Pacific Grape Products Co.

In the Matter Of PACIFIC GRAPE PRODUCTS COMPANY and CANNERY WORKERS UNION- LOCAL 20592, A. F. L. Case No. C-1577.-Decided May 31, 1940. Fruit and Vegetable Canning Industry-Settlement: stipulation providing for compliance with the Act, including reinstatement and back pay-Order: entered on stipulation. Mr. John Paul Jennings, Mr. Leslie Lubliner and Mr. John T_ MeTernan, for the Board: Mr. Lewis L. Dennett, of Modesto, Calif., for the respondent. Mr. Charles J. Janigian, of San Francisco, Calif., for the Union. Miss Charlotte Anschuetz, of counsel to the Board. ' DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Cannery Work- ers Union Local 20592, A. F.' of L., herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, Cali- fornia), issued its complaint dated April 5, 1940, against Pacific Grape Products Company, Modesto, California, herein called the re- spondent, alleging 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. Copies of the complaint and notice of hearing thereon were duly served upon the respondent and upon the Union. With respect to the unfair labor practices, the complaint alleged in substance that (1) on or about June 29, 1938, September 1, 1938,. and continuously thereafter, the respondent by urging, persuading,, and warning its employees to refrain from becoming or remaining members of the Union or assisting. or participating in it, by dis- closing to its employees its disapproval of all union activity, by openly inquiring into and listing the names of its employees who, were union members or known to be sympathetic towards the Union,. 24 N. L. R. B., No. 12. 242 PACIFIC GRAPE PRODUCTS COMPANY 243 and by threatening its employees with present and future loss of employment should they become or remain members of the Union or assist, or participate in it, interfered with, restrained, and coerced its employees in the exercise of the right to self-organization and freedom of choice of representatives; (2) on or about September 2, 1938, the respondent discharged and thereafter refused to reinstate Robert Seda.in and Charles Black (except that the respondent em- ployed Charles Black between the dates of August 2 and 5, 1939), because they joined and assisted the Union; (3) that despite re- quests at various times by the Union on their behalf and by each person individually, the respondent refused and has since refused to reinstate, or to reemploy or employ, approximately 100 named employees, solely for the reason that they joined the Union and par- ticipated in a strike against the respondent, except that the respond- ent did reemploy or employ certain of these employees, some of them in positions not the same or equivalent to the positions held by them prior to the strike; (4) on or about August 4, 1939, the respondent refused to reinstate, or to reemploy or employ, Mabel Lahar, head forelady, to her former or equivalent position, at her request, because she joined and assisted the Union; and (5) by the foregoing acts the respondent interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On April 15, 1940, the respondent filed an answer to the complaint, which denied that the respondent had engaged in the alleged unfair labor practices and set forth certain affirmative defenses. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation and supplementary stipulation dated April 13, 1940, and May 10, 1940, respectively. These pro- vide as follows : STIPULATION It is hereby stipulated and agreed by and between Pacific Grape Products Company, hereinafter referred to as the "Re- spondent", Cannery Workers Union Local 20592, American Fed- eration of Labor, hereinafter referred to as the "Union", and John Paul Jennings, Leslie Lubliner, and John T. McTernan, attorneys for the National Labor Relations Board, as follows: I Respondent is and since November 19, 1928, has been a cor- poration organized under and existing by virtue of the laws of the State of California, having its principal office and place of business at Modesto, Stanislaus County, California (hereinafter called the "Modesto Plant"). Respondent is now and contin- 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD uously has been engaged at the Modesto Plant in the purchasing, canning, processing, preserving and marketing of fruits, vege- tables, and fruit and vegetable ' products. During , each of the years 1938 and 1939 , respectively , respondent sold and shipped from the Modesto Plant in excess of five hundred thousand cases of its products amounting in value to in excess of $1,750,- 000.00 respectively . During each of said years in excess of sixty-six per cent of said products , by volume and value, were shipped from the Modesto Plant in the State of California to points and places outside of the State of California . For pur- poses of this proceeding, and not otherwise , respondent admits that its operations affect commerce within the meaning of Sec- tion 2 (6) and (7) of the National Labor Relations Act. II Cannery Workers Union Local 20592, American Federation of Labor is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. All the parties hereto waive their right to a hearing, to the making of Findings of , Fact and Conclusions of law by the National Labor Relations Board herein, and to any other or further procedure before said board , and agree that the charges, Complaint and Notice of Hearing, Affidavit of Service of said Complaint and Notice of Hearing, the Answer of Respondent, the National Labor Relations Board Rules and Regulations, Series Two , as amended , and this Stipulation shall constitute the entire record in this case , and shall dispense with the neces- sity for the hearing provided for in the said Complaint and Notice of Hearing. IV Upon the record herein and upon . this Stipulation, if and when approved by the National Labor Relations Board, an order may be forthwith entered by said Board as follows : (1) Respondent, Pacific Grape Products Company, its officers, agents, successors and assigns , shall cease and desist from : (a) In any manner interfering with, restraining or coercing - its employees in the exercise of their right to form, join or assist labor organizations, to bargain collectively through representa- tives of their own choosing and to engage in concerted activities PACIFIC GRAPE PRODUCTS COMPANY 245, for the purpose of collective bargaining, or other mutual aid or protection (b) Discouraging membership in Cannery. Workers Union Local 20592, or any other labor organization of its employees, by discriminating against said employees in respect to their hire or tenure of employment, or any term or condition thereof. (2) Respondent, Pacific Grape Products Company, its officers, agents, successors and assigns shall take the following affirmative action to effectuate the policies of the National Labor Relations Act : (a) Offer to each of the employees named in Appendix "A",1 attached hereto immediately full reinstatement to their former positions in respondent's warehouse, or to positions substantially equivalent thereto, without prejudice to their seniority or other rights or privileges. (b) Make whole each of the employees named on Appendix "A" attached hereto, for any loss of pay they may have suffered from February 26, 1939 down to the date of this order by pay- ment to them of the sums set opposite their respective names on said Appendix "A"; (c) Offer to each of the employees named on Appendix "B",2 attached hereto, reinstatement to their former or substantially equivalent positions at the beginning of the 1940 canning season, without prejudice to their seniority or other rights or privileges, in the following manner : Seasonal employees of respondent, including those named on said Appendix "B" shall be offered employment as jobs become available in the order of their seniority without any deduction therefrom on account of their not having worked since September 4, 1938, and those for whom jobs are not available shall be placed upon a preferential list to be offered jobs as they become available before jobs are offered any other person of less seniority. (d) Respondent shall make whole each of the employees named on Appendix "B", attached hereto for any loss of pay that he may have suffered from the beginning of the 1939 canning season down to the date of this order by payment to them of the sum of money set opposite the respective name of each. (e) Post and maintain for sixty consecutive days notices in conspicuous places in its plant and warehouse at Modesto, Cali- fornia, setting forth the provisions of paragraph I of this order 'Appendix "A" Is identical with Appendix "A" below, annexed to and made a part of this Decision and Order.. ' a Appendix "B" is identical with Appendix "B" below, annexed to and made a part of this Decision and Order. ( Appendix B is erroneously designated as "Exhibit B" In the stipulation.) 283035-42-vol. 24-17 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and stating that the employees of respondent are free to join or assist Cannery Workers Union Local 20592, American Fed- eration of Labor, and that such action on their part will not affect their employment status with respondent. (f) Notify the Regional Director for the Twentieth Region in writing, within twenty days from the date of this order, of the steps taken by respondent to comply herewith. V After the entry of the order by the National Labor Relations Board as provided for in Paragraph IV hereof, there may be entered in the United States Circuit Court of Appeals for the Ninth Circuit, a decree by said court enforcing said order in full, and each of the parties hereto hereby consents to the entry of said decree and hereby waives prior notice thereof. VI It is expressly understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board. VII This Stipulation contains the entire agreement between the parties hereto and there is no understanding, oral or written, adding to or in anywise altering the provisions of this stipulation. SUPPLEMENTAL STIPULATION Supplementing the Stipulation between the parties hereto dated April 13, 1940, it is hereby stipulated and agreed by and between Pacific Grape Products Company, hereinafter referred to as the "Respondent", Cannery Workers Union Local 20592, Amer- ican Federation of Labor, hereinafter referred to as the "Union", and John Paul Jennings, Leslie Lubliner, and John T. McTernan, attorneys for the National Labor Relations Board, as follows: I The amended charge in the above entitled proceeding shall be amended by adding to Exhibit "B" attached thereto the follow- ing named individuals : Quirin Aker Josephine Burroughs Tom Armstrong Sarah Bussell 1. Black John Craig . Rosabelle Bower Pauline Griffin PACIFIC GRAPE PRODUCTS COMPANY 247 Thelma Hendrix Pearl Rumley Alice Holbrook R. J. Stoken Andrew Jensen Esther Welch Mrs. E. S. May Dean Winter E. S. May Judd Winter Eva Owens II The complaint herein dated April 5, 1940 shall be amended by adding to Exhibit "B" referred to in Paragraph 8 of said coin- plaint and attached to said complaint, the following named individuals : Quirin Aker Andrew Jensen Tom Armstrong Mrs. E. S. May 1. Black E. S. May Rosabelle Bower Eva Owens Josephine Burroughs Pearl Rumley Sarah Bussell R. J. Stoken John Craig Esther Welch Pauline Griffin Dean Winter Thelma Hendrix Judd Winter Alice Holbrook III The complaint, amended as provided above, shall be deemed to be issued and founded upon the amended charge amended as provided above; and the Answer of respondent to the complaint herein shall stand and be deemed as the Answer of respondent to the complaint as amended. IV That the order provided for in Paragraph IV of the Stipula- tion of April 13, 1940 may be amended by the addition on Page 5 of said Stipulation, at the end of said stipulated order, of the following : It is further ordered that the allegations of the complaint with respect to Midge Evans, Pauline Foster, Carrie Fuller, Ruth Gowans, Lawrence Kennedy, and J. B. Perry, be, and they hereby are, dismissed. On ,May 14, 1940, the Board issued an order approving the above stipulation and supplemental stipulation, making them a part of the record, and pursuant to Article II, Section 36, of National Labor 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board Rules and Regulations-Series 2, as amended, trans- ferred the proceeding to the Board for the purpose of entry, of a decision and order pursuant to the provisions of the stipulation and the supplemental 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 The respondent, a California corporation having its principal office and place of business at Modesto, California, is engaged in the purchasing, canning, processing, preserving, and marketing of fruits, vegetables, and fruit and vegetable products. Only the plant at Modesto is involved in this proceeding. During each of the years 1938 and 1939, respectively, the respondent produced at its plant in Modesto approximately 500,000 cases of its products valued at ap- proximately $1,750,000. In each of these years, approximately 66 per cent of these products were shipped from the Modesto plant to points outside of California. The respondent admits, for the pur- pose of this proceeding, that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a con- tinous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation and sup- plemental stipulation, and the entire record in the case, and pur- suant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that Pacific Grape Products Company, Modesto;, California, 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 right 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; (b) Discouraging membership in Cannery Workers Union Local 20592, or any other labor organization of its employees, by dis- criminating against said employees in respect to their hire or tenure of employment, or any term or condition thereof. PACIFIC GRAPE PRODUCTS COMPANY 249 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act: (a) Offer to each of the employees 'named in Appendix "A", attached hereto immediately, full reinstatement. to their former posi- tions in respondent's warehouse, or to positions substantially equiva- lent thereto, without prejudice to their seniority or other rights or privileges ; . (b) Make whole each of the employees named on Appendix "A" attached hereto, for any loss of pay they may have suffered from February 26, 1939 down to the date of this order by payment to them of the sums set opposite their respective names on said Appendix "Aar; (c) Offer to each of the employees named on Appendix "B", attached hereto, reinstatement to their former or substantially equiva- lent positions at the beginning of the 1940 canning season, without prejudice to their seniority or other rights or privileges, in the fol- lowing manner : Seasonal employees of respondent, including those named on said Appendix "B" shall be offered employment as jobs become available in the order of their seniority without any deduction therefrom on account of their not having worked since September 4, 1938, and those for whom jobs are not available shall be placed upon a prefer- ential list to be offered jobs as they become available before jobs are offered any other person of less seniority; (d) Respondent shall make whole each of the employees named on Appendix "B", attached hereto for any loss of pay that he may have suffered from the beginning of the 1939 canning season down to the date of this order by payment to them of the sum of money set opposite the respective name of each; (e) Post and maintain for sixty consecutive days notices in con- spicuous places in its plant and warehouse at Modesto, California, setting forth the provisions of paragraph I of this Order and stating that the employees of respondent are free to join or assist Cannery Workers Union Local 20592, American Federation of Labor, and that such action on their part will not affect their employment status with respondent; (f) Notify the Regional Director for the Twentieth Region in writing, within twenty days from the date of this Order, of the steps taken by respondent to comply herewith. IT IS FURTHER ORDERED that the allegations of the complaint with respect to Midge Evans, Pauline Foster, Carrie Fuller, Ruth Gowans, Lawrence Kennedy, and J. B. Perry, be, and they hereby are, dismissed. 250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX "A" . . Name Amount Name Amount James Kirksey________________ $20.00 Clarence Rawlings ------------ $20.00 Jess De Wees_________________ 50.00 Percy Landingham------------ 80.00 Ira De Wees__________________ 10.00 Homer Johnson ---------------- 5.00 John, Bennett_________________ 10.00 Fred Thomas ----------------- 40.00 Joe Phillips___________________ 50.00 A. C. Burroughs_______________ 40.00 Roy Emert-------------------- 10.00 R. T. O'Leary---------------- ------ Claude Fautt__________________ 35.00 J. C. Jones -------------------- 60.00 Jack Martin___________________ 35.00 APPENDIX "B" Name Amount Name Amount Charles Black_________________ $4. 80 William Kuorr________________ $7.00 Robert Sedain_________________ 15.00 Letha Lauler__________________ 2.00 Mabel Lahar__________________ 35.00 Attie Leach___________________ 2. 00 James Allen___________________ 20.00 Ray Loucks___________________ 10.00 Lizzie Armstrong______________ 2.00 Arthur Maxwell_______________ 4. 80 Nora Atwell___________________ ------ Robert Maxwell______________ 4. 80 Everett Atwell_________________ 10.'40 Dora Meredith________________ 7. 50 Charles Beutel________________ 10.00 A. R. Marti------------------- 15.00 William Bosch________________ ______ Willa Moore ------------------- 2.50 Gu.q Boyd--------------------- 4.80 George Moore _________________ 2.50 Ruby W. Boa_________________ 2.00 Della Millner ------------------ 18.50 Harley Caldwell_______________ 4. 80 Charlotte Neptune_____________ 5. 00 Frank Carrier_________________ 4.80 Charles G. Nowlin_____________ 4. 80 Blanch, Carroll________________ 3.00 June O'Neil------------------ 2.00 Billie Castleman_______________ 13. 00 Ernest Pascale________________ 4.80 Totsie Clark___________________ ------ Orrion Perry__________________ ------ Emma Craig__________________ 3.00 Merle Poland__________________ ______ Addie Crow___________________ 5. 00 Fennie Reddell________________ ______ Oscar Furrey__________________ 5'.00 Vernis Reddell________________ ------ J. H. George__________________ 25.00 Katie Pifferini ----------------- 7.50 Theresa George________________ 12.00 Ruth Rinehart---------------- ------ Cliff George___________________ 20.00 Thomas Rinehart______________ ------ Roy Gillespie------------------ 5.00 Pearl Rumley_________________ ------ Abraham Gladstone____________ 7.00 Tillie Schoening --------------- 3.50 Pauline Griffin________________ 7. 70 Lyle Schoening________________ 10.00 Lulu Hardin__________________ 2.00 Bertha Schoolcraft____________ 2.00 Frank Hurtle_________________ 13.00 Ida Simms- __________________ 2.00 Bonnie Hibbits________________ 2. 50 Donald Smalley_______________ 4. 00 Donnie Hinton Bradley --------- 2.00 Georgia Smart________________ 2.00 Frances Hinton________________ 12.00 ,A,. H. Smith__________________ 4.80 Alice Holbrook________________ 5.00 Ida Smith--------------------- ------ Charlie P. Holder_____________ 4. 80 Ocie Spears___________________ 2.00 Cain Howell__________________ ------ Lottie Stokes_________________ 4.50 Charles Jacobson -------------- 4.80 Emma Sullivan________________ ------ Agnes Johnson________________ 4.00 Mike, Sullivan_________________ ------ Mae R. Johnson_______________ ------ R. J. Stoken__________________ 4.80 Bernice Keller ------------ -__ ------ Philip Souza__________________ ------ Lillian Jones__________________ ______ Lillian Swearinger Lewis______ ------ Bertie Keplinger______________ ______ Frank E. Shaver______________ 7.50 PACIFIC GRAPE PRODUCTS COMPANY 251 Name Amount Name Amount C. M. Teekell_________________ $2.00 Tom Armstrong_______________ $7.50 J. B. Terry------------------- 4.80 Esther Welch ------------------ ------ Mary Watson----------------- 5.00 Sarah 'Bussell----------------- ------ Rena Weddle__________________ 2.00 Eva, Owens-------------------- ------ Richard Watson--------------- 7.50 Andrew Jensen________________ 6. 50 Lola Wellman George--------- 12.00 Josephine Burroughs___________ ------ Addler Whaley________________ 4.00 1. Black----------------------- ------ Grace Wilbur_________________ 2.00 Mrs. E.'S. May---------------- ------ Anna Wilcox------------------ 2. 00 E. S. May--------------------- 4.80 Herbert Winter_______________ 2.00 Thelma Hendrix________ _______ ------ J. E. Wilcox------------------ 10.00 John Craig-------------------- ------ Vena Wooldridge______________ ______ Quirin Aker___________________ 4. 80 Harliss Pierce_________________ 4.80 Rosabelle Bower_______________ 2.00 M. V. Zanora----------------- ------ Dean Winter ------------------- 17.50 Lora Monteen_________________ 15.00 Judd Winter__________________ 2.00