Life Savers Corp.

In the Matter of LIFE SAVERS CORPORATION and EMPLOYEES INDEPENDENT UNION Case No. C-1602.-Decided June p31, 1940. . Candy Manufacturing Industry-Settlement : stipulation providing for compli- ance with the Act, including reinstatement of employees and recognition of complaining union as collective bargaining agent for employees-Order: entered on stipulation. Mr. Weldon P. Monson, for the Board. ' Messrs. Rogers, Hoge and Hills, of New York ' City, by Mr. Clifton Cooper, for the respondent. Mr. R. J. McKeever, of Port Chester, N. Y., for the Union. Miss Margaret Hohnes, of counsel to the Board. DECISION' AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Employees In. dependent Union of Life Savers Corporation, 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 and notice of hearing, dated May 28, 1940, against Life Savers Corporation; Port Chester, New York, herein called the re- spondent,. alleging that the respondent had engaged in and was en- gaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1), (3); and (5) and Section-2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act." With respect to the unfair labor practices, the complaint alleged in substance : (1) that the respondent discharged or laid off, and there- after refused to reinstate, eight named employees because they joined and assisted the Union ; (2) that the respondent,' on or about March 14, 1939, and at all times thereafter, refused to bargain collectively with the Union, although the Union had been designated by a major- ity'of employees in an appropriate unit; and (3) that the respondent In the stipulation set forth infra, the respondent waived service of the complaint and notice of hearing. 24 N. L. R. B., No. 92. . 875 :876 DECISIONS OF NATIONAL LABOR RELATIONS BOARD from on or about March 14, 1939, and many times thereafter, until the date of the complaint, urged, persuaded, warned, and threatened its employees to refrain from aiding, and becoming or remaining members of, the Union. On June 3, 1940, the respondent and counsel for the Board , entered into a stipulation in settlement of the dispute, subject to the approval of the Board. This stipulation provided as follows: STIPULATION It is hereby stipulated by and between Life Savers Corporation, respondent herein, and Weldon P. Monson, attorney for the National Labor Relations Board, that I. Upon charges and amended charges duly filed by Employees Independent Union, the National Labor Relations Board, by the Regional Director for the Second Region, acting pursuant to authority granted in Section 10 (b) of the National Labor Rela- tions Act (49 Stat. 449) and its Rules and Regulations, Series 2 as amended, Article IV, Section 1, issued its complaint on.. the 28th day of May, 1940 against Life Savers Corporation, respond- ent herein. IT. Respondent Life Savers Corporation is and has been for a long period of time a corporation duly licensed under the laws of the laws of the State of New York to do business in New York State, having its principal office and place of business in the city of Port Chester, County of Westchester, State of New York, and is now and has been continuously engaged at said place of business, in the manufacture, sale and distribution of candy mints and hard flavored candies together with related products. III. Respondent Life Savers Corporation, in the course and conduct of its business,, at its Port Chester plant, uses, among other raw materials,.the following in the manufacture of its fin- ished products : Sugar, flavoring extracts, paper and tin foil ; and purchases approximately 50 per cent of these materials from States of the United States -other than the State of New York, and in the course and conduct of its business, causes and has continuously caused approximately 50 per cent of its raw mate- rials to be transported in interstate commerce from, into and through States of the United States other than the State of New York, to its Port Chester plant, in the State of New York, and there these raw materials are manufactured by the respondent into the products enumerated in paragraph II above. IV. Respondent Life Savers Corporation manufactures the products set forth in paragraph II above at its Port Chester LIFE SAVERS CORPORATION 877 plant and causes and has continuously caused approximately 80 per cent of its finished products to be sold and transported in interstate commerce from its Port Chester plant, to, into and through States of the United States other than the State of New York. V. Respondent Life ' Savers Corporation, is engaged in inter- state commerce %vdthin the meaning of the National Labor Re- lations Act, and the deci'sioiis of the United States Supreme Court relating thereto. VI. This stipulation, together with the charges Mid amended charges, complaint 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 Re- lations Board at Washington, D. C. VII. The taking of testimony or evidence before an Examiner in this matter, and the makiirg of findings of fact and conclusions of law, pursuant to the provisions of the National Labor Re- lations Act; the service of the complaint aiid arriended charges; the 'right to hearing, aiid notice thereof; under Section 10 (b) of the National Labor Relation Act, are hereby expressly waived by the respondent herein. VIII. Upon this stipulation; and upon the record herein, which includes the charge and amended charges, and the complaint, aii O'rdek may forthwith be eritered by said Board, without fur- ther notice or proceedings, providing as follows : The respondent, Life Savers Corporation, and its officers, agents, succes'sors, and assigns, shall : 1. Cease and desist frohi- (a) Discouraging membership in the labor .organization known at the Employees Independent Union, or - any .other labor organization of its employees, by discharging, laying off, or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire or tenure of employment or any term or condition of their employment because of their membership in, activity in behalf of, or sympathy toward any. such labor organization ; (b) Refusing to bargain collectively with Employees In- dependent Union as the exclusive representative of its pro- duction and maintenance employees at the Port Chester plant, excluding supervisory, executive and office employees, in respect to rates of pay, wages, hours of employment, and other conditions of employment. (c) In any, other manner interfering with, restraining or coercing its employees in the exercise of the right of self- :878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 pur- pose of collective bargaining, or other mutual aid or protec- tion, as guaranteed under Section 7 of the National Labor Relations Act. 2. Tale the following affirmative action to effectuate the purposes and policies of the Act: (a) Upon request, meet, deal, and negotiate in good faith with the representatives of the Employees Independent Union duly designated for that purpose, and bargain collec- tively with the Employees Independent Union in respect to rates of pay, wages, hours of employment, and other condi- tions of employment, and, if an understanding is reached on any such matter, embody said understanding, upon request, in a written, signed contract; (b) Offer to Margaret Ward immediate and full reinstate- ment to her former position of employment, without preju- dice to her seniority or other rights and privileges; (c) Offer to Patrick Corish, Helen Sullivan, M. DeChiara and W. Merritt immediate and full reinstatement to their former or to substantially equivalent positions of employ- ment at the Port Chester plant, without, prejudice to their seniority or other rights and privileges; Offer to V. An- astasio immediate. reemployment in Department LB sup- plying candy batches to other employees making said batches into tablets until his former or a substantially equivalent position is available and then offer him immediate, full and unconditional reinstatement to such position without prejudice to his seniority or other rights and privileges; (d) Offer to Frank Fallon and R. Chila immediate and full reinstatement to their former positions of employment, or ones substantially equivalent thereto as to hours, wages, duties and convenience of locality, as such positions become available, without prejudice to their seniority or other rights and privileges; (e) Make whole Margaret Ward for any loss of pay she may have suffered by reason of the respondent's discharge, by payment to her immediately of the sum of One thou- sand ($1,000) Dollars, which, sum is in full satisfaction and settlement of the amount she would have earned but for her discharge, from the date thereof. until the present date, less net earnings elsewhere during said period; LIFE SAVERS CORPORATION 879 (f) Post immediately in conspicuous places in and about its Port Chester plant and maintain for a period of at least sixty (60) consecutive days, notices reading as follows: LIFE SAVERS CORPORATION NOTICE TO EMPLOYEES In accordance with an agreement with the National Labor Relations Board, you are hereby notified that Life Savers Corporation intends to abide by all the provisions of the National Labor Relations Act: All employees of. this company have the right to organize and to form, join, or assist the Employees Independent Union of Life Savers Corporation, and to bargain collectively through representatives of their own choice. The Life Savers Corporation will not discriminate against any employee because of his. membership or ac- tivity on behalf of the Employees Independent Union of Life Savers Corporation. Dated ---------------- LIFE SAVERS CORPORATION,. By (g) File with the Regional Director of the Second' Region, within ten (10) days from the date of the entry. of this Order, a report in writing,' setting forth in detail the man- ner and form in which it has complied with the foregoing requirements. IX. It is stipulated and agreed that the United States Cir- cuit Court of Appeals for the Second Circuit may, upon appli- cation of the National Labor Relations Board, enter a Decree enforcing the aforesaid Order of the Board, the respondent hereby expressly waiving any right to contest the entry of said Decree and, further, said, application may be made at any time convenient to said Board, and, without further notice to the respondent for the application for entry of such Decree. X. It is further stipulated, understood and agreed that the execution of this Stipulation and said Consent Decree by the' parties hereto and compliance therewith shall conclude all mat- ters arising in this proceeding,, but shall not preclude the taking of any steps necessary to procure the entry of said Con- sent Decree in the United States Circuit Court of Appeals for. the Second Circuit; and, further, it is stipulated, understood 880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and agreed that upon . approval of this Stipulation by the Board charges of unfair labor practices relating to J. Sullivan, C. O'Donnell; A. DeMarco, S. Millman, A. Bellucco, T. Ferenz, E. McGee, H. Pankowski, and A. Lallo. shall be dismissed, without prejudice. XI. It is further understood and agreed that this stipulation embodies the entire agreement between the parties and that there is no verbal agreement of any kind which varies, alters or adds to this stipulation. XII. It is further understood and agreed that this stipula- lation is subject to the approval of the National Labor Rela- tions Board, and shall become effective and binding immediately upon such approval. On June 11, 1940, the Board issued its order approving the above stipulation, making it part of the record, and transferring the pro- ceeding to the Board for the purpose of entry of A. decision and order by the Board.. 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 New York Corporation, is engaged in the manu- facture, sale, and distribution of candy mints; hard flavored candies, and related products, with its principal place of business in the City of Port Chester, County of Westchester, New York. . The principal raw materials used by the respondent are sugar, flavoring extracts, paper, and tinfoil ; about 50 per cent of these materials are purchased outside the State of New York. About 80 per cent of the products manufactured by the respondent froin these raw materials are shipped outside the State of New York. We find that the above-described operations of the respondent constitute a continuous flow of trade, traffic, and commerce among the several States. The respondent stipulated and we find that it is engaged ' in interstate commerce within the meaning of the Act. ORDER . Upon the basis of the above findings of fact, stipulation, and 11the '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 Life Savers -Corporation, Port Chester, New York, and its officers, agents, successors and assigns; shall : LIFE SAVERS -CORPORATION 881 1. Cease and desist from (a) Discouraging membership in the labor organization known as the Employees Independent" Union, or any other labor organization of its employees, by discharging, laying off, or refusing to reinstate any of its employees or in any other manner discriminating in regard to their hire or tenure of em- ployment or any term or condition of their employment, because of their membership in,.activity in behalf of, or sympathy toward any such labor organization : (b) Refusing to bargain collectively with Employees Inde- pendent Union as the exclusive representative of its production and maintenance employees at the Port Chester plant, excluding supervisory, executive and office employees, in respect to rates. of pay, wages, hours of employment, and other conditions-of employment ; (c) In , apy other manner interfering with, restraining or coercing its employees in the exercise of the right of aself-or- ganization, 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 under Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the pur- poses and policies of the Act : (a) Upon request, meet, deal, and negotiate in good faith with the representatives of the Employees Independent Union duly designated for that purpose, and bargain collectively with the Employees. Independent Union in respect to rates of pay, wages, hours of. employment, and other conditions of employ- ment, and, if an understanding is reached on any such matter, embody said understanding upon request, in a written, signed contract; (b) Offer to Margaret Ward immediate and full reinstate- ment to her former position of employment, without prejudice to her .seniority or other rights and privileges; (c) Offer to Patrick Corish, Helen Sullivan,' M. DeChiara and W. Merritt immediate and full reinstatement to their former or to substantially equivalent positions of employment at., the Port Chester plant, without prejudice to their seniority or other rights and privileges; Offer to V. Anastasio immediate reem- ployment in Department LB, supplying candy batches to other employees making said batches into tablets, until his former or a substantially equivalent position is available and then offer him immediate, full and unconditional reinstatement to such 882 DECISIONS OF NATIONAL LABOR RELATIONS BOARD. position without prejudice to his seniority or other rights and privileges; .(d) Offer to Frank 'Fallon and R. Chila immediate and full reinstatement to their former positions of employment, or ones substantially equivalent thereto as to hours, wages, duties and convenience of locality, as such' positions become available, without prejudice to their seniority. or other rights and privileges ; (e) Make whole Margaret Ward for any loss of pay she may have suffered by reason of the respondent's discharge, by pay- ment to her immediately. of the sum of One thousand ($1,000) Dollars, which sum is in full satisfaction and settlement of the amount she would have earned but for her discharge, from the date thereof until the present date, less net earnings elsewhere during said period ; (f) Post immediately in conspicuous places in and about its Port Chester plant and maintain for a period of at least sixty (60) consecutive days, notices reading as follows : LIFE SAVERS CORPORATION NOTICE TO EMPLOYEES In accordance with an agreement with the National Labor Relations . Board, you are hereby notified that Life Savers Corporation intends to abide by all the provisions of the National Labor Relations Act. All employees of this company have the right to organize and to form, join, or assist the Employees Independent Union of Life Savers Corporation, and to. bargain collec- tively through representatives of their. own choice. The Life Savers Corporation will not discriminate against any.. employee because of his membership or activity on be- half of the Employees Independent Union of. Life Savers Corporation. Dated ---------------- . LIFE SAVERS CORPORATION, By (g) File with the Regional Director of the Second Region, within ten (10) days from the date of the entry of this Order, a report in writing, setting forth in detail the manner and form in which it has complied with the foregoing requirements.