General Baking Co.

In the Matter of GENERAL BAKING COMPANY, LOUISVILLE, KEN- TUCKY 1 and KENTUCKY STATE FEDERATION OF LABOR, AFFILIATED. WITH THE AMERICAN FEDERATION OF LABOR 2 Case No. C-1502.-Decided March 26, 1940 Baking Industry-Settlement : stipulation providing for compliance with the Act, including reinstatement of two employees-Order: entered on stipulation. Mr. Samuel G. Zack, Mr. W. J. Perricelli, and Mr. Oscar Grossman, for the Board. Mr. Kenneth Sourer, of Philadelphia, Pa., for the respondent. Mr. Edw. H. Weyler, of Louisville, Ky., for the Union. Mr. Bernard W. Freund, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a charge and an amended charge duly filed by the Kentucky State Federation of Labor, affiliated with the American Federation of Labor, herein called the Union,3 the National Labor Relations Board, herein called the.Board, by the Regional Director for the Ninth Region (Cincinnati, Ohio), issued its complaint, dated January 18; 1940, alleging that General Baking Company, Louisville, Kentucky, herein called the respondent,4 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. Copies of 1 The respondent was designated in the pleadings as General Baking Company , Inc , 1406, W. Broadway, Louisville, Ky As hereinafter appears, it was stipulated by the parties that the correct name of the respondent is General Baking Company , Louisville, Kentucky In accordance with said stipulation , the pleadings are amended to designate the respondent correctly 2 It appears from the stipulation of the parties , hereinafter set forth , that this is the correct name of the Union , which was designated in the charge , the amended charge, the complaint and notice of hearing , and other documents filed herein , as Ky State Federation of Labor, aff. with American Federation of Labor. 206 Tyler Bldg , Louisville, Ky 3 See footnote 2, supra 4 See footnote 1, supra 21 N. L. R. B.. No. 107. 1089 1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the complaint and of an accompanying notice of hearing thereon were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance : (1) that the respondent terminated the employment of James P. Meagher and Clarence Lacefield, employees at its plant in Louisville, Kentucky, about April 28 and July 11, 1939, respectively, and thereafter refused to reinstate them, for the reason that they assisted the Union in its efforts to organize the employees of the respondent at said plant, and engaged in concerted activities with other employees of the respondent for their mutual aid and protec- tion; (2) that since July 5, 1935, the respondent, for the purpose of 'obstr`ucting and impeding union organization, threatened with dis- Icharge the employees at its Louisville, Kentucky, plant; and (3) that the respondent, by the above-described conduct and. by other acts, interfered with, restrained, and coerced its employees at its Louisville, Kentucky, plant, in the exercise of the rights guaranteed by Section 7 of the Act. The respondent filed an answer admitting certain allegations with respect to its business, and also admitting the termination of the em- ployment of Meagher and Lacefield, and the fact that neither of said employees was thereafter reemployed, but denying the commission of any of the unfair labor practices averred in the complaint. Pursuant to notice, a hearing upon the complaint was held in Louisville, Kentucky, on February 19, 1940, before Mortimer Riemer, the Trial Examiner dilly designated by the Board. Neither the respondent nor the Union appeared at the hearing and counsel for the Board, after introducing the formal documents in the case, moved for indefinite adjournment of the hearing in view of the pendency of negotiations for a settlement. The Trial Examiner granted the motion. On March 1, 1940, the respondent, the Union, and counsel for the Board entered into a stipulation, subject to the Board's approval, in settlement of the case. This stipulation reads as follows : It is hereby stipulated and agreed by and between the General Baking Company, hereinafter referred to as the Respondent; Kentucky State Federation of Labor, affiliated with American Federation of Labor, hereinafter referred to as the Union; and William J. Perricelli and Oscar Grossman, attorneys for the National Labor Relations Board, that : I. On charges duly filed by the Kentucky State Federation of Labor, affiliated with the American Federation of Labor, the National Labor Relations Board, by the Regional Director for the Ninth Region, acting pursuant to authority granted in Sec- tion 10 (b) of the National Labor Relations Act, 49 Stat. 449, GENERAL BAKING COMPANY 1091 and its Rules and Regulations, Series 2, Article IV, Section 1, issued its Complaint containing a Notice of Hearing on. the 18th day of January, 1940, against the General Baking Company, Louisville, Kentucky. II. The Respondent is and has continuously been since the 6th day of June, 1911, a corporation duly organized and existing under and by virtue of the laws of the State of New York and is authorized to do business in the State of Kentucky, having one of its offices, plants, and places of business in the City of Louis- ville, State of Kentucky, and is now and has been continuously engaged since on or about the 12th day of June, 1911, at the afore- said plant in the City of Louisville, State of Kentucky, hereinafter called the Louisville Plant, in the baking, sale, and distribution ,of bread and roll products. III. The total purchase of raw and other materials used in the making of the Respondent's products during the year 1939 amounted to in excess of $145,000.00, $125,000.00 of which was purchased and transported in interstate commerce from and through States of the United States, other than the State of Kentucky, to its Louisville Plant in the State of Kentucky. During the same period the Respondent's sale of its products amounted to in excess of $395,000.00, $90,000.00 of which was sold and transported in interstate commerce from its Louisville Plant in the State of Kentucky, to, into, and through States of the United States other than the State of Kentucky. IV. The Respondent is engaged in interstate commerce within the meaning of the Act, the decisions of the Board, and the decisions of the Supreme Court of the United States. V. This stipulation, together with the Charge, , Complaint containing Notice of Hearing, Rules and Regulations of the National Labor Relations Board, and the Respondent's Answer, may be introduced as evidence by filing them with the Chief 'Trial Examiner of the National Labor Relations Board, Wash- ington, D. C., designated by said Board. VI. The taking of testimony or the submission of further evi- 'dence 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 ex- pressly waived by the' parties herein, and the Board's 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. VII. The Kentucky State Federation of Labor, affiliated with ,the. American Federation of Labor, is a labor organization -1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 'within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. VIII. Upon this stipulation and the pleadings, if approved by the National Labor Relations Board, an Order may forthwith be entered by the Board providing as follows : Respondent, General Baking Company, Louisville, Kentucky, and 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 purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Discouraging membership in Kentucky State Federation of Labor, affiliated with the American Federation of Labor, or any other labor organizations of their employees by discharging or in any other manner discriminating against their employees in regard to hire or tenure of employment,,or any condition of employment of any of their employees by reason of said em- ployees' membership in the Kentucky State Federation of Labor, affiliated with the American Federation of Labor, or any other labor organization of their employees. 2. Take the following affirmative action in order to effectuate the purposes of the Act : (a) Immediately offer reinstatement and, upon acceptance of such offer, reinstate James P. Meagher and Clarence Lacefield to their former positions, without loss of seniority and without prejudice to any rights and privileges previously enjoyed by them ; (b) Post and keep visible on each of the bulletin boards in the Respondent's Louisville Plant, for a period of sixty (60) days after receipt of the approval of this stipulation by the National Labor Relations Board, copies of the following notice : NOTICE TO ALL EMPLOYEES Section 7 of the National Labor Relations Act states that- "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to,bargain collec- tively through representatives of their own choosing, and to GENERAL BAKING COMPANY 1093 engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection." It is the policy of this Company to comply both in letter and in spirit with the provisions -of the National Labor Relations Act, from which the foregoing is quoted. GENERAL BAKING COMPANY, Louisville, Kentucky. (c) Inform all of its officers, agents, and representatives that they shall not threaten employees in any manner because of their membership in any labor organization in general, or the Ken- tucky State Federation of Labor, affiliated with the American Federation of Labor, in particular. (d) Notify the Regional Director of the Ninth 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. IX. 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. This stipulation and any order or decree issued by the Board or the Circuit Court of Appeals in this matter shall apply to Respondent's Louisville plant only. X. It is further stipulated that the true and correct name of the Respondent is General Baking Company, Louisville, Ken- tucky. Wherever in the pleadings the Respondent is designated by any other name the said pleadings shall be amended so as to conform to the true and correct name. XI. It is further stipulated and agreed that this stipulation is subject to the approval of the National Labor Relations Board. XII. 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. On March 9, 1940, the Board issued its order approving the fore- going stipulation and making it a part of the record in the case, and, in accordance with Article II, Section 36, of National Labor Relations Board Rules and Regulation-Series 2, as amended, trans- ferring the case to and continuing it before the Board for the pur- pose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. Upon the basis of the above stipulation and the entire record in the case, the Board makes the following: 283032-41-vol 21-70 1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT General Baking Company, Louisville, Kentucky, a New York cor- poration, is engaged at its plant in Louisville, Kentucky, in the baking, sale, and distribution of bread and roll products. During 1939, purchases of materials used in the making of the respondent's products amounted to over $145,000, $125,000 of which were trans- ported to the respondent's Louisville plant from points outside the State of Kentucky. During the same period the respondent's sales of its products amounted to over $395,000, $90,000 of which were transported from the respondent's Louisville plant to States other than the State of Kentucky. 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. IT. THE ORGANIZATION INVOLVED Kentucky State Federation of Labor is a labor organization af- filiated with the American Federation of Labor. ORDER Upon the basis of the above findings of fact, the above stipula- tion, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that the respondent, General Baking Com- pany, Louisville, Kentucky, and 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 purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Discouraging membership in Kentucky State Federation- of Labor, affiliated with the American Federation of Labor, or any other labor organizations of their employees by discharging or in any other manner discriminating against their employees in regard GENERAL BAKING COMPANY 1095 to hire or tenure of employment, or any condition of employment of any of their employees by reason of said employees' membership in the Kentucky State Federation of Labor, affiliated with the Amer- ican Federation of Labor, or any other labor organization of their employees. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Immediately offer reinstatement and, upon acceptance of such offer, reinstate James P. Meagher and Clarence Lacefield to their former positions , without loss of seniority and without prejudice to any rights and privileges previously enjoyed by them; (b) Immediately post, if, it has not already done so, and keep visible for a period of sixty (60) days after the date of posting, on each of the bulletin boards in the respondent 's Louisville plant, copies of the following notice : NOTICE TO ALL EMPLOYEES Section 7 of the National Labor Relations Act states that- "Employees shall have the right 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 purpose of collective bargaining or other mutual aid or protection." It is the policy of this Company to comply both in letter and in spirit with the provisions of the National Labor Relations acct, from which the foregoing is quoted. GENERAL BAKING CO_IMPANY, Louisville , Kentucky. (c) Inform all of its officers , agents, and representatives that they shall not threaten employees in any manner because of their mem- bership in any labor organization in general , or the Kentucky State Federation of Labor, affiliated with the American Federation of Labor, in particular. (d) Notify the Regional Director of the Ninth Region, in writing, within ten ( 10) days from the date of this Order, what steps have been taken to comply herewith.