Jersey Maid Corp.

In the Matter Of JERSEY MAID CORPORATION and MILK DRIVERS' LOCAL UNION No. 680 ( AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, STABLEMEN & HELPERS OF AMERICA, AFL) Case No. C-1499.-Decided March X5,1940 Dairy Industry-Settlement : stipulation providing for compliance with the Act, including disestablishment of company -dominated union; reinstatement, preferential list, and back pay in specified amount respectively as to three employees-Order: entered on stipulation. Mr. Joseph F. Castiello, for the Board. Mr. William Stix, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a second amended charge duly filed 1 by Milk Drivers' Local Union No. 680, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers of America, AFL, 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 dated December 14, 1939, alleging that Jersey Maid Corporation, Bordentown, New Jersey, herein called the respondent, had engaged in and was engag- ing in unfair labor practices within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. Copies of the complaint, of an accompanying notice of hearing thereon, and of subsequent notices of postponements and change cf place of the hearing, were duly served upon the respondent, the Union, and Jersey Maid Employees' Protective Association, herein called the Association, a labor organization alleged in the complaint to be dominated by the respondent. 1 The original charge was filed on January 7, 1938; an amended charge on October 12, 1939; and the second amended charge on November 2, 1939. 21 N. L. R. B., No. 101. 1059 1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD With respect to the unfair labor practices the complaint alleged in substance (a) that since about December 20, 1937, the respondent dominated, interfered with, and contributed financial and other sup- port to the formation and administration of the Association; (b) that in furtherance of the unfair labor practices averred in the complaint the respondent recognized as its employees' sole collective bargaining agent, entered into written contracts with, and made a condition of employment membership in, the Association; (c) that the respondent discriminatorily discharged Stephen Raible about September 30, 1937, Daniel Johnson about October 27, 1937, and William Matuza about January 15, 1938; and (d) that by the afore-mentioned acts and by other acts the respondent intimidated, restrained, coerced, and interfered with its employees in the exercise of the rights guaranteed in Section 7 of the Act. Thereafter the respondent filed an answer in which it admitted cer- tain of the allegations with respect to its business and denied others; denied that it had engaged in the unfair labor practices alleged; and, with respect to the alleged discriminatory discharges, averred that Raible was not discharged but that he had been and still was a sea- sonal employee, that Johnson's employment had been terminated by reason of the abolition of his position, and that Matuza had quit his employment when the Association demanded-pursuant to its closed-shop contract with the respondent-that he become a member or leave the respondent's employ. As a further and separate de- fense, the respondent alleged in its answer that the Board was precluded by lathes from issuing a complaint. On February 9, 1940, the Company and an attorney representing the Board, and on February 19, 1940, the Union entered into a stipu- lation, subject to the Board's approval, in settlement of the case. This stipulation provides as follows : It is hereby stipulated and agreed by and between the Jersey Maid Corporation, hereinafter referred to as the Respondent; the Milk Drivers' Local Union No. 680 (affiliated with the Inter- national Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers of America, AFL), hereinafter referred to as the Union; and Jack Davis, attorney for the National Labor Relations Board, that : I. On charges duly filed by the Milk Drivers' Local Union No. 680 (affiliated with the International Brotherhood-of Team- sters, Chauffeurs, Stablemen & Helpers of America, AFL),. 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 2, Article IV, Sec- JERSEY MAID CORPORATION 1061 tion 1, issued its Complaint on the 14th day of December, 1939, against the Jersey Maid Corporation, Respondent herein. II. Respondent, the Jersey Maid Corporation, is and has been since 1918, a corporation organized and existing by virtue of the laws of the State of New Jersey, having its principal office and place of business in the City of Bordentown, State of New Jer- sey, and is now and has continuously been engaged in its plant in the said City of Bordentown, State of New Jersey, hereinafter called the Bordentown plant, in the purchase, sale, manufacture, processing and distribution of milk, cream, butter, ice cream, sour cream, buttermilk, condensed milk, and kindred products. III. Respondent, the Jersey Maid Corporation, in the course and conduct of its business, at its Bordentown plant, uses, among other things, the following raw materials and products, to wit, milk, cream, butter, and accessories, to wit, bottles, paper car- tons and boxes, 28 per cent of which raw materials and products, in dollar volume, are caused by the Respondent to be shipped to it at its Bordentown plant in the State of New Jersey, from and through States of the United States other than the State of New Jersey, thus causing same to be transported in interstate commerce, and there these raw materials and products are manu- factured and processed by the Respondent into the products mentioned in Paragraph II above. IV. Respondent manufactures, processes and distributes the products set forth in Paragraph II, at its Bordentown plant, and causes and has continuously caused approximately 71/2 per cent of these products manufactured, processed and distributed by it, to be sold and transported in interstate commerce from its Bordentown plant to, into and through States of the United States other than the State of New Jersey. V. Respondent, solely for the purposes of this case, and for no other purposes, and not generally, admits that it is engaged in interstate commerce within the meaning of the National Labor Relations Act, and the decisions of the United States Supreme Court pertaining thereto. VI. This Stipulation, together with the Charge, Complaint, Notice of Hearing, and Rules and Regulations of the National Labor Relations Board, may be introduced as evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., designated by said Board. VII. The taking of testimony or the submission of further evidence before a Trial Examiner in this matter, the making of findings of fact, and conclusions by the Board, pursuant to the provisions of the National Labor Relations Act, are hereby expressly waived by the Respondent herein, and the Board's 283032-41-vol 21--68 1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Order, as herein provided, shall have the same force and effect as if made after a full hearing, presentation of evidence, and the making of findings thereon. VIII. The Milk Drivers' Local Union No. 680 (affiliated with the International Brotherhood of Teamsters, Chauffeurs, Stable- men & Helpers of America, AFL), is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. IX. The Jersey Maid Employees' Protective Association is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. X. Upon this Stipulation and the Complaint, an Order may forthwith be made and entered by said Board, providing as follows : Respondent, the Jersey Maid Corporation, and its officers, agents, successors, and assigns, shall 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 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 any labor organization of its employees by discriminating against employees in regard to hire or tenure of employment, or in any other manner; (c) From in any manner dominating or interfering with the formation or administration of, or from contributing aid or support to, the Jersey Maid Employees' Protective Association, ,or any other labor organization of its employees; from recog- nizing or dealing in any manner with the Jersey Maid Em- ployees' Protective Association, or any successor thereto, or any group that purports to represent said organization; or from forming or maintaining any groups or designating any individuals to act as the representatives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment; (d) From giving effect to its contract or contracts with the Jersey Maid Employees' Protective Association. 2. Take the following affirmative action in order to effectuate the purposes of the Act- (a) Withdraw all recognition from the Jersey Maid Em- ployees' Protective Association, as the representative of its em- ployees, or any of them, for the purposes of dealing with Re- JERSEY MAID CORPORATION 1063 spondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and disestablish said Jersey Maid Employees' Protective Association as the representative of its employees; (b) Inform in writing each and every one of the officers of the Jersey Maid Employees' Protective Association that Re- spondent will not in any manner deal with or recognize the Jersey Maid Employees' Protective Association; (c) Inform all of its officers, agents, foremen, and other super- visory employees that they shall not threaten employees in any manner because of their membership in any labor organization; (d) Immediately offer reinstatement and, upon acceptance of such offer, reinstate Stephen Raible to his former position, without loss of seniority and without prejudice to any rights and privileges previously enjoyed by him; (e) Place Daniel Johnson, for whom employment is not now available, on a preferred list, to be offered employment as it arises in his former position, to wit, long-distance route driver, and upon acceptance of such offer, reinstate the said Daniel Johnson, without loss of seniority and without prejudice to any rights and privileges previously enjoyed by him and which are enjoyed by those employed in like positions; make said offer in writing and send by registered mail to the said Daniel John- son, at his home address, to wit, 889 Park Street, Bordentown, New Jersey; (f) Make whole William Matuza for the loss of pay suffered by him, by paying to him the sum of $300.00, on or before February 14, 1940; (g) Post and keep visible in a prominent place in each de- partment of its Bordentown plant, for a period of sixty (60) days from receipt thereof, copies of the Order of the Board; (h) Notify the Regional Director of the Fourth Region, in writing, within ten (10) days from the date of the Order of the National Labor Relations Board, what steps have been taken to comply therewith. XI. It is understood and agreed that the rates of pay and hours of work now existing in Respondent's Bordentown plant shall not be changed by virtue of this Stipulation. XII. It is understood and agreed that William Matuza has other and substantially equivalent employment, and his rein- statement is not sought. XIII. It is stipulated and agreed that the appropriate United States Circuit Court of Appeals may, upon application of the National Labor Relations Board, enter a decree enforcing the aforesaid Order of the Board, Respondent hereby expressly 1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD waiving its right to contest the entry of such decree in the appro- priate United States Circuit Court of Appeals, and further, expressly waiving its right to receive notice of the filing by the National Labor Relations Board of an application for the entry of such a decree. XIV. This Stipulation is subject to the approval of the National Labor Relations Board. If this Stipulation is not approved by the National Labor Relations Board, it shall be without prejudice and not evidentiary against the Respondent. XV. This Stipulation contains the entire agreement of the parties, and there is no verbal agreement of any kind which varies, alters, or modifies this Stipulation. Pursuant to notice, a hearing upon the complaint was held in Washington, D. C., on March 1, 1940, before William R. Ringer, the Trial Examiner duly designated by the Board. The Board was repre- sented 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. At the hearing counsel for the Board introduced in evidence the above stipulation. On March 7, 1940, the Board ordered that the above stipulation be approved and made a part of the record in the case and that in accord- ance with Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, the proceeding be transferred to and continued before the Board for the purpose of the entry of a decision and order pursuant to the provisions of the stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Jersey Maid Corporation is a New Jersey corporation with its office and principal place of business at Bordentown, New Jersey, where it is engaged in the purchase, sale, manufacture, processing, and dis- tribution of milk, cream, butter, ice cream, sour cream, buttermilk, condensed milk, and kindred products. Of the milk, cream, butter, bottles, paper cartons, and boxes used by the respondent as raw materials, approximately 28 per cent in value are shipped to the Bordentown plant from States other than New Jersey. Of the products manufactured, processed, and distributed by the respondent approximately 71/2 per cent in value are shipped to States other than JERSEY MAID CORPORATION 1065 New Jersey-' The respondent stipulated that it "is engaged in inter- state commerce within the meaning of the National Labor Relations Act, and the decisions of the United States Supreme Court pertaining thereto." We find that the activities of the respondent alleged in the com- plaint, occurring in connection with the operations of the respond- ent described above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. II. THE ORGANIZATIONS INVOLVED Milk Drivers' Local Union No. 680, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers of America, AFL, and Jersey Maid Employees' Protective Association are labor organizations within the meaning of Section 2 (5) of the Act. ORDER Upon the basis of the above findings of fact, the 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 the respondent, Jersey Maid Corporation, Borden- town, New Jersey, its officers, agents, successors, and assigns, shall : 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 con- certed 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 any labor organization of its employees by discriminating against employees in regard to hire or tenure of employment, or in any other manner; (c) From in any manner dominating or interfering with the formation or administration of, or from contributing aid or support to, the Jersey Maid Employees' Protective Association, or any other labor organization of its employees; from recognizing or dealing in any manner with the Jersey Maid Employees' Protective Association, or any successor thereto, or any group that purports to represent said g From an exhibit introduced in evidence we find more particularly that of the raw materials purchased by the respondent during 1937, which amounted in value to $360,000, approximately 26 per cent were procured from outside New Jersey. During the same period the respondent sold processed goods amounting in value to approximately $464,000, of which about 7 per cent in value were shipped out of New Jersey. 1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization; or from forming or maintaining any groups or desig- nating any individuals to act as the representatives of the employees for the purposes of collective bargaining respecting any of the terms or conditions of employment; - (d) From giving effect to its contract or contracts with the Jersey Maid Employees' Protective Association. 2. Take the following affirmative action in order to effectuate the purposes of the Act- (a) Withdraw all recognition from the Jersey Maid Employees' Protective Association, as the representative of its employees, or any of them, for the purposes of dealing with Respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment; and disestablish said Jersey Maid Employees' Protective Association as the representative of its em- ployees ; (b) Inform in writing each and every one of the officers of the Jersey Maid Employees' Protective Association that Respondent will not in any manner deal with or recognize the Jersey Maid Employees' Protective Association; (c) Inform all of its officers, agents, foremen, and other super- visory employees that they shall not threaten employees in any man- ner because of their membership in any labor organization ; (d) Immediately offer reinstatement and, upon acceptance of such offer, reinstate Stephen Raible to his former position, without loss of seniority and without prejudice to any rights and privileges pre- viously enjoyed by him; (e) Place Daniel Johnson, for whom employment is not now avail- able, on a preferred list, to be offered employment as it arises in his former position, to wit, long-distance route driver, and upon accept- ance of such offer, reinstate the said Daniel Johnson, without loss of seniority and without prejudice to any rights and privileges previ- ously enjoyed by him and which are enjoyed by those employed in like positions; make said offer in writing and send by registered mail to the said Daniel Johnson, at his home address, to wit, 889 Park Street, Bordentown, New Jersey; (f) Make whole William Matuza for the loss of pay suffered by him, by paying to him the sum of $300.00, on or before February 14, 1940; (g) Post and keep visible in a prominent place in each department of its Bordentown plant, for a period of sixty (60) days from receipt thereof, copies of the Order of the Board; (h) Notify the Regional Director of the Fourth Region, in writing, within ten (10) days from the date of the Order of the National Labor Relations Board, what steps have been taken to comply therewith.