Frisbie Pie Co.

In the Matter of, FRISBir, PIE COMPANY and INTERNATIONAL BROTHER= HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS ' OF AMERICA, LOCAL UNION #191, A. F. OF L. Case No. C-1794.-Decided February 11, 1941 Jurisdiction : baking industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Millard L. Midonick, for the Board. Pullman and Comley; by Mr. A. M. Comley, of Bridgeport, Conn., for the respondent. Delson, Leviwand -Gordon, by Mr. Max Delson, of New York City, for the Union. Mr. Raymond J. Compton, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen &,Helpers of America, Local Union #191, 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, dated November 8, 1940, against Frisbie Pie Company, Bridgeport, Connecticut, 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 notice of hearing were duly served upon respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance that the respondent, (1) on or about April 17, 1940, discharged Harold E. Whikehart, and on or about April 23, 1940, discharged Frank J. McGee, and thereafter refused to reinstate said employees, for the reason that they joined and assisted the-Union 29 N. L. R. B., No., 92. 519 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and engaged in other concerted activities for the purpose of collec- tive bargaining and other 'mutual aid and protection; and (2) by the aforementioned acts, by urging, persuading, and warning its employees to refrain from aiding, becoming, or remaining members of the Union or any other labor organization, by threatening said employees with discharge and other reprisals if they aided or became members of the Union, by offering certain of its employees perma- nent employment if they would repudiate their designations of the Union as their collective bargaining agent, by vilifying the Union and its representatives to its employees, 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 7, 1940, the respondent filed an answer to the' complaint admitting the mate- rial allegations of the complaint as to the nature of its business, but denying that it had committed the unfair labor practices alleged therein. On January 20, 1941, before any hearing was held, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation provides as follows : IT IS HEREBY STIPULATED AND AGREED by `and between The Frisbie Pie Company; International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local-Union, #191, A. F. of L.; and Millard L. Midonick, attorney for the National Labor Relations Board, Second Region : I. On charges filed by the. International Brotherhood of Team- sters, Chauffeurs, Warehousemen & Helpers of America, Local Union #191, A. F. of L.' 'hereinafter called the Union, the Na- tional Labor Relations Board, hereinafter called the Board, by Elinore ,M. Herrick,, Regional; Director for the Second Region, New York City, acting pursuant to authority granted in Sec- tion 10, subsection (b), of the National Labor Relations Act, 49, Stat.' 449, hereinafter called the Act, and its Rules and Regula- tions-Series 2, as amended , Article IV, Section 1, issued its complaint on the 8th day of November 1940 against The Frisbie Pie Company, hereinafter called the respondent. II. A copy of the amended charge filed August 3, 1940, com- plaint, notice of hearing thereon and National Labor Relations Board Rules and Regulations-Series 2, as amended, were duly served upon the respondent and upon the Union. III. The Frisbie Pie Company is and has been since February 21, 1905, a corporation duly organized under and existing by virtue of the laws of the State of Connecticut, having its -prin- cipal office and place-of business at 363 Kossuth Street, Bridge- FRISBIE PIE' COMPANY '521 ' port,. Connecticut, ahd"having another place of -business in New London; Connecticut, and is now- and has been continuously engaged at its said places of business, hereinafter respectively called, its Bridgeport plant and its- New London, warehouse, in the manufacture, sale and distribution of pies and related products. 11 1 IV. In the conduct of its business, the respondent 1 normally purchases annually from places outside of the State of Connect- icut, material used in the manufacture of pies (flour, shorten- ing, fruits, sugar, milk, ' eggs, and starches), amounting to approximately $340,000 in value. The aforesaid materials con- stitute approximately 78% in value of all materials used, by the respondent. Such materials of the value stated. above are shipped to the Bridgeport plant or the New London warehouse of the respondent from places outside the State of Connecticut. V. In the conduct of its business, the respondent normally sells annually products amounting to not less than $1,000,000.00 in value. Of the total sales of products made by the respondent annually, approximately 15% are normally sold to customers located in states other than' the State of Connecticut. Deliveries of all products, including those to customers in states other than the State of Connecticut, are made by the' respondent by .means of its -own trucks. VI. The-International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union $191, A. F. of L., is and has been a labor organization within the meaning of Section 2, subsection (5) of the Act. ' VII. The respondent and the Union hereby waive, in the above entitled matter,, the right to a hearing, to the taking of testi- ,mony' 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. - VIII. This stipulation, together with the amended charge and the complaint herein, the affidavit of service of the amended charge and complaint dated November 8, 1940, with correspond- ing return receipts, the answer of the respondent to said com-, plaint, and National Labor Relations Board Rules and Regula- tions-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. and when so introduced shall constitute the entire record in the proceeding. 522 , DECISIONS OF-NATIONAL LABOR RELATIONS BOARD IX. Upon the entire record in the above-entitled matter, the Board may forthwith or at any future time issue the following Order : The respondent, The Frisbie Pte Company, its officers, agents, successors,'and'assigns; shall: 1. Refrain from : (a) Discouraging membership in International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union '#191, A. F. of L., or any other labor organization of its employees ' by discharging or' refusing to 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 ; - (b) In any manner interfering with, restraining, or=-coerc- ing its employees in the exercise of their rights to self.organi- zation, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collet; tive bargaining or other mutual aid or protection as guaran- teed in Section 7 of the National Labor Relations Act. - 2. Take the following affirmative action : (a) Offer to Frank J. McGee, and if he should decline, offer to Harold E. Whikehart, at the sole discretion of these named individuals, full and unconditional reinstatement to his former position, without prejudice to whatever seniority and other privileges were previously enjoyed by him; (b) Make whole Frank J. McGee and Harold E. Whikehart ,for part of the loss of pay they have suffered respectively by reason of their., discharges, by paying. said persons the„sum. of $750.00 apiece in full payment of the respondent's obligations to them under the Act; (c) Post immediately in conspicuous places in all of its plants and warehouses and its other property frequented by its route salesmen in the course of their duties, and maintain for a period of at least sixty (60) days,, notices stating that: (1) The Frisbie Pie Company will not engage in the con- 'duct from which it is ordered to refrain in paragraphs 1 (a) and (b) of this Order; (2) The Frisbie Pie Company will take the affirmative ac- tion set forth in paragraphs 2 (a) and (b) of this Order; and (3) That the Frisbie Pie Company's employees are free to become or remain members of International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union #191, A. F. of L., and that the Frisbie Pie FRISBIE -PIE . COMPANY 523 Company will not discriminate against any employee because of membership or activity in that organization. (d) Notify the Regional Director for the Second Region within ;ten (10) days <froni the date- of 'this Order wha't'' steps- the respondent has taken to comply therewith. X. Upon application by the Board forthwith or at any future time, without further notice to the respondent, United States Circuit Court of Appeals for the appropriate circuit, or any other appropriate Court as provided in Section 10, sub-division (e) of the Act, may enter a decree embodying and enforcing the said Order of the Board in substantially the same form set forth 'above in paragraph IX, and the respondent hereby ex- pressly consents thereto and expressly waives its right to contest the entry of such decree. XI. This stipulation is subject to the approval of the Board, shall become effective immediately upon the granting of such approval by the Board, but shall not be effective until it has received such approval. It 'is expressly understood that the terms of this stipulation embody the entire agreement among the parties hereto, and it is further understood that there is no ,verbal or other agreement of any kind which in substance or effect in any way varies, alters, or adds to this stipulation. _ On January 31, 1941, the Board issued its order approving the above stipulation,, making it a part of the record in the case, and transferring the proceeding, to the Board for the purpose of entry of a decision and order by the Board,, pursuant to the provisions of the stipulation. Upon- the-basis "of the above stipulation' and'the-entir e record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent is a Connecticut corporation engaged in the manu- facture, sale and distribution of pies and related products. It main- tains its principal office and place of business at Bridgeport, Con- necticut; it also maintains a place of business at New London, Con- necticut. Approximately 78 per cent of the raw materials used annually by the respondent consisting principally of flour, shorten- ing, fruits, sugar, milk, eggs and starches, are shipped from points outside the State of Connecticut. The respondent's sales of finished products amount to not less than $1,000,000 annually, of which ap-' Z24 . DECISIONS OF NATIONAL LABOR,•RELATIONS- BOARD proximately 15 per cent are shipped to States other than Connecticut. We find that the above-described operations constitute a continuous flow of trade, traffic and commerce among the several states within the meaning of the Act. ORDER Upon the basis of the findings of fact, the above 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, Frisbie Pie Company, Bridgeport, Con- necticut, and its officers, agents, successors and assigns, shall : 1. Refrain from : (a) Discouraging membership in International Brotherhood of Teamsters; Chauffeurs, Warehousemen and Helpers of America, Local Union #191, A. F. of L., or any other labor organization of its employ- ees by discharging or refusing to 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 employee; (b) In any manner interfering with, restraining or coercing its employees in the exercise of their ,rights to self-organization, to form, join or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing, and to engage in concerted activi- ties for the purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the,following affirmative -action : (a) Offer to Frank J. McGee, and if he should decline, offer,to Harold E. Whikehart, at the,sole discretion of'these named' individuals, full and unconditional reinstatement to his former position, without prejudice to whatever seniority and other privileges were previously enjoyed by him; (b) Make whole Frank J. McGee and Harold E. Whikehart for part of the loss of pay they have suffered respectively by reason of their discharges, by paying said persons the sum of $750.00 apiece in full payment of the respondent's obligations to them under the Act; (c) Post immediately in conspicuous places in all of its plants and warehouses and its other property frequented by its route salesmen in the course of their duties, and maintain for a period of at least sixty (60) days, notices stating that : '(1) The Frisbie Pie Company will not engage in the conduct from which it is ordered to refrain in paragraphs 1 (a) and (b) of this Order; - FRISBIE PIE COMPANY 525 (2) The Frisbie Pie Company will take the affirmative action set forth in paragraphs 2 (a) and (b) of this Order; and (3) That the Frisbie Pie Company's employees are free to become or remain members of International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers of America, Local Union #191, A. F. of L. and that the Frisbie Pie Company will not discriminate against any employee because of membership or activity in that organization ; . (d) Notify the Regional Director for the Second Region within ten {10) days from the date of this Order what steps the respondent has taken to comply therewith. - .