Tuscan Daily Farms, Inc.

In the Matter of TUSCAN DAIRY FARMS , INC., AND JOHN F. DUMONT and MILK DRIVERS & DAIRY EMPLOYEES LOCAL UNION 680, INTER- NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFERS, STABLEMEN AND HELPERS, A. F. OF L. Case No. C-1775.-Decided January 31, 1941 Jurisdiction : dairy industry. Settlement : stipulation providing for compliance with, the Act. Remedial Orders : entered on stipulation. Mr. Millard L. Midonick, for the Board. Mr. Julius Stein, of Newark, N. J., for the respondent Tuscan. Mr. John F. Dumont, of Little Falls, N. J., for the respondent Dumont. Mr. Thomas L. Parsonnet, of Newark, N. J., for the Union. Mr. William T. Little, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended' charges duly filed by Milk Drivers & Dairy Employees, Local Union, 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., 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 supplemental complaint dated August 13, and September 24, 1940, respectively, against Tuscan Dairy Farms, Inc., Union, New Jersey, herein called the respondent Tuscan, and John F. Dumont, herein called the respondent Dumont, and jointly referred to as the respondents. The complaint alleged that the respondent Tuscan had engaged in and was engaging in Unfair labor practices within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) and that the respondent Dumont had engaged in and was engaging in unfaii• labor practices within the mean- ing of Section 8 (1) and (2) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. 29 N. L. R. B., No. 60 309 ,310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The supplemental complaint alleged that the respondent Tuscan had engaged in unfair labor practices within the meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the Act. With respect to the unfair labor practices, the complaint alleged in substance : (1) that the respondent Tuscan on September 28 and October 13, 1939, demoted and decreased the salary of Horace Jones and otherwise rendered his working conditions more onerous, and discharged Allen Brown, Horace Jones, and Murray Litvinoff on September 14, October 20, and November 15, 1939, respectively, be- cause they had joined and assisted the Union; (2) that the respond- ent Dumont was an employer under Section 2 (2) of the Act in that he acted directly and indirectly in the interest of the respondent Tuscan; (3) that the respondents had dominated, supported, and interfered with the administration of Dairy Drivers Protective Asso- ciation, a labor organization, herein called the Association.; and (4) that by the foregoing acts and by (a) urging, persuading, and warn- ing employees to refrain from aiding the Union or maintaining union membership ; (b) threatening discharge and other reprisals to those who joined the Union and those who did not join the Association; (c) promoting clandestine competition among employees to bulwark the threat of discharge by furnishing an ostensible reason therefor; (d) repeatedly requesting an active union member to resign his position with the respondent Tuscan; (e) vilifying union representa- tives and adherents to employees; (f) offering employees bribes and inducements to support the Association or to cease supporting the Union; (g) engaging in espionage and surveillance of employees' union I.ctivities; (h) falsely charging employees with kidnapping and coercion in the performance of union activities to interfere therewith; (i) repudiating agreements made with the Union; (j) negotiating collective bargaining agreements with the Association purporting to ' confer upon it exclusive bargaining representative status; (k) seeking to "lease" milk routes to its employees to evade the respondent Tuscan's obligations under' the Act and under its agreement with the Union; and by other acts, the respondents inter- fered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act. Concerning the unfair labor practices, the supplemental complaint alleged, in sub- stance, that the respondent Tuscan: (1) on and after July 21, 1939, refused to bargain collectively with the Union, the duly designated representative of a majority of its employees in an appropriate unit, (2) and, thereby interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. Copies of the complaint, supplemental complaint, and notice of hearing thereon were duly served on the respondents , the Union, and TUSCAN DAIRY FARMS, INC. 311 the Association. On September 4 and October 22, 1940, the, respond- ent Tuscan filed its answers to the complaint and supplemental com- plaint, admitting certain allegations concerning interstate commerce, but denying all other material allegations of the complaints. On September 4, 1940, the respondent Dumont filed his answer putting' in issue all material allegations of the complaint. On November 26, 1940, thirty-five employees of the respondent Tuscan filed a petition with the Regional Director, alleging that the relief sought by the Union. would deprive them of their rights under the Act, and re- questing permission to intervene in the proceedings on the supple- mental complaint. On October 1 and November 25, 1940, and January 7, 1941, stipula- tions were entered into in settlement of the complaint. The respond- ent Tuscan, the Union, and counsel for the Board joined in the stipu- lations of October 1 and John F. Dumont joined in the stipulation of November 25, 1940, "as attorney for the Dairy Drivers Protective Association until the dissolution thereof," and in the stipulation of January 7, 1941, pro se. The stipulation of October 1, 1940, as amended by the stipulation of January 7, 1941, provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between the Tuscan Dairy Farms, Inc.; Milk Drivers & 'Dairy Employees Local Union 680, International Brotherhood, of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L.; and Millard L. Midonick, attorney for the National Labor Relations Board, Second Region : I. Upon charges duly filed by Milk Drivers & Dairy Employees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A: F. of L., hereinafter called the Union, the - National Labor Relations Board, herein- after called the Board, by Elmore M. Herrick, Regional Director for the Second Region, New York City, acting pursuant to au- thority granted in Section 10, subsection (b), of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act, and its Rules and Regulations-Series 2, as amended, Article IV, Section 1, issued its complaint on the 13th" day of August, 1940, against Tuscan Dairy Farms, Inc., and against John F. Dumont, hereinafter called the respondents. II. A copy of the fifth amended charge, complaint, notice of hearing thereon, and National Labor Relations Board Rules and Regulations-Series 2, as amended, were duly served upon the respondents, upon the Union, and upon Dairy Drivers Protective Association. 312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. Tuscan Dairy Farms, Inc.,-hereinafter called the respond- ent Tuscan, is and has been since 1927 a corporation duly or- ganized under and existing by virtue of the laws of the State of New Jersey, having its principal office and place of business at 750 Union Avenue, in the township of LTriion, county of Union and State of New Jersey, hereinafter called the New Jersey plant, and is now and has been continuously engaged at said New Jer- sey plant in the production and retail and wholesale sale and' distribution of milk, cream, buttermilk, chocolate drink and related products. IV. In the conduct of its business the respondent Tuscan nor- mally purchases annually dairy products (milk and cream) amounting to approximately 15,000,000 quarts by volume. Of the total purchases of • dairy products made by the respondent Tuscan approximately 48.6 per cent are normally annually shipped to the New Jersey plant from places outside of the State of New Jersey. ' V. In the conduct of its business the respondent Tuscan nor- mally purchases annually supplies (bottle caps and hoods, card., board containers, grains, hay and feed, bottles, chocolate) amounting approximately, to $260,000 in value. Of the total purchases of supplies, made by the respondent Tuscan approxi- mately 38 per cent are normally shipped annually to the New Jersey plant from places outside of the State of New Jersey. VI. In the conduct of 'its business the respondent normally sells annually dairy products (milk, cream, buttermilk, chocolate drink) amounting approximately to 14,000,000 quarts by volume. Of the total sales of dairy products made by the respondent Tuscan approximately 42.6 per cent are normally sold annually to firms located in the State of New York. The firms located in the State of New York which customarily purchase dairy products from the respondent Tuscan made such purchases F. O. B. the New Jersey plant ; the said dairy products sold F. O. B. the New Jersey plant are shipped by the purchasers directly from the said New Jersey plant to places in the State of New York wherein are located the said New York purchasers. VII. John F., Dumont is a.natural person, having his place of business at 85 Main Street, Little Falls, New Jersey. VIII. Milk Drivers & Dairy Employees Local Union 680, In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., is and has been a labor organization within the meaning of Section 2, subsection (5), of the Act. IX. Dairy Drivers Protective Association has been a labor organization within the meaning of Section 2, subsection (5), TUSCAN DAIRY FARMS, INC. 313 of the Act. Dairy Drivers Protective Association was until Sep- tember 10, 1940, a corporation duly organized under and existing by virtue of the laws of the State of New Jersey. On Septem- ber 10, 1940, Dairy Drivers Protective Association was dissolved and disbanded by vote of its members. X. In November 1939, the respondent Tuscan entered into a collective labor agreement with Dairy Drivers Protective Asso- ciation, hereinafter called the Association, which agreement pur- ports to be in effect for two years from the date thereof. . XI. Upon representations to that effect made by the respond- ent Tuscan, it is agreed by all parties that respondent Tuscan has leased only three of its approximately 30 milk delivery routes to three employees. It is hereby stipulated that the said three lessees are employees of the respondent Tuscan within the mean- ing of the National Labor Relations Act with all the rights, privileges and immunities of employees thereunder for the pur- poses of the National Labor Relations Act. The respondent Tuscan represents that it has no present intention of leasing ad- ditional milk delivery routes although it does not represent that it will not do so in the future. XIII.1 All present obligations on the part of the respondent Tuscan respecting back pay owing to Horace Jones, Allen Brown and Murray- Litvinoff under the National Labor Relations Act, are settled and discharged upon the approval by the Board of this stipulation. XIV. The respondent Tuscan, the Union, hereby .waive in the above entitled matter the right to a hearing, to the taking of testimony or other evidence before a Trial Examiner, and to the making of findings of fact and conclusions of-law by the Board pursuant to the provisions of the Act. XV. This stipulation', together with the fifth' amended charge and the complaint herein, the affidavit of service of the fifth amended charge and complaint dated August 13,,1940, with cor- responding return receipts, answers of the respondents to said complaint and National Labor Relations Board Rules and Regu- lations-Series 2, as amended, may be introduced into the record in- the above-entitled matter by filing the said documents with the Chief Trial Examiner of the Board at Washington, D. C. XVI. This stipulation is subject to the approval of the Board, shall become effective immediately upon the granting of such 1 All of paragraph XII of the stipulation except the number XII was deleted by the psi ties. ' 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD approval by the Board, but shall not be effective until it has received such approval.- ' XVII. Upon the entire record in the above-entitled matter, the Board may forthwith or at any future time enter the Order set forth below in paragraph XVIII, and, upon application by the Board without further notice to the respondents, the United States Circuit Court of Appeals for the Third Circuit, or any other appropriate court as provided in Section 10, subdivision (e), of the Act, may enter a decree embodying and enforcing the said Order of the Board in substantially the same form set forth below in paragraph XVIII, and the respondents hereby ex- pressly consent thereto and expressly waive their rights to contest the entry of such decree. XVIII. The order referred to above in paragraph XVII shall provide as follows : The respondent, Tuscan Dairy Farms, Inc., its officers, agents, successors, and assigns shall: 1. Refrain from : (a) Dominating or interfering with the administration of Dairy Drivers Protective Association, or with the formation or administration of any other labor organization of its employees, and from contributing support to , Dairy Drivers Protective Association, or to any other labor organization of its employees; (b) Recognizing Dairy Drivers Protective Association as the representative of any of its employees for the purpose of dealing with it concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment ; (c) Giving effect to its agreement of November 1939 with Dairy Drivers Protective Association 'or to any modification or extension thereof, or to any other agreement which it may have entered into with Dairy Drivers Protective Association in respect to rates of pay, wages, hours of employment, or other conditions of work ; (d) Discouraging membership in Milk Drivers & Dairy Em- ployees Local Union 680, International Brotherhood of Team- sters, Chauffeurs', Stablemen and Helpers, A. F. of L., or any other labor organization of its employees, by discharging, de- moting, transferring, or refusing to promote or - reinstate its employees, or any of them, of in any other manner discriminating in regard to hire or' tenure of employment, or any term or con- dition of employment of its employees; (e) Encouraging membership in Dairy Drivers Protective Association, or, in any other labor organization of its employees, by discharging, demoting, transferring or refusing to promote TUSCAN DAIRY FARMS, INC. I 315 or reinstate its employees , or any of them , or in any other manner discriminating in regard to hire or tenure of employ- ment, or any term or condition of employment of its employees; ,(f) In any other manner interfering with, restraining or co- ercing its employees in the exercise of the right to self-organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bar- gaining or other mutual aid or protection , as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action : (a) Withdraw all recognition from and refuse to recognize Dairy Drivers Protective Association as the representative of any of its employees for the purpose of dealing with the re- spondent Tuscan concerning grievances , labor disputes , wages, rates of pay, hours of employment or other conditions of em- ployment, and completely disestablish Dairy Drivers Protective Association as such representative; (b) Post immediately in conspicuous places throughout its New Jersey plant and maintain for at least sixty ( 60) consecu- tive days from the date. of posting, notices to its employees stating : NOTICE TO OUR EMPLOYEES Tuscan Dairy Farms, Inc., has voluntarily agreed to a settle- ment of the complaint issued against it by the National Labor Relations Board. In accordance with the terms of the settle- ment the Company has consented to the entry of an order of the National Labor Relations Board and of a, decree by a United States Circuit Court of.Appe`als. In the interests of harmonious relationships with our employees and pursuant to the settlement the Company announces that: A. The Company has disestablished and withdrawn recogni- tion from Dairy Drivers Protective Association as a representa- tive of its employees or any of its employees, for the purpose of collective bargaining or the adjustment of grievances , and will not hereafter recognize Dairy Drivers Protective Association or its successors or assigns for any purpose. B. The last contract between the Company and Dairy Drivers Protective Association has been cancelled. C. The Company will not form, dominate , interfere with the administration of, or contribute support to any labor organ- ization. 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD D. The Company will not discourage membership in Milk Drivers & Dairy Employees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., or any other labor organization, by discriminating against employees by discharging, demoting, transferring or refusing to promote or reinstate its employees. E. The Company will not interfere with, restrain or coerce any of its employees in the exercise of their rights guaranteed by the National Labor Relations Act, 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. F. Employees 'are free to join or assist any labor organization of their own choice including Milk Drivers and Dairy Employees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., without fear of discrimination on the part of the Company, or any of its execu- tives or supervisors; provided, however, that it is understood that this settlement and notice do not effect the pending litigation in the courts of New Jersey concerning the question of the validity and the interpretation of an alleged closed-shop contract entered into by_the Company in favor of Local 680. TUSCAN DAIRY FARMS, INC., By CHARLES BORTNSKY, President. (c) Notify the Regional. Director for the Second Region in writing within ten (10) days from the date of this Order what steps the respondent Tuscan has taken to comply therewith. IT IS FURTHER ORDERED that the complaint, insofar as it per- tains to the respondent John F. Dumont, be, and the same hereby is, dismissed. AND IT IS FURTHER ORDERED that the complaint, in so far as it alleges that the refusal by the respondent Tuscan to reinstate Horace Jones to his former position on or about September 22, 1939, ' was discriminatory, thereby discouraging membership in one labor organization and encouraging membership in another labor organization, be; and the same hereby is, dismissed. XIX. It is expressly understood that the terms of this stipu- lation embody the ,entire agreement between the parties hereto, and it is further understood that there is no verbal or other agree- ment of any kind which in substance or effect in any way 'varies,, alters, or adds to the stipulation. TUSCAN DAIRY FARMS, INC. 317 XX. The parties hereby agree that neither this stipulation, nor the order of the board , nor the enforcement decree of the United States Circuit Court of Appeals , to be entered on this stipulation,, shall be deemed an admission by the - respondent Tuscan or the respondent Dumont that either of them have violated the National Labor Relations Act or any other law. In addition to amending the stipulation of October 1, 1940 the stipulation of January 7, 1941 provides as follows : STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between Tuscan Dairy Farms, Inc.; Milk Drivers ' & Dairy Employees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L.; John F. Dumont; and Millard L. Midonick, attorney for the National Labor Relations Board, Second Region. I. John F. Dumont, an individual having his office and place of business at 85 Main Street, Little Falls, New Jersey, is an attorney at law. ' V.2 Paragraph XVII of the aforesaid stipulation dated Octo- ber 1, 1940, is hereby republished and shall apply in accordance with its terms to the Order set forth in paragraph-XVIII of the aforesaid stipulation dated October 1, 1940, as the-said Order is altered by the instant stipulation. VI. This stipulation is subject to the approval of the Board, shall become effective immediately upon granting of such approval by the Board, but shall not be effective until" it has received such approval. VII. Neither the stipulation in the above-entitled matter dated October 1, 1940, nor the stipulation in the above-entitled matter dated November 25, 1940, nor the instant stipulation shall be construed as prejudicing the prosecution by, the. Board 6f7, the issues under Section 8, subdivisions (1) and (5), and, Section 2, subdivisions (6) and (7), of the National Labor Relations Act. Allegations concerning the said issues are ' embodied in the sup- plemental complaint in the above-entitled matter issued on the 24th day of September, 1940, against Tuscan Dairy Farms, Inc., a respondent herein. ' • ,VIII.-This stipulation together with the stipulation dated October 1, 1940, and all documents specified therein, and_ the 2 Paragraphs II, III, and IV serve only to amend the stipulation of October 4,4940; and- are included in the amended stipulation set forth above ' 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stipulation dated November 25,11940, may be introduced into the record in the above-entitled matter by filing them with the Chief Trial Examiner of the Board in Washington, D, C. IX. It is expressly understood that the terms.of this stipula- tion, together with those of the stipulations dated October 1, 1940, and November 25, 1940, in the above-entitled matter, embody the entire agreement between the respective parties thereto, and it is further understood that there is no verbal or other agree- ment of any kind which in substance or effect in any way varies, alters, or adds to the aforesaid stipulations. The stipulation of November 25, 1940 provides as follows : IT IS HEREBY STIPULATED AND AGREED by and between Tuscan Dairy Farms, Inc. ; Milk Drivers & Dairy Employees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, A. F. of L.; 3 John F. Dumont; and Millard L. 'Midonick, attorney for 'the National Labor Relations Board, Second Region : 1. John F. Dumont, an individual having his office and place of business at 85 Main Street, Little Falls, New Jersey, is an attorney at law and in such capacity has represented a labor organization known' as Dairy Drivers Protective Association throughout its existence. II. On September 30, 1940, said John F. Dumont wrote a letter to the attorney for the National Labor Relations Board, the relevant portions of which are set forth as follows : JOHN F. DUMONT Attorney at Law, 85 Main Street, Little Falls, N. J. Little Falls 4-0440 SEPTEMBER 30TH, 1940. MILLARD L.- MIDGNICK, Esq., - National Labor Relations Board, 120 Wall Street, New York, N. Y. Re: Case #11-C-2530 MY DEAR MR. MIDONICK : I enclose, herewith, the original of the first stipu] ation in the above entitled cause which apparently has been duly executed by an,officer of Tuscan Dairy Farms. 8 The name of the Union thus appears in the stipulation. TUSCAN DAIRY FARMS, INC. 319 As you know the Dairy Drivers Protective Association was dissolved some three weeks ago, and immediately upon dissolution notified the Company that it no longer was in a position to contract with the Company. As a result of which it wished to abrogate any contracts which it might have and, which were then presently in existence. As I previously informed you I have encountered much diffi- culty in my effort to get an officer of the Dairy Drivers Protective Association to sign the stipulation herein enclosed. The attitude of the officers is that since the organization is no longer in existence it is beyond their power to sign a stipu- lation, even as one of the former officers. Very truly yours, /s/ JOHN F. DUMONT. JFD : IF III. This stipulation may be introduced into the reca'rd in the above-entitled matter by filing it with the Chief Trial Exam- iner in Washington, D. C. On January 11, 1941, the Board issued its order approving the stipulations of October 1 and November 25, 1940, and January 7, 1941, making them a part of the record in the case, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, transferred the proceeding to and con- tinued it before the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulations. Upon the basis of the above stipulations and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT TUSCAN The respondent, Tuscan Dairy Farms, Inc., is a New Jersey corpo- ration with its principal office and place of business at Union, New Jersey. It is engaged in the processing and retail and-wholesale sale and distribution of milk, cream, buttermilk, chocolate drink, and related products. Of its normal annual purchases of 15,000,000 quarts of milk and '$260,000 of supplies, approximately 48.6 per- cent of the milk and 38 per cent of the supplies are obtained outside New Jersey. Of' its normal annual sale of 14,000,000 quarts of dairy products, approximately 42.6 per cent are shipped to States other than New- Jersey. 320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the above-described operations of the respondent Tuscan constitute a continuous, flow of trade, traffic, and commerce among the several States. - H. THE RESPONDENT DUMONT John F. Dumont is an attorney at law, having his office and place of, business at Little Falls, New Jersey. The complaint alleges that the respondent Dumont acted in the interest of the respondent Tuscan and engaged in certain unfair labor practices. The record; as stipulated to by all the parties, contains no evidence that the respondent Dumont acted in the interest of the respondent Tuscan or engaged in any unfair labor practices. It is stipulated by all parties that the complaint shall be dismissed as to the respondent Dumont. We shall accordingly dismiss the complaint as to him. ORDER • Upon the basis of the above findings of fact, stipulations, 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 Tuscan Dairy Farms, Inc., Union, New Jersey, its officers, agents, successors, and assigns, shall: 1. Refrain from : (a) Dominating or interfering with the administration of Dairy Drivers Protective Association, or with the formation or administra- tion of any other labor organization of its employees, and from con- tributing support to Dairy Drivers Protective Association, or to any other labor organization of its employees; (b) Recognizing Dairy Drivers Protective Association as the repre= sentative of any of its employees for the purpose of dealing with it concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment; (c) Giving effect to its agreement of November 1939 with Dairy Drivers Protective Association or to any modification or extension thereof, or to any other agreement which it may have entered into with Dairy Drivers Protective Association in respect to rates of pay, wages, hours of employment, or other conditions of work; ' - (d) Discouraging membership in Milk Drivers & Dairy Employees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., or any other labor organization of its employees, by discharging, demoting, transferring, or refusing to promote or reinstate its employees, or any of them, or in any other manner discriminating in regard to hire or -tenure of employment, or any term or condition of employment of its employees; (e) Encouraging membership in Dairy Drivers Protective Associa- tion, or in any other labor organization of its employees, by discharg- TUSCAN DAIRY FARMS, INC. 321 t ing, demoting, transferring or refusing to promote or reinstate its employees, or any of them, or in any other manner discriminating in regard to hire or tenure of employment, or any term or condition of employment of its employees; (f), In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organization, to form,' join, or. assist labor organizations, to bargain collectively through repre- sentatives of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or pro- tection, as guaranteed in Section 7 of the National Labor Relations Act. _ 2. Take the following affirmative action : (a) Withdraw all recognition from and refuse to recognize Dairy Drivers Protective Association as the representative of any of its employees for the purpose of dealing with the respondent Tuscan con- cerning grievances, labor disputes, wages, rates of pay, hours of em- ployment or other conditions of employment, and completely disestablish Dairy Drivers Protective Association as such representa- tive; (b) Post immediately in conspicuous places throughout its New Jersey 'plant and maintain for at least sixty (60) consecutive days from the date of posting, notices to its employees stating : NOTICE TO OUR EDIPLOY-ES i Tuscan Dairy Farms, Inc., has voluntarily agreed to a settlement of the complaint issued against it by the National Labor Relations Board. ,In accordance with the terms of the settlement the Company has consented to the entry of an order of the National Labor Rela- tions Board and of a decree by a United States Circuit Court of Appeals. In the interests of harmonious relationships with our em- ployees and pursuant to the settlement, the Company announces that A. The Company has disestablished and withdrawn recogni- tion from Dairy Drivers Protective Association as a representa- tive of its employees or any of its employees, for the purpose of collective bargaining or the adjustment of grievances, and will not hereafter recognize Dairy Drivers Protective Association or its successors or assigns for any purpose. B. The last contract between the Company and Dairy Drivers Protective Association has been cancelled. C. The Company will not form, dominate, interfere with the administration of, or contribute support to any labor' organization. D. The Company will not discourage membership in Milk Driv- ers & Dairy Employees Local Union 680, International Brother- 322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., or' any other labor organization, by discriminating against employees by discharging, demoting, trannsferring or refusing to promote or reinstate its employees. E. The Company will not interfere with, restrain or coerce any of its employees in the exercise of their rights guaranteed by the National Labor Relations Act, to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage' in con- certed activities, for the purpose of collective bargaining or other mutual aid or protection. F. Employees are free to join or assist any labor organization of their own choice including Milk Drivers and Dairy Employ- ees Local Union 680, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., without fear of discrimination on the part of the Company, or any of its execu- tives or supervisors; provided, however, that it is understood that this settlement and notice do not effect the pending litigation in the courts of New Jersey concerning the question of the validity and' the interpretation of an- alleged closed-shop contract entered into by the Company in favor of Local 680. TUSCAN DAIRY FARMS,-INC., By CHARLES BORINSIiYi President. (c) Notify the Regional Director for the Second Region in writing within ten (10) days from the date of this Order what steps the respondent Tuscan has taken to comply therewith. IT IS FURTHER ORDERED that the complaint, insofar as it pertah s to the'respondent John F. Dumont, be, and the same hereby is, dismissed. AND IT IS FURTHER ORDERED that the complaint, in so far as. it alleges that the refusal by the respondent Tuscan to reinstate Horace Jones to his former position on or about September 22, 1939, was discrim- inatory, thereby discouraging membership in one labor organization and encouraging membership in another labor organization, be, and the same hereby is, dismissed.