYKSTRA GRAND VALLEY FOODS 669 WE WILL bargain collectively with the DYKSTRA GRAND VALLEY aforesaid Union concerning grievances , rates FooDS, INC. of pay, hours of employment, and other terms ( Employer) of employment involving the employees in the unit described above. WE WILL pay the Union any initiation fees due the Union since July 31 , 1969, such pay- ments to be subject to deduction from wages due the employees. WE WILL reimburse the Union for two-thirds of all dues we have failed to transmit to the Union since July 31 , 1969, without deducting said dues from any payments due the em- ployees. WE WILL pay unit employees the hourly wage increases and cost-of-living increases that we failed to pay them. Dated By (Representative ) (Title) This is an official notice and must not be defaced by anyone. This notice must remain posted for 60 consecu- tive days from the date of posting and must not be altered, defaced, or covered by any other material. Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's Office, 500 Book Building, 1249 Washing- ton Boulevard, Detroit, Michigan 48226, Telephone 313-226-3200.