Lakeview Co-Operative Dairy

DECISIONS AND ORDERS , OF THE NATIONAL LABOR RELATIONS BOARD In the Matter of LAKEVIEW CO-OPERATIVE DAIRY and CHAUFFEURS, TEADisTERS AND HELPERS , LocAL 434 (AFL) Case No. C-1760.-Decided January 16, 1941 Jurisdiction : dairy industry. - - Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Frederick P. Mett, for the Board. Mr. Thomas J. Darcey, of Watertown, Wis., for the respondent. Mr. David A. Gourlie, of Watertown, Wis., for the Union. Miss Mary E. Perkins, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Chauffeurs, Teamsters and Helpers, Local 434 (A. F. L.), herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twelfth Region (Milwaukee, Wis- consin), issued its complaint, dated November 26, 1940, against Lakeview Co-Operative Dairy, Watertown, Wisconsin, 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. With respect to the unfair labor practices the complaint alleged in substance that the respondent (1) discriminated in regard to the hire and tenure of employment of Joseph Nistler, one of its em- ployees, because of his membership in and activities on behalf of the Union and in order to discourage membership in and activities on behalf of the Union, by laying off said Joseph Nistler, for periods of 2 days in January and 2 days in early February 1940, and by discharging said Joseph Nistler on February 17, 1940, and there- after refusing to reinstate him; (2) since November 28, 1939, inter- fered with, restrained, and coerced its employees in the exercise of 29 N. L. R. B, No.-1. 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the rights guaranteed by Section 7 of the Act, by refusing and fail- ing to bargain collectively with the Union, the duly designated rep- resentative of the majority of the respondent's employees in an ap- propriate unit; by advising its employees that they did not need the Union to represent them in their dealings with the respondent, and that they should form an organization of their own: by conducting an election among its employees on the question of whether they should have a union to represent them in dealings with the re- spondent; and by criticizing the Union and its representatives to its employees , threatening its employees with reprisals for their membership in and activities- on -behalf of the Union, urging its employees to bargain individually with it and otherwise discourag- ing its employees in their membership in and activities on behalf of the Union. The complaint, with notice of hearing, was duly served on the respondent and on the Union. Pursuant to, the notice , a hearing was held on December 9, 1940, at Watertown, Wisconsin, before Wil- liam B. Barton,-the Trial Examiner duly designated by The Board. The hearing was opened by the Trial Examiner, the formal exhibits were offered and admitted in evidence , and the hearing was then indefinitely postponed. On December 10, 1940, the respondent, the Union, and counsel for the Board, entered into a stipulation subject to the approval of the Board, for settlement of the case . This stipulation provided as follows : IT IS HEREBY STIPULATED AND AGREED by and between the Lake- view Co-Operative Dairy, hereinafter called the Respondent, Chauffeurs , Teamsters and Helpers, Local 434 (A. F. L.), herein- after called the Union, and Frederick P. Mett, Regional At- torney for the Twelfth Region of the National Labor Relations Board (Milwaukee, Wisconsin ), as follows: I Upon Charges and Amended Charges, duly filed by the Union, the National Labor Relations Board, hereinafter called the Board, on November 26, 1940, by its Regional Director for the Twelfth Region, issued and duly served upon the Respondent and the Union a Complaint alleging that the Respondent had engaged in, and was engaging in unfair labor practices, within the meaning of Section 8, subsections (1) and (3), and Section 2, subsections (6) and (7) of the National Labor Relations Act, hereinafter called the Act. Upon due notice, the Respondent, the Union, and the Board convened at Watertown , Wisconsin, LAKEVIEW CO-OPERATIVE DAIRY 3 on December 9, 1940, before William B. Barton, a Trial Exam- iner duly designated by the Board, for the purpose of a hearing upon the allegations of the Coiiiplaint. The hearing was opened by the Trial Examiner, and the formal exhibits, including the Complaint herein, were offered and admitted in evidence; the parties hereto, being in agreement, upon the provisions of this Stipulation, the hearing was thereupon indefinitely postponed. II The Respondent, Lakeview Co-Operative Dairy, is now, and for sometime past has been, a cooperative corporation, organize(, under and existing by virtue of the laws of the state 'of Wis- consin, having its office and places of business at Watertown, Wisconsin. The Respondent now owns and operates, and for sometime past has owned and operated, a milk plant and creamery in ,Watertown, Wisconsin, where it is now, and for sometime past has been, engaged in the purchasing, processing, selling, and distribution of raw milk. The Respondent, in the course and conduct of its business at Watertown, Wisconsin, causes, and has continuously caused, large quantities of its processed raw milk to be sold, transported, and distributed in interstate, commerce from its milk plant and creamery at Watertown, Wisconsin, into and through states of the United States other than the state of Wisconsin. The Respondent purchases approximately 20,000,000 pounds of raw milk annually ; of this amount, the 'Respondent, after proc- essing, sells and ships approximately 75% to purchasers out- side the state of Wisconsin. The Respondent does an annual business of approximately $400,000. III The Respondent and the Union, in this proceeding waive any further hearing and any other procedure provided by the Act or' by the' Rules and Regulations of the Board, including the making of Findings of Fact and Conclusions of Law., IV Upon the facts stipulated in paragraph II above, upon the Complaint and other formal exhibits admitted in evidence herein, and upon this Stipulation, the Board may enter an Order in this case, to the following effect : 4134102-42-N 01 29--2 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the Stipulation mentioned above, and the Complaint and other formal exhibits admitted in evidence in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, Lakeview Co-Operative Dairy, its, officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in Chauffeurs, Teamsters and Helpers, Local 434 (A. F. L.), or any other labor organization of its employees, by laying off, discharging, refusing to re- instate, or in any other manner discriminating in regard to the hire or tenure of employment or any term or condition of employment of its employees, because of their member- ship in, or activity in connection with, any such labor organization ; (b) In any other 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 representatives of their own choosing, and to engage in concerted activities for the pur- 'pose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Take the following affirmative action in order to effec- tuate the policies of the Act : (a) Make whole one Joseph Nistler for the loss of pay which he 'has suffered by reason of 'his lay-off and/or dis- charge,- and failure to be reinstated, by paying to the said Joseph Nistler the' sum of Three Hundred Twenty-five ($325.00) Dollars; (b) Post immediately in conspicuous places at its office, milk plant and creamery in Watertown, Wisconsin, and main- tain 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 will take the affirmative action which it is ordered to take in paragraphs 2 (a) and (b), of this Order ; (c) Notify,the Regional Director for the Twelfth Region of the National Labor Relations_ Board, in writing,. within ten (10) days from the date of this Order, of the steps the Respondent has taken to comply herewith., LAKEVIEW CO-OPERATIVE DAIRY 5 V Upon application by the Board, notice of which is hereby waived, the Circuit Court of Appeals for an appropriate Circuit may enter a decree enforcing the aforesaid Board Order. VI The Respondent's 'production employees , engaged in its Watertown , Wisconsin operations , presently consisting of the following named employees, constitute a unit appropriate for the purposes of collective bargaining : A. M. Newman John Dauffenbach Frederick M. Kaulitz Ed. Strahota VII A majority of the Respondent's production employees in the aforementioned appropriate unit, having previously designated the Union as its collective bargaining representative for the purpose of dealing with the Respondent with respect to rates of pay, wages , hours of employment, and other conditions of employment, the Respondent recognizes the Union as the exclu- sive bargaining representative of all of its aforesaid production employees for the purpose of dealing with it with respect to rates of pay, wages, hours of employment, and other conditions of employment. VIII The Respondent will, upon request , and within the meaning of the Act, bargain collectively with the Union as the exclu- sive representative of all its employees in the aforementioned appropriate unit, with respect to rates of pay, wages, hours of employment, and other conditions of employment. IX This Stipulation shall, upon its execution by the parties hereto, be forwarded to the official reporter and shall become a part of the record in this proceeding as Board's Exhibit No. 2, a reservation therefor having been made with the aforesaid Trial Examiner at the aforesaid hearing. X This Stipulation embodies the entire agreement between the parties, and there is no verbal agreement of any kind which varies, alters, or adds'to this Stipulation. 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD XI This Stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon receipt of notice of the granting of such approval. On December 21, 1940, the Board issued an order approving the said stipulation, making it a part of the record in the case, and transferring 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 said stipulation. Upon the stipulation and the entire record in the case the Board makes the following: FINDINGS OF FACT THE BUSINESS OF THE COMPANY The respondent is a cooperative corporation, organized and exist- ing under the laws of the State of Wisconsin, having its offices and place of business at Watertown, Wisconsin, where it is engaged in the purchasing, processing, selling, and distribution of milk. The respondent purchases approximately 20,000,000 pounds of raw milk annually; of this amount the respondent, after processing it, sells and ships approximately 75 per cent to purchasers outside the State of Wisconsin. The respondent does an annual business of approximately $400,000. We find that the above-described 'operations constitute a con- tinuoiis flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the foregoing findings of fact, the 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, Lakeview Co-Operative Dairy, Watertown, Wisconsin, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in Chauffeurs, Teamsters and Help- ers, Local 434 (A. F. L.), or any other labor organization of its employees, by laying off, discharging, refusing to reinstate, or in any other manner discriminating in regard to the hire or tenure of em- ployment or any term or condition of employment of its employees, because of their membership in, or activity in connection with, any such labor organization; (b) In any other manner interfering with, restraining, or coercing its employees in the exercise, of their rights to self-organization, to LAKEVIEW CO-OPERATIVE DAIRY 7 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, as guaranteed in Section 7 of the Act. 2. Tike the following affirmative action in order to effectuate the, policies of the Act : (a) Make whole one Joseph Nistler for the loss of pay which he has suffered by reason of his lay-off and/or discharge, and failure to be reinstated, by paying to the said Joseph Nistler the sum of Three Hundred Twenty-five ($325.00) Dollars; (b) Post immediately in conspicuous places at its office, milk plant and creamery in Watertown, Wisconsin, 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 will take the affirmative action which it is ordered to take in paragraphs 2 (a) and (b) of this Order ; (c) Notify the Regional Director for the Twelfth Region of the National Labor Relations Board, in writing, within ten (10) days from the date of this Order, of the steps the respondent has taken to comply herewith.