West Coast Growers and Packers

III the Matter of D. R. HOAK AND A. R. HOAK, CO-PARTNERS, DOING BUSINESS UNDER THE NAME AND STYLE OF WEST COAST GROWERS AND PACKERS and PACKING HOUSE EMPLOYES UNION, LOCAL 19653, A. F. OF L. Case No. C-1774.-Decided January 20, 1941 Jurisdiction : dried fruit preserving, processing, and distributing industry. Settlement : stipulation providing for complianve with the Act. Remedial Orders : entered on stipulation. Mr. Earle K. Shave, for the Board. Mr. Chester R. Andrews, of Fresno, Calif., for the respondent. Mr. John J. Sweeney, of Fresno, Calif., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEUENT OF THE CASE i Upon charges and amended charges duly filed by Packing House Employes Union, Local 19653, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, California), issued its complaint dated December 27, 1940, against D. R. Hoak and A. R. Hoak, co-partners, doing business under the name and- style of West Coast Growers and Packers, Fresno, California, herein called the respondent, 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 notices of hearing thereon were duly served upon the respondent and the Union. On December 27, 1940, the Regional Director issued a notice of postponement of hearing. Concerning the unfair labor practices, the complaint alleged, in substance, (1) that the respondent urged, persuaded, and warned its employees to refrain from becoming or remaining members of the Union and threatened said employees with loss of employment if they became or remained members of the Union; (2) that the re- 29 N. L. R. B., No. 25 136 D. R. HOAK 137 spondent demoted Carl Dobson and E. Dawson, employees, because of their membership in and sympathy toward the Union; (3) that the, respondent discriminated against three named employees with respect to the amount of work given them, because of their membership in, sympathy toward, and activity on behalf of the Union; and (4) that by these acts the respondent interfered with, restrained, and coerced its employees' in the exercise of the rights guaranteed in Section 7 of the Act. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated December 28, 1940. The stipulation provides as follows : IT IS HEREBY STIPULATED AND' AGREED by and between D. R. Hoak and A. R. Hoak, co-partners, doing business under the name and style of West Coast Growers and Packers, (herein- after called the Respondent), by D. R. Hoak, 'co-partner, and Chester R. Andrews, their attorney; Packing House Employes Union, Local 19653, A. F. of L., (hereinafter called Local 19653) by John J. Sweeney, Business Agent, and Earle K. Shawe, At- torney, National Labor Relations Board, as Follows : I Respondent is a partnership, composed of D. R. Hoak and A. R. Hoak as co-partners, doing business under the name and style of West Coast Growers and Packers, having its principal place of business in the Township of Sultana, County of Tulare, State of California, hereinafter called the Sultana Plant,, and is engaged in the preserving and processing of dried fruits, and in the warehousing, sale and distribution thereof.' Respondent's products for the year 1939 amounted to approxi- mately $516,762.00 in value of which amount approximately $410,000.00 in value was sold and shipped by respondent from the Sultana Plant in the State of California to, into or through points in the United States outside the State of California, and' to foreign countries. For the sole purpose of this proceeding, and for no other pur- pose, Respondent stipulates to the above facts and admits that it is engaged in commerce within the meaning of section 2 (6) and (7) of the National Labor Relations Act (hereinafter called the Act), 49 Stat. 449. II Packing House' Employes Union, Local 19653, A. F. of L., affiliated with the American Federation of Labor, is a Labor organization within the meaning of Section 2 (5) of the Act. 138 DECISIONS OF N MONAL LABOR RELATIONS BOARD III All of the parties hereto, and each of them, hereby waive their right to file an answer to the Complaint of the National Labor Relations Board filed herein, and their right to a hearing, and to. appear in person or otherwise and to give testimony and examine or cross-examine witnesses (as provided in Section 10 (b) of the Act and in National Labor Relations Board Rules and Regulations-Series 2, as amended) ; and all of the parties hereto, and each of them, hereby waive the making of findings of fact and conclusions of law by the National Labor Relations Board and any other or further procedure or proceedings by or before the National Labor Relations Board that may be provided in the National Labor Relations Act or the National Labor Relations Board Rules and Regulations-Series 2, as amended; and all of the parties hereto, and each of them, agree that the formal papers in this proceeding, including the charges, Com- plaint and Notice of Hearing, Affidavit of Service of Complaint and Notice of Hearing, copy of National, Labor Relations Board Rules and Regulations-Series 2, as amended, and this Stipu- lation, and nothing more, shall constitute the entire record in this case, and shall dispense with the necessity for the hearing referred to in said Complaint and Notice of Hearing, and as provided in Section 10 (b) of the National Labor Relations Act. This waiver and agreement is expressly conditioned upon the approval of this Stipulation by the National Labor Relations Board. It is agreed that the record in this case shall be filed with the National Labor Relations Board in Washington, D. C., by filing the same with the Chief Trial Examiner of said Board. IV Upon the record herein and. upon this stipulation; if and when approved by the National Labor Relations Board, an Order may forthwith be entered by said Board as follows : (1) Respondent 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 organization, to bargain collectively through representa- tives 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 Packing House Employes Union; Local 19653, A. F. of L., or any other labor organization D. R. HOAK • -139, of its employees, by discriminating against said employees with. respect to their hire and tenure of employment, or any term or condition thereof. (2) Respondent shall take the following affirmative action to effectuate the policies .of the National Labor Relations Act : (a) Respondent shall immediately offer to Carl Dobson and E. Dawson full and unconditional reinstatement to their former positions without prejudice to their seniority or other rights or privileges ; (b) Respondent shall snake whole the employees whose names are hereinbelow set out" for any loss of gages they may have suffered by reason of the Respondent's' discrimination during the 1940 season by payment to each of them the amount set forth opposite their names below : William L. Owen------------------------------------ $75.00 Carl Dobson----------------------------------------- 100 00 E Dawson------------------------------------------ 100.00 W A. Brady---------------------------------------- 100.00 A. Gimin-------------------------------------------- 100.00 (c) Post immediately in conspicuous. places at its plant and warehouse in Sultana, California, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating : (1) that the Respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; (2) that the Respondent's employees are free to become or remain members of Packing House Employes Union, Local 19653, A. F. of L., and the Respondent will not discriminate against any employee because of membership or activity in that organization. (d) Notify the Regional Director for the Twentieth Region in writing, within twenty (20) 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 and the Order and Decree provided for herein shall be a complete and 140 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD final disposition of all the issues raised by the charges and com- plaint in this proceeding and that no other or further procedure, order or decree , other than those provided for herein , shall be instituted or made with respect to the subject matters contained in the charges and Complaint herein against any of the parties to this Stipulation. VII It is expressly understood and agreed that this Stipulation is subject to the approval of the National Labor Relations Board. VIII The terms of this Stipulation contain and set forth the entire agreement between the parties hereto and there is no agreement of any kind which varies, alters or adds to this Stipulation. On January 10, 1941 , the Board issued an order approving the above Stipulation , making it a part of the record, and , pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of 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 THE BUSINESS OF THE RESPONDENT The respondent is a partnership composed of D. R. Hoak and A. R. Hoak, doing business under the name and style of West Coast Growers and Packers, having its principal place of business in Sultana, California, where it is engaged in the preserving, processing; warehousing, sale, and distribution of dried fruits . During 1939 the respondent sold products valued at approximately $516,000, about $400,000 of which represent goods sold by it to points outside the State of California. The respondent admits, for the purpose 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 continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact and Stipulation and the entire record in the case, and pursuant to Section 10 (c) of the I D. R. HOAK 141 National Labor Relations Act, the National Labor Relations Board hereby orders that- D. R. Hoak and A. R. Hoak,, co-partners, doing business under the name and style of West Coast Growers and Packers, Fresno, California, 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 Packing House, Employes Union, Local 19653, A. F. of L., or any other labor organization of its employees, by discriminating against said employees with respect to their hire or tenure of employment, or any term or condition thereof. 2. Take the following affirmative action to effectuate .the policies of the National Labor Relations Act : (a) Immediately offer to Carl'Dobson and E. Dawson full and unconditional reinstatement to their former positions without preju-' dice to their -seniority or other rights or privileges; (b) Make whole the employees whose names are hereinbelow set out for any loss of wages they may have suffered by reason of the respondent's discrimination during the 1940 season by payment to .each of them the amount set forth opposite their names below : William L Owen----------------------------------------- $7500 Carl Dobson --------------------------------------------- 10000 E. Dawson----------------------------------------------- 10000 W. A. Brady--------------------------------------------- 100.00 A. Gimm------------------------------------------------- 100 00 (c) Post immediately in conspicuous places at its plant and ware- house in Sultana, California, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this Order; and (2) that the respondent's em- ployees are free to become or remain members of Packing House Employes Union, Local 19653, A. F. of L., and the respondent will not discriminate against any employee because of membership or activity in that organization; (d) Notify the Regional Director for the Twentieth Region in writing, within twenty (20) days from the date of this Order, of the steps taken by the respondent to comply herewith.