National Dairy Products Corp.

In the Matter of NATIONAL DAIRY PRODUCTS CORPORATION and SUPPLEE- WILLS-JONES MILK COMPANY and BAKERY AND MILK DRIVERS UNION, LOCAL No. 463, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD Ov TEAMSTERS , CHAUFFEURS AND STABLEMEN OF AMERICA (A. F. OF L.) Case No. C-1903.Decided March 7, 1939 Milk and Milk Products Industry-Settlement : stipulation providing for rein- statement with back pay of one employee-Order: entered on stipulation. Mr. Jack Davis, for the Board. Mr. Harry J. Alker, Jr., of Philadelphia, Pa., Mr. Robert S. Gordon, and Mr. William Nuessle, of New York City, for the respondent. Mr. John B. Backhus, of Philadelphia, Pa., for the Union. Mr. Sumner Marcus, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Bakery and Milk Drivers' Union, Local No. 463, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), issued its complaint on November 21, 1938, against National Dairy Products Corporation 1 and Supplee-Wills-Jones Milk Company, Philadelphia, Pennsylvania, herein called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices affect- ing commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint and notice of hearing 2 thereon were duly served upon the respondent and the Union. Thereafter the respondent filed an answer to the complaint. I The complaint as to the National Dairy Products Corporation was subsequently dis- missed. This section, therefore, relates only to the respondent, Supplee-wills-Jones Milk Company. 2 The hearing was subsequently postponed indefinitely upon notice to the parties. 11 N. L. R. B., No. 81. 977 978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Concerning the unfair labor practices the complaint alleged in sub- stance that the respondent discharged and refused to reinstate one of its employees, Wayne Chalfant, because he had joined and assisted the Union and engaged in concerted activities for the purpose of collective bargaining and other mutual aid and protection; that the respondent urged, persuaded, and warned its employees not to join or assist the Union, spied on union meetings, and threatened its em- ployees with loss of employment if they joined and assisted the Union; that the respondent organized, fostered, dominated, and controlled a labor organization of its employees at its Philadelphia plants and branches; and that by the foregoing acts and other acts the respondent coerced, interfered with, and restrained its employees in the exercise of the rights guaranteed in Section 7 of the Act. On February 2, 1939, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipu- lation provides as follows : It is hereby stipulated and agreed by and between Supplee- Wills-Jones Milk Company, one of the respondents herein; Bak- ery and Milk Drivers Union, a party herein; and Jack Davis, attorney for the National Labor Relations Board, that : I. Upon charges duly filed by Bakery and Milk Drivers Union, Local No. 463, affiliated with the International Brotherhood of Teamsters, Chauffeurs and Stablemen of America (A. F. of L.), the National Labor Relations Board, by the Regional Director for the Fourth Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act (49 Stat. 449) and its Rules and Regulations, Series' 1, as amended, Article IV, Section 1, issued its complaint on the 21st day of November, 1938, against the National Dairy Products Corporation and Supplee- Wills-Jones Milk Company, respondents herein. II. Respondent, Supplee-Wills-Jones Milk Company, is and has been since on or about October 24, 1916, a corporation organ- ized and existing by virtue of the laws of the State of Pennsyl- vania, having its principal office in the City of Philadelphia, State of Pennsylvania, and is now and has continuously for a long period of time been engaged in the production, purchase, sale and distribution of milk, cream, buttermilk, cottage cheese, ice cream, skim milk powder, skim plain condensed milk, skim sweet condensed milk, whole plain condensed milk, skim milk, and kindred products, and in the course and conduct of its business maintains and operates plants and branches in the City of Phila- delphia, State of Pennsylvania, and numerous and divers other cities in the States of Pennsylvania, New Jersey, Maryland, and Delaware. NATIONAL DAIRY PRODUCTS CORPORATION ET AL. 979 III. Respondent, Supplee-Wills-Jones Milk Company, in the course and conduct of its business , as outlined in paragraph II above, operates plants and branches at: 1523 N. 26th Street, 11th and Jefferson Streets, 4709 Lancaster Avenue, 15 South 34th Street, Carlisle and Reed Streets, 6213 Germantown Ave- nue, Worth and Orthodox Streets, and 47th and Merion Avenue, all of Philadelphia, Pennsylvania ; Jenkintown, Darby, Chester, Norristown, Allentown, Bryn Mawr, Reading, Bedford, Center- ville, Chambersburg, Duncannon, Huntingdon, Leaman Place, Lewistown, Mercersburg, Red Hill, Waynesboro, and Zieglers- ville, all of Pennsylvania ; 7th and Market Streets , Camden, New Jersey, Merchantville, Union Heights, Trenton, Princeton, At- lantic City, Ocean City, Millville, and Wildwood , all of New Jersey, Chestertown, Hagerstown, Kennedyville, Princess Anne, Maryland; Harrington , Mt. Pleasant, Nassau, and Townsend, all of Delaware. IV. In addition to the facts set forth in paragraphs II and III above, the respondent stipulates and agrees that the follow- ing are facts concerning the interstate commerce features of its business and operations and the Board may make findings accordingly. (a) Size of business: 1. Number of employees-2004 week ending April 19, 1938. 2. Amount of payroll-$72,538.47 week ending April 19, 1938. 3. Volume of products-purchase and disposal of 238,023,820 pounds of milk in 1937 ; 80,780,981 quarts of milk; 2,357,540 gallons ice cream. 4. Value of products-Sales (net of all products ) $14,938,- 373.19. 5. Relative size in industry-No. 1 in Philadelphia, 700 milk routes; 17 ice cream routes. (b) Nature of raw materials: 1. Milk purchased from patrons or producers or farmers in States of Pennsylvania, Maryland, Delaware, New Jersey and Nest Virginia. 2. Other supplies : Milk in various bottled types purchased from Walker-Gordon Laboratory ; sugar and flavors used in manufacture of ice cream. 3. Volume of raw materials brought in from without the State of Pennsylvania. 1937-81,191,975 lbs. milk (included New Jersey, Maryland, West Virginia and Delaware). 4. Volume of materials brought in from within the State of Pennsylvania. 1937-156,831,845 lbs. milk. 980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 5. Percentage of raw materials purchased from without the State of Pennsylvania in relation to total volume. (c) 34.1%. Market for products: 1. States : Pennsylvania, New Jersey, Delaware, and Maryland. 2. Principal cities : Philadelphia, Camden, Trenton, Chester, Princeton, Atlantic City, Ocean City, Norristown, Wildwood, and other surroundings. 3. Foreign. None. 4. Other manufacturers: Bakers, Candy manufacturers. 5. States : Pennsylvania, New Jersey, Delaware, and Maryland. 6. Percentage of volume shipped out of the State of Penn- sylvania : 23.9 per letter of December 7, 1937. 7. Percentage of finished products shipped to points within the State of Pennsylvania : 76.1 per letter of December 7, 1937. (d) Sales methods: 1. Sales in most cases to housewives, grocery stores, apart- ment houses, schools, hospitals and institutions, by delivery sales- men using horse drawn vehicles and light delivery trucks as the conveyance for products to be sold. (e) Advertising methods: 1. Trade journals. None. 2. Local papers. Ledger, Record, Bulletin, Inquirer, miscel- laneous others. - (f) Shipping or delivery methods : 1. Railroad or water. 2. Freight or express. 3. Truck. Company owned, only for delivery to branches. V. Respondent, Supplee-Wills-Jones Milk Company, is en- gaged in interstate commerce within the meaning of the National Labor Relations Act, and the decisions of the United States Supreme Court thereunder. VI. This stipulation, together with the charge, amended charges, complaint, notice of hearing, answers and Rules and Regulations of the National Labor Relations Board may be intro- duced as evidence by filing them at Washington, D. C., with the Trial Examiner of the National Labor Relations Board designated by said Board to conduct a hearing herein. VII. The taking of testimony or evidence before the Examiner in this matter and the making of findings of facts and conclusions by the Board pursuant to the provisions of the National Labor Relations Act are hereby expressly waived by the respondent herein, Supplee-Wills-Jones Milk Company. VIII. Upon this stipulation, if approved by the National Labor Relations Board, and upon the record herein, an order may NATIONAL DAIRY PRODUCTS CORPORATION ET AL. 981 forthwith be entered by said Board and by the appropriate United States Circuit Court of Appeals, without further notice of the application for enforcement thereof, providing as follows : The respondent, Supplee-Wills-Jones Milk Company, and its officers, agents, successors and assigns shall : I. 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 bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) From discouraging membership in Bakery and Milk Drivers Union, Local No. 463, affiliated with the International Brotherhood of Teamsters, Chauffeurs and Stablemen of America (A. F. of L.), or any other labor organization of its employees, by discriminating against employees in regard to hire or tenure of employment or any condition of employment or in any other manner; 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Offer to Wayne Chalfant, on or before December 14, 1938, immediate and full reinstatement to a position acceptable to said Wayne Chalfant, without loss of seniority to such extent as pre- viously enjoyed by him, and without prejudice to any rights and privileges previously enjoyed by him and which are now enjoyed by those presently employed in like positions, and shall upon his application in the customary manner for employment with re- spondent, Supplee-Wills-Jones Milk Company, so reinstate him; (b) Make whole the said Wayne Chalfant for the loss of pay suffered by him on or before December 19, 1938, by payment to him of the sum of Five hundred Dollars ($500) ; (c) Inform all of its officials and agents, including superin- tendents and foremen and other supervisory employees, that they shall not threaten employees in any manner because of their membership in any labor organization in general, or the Bakery and Milk Drivers Union, Local No. 463, affiliated with the Inter- national Brotherhood of Teamsters, Chauffeurs and Stablemen of America (A. F. of L.), in particular; (d) Post and keep visible in a prominent place in each depart- ment of the plants and branches of the respondent, Supplee-Wills- Jones Milk Company, for a period of thirty (30) days after receipt of copies of the order to be entered by the National Labor Relations Board; 164275-39-vol xi-63 982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (e) Respondent, Supplee-Wills-Jones Milk Company, shall notify the Regional Director for the Fourth Region of compliance with the foregoing order within thirty (30) days from the date of its entry by the Board. IX. It is further stipulated and agreed that the complaint, insofar as it relates to the respondent, National Dairy Products Corporation, be dismissed without prejudice. X. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. On February 24,1939, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of a decision and order by the Board. The Board also ordered that the complaint be dis- missed in so far as it related to National Dairy Products Corporation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, Supplee-Wills-Jones Milk Company, is a Pennsyl- vania corporation, engaged in the production, purchase, sale, and distribution of milk, cream, buttermilk, cottage cheese, ice cream, skim milk powder, skim plain condensed milk, skim sweet condensed milk, whole plain condensed milk, skim milk, and kindred products, with its principal office and place of business in Philadelphia, Pennsylvania. The respondent is the largest dairy concern in Philadelphia, Penn- sylvania, and maintains plants and branches there and at numerous other cities in the States of Pennsylvania, New Jersey, Maryland, and Delaware. During the year 1937, in the operation of its business, the respondent purchased 238,023,820 pounds of milk, 80,780,981 quarts of milk, and 2,357,450 gallons of ice cream, 34.1 per cent of which was shipped to its Pennsylvania plants and branches from outside the State of Pennsylvania. During this same period the respondent made sales amounting to $14,983,373, of which it shipped 23.9 per cent to points outside the State of Pennsylvania. During the week ending April 19, 1938, the respondent employed 2,004 persons. The respond- ent stipulated that it is engaged in interstate commerce within the meaning of the Act. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. 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 DAIRY PRODUCTS CORPORATION ET AL. 983 National Labor Relations Act, the National Labor Relations Board hereby orders that Supplee-Wills-Jones Milk Company, Philadel- phia, Pennsylvania, its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) 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 purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in Bakery and Milk Drivers' Union, Local No. 463, affiliated with the International Brotherhood of Teamsters, Chauffeurs and Stablemen of America (A. F. of L.), or any other labor organization of its employees, by discriminating against its employees in regard to hire or tenure of employment or any condition of employment or in any other manner. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Wayne Chalfant on or before December 14, 1938, immediate and full reinstatement to a position acceptable to said Wayne Chalfant, without loss of seniority to such extent as pre- viously enjoyed by him, and without prejudice to any rights or privileges previously enjoyed by him and which are now enjoyed by those presently employed in like positions, and reinstate him upon his application in a customary manner for employment with the respondent; (b) Make whole the said Wayne Chalfant for loss of pay suffered by him on or before December 19, 1938, by payment to him of the sum of $500; (c) Inform all of its officers and agents, including superintend- ents and foremen and other supervisory employees that they shall not threaten employees in any manner because of their membership in any labor organization in general or the Bakery and Milk Drivers' Union, Local No. 463, affiliated with the International Brotherhood of Teamsters, Chauffeurs and Stablemen of America (A. F. of L.), in particular;- (d) Post and keep visible in prominent places in each department of the plant and branches-of the respondent for a period of thirty (30) days after receipt thereof copies of this order; (e) Notify the Regional Director for the Fourth Region of com- pliance with the foregoing order within thirty (30) days from the date of this order.