Bob White Mills, Inc.

In the Matter of BOB WHITE MILLS, INC. and CHRIS GJENSTE Case No. C-1586.-Decided June 6, 1940 Feed and Fertilizer Manufacturing Industry-Settlement : stipulation pro- viding for compliance with the Act, including back pay-Order : entered on stipulation. Mr. Lee Loevinger and Mr. Henry W. Lehmann, for the Board. Mr. Oliver S. Andresen, of Duluth, Minn., for the respondent. Mr. Milton E. Harris, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges filed by Chris Gjenste, the National Labor Relations Board, herein called the Board, by its Regional Director for the Eighteenth Region (Minneapolis, Minnesota), issued a complaint dated April 22, 1940, against Bob White Mills, Inc., Duluth, Minne- sota, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- merce, 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. The complaint, containing a notice of hearing thereon, was duly served on the respondent and on Gjenste. With respect to the unfair labor practices, the complaint alleged in substance that the respondent (1) on or about January 9, 1939, dis- charged Gjenste, and at all times thereafter refused to reinstate him, because he had joined and assisted certain labor organizations and had otherwise engaged in concerted activities for the purposes of col- lective bargaining and other mutual aid and protection, thereby dis- couraging membership in such organizations; (2) since March 1937 advised, urged, warned, and threatened its employees to refrain from becoming or remaining members of such labor organizations or other- wise assisting them; and (3) by the foregoing and other acts inter- fered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. 24 N. L. R. B., No. 31. 399 400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On May 2, 1940, the respondent filed an answer, in which it denied that it had engaged in any of the alleged unfair labor practices. Pursuant to notice, a hearing was held in Duluth, Minnesota, on May 6, 1940, before George Bokat, the Trial Examiner duly desig- nated by the Board. The Board and the respondent were represented by counsel and participated in the hearing, and Gjenste was present but did not make a formal appearance. At the hearing the parties (including Gjenste) entered into a stipulation subject to the Board's approval, in settlement of the case. This stipulation provided as follows : It is hereby stipulated and agreed by and between all of the parties to this proceeding, as follows : 1. The record herein shall consist of this stipulation, the tran- script herein, including the stipulation read into the record above, and the exhibits offered and received in evidence herein. . 2. All of the parties hereto hereby waive the right to any fur- ther hearing herein, the making of findings of fact and conclu- sions of law by the National Labor Relations Board, and hereby agree and consent to the entry of the following order by the National Labor Relations Board, and by the appropriate United States Circuit Court of Appeals. ORDER Upon the basis of the stipulation herein, 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 : 1. The Respondent, 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 self-organization, to form, join or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for purposes of collective bargaining, or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act; (b) Discouraging membership in any labor organization of its employees by discrimination and 1 in regard to hire or tenure of employment or any term or condition of employment. 2. The Respondent, its officers, agents, successors and assigns shall take the following affirmative action to effectuate the policies of the Act: (a) Immediately upon the entry of this Order, pay to Chris Gjenste the sum of $50.00, and within ten 1 Sic. BOB WHITE MILLS, INC. 401 days after the entry of this Order pay to the said Chris Gjenste the further sum of $50.00; (b) Post in several places at its plant notices embodying the cease and desist provisions of this Order, and keep such notices posted for a period of sixty days; (c) Notify the Regional Director for the Eighteenth Region of the National Labor Relations Board in writing within ten days from the date of the entry of this order what steps the Respond- ent has taken to comply herewith. 3. The issuance of an order, based upon the terms and pro- visions of this stipulation, shall constitute a complete deter- mination of all of the issues raised by the pleadings in this proceeding. 4. This stipulation is made subject to the approval of the National Labor Relations Board. If this stipulation is not approved by the National Labor Relations Board within twenty- one days from the date hereof, it shall be null and void and of no effect and this proceeding shall stand in the same status as though this stipulation had not been made and the hearing in this proceeding may be reconvened upon three days' notice to the parties herein. 5. This stipulation constitutes the entire agreement between the parties and no verbal agreement of any kind has been made which varies, alters, or adds to this stipulation. On May 23, 1940, the Board issued and duly served on the parties an order. approving the said stipulation, making it a part of the record in this case, and, in accordance with Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the case to and continuing it before the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulation. Upon the basis of the said stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT 2 . The respondent is a Minnesota corporation, with an office and mill in Duluth, Minnesota, where it is principally engaged in the manufacturing and processing of animal feeds and mineral fertil- izers. During 1938 and 1939 the respondent purchased products consisting principally of grain, screenings, phosphates, nitrogen, filler, potash, cottonseed meal, gluten feed, meal, soy bean oil, linseed 2 The findings in this section are based on a stipulation of facts entered into at the hear- ing by the attorneys for'the Board and the respondent. 402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD oil meal, and malt sprouts, and amounting to approximately $120,000 in value, about 40 per cent of which originated outside the State of Minnesota and were shipped to the respondent's mill in Duluth, Min- nesota, by railroad and truck. During the same period, the respond- ent sold products consisting principally of feed and fertilizer and amounting to approximately $150,000 in value, about 25 per cent of which was shipped from Duluth, Minnesota, to customers located outside the State of Minnesota. We find that the foregoing operations constitute a continuous flow of trade, traffic, and commerce among the several States, and that the respondent is engaged in commerce, within the meaning of Sec- tion 2 (6) and (7) of the Act. ORDER Upon the basis of the stipulation herein, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Rela- tions Act, the National Labor Relations Board hereby orders that the respondent, Bob White Mills, Inc., Duluth, Minnesota, 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 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 purposes of collective bargaining, or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act ; (b) Discouraging membership in any labor organization of its employees by discrimination in regard to hire or tenure of employ- ment or any term or condition of employment. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Immediately upon the entry of' this order, pay to Chris Gjenste the sum of $50, and within ten (10) days after the entry of this order, pay to the said Chris Gjenste the further sum of $50; (b) Post in several places at its plant notices embodying the cease and desist provisions of this order, and keep such notices posted for a period of sixty (60) days; (c) Notify the Regional Director for the Eighteenth Region of the National Labor Relations Board in writing, within ten (10) days from the date of the entry of this order, what steps the re- spondent has taken to comply herewith.