G. Krueger Brewing Co.

In the Matter of G. KRUEGER BREWING Co. and STENOGRAPHERS, TYP- ISTS, BOOKKEEPERS AND ASSISTANTS UNION, LOCAL #20955, AFFILI- ATED WITH THE A. F. OF L. Case No. C-1218.-Decided April 27,1939 Brewing Industry-Settlement : stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Daniel Baker, for the Board. Lindabury, Steelman, Zink & Lafferty, by Mr. James L. R. Laf- ferty, of Newark, N. J., for the respondent. Mr. Emanuel Oransky and Mr. Max Schomer, of Newark, N. J., for the Union. Mr. Langdon Vest, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and amended charges duly filed by Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, affili- ated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Second Region (New York City), issued its complaint dated February 14, 1939, against G. Krueger Brewing Co., Newark, New Jersey, herein called the respondent, al- leging that the respondent had engaged in and was engaging in unfair labor practices affecting 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 accompanied by notice of hearing was duly served upon the respondent and the Union. On February 20, 1939, the respondent filed its answer to the complaint, in which it admitted allegations concerning the nature and scope of its business but denied the allegations of unfair labor practices. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent terminated the employment and re- 12 N. L. R. B., No. 58. 494 G. KRUEGER BREWING CO. 495 fused to reinstate certain named employees because they joined and assisted the Union and engaged in other concerted activities for the purpose of collective bargaining and other mutual aid and pro- tection, and that the respondent, by the aforesaid activities and by urging, persuading, and warning its employees to refrain from be- coming or remaining members of the Union, by threatening its em- ployees with discharge and other reprisals if they became or remained members of 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 March 6, 7, 8, 9, 10, 13, 15, and 22, 1939, at New York City, before William Seagle, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union were represented by counsel and participated in the hearing. 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 March 22, 1939, the Trial Examiner received in evidence without objection a stipulation in settlement of the case entered into by the respondent and counsel for the Board. There- after, the hearing was closed. This stipulation provides as follows : STIPULATION It is hereby stipulated by and between the G. Krueger Brew- ing Company and Daniel Baker, attorney for the National Labor Relations Board, Second Region, that : 1. G. Krueger Brewing Company, hereinafter referred to as the Company, is and has been at all times since April 25, 1933 a corporation organized and existing by virtue of the laws of the State of Delaware, having its principal office and place of busi- ness at 75 Belmont Avenue, City of Newark, State of New Jer- sey. Approximately 51 010 of the capital stock of the company is owned by Paramount Realty Company of Newark, New Jer- sey; the company itself owns 72% of the capital stock of the Associated Bottlers, Inc. of Durham, North Carolina. The com- pany is engaged in the manufacture, sale and distribution of beer, ale and other fermented beverages. Its brewery is located in the City of Newark, New Jersey. The principal raw mate- rials used in the production of the fermented beverages are malt and hops. Practically 100% of such raw materials are shipped to the company at its plant located at Newark, New Jersey, from points outside the State of New Jersey. Approximately 75% of the fermented malt beverages produced by the company are sold by it and shipped to points outside of the State of 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD New Jersey. The approximate annual cost of the raw materials produced by the company is $994,396, and the approximate an- nual value of the fermented beverages sold by the company is $6,510,018.16. The company is engaged in commerce within the meaning of Section 2, subdivision (6) and (7) of the National Labor Relations Act. 2. The Stenographers, Typists, Bookkeepers and Assistants Union Local No. 20955, affiliated with the A. F. of L. is a labor organization within the meaning of the rational Labor Relations Act. 3. The National Labor Relations Board may make findings of fact incorporating the statements set out in paragraphs 1 3z 2 above. 4. That this stipulation together with the charge, complaint, notice of hearing, answer and rules and regulations of the Na- tional Labor Relations Board, may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board at Washington, D. C. 5. Upon this stipulation, if approved by the National Labor Relations Board, an Order may forthwith be entered by said Board providing as follows : a. The respondent, The G. Krueger Brewing Company, shall cease and desist (1) From in any manner interfering with, restraining or co- ercing its employees in the exercise of their right to self-organ- ization, to form, join or assist labor organizations, to bargain collectively with representatives of their own choosing and to engage in concerted activity for the purposes of collective bar- gaining or other mutual aid or protection. (2) From discouraging membership of its employees in the Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, affiliated with the A. F. of L., or any other labor organization. (3) From through its officers and supervisory personnel, in- terrogating its employees either individually or collectively as to their membership in labor organizations, as to their attend- ance at meetings of labor organizations or as to how they would vote in the event of an election upon the question of representa- tion by a labor organization, or in any way attempting to dis- suade them from becoming or remaining members of said Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955. b. The respondent will take the following affirmative action : (1) Will notify its supervisory employees that they are not in any way to discourage membership in said Stenographers, G. KRUEGER BREWING CO. 497 Typists, Bookkeepers and Assistants Union, Local No. 20955, and that they are not to interrogate employees about their mem- bership in said Local No. 20955, or in other labor organizations, and not to question their employees about attendance at union meetings, as to how they would vote in an election on the ques- tion of representation by a labor union, or in any way influ- ence the employees against becoming members of the Stenog- raphers, Typists, Bookkeepers and Assistants Union, Local No. 20955, or in any other labor organizations. (2) Immediately offer re-employment, and if said offer is ac- cepted, immediately give re-employment to Anthony Wagner, Raymond MacFee and Andrew DeCoursey, which said employ- ment is to be in all respects substantially equivalent to that had by them with the said respondent at the time of their dis- charges on August 16th and 17th, 1938, respectively, and make whole said Anthony J. Wagner, Raymond MacFee and Andrew DeCoursey for any loss sustained by them as a result of said discharges by the payment of the sum of $650.74 to Anthony J. Wagner, $567.04 to Andrew DeCoursey and $413.26 to Raymond MacFee. (3) Post and keep visible in a prominent place in each de- partment in the office and in the department known as the draft room, for a period of 60 days a copy of the Notice marked Exhibit A7 annexed hereto and made a part thereof. (4) Post and keep visible in a prominent place in the office and in the room known as the draft room for a period of 60 days after receipt thereof, a copy of the Order entered by the National Labor Relations Board. (5) The respondent shall notify the Regional Director of the Second Region of compliance with the terms and provisions of this Order within ten days from the date of this Order by the Board. 6. It is further stipulated that the Circuit Court of Ap- peals for the Second Circuit may upon application by the Na- tional Labor Relations Board, enter a decree enforcing an Order of the Board in the form set out in paragraph 5. above. The respondent expressly waives its rights to contest the entry of such an order in such Circuit Court of Appeals. 7. It is agreed by all parties to this stipulation that further proceedings in connection with this hearing and the right to further presentation of evidence is expressly waived and all ' Since Exhibit A is identical with Appendix "A" of the Decision and Order, infra, it is omitted. 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD parties agree to waive the making of findings of fact and conclusions of law by the National Labor Relations Board. 8. In the event the National Labor Relations Board fails to approve the provisions of this stipulation, this stipulation shall be null and void and of no effect and the procedings shall be re- sumed and nothing contained herein shall be construed as an ad- mission against or affect the rights of the respondent. On March 21, 1939, the Board issued its order approving the above stipulation, making it a 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 with its principal office and place of business at Newark, New Jersey, is engaged in the manu- facture, sale, and distribution of beer, ale, and other fermented bev- erages. The principal raw materials used by the respondent are malt and hops, nearly all of which are shipped to the respondent's plant from points outside the State of New Jersey. The approxi- mate annual value of the fermented beverages sold by the respondent is $6,510,018.16, of which about 75 per cent are shipped from the respondent's plant to points outside the State of New Jersey. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. II. THE ORGANIZATION INVOLVED Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the respondent. 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 G. Krueger Brewing Co., Newark, New Jersey, shall : 1. Cease and desist from : (a) In any manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, G, KRUEGER BREWING CO. 499 join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted ac- tivity for the purposes of collective bargaining or other mutual aid or protection; (b) Discouraging membership of its employees in the Stenog- raphers, Typists, Bookkeepers and Assistants Union, Local No. 20955, affiliated with the A. F. of L., or any other labor organization; (c) Through its officers and supervisory personnel, interrogating its employees either individually or collectively as to their mem- bership in labor organizations, as to their attendance at meetings of labor organizations or as to how they would vote in the event of an election upon the question of representation by a labor organiza- tion, or in any way attempting to dissuade them from becoming or remaining members of the said Stenographers, Typists, Book- keepers and Assistants Union, Local No. 20955. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Notify its supervisory employees that they are not in any way to discourage membership in said Stenographers, Typists, Bookkeep- ers and Assistants Union, Local No. 20955, and that they are not to interrogate employees about their membership in the said Local No. 20955, or in other labor organizations, and not to question their employees about attendance at union meetings, as to how they would vote in an election on the question of representation by a labor union, or in any way influence the employees against becoming members of the Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, or in any other labor organizations; (b) Offer reemployment, and if said offer is accepted, immediately give reemployment to Anthony Wagner, Raymond MacFee, and Andrew DeCoursey, which said employment is to be in all respects substantially equivalent to that had by them with the said respond- ent at the time of their discharges on August 16 and 17, 1938, re- spectively, and make whole said Anthony J. Wagner, Raymond MacFee, and Andrew DeCoursey for any loss sustained by them as a result of said discharges by the payment of $650.74 to Anthony J. Wagner, $567.04 to Andrew DeCoursey, and $413.26 to Raymond MacFee ; (c) Post and keep visible in a prominent place in each depart- ment in the office and in the department known as the draft room, for a period of 60 days a copy of the Notice marked Appendix "A" annexed hereto and made a part thereof; (d) Post and keep visible in a prominent place in the office and in the room known as the draft room for a period of 60 days after receipt thereof, a copy of this Order; 169134-39-vol 12-33 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (e) Notify the Regional Director of the Second Region of com- pliance with the terms and provisions of this Order within ten days from the date hereof. APPENDIX A TO THE EMPLOYEES OF G. KRUEGER BREWING COMPANY, NEWARK, N. J. Please take notice: (1) The G. Krueger Brewing Company will not in any way inter- fere with, restrain or coerce its employees in the exercise of their rights to self-organization, to form, join, or assist labor organiza- tions, to bargain collectively with representatives of their own choos- ing and to engage in concerted activity for the purpose of collective bargaining or other mutual aid or protection. (2) The G. Krueger Brewing Company will not in any way dis- courage membership of its employees in the Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, affiliated with the A. F. of L., or any other labor organization. (3) The G. Krueger Brewing Company will not discharge or will not in any way discriminate against anybody for membership on the Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, A. F. of L., or any labor organization. The Company wishes it to be distinctly understood that whether or not its employees join this union or any union, is a matter of their own concern and insofar as the Company is concerned, it will most assuredly not in any way interfere, and if its employees desire to join and do join this union or any other union, they need have no fear that the Company will in any way take action which will in any way affect their employment. The Company, through its offi- cers or supervisory employees, will not question any of its employees either individually or collectively, as to their membership in the said Local No. 20955, or in any other labor organization, will not seek in any way to influence its employees against membership in the Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, A. F. of L., and will not interrogate its employees in any way as to their attendance at meetings of this union or any other labor organization, and will not question them as to how they will vote in an election in case one were held to determine whether or not they wanted the Stenographers, Typists, Bookkeepers and Assistants Union, Local No. 20955, or any other union to represent them for the purpose of collective bargaining with the Company. The Company has notified its supervisory employees that they are not to engage in any of the activities which the Company has stated in the above paragraph it will not permit them to do.