Dobry Flour Mills, Inc.

In the Matter of DOBRY FLOUR MILLS, INC. and FLOUR AND CEREAL WORKERS UNION LOCAL, 20609 Case No. C-1785.-Decided January 31, 1941 Jurisdiction : flour, feed products, and by-products manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. V. Lee McMahon, for the Board. Borders, Wimmell, McCreight dl Brous, by Mr. Robert B. McCreight, of Kansas City, Mo., and Mr. Paul Pugh, of Oklahoma. City, Okla., for the respondent. Mr. H. A. Schneider, of Oklahoma City, Okla., for the Union. Mr. Robert F. Koretz, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Flour and Cereah Workers Union Local 20609,1 herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Sixteenth Region (Fort Worth,, Texas), issued its complaint, dated November 27, 1940, against Dobry Flour Mills, Inc.,2 Yukon, Oklahoma, herein called the respondent, alleging that the re- spondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1), (2), (3),_ and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint, accompanied by notice of hearing, was duly served upon the respond- ent, the Union, and an unnamed labor organization, referred to as- and herein called the Committee, alleged in the - complaint to be dominated by the respondent. On December 10 the respondent, filed, 1 Erroneously designated in the record as Flour and Cereal workers Union Local 2009. At the hear mg the parties agreed, and the Trial Examiner ordered, that the pleadings be- imended to set forth the Union's name correctly 'This is the correct designation of the respondent It is at times refereed to in the, record as Dobry Flour Mills, Incorporated 29 N. L. R. B., No. 61. 323 412 02-42-i of 29--22 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD its answer to the complaint and a motion to make the complaint more definite, certain , and specific in certain respects. Pursuant to notice the hearing opened in Yukon, Oklahoma, on December 12 before Horace A. Ruckel, the Trial Examiner duly designated by the Board . The Trial Examiner denied the respond- ent's motion to make the complaint more definite , certain, and specific, and granted the respondent 's motion to continue the hearing until January 3 , 1941. During the continuance, the Trial Examiner granted a motion by counsel for the Board to file an amended corn- plaint against the respondent, dated December 17, issued by the Board through the Regional Director upon the charges filed. Copies of the motion to file the amended complaint and of the amended complaint were duly served upon the respondent , the Union , and the Committee. The amended complaint alleged in substance that the respondent (1) discharged Jake Odle on or about June 17, 1940, Jesse (Eddie) Wiser on or about August 16, 1940, and C. A. Williams on or about August 22, 1940, and since on or about - October 10, 1940, has discrimi- nated against Wiser and Williams, employed at its Yukon Mill, by providing each with less employment than heretofore given him, and by other acts, because they joined or assisted the Union or engaged in other concerted activities for the purposes of collective bargaining or other mutual aid or protection , and refused and refuses to reinstate each of them to their former positions, thereby discriminating in regard to their hire- or tenure or terms or conditions of employment; (2) on or about August 30 , 1940, initiated , formed, and sponsored the Committee, and thereafter dominated , contributed to the support of, and interfered with the administration of the Committee ; ( 3) on or about August 1 and 13, 1940, and thereafter , refused to bargain collec- tively with the Union , although on August 1, 1940, and thereafter the Union was the exclusive representative of the respondent's em- ployees within an appropriate•collective bargaining unit compose&of all production employees in the respondent 's -Yukon Mill , exclusive of supervisory, office, sales, and clerical employees ; and (4) by the foregoing acts, by certain stated acts and practices, and by other acts, interfered with, restrained , ' and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On December 26, 1940, the respondent filed an amended motion to make the amended complaint more definite , certain, and specific in certain respects, and on January 3, 1941, filed its answer to the amended complaint, in which it denied the material allegations thereof and raised certain affirmative defenses. The hearing reconvened on January 3, 1941, at Yukon, Oklahoma, and was removed to Oklahoma City, Oklahoma, on January 7, 1941. DOBRY.FLOUR MILLS, INC. 325 The respondent, the Board, and the Union appeared, were represented by counsel, participated in the hearing, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to in- troduce evidence bearing on the, issues. During the course of the hearing the Trial Examiner made several rulings on motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On January 7, the last day of the hearing, the Trial Examiner received in evidence a stipulation in settlement of the case, subject to approval by the Board, entered into by the respondent, the Union, the Committee, and counsel for the Board. This stipulation pro- vides as follows : STIPULATION It is hereby stipulated and agreed by and between Dobry Flour Mills, Inc., respondent herein, and Flour and Cereal Work- ers Union Local 20609, the complaining union, and J. H. Mc- Kinney, Thomas Chastain and Frank Enlow, Sr., committeemen and representatives of the unnamed labor organization referred to as the "committee" and V. Lee McMahon, attorney for, the Sixteenth Region of the National Labor Relations Board, as follows : I Respondent, Dobry Flour Mills, Inc., is an Oklahoma corpora- tion, with its principal place of business, in the city of Yukon, Canadian County, State of Oklahoma. Respondent, at its Yukon Mill, causes and has continuously caused approximately eighty per cent (80°Jo) of the products manufactured, sold, processed, distributed and delivered at its mill in Yukon, Oklahoma, to be supplied, delivered and 'trans- ported in interstate commerce, from the said Yukon, Oklahoma mill to, into and through, states of the United States, other than the state of Oklahoma, and has, as a result of this, sent its products. valued at approximately One Million Dollars ($1,000,000.00) to said states other than the state of Oklahoma during the first six months-of 1940. Respondent agrees and admits that it is engaged in interstate commerce within the meaning of Section 2, subdivisions 6 and 7, of the National Labor Relations Act, and that respondent is 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD subject to the jurisdiction of the National Labor , Relations Board. III The National Labor Relations Board may forthwith make, jurisdictional - findings based upon respondent's admissions con- tained in the respondent's answer of the truth of the allegations of paragraphs 1 and 2 of both the complaint and amended com- plaint herein, and upon the evidence taken in these proceedings, and upon the facts stipulated herein. IV All parties hereto waive their right to further hearing in this matter, and also waive the making of findings of fact and conclusions by the National Labor Relations Board. V All parties hereto, agree and consent that the National Labor Relations Board may forwith enter an order providing as follows : The respondent, Dobry Flour Mills, Inc., shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the ad- ministration of the unnamed labor organization , called the "Committee", (and hereinafter referred to as such ), or with the formation or administration of any other labor organi- zation of its employees , or in any manner contributing sup- port to the ",Committee" or, to any other labor organization of its employees; (b) Giving effect to or performing any and all contracts, written instruments or arrangements now existing with the "committee" relating to rates of pay, wages, hours of employ- ment, or other conditions of employment , or any modification or.extension thereof; .(c) 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 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 in Section 7 of the National Labor Relations Act; (d) In any manner discouraging membership in Flour and Cereal Workers Union Local 20609 or any other labor organi- DOBRY FLOUR MILLS, INC. 327 zation of its employees, by discharging or laying off its em- ployees, or any of them, or in any other manner discriminating in regard to the hire, tenure of employment, or terms or con- ditions of their employment because of membership in or activity in connection with any labor organization. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Withdraw all recognition from the "Committee", as representatives of any of its employees, for the purpose of, dealing with the respondent concerning grievances, labor dis- putes, wages, rates of pay, hours of employment or other conditions of employment, and completely disestablishing the "Committee", as such representative; (b) Offer immediate and full reinstatement, without preju- dice, to any seniority or other rights and privileges, to Jesse (Eddie) Wiser and C. A. Williams; (c) Pay to Jesse (Eddie) Wiser Fifty-five Dollars ($55.00) as back pay; - (d) Put Jake Odle on the preferential hiring list in the maintenance and repair department, and offer to him all available work at the respondent's mill in said department; (e) Recognize the Flour and Cereal Workers Union Local 20609, as the sole and -exclusive bargaining agent of all of the production employees of the respondent, at its Yukon mill, in respect to rates of pay, wages, hours of employment,- or other conditions of employment; (f) Post and keep posted, for a period of at least sixty (60) days from the date of the order herein agreed to, in several conspicuous places, through its Yukon mill, copies of the notice herein agreed to, 'and attached hereto and made a part hereof ; 3 (g) Notify the Regional Director for the Sixteenth Region of the National Labor Relations Board, within ten (10) days of the date of the issuance of the order herein agreed to, of the steps of the respondent, Dobry Flour Mills, Inc., has taken to comply herewith ; 3. And has recognized the Flour.and Cereal Workers Union Local 20609, as the sole and exclusive bargaining agent, and has bargained in good faith with said union, and that as a result of said bargaining, a written contract has been entered into that is satisfactory to both the union and the respondent herein. The notice referred to appears herein as the last part of the Decision and Order. 328 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD VI All stipulations herein made are subject to the approval of the National Labor Relations Board, and should the National Labor Relations Board fail to approve the terms and conditions con- tained herein, this stipulation shall become null and void and of no effect, and the, proceedings in this matter shall be in the same status as if no stipulatioli had been entered into. VII The correct name of the respondent in the above styled and numbered case is Dobry Flour Mills, Inc., and it is now agreed than where the respondent's naive appears anywhere in the pleadings, proceedings, evidence or elsewhere as Dobry Flour- Mills, Incorporated, that it should read Dobry Flour Mills, Inc., and that they are one and the same corporation. On January 18, 1941, the Board issued its order approving the above stipulation, making it a part of the record in the case, and tranferring the case to and continuing it before the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the stipulation. Upon the above stipulation, and upon the entire record in the case, the Board makes the following: ' FINDINGS OF FACT 1. TIIE BUSINESS OF THE RESPONDENT Dobry Flour Mills, Inc., is an- Oklahoma corporation with its place of business at Yukon, Oklahoma, herein called the Yukon Mill, where it is engaged in the manufacture of flour, feed products, and. byproducts of flour. Approximately 20 per cent of the raw materials used by the respondent in the course of production are purchased out- side the State of Oklahoma and shipped therefrom to the Yukon Mill. Approximately 80 per cent of the products of the Yukon Mill are supplied, delivered, and transported in interstate commerce to, into, and through States other than Oklahoma. During the first 6 months of 1940 the respondent sent products worth approximately $1,000,000 to States other than Oklahoma. The respondent employs approximately 50' persons at the Yukon Mill. The respondent ad- mits that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act We find that the above-described operations of the respondent- constitute a continuous flow of trade, traffic, and commerce among the several States. DOBRY FLOUR -MILLS, INC. IT. THE ORGANIZATIONS INVOLVED 329 Flour and Cereal Workers Union Local 20609, affiliated with American Federation of Labor, and the unnamed labor orbaniza- tion, referred to as land herein called the Committee, are labor organizations, within the meaning of Section 2 (5) of the Act. ORDER Upon the basis of the above findings of face, stipulation,, 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: The respondent, Dobry Flour Mills, Inc., shall : 1. Cease and, desist from : (a) In any manner dominating or interfering with the adminis- tration of the unnamed labor organization, called the "Committee", (and hereinafter referred to as such), or with the formation or administration of any other labor organization of its employees, or in any manner contributing support to the "Committee" or to any other labor organization of its employees; - (b) Giving effect to or performing any and all contracts, written instruments or arrangements now existing with the "Committee" relating to rates of pay, wages, hours of employment, or other con- ditions of employment, or any modification or extension thereof; (c) 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 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 in Section 7 of the National Labor Relations Act; (d) In any manner discouraging membership in Flour and Cereal Workers Union'Local 20609 or any other labor organization of its employees, by discharging or laying off its employees, or any of them, or in any other manner discriminating in regard to the hire, tenure of employment, or terms or conditions of their employment because of membership in or activity in connection with any labor organization. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Withdraw all recognition from the "Committee", as repre- sentatives of any of its employees, for the purpose of dealing with the respondent concerning grievances, labor disputes, wages,,rates of pay, hours of. employment or other conditions of employment, and B30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD completely disestablishing the "Committee", as such representative; (b) Offer immediate and full reinstatement, without prejudice, to any seniority or other rights and privileges, to Jesse (Eddie) Wiser and C. A. Williams; (c) Pay to Jesse (Eddie) Wiser Fifty-five Dollars ($55.00) as back pay; (d) Put Jake Odle on the preferential hiring list in the mainte- nance and repair department, and offer to him all available work at the respondent's mill in said department; (e) Recognize the Flour and Cereal Workers Union Local 20609, .Is the sole and exclusive bargaining agent of all of the production employees of the respondent, at its Yukon mill, in respect to rates of pay, wages, hours of -employment, or other conditions of employ- ment; (f) Post and keep posted, for a period of at least sixty (60) days from the date of the order herein agreed to, in several conspicuous- places, through its Yukon mill, copies of the notice' herein- agreed to, and attached hereto and made a part hereof; (g) Notify the Regional Director for the Sixteenth Region of the National Labor Relations Board, within ten (10) days of the date of the issuance of the order herein agreed to, of the steps of the respondent, Dobry Flour Mills, Inc., has taken to comply here- with; 3. And has recognized the Flour and Cereal Workers Union Local 20609, as the sole and exclusive bargaining agent, and has bargained in good faith with said union, and that as a result of said bargain- ing, a written contract has been entered into that is satisfactory to both the union and the respondent herein.' NOTICE TO EMPLOYEES OF DOBRY FLOUR MILLS, INC. Pursuant to an order of the National Labor Relations, Board; dated the ____ day 'of January, 1941, the Dobry' Flour"Mills, Inc., hereby agrees that : (1) It will not discourage membership in any labor organiza- tion of its employees, by discharging or laying off its employees, or any of them, or in any other manner discriminating in regard to the hire, tenure of employment, or terms or conditions of their employment, because of membership in, or activity in con- nection with any labor organization. (2) It will not encourage, support, dominate or interfere with the formation or administration of the unnamed 'labor organiza- tion referred to as the "Committee", or any other labor organ- ization of its employees, or lend financial or other support thereto. DOBRY FLOUR MILLS, INC. 331 (3) It has withdrawn all recognition from and completely disestablished its relations with the unnamed labor organization known as the "Committee", for the purpose of collectively bar- gaining with respect to wages, rates of pay, hours of work, or other conditions of work. (4) It will not-, in any other manner, interfere with, restrain, or coerce its employees in the exercise of their rights to self organization and to form, join,,or assist labor organizations to bargain collectively, through representatives of their own choos- ing, and to engage in activity for the purpose of collectively bargaining or other mutual aid or protection, as guaranteed in Section 7 of National Labor Relations Act. , (5)' It has offered to Jesse (Eddie) Wiser and C. A. Williams, immediate and full reinstatement to their former positions, all without prejudice to their seniority and other rights and privi- leges, and with restoration of agreed back wages , as was due Jesse (Eddie ) Wiser; and it has agreed to place Jake Odle on the preferential hiring list in the maintenance department and will offer to him all the maintenance and repair work available at the mill. (6) It,will recognize Flour and Cereal Workers Union Local #20609 as the sole and exclusive bargaining agent of all of the production employees , in respect to rates of pay, wages, hours of employment or other conditions of employment, and it will and has bargained in good faith with said labor organization, all of which resulted in a signed written contract with said union. (7) The employees of Dobry Flour Mills, Inc., are free to become or remain members of the Flour and Cereal Workers Union Local #20609; and the Dobry Flour Mills, Inc., will not discriminate against any employee in regard to hire or tenure of employment, because of membership or activity in that organization. (8) It has posted and will maintain and keep visible, for a period of sixty (60) consecutive days from the date of posting on the bulletin board, and other conspicuous places, at its mill in Yukon, Oklahoma, a copy of this notice. DORRY FLOUR MILLS, INC., By Secretary-Treasurer. Dated January __________, 1941.