The Denver Wholesale Florists Co.

In the Matter of THE DENVER WHOLESALE FLORISTS COMPANY and UNITED RETAIL, WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA, LOCAL No. 269 Case No. C-194.Decided September 12, 194.1 Jurisdiction : flowers and florists' supplies wholesaling industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders: entered on stipulation. Mr. Paul S. Kuelthau, for the Board. Mr. N. A. Benson, of Denver, Colo., for the respondent. Mr. R. W. Green, of Denver, Colo., for the Union. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Retail, Wholesale and Department Store Employees of America, Local No. 269, herein called the Union, the National Labor Relations Board, herein called the Board,' by its Regional Director for the Twenty- second Region (Denver, Colorado) issued its complaint dated July 26, 1941, against The Denver Wholesale Florists Company, Denver, Colorado, 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 (5), and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint accompanied by notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices, the complaint alleged, in substance: (1) that on or about April 26, 1941, and thereafter, the respondent refused to bargain collectively with the Union as the exclusive representative of its employees within an appropriate bar- gaining unit; (2) that from March 1, 1941, and thereafter, the respondent warned its employees to refrain from joining or retaining membership in the Union and threatened its employees with discharge 35 N. L. R. B., No. 73. 350 THE DENVER WHOLESALE FLORISTS COMPANY 351' and loss of privileges if they joined or assisted the Union or engaged in concerted activities for the purposes of collective bargaining and other mutual aid and protection; and (3) that by these acts the respondent interfered with,, restrained; and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act. On August 5, 1941, prior to the scheduled hearing in the case,1 the respondent, the Union, and the Regional Attorney for the Twenty- second Region entered into a stipulation, subject to approval of the Board, in settlement of the case. The stipulation provides as follows : Charges having been filed with the Regional Director of the National Labor Relations Board, 22d Region, a complaint and notice of hearing was issued and served on all parties wherein and whereby it was alleged that The Denver Wholesale Florists Company, herein called the respondent, had engaged in and was engaging in unfair labor practices within the meaning of Sec- tion 8 (1) (5) of the National Labor Relations Act (49 Stat. 449). All parties hereto acknowledge service of said complaint, notice of hearing, and charge. It being the intention of the parties to dispose of the matters which have arisen, it is hereby stipulated and agreed by and among The Denver Wholesale Florists Company by its presi- dent, N. A. Benson; United Retail, Wholesale and Department Store Employees of America, Local No. 269, by its representative, R. W. Green; and Paul S. Kuelthau, Regional Attorney, 22d Region, National Labor Relations Board, as follows : I The respondent is and has been since December 30, 1922, a cor- poration organized under and existing by virtue of the laws of the State of Colorado, having its principal office and place of business in Denver, Colorado. It is engaged in the sale and ship- ping of flowers and in the sale of florists' supplies. Florists' supplies valued in excess of $25,000 annually are sold by the respondent, and in excess of 60% of such supplies are shipped to the respondent in Colorado from states of the United States other than the State of Colorado, and in excess of 75% of such supplies are sold and shipped by the respondent to customers in states of the United States other than the State of Colorado. The respondent annually sells and ships flowers worth in excess of $50,000. 5% of said flowers are obtained from persons in states of the United States other than the State of Colorado, and 1 on August 5 and 6, respectively, the Regional Director extended the time for filing an answer by respondent, and postponed the hearing sine die. 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD are shipped to the respondent in Denver, Colorado. 75% of the flowers sold by the respondent are sold and shipped by it to cus- tomers in states of the United States other than the State of Colorado. The respondent admits for the purpose of this pro- ceeding that it is engaged in interstate commerce within the meaning of Section 2 (6) (7) of the National Labor Relations Act. II All parties hereto waive all further and other procedure pro- vided by the National Labor Relations Act or the Rules and Regulations of the National Labor Relations Board, including the taking of testimony and the making of findings of fact and conclusions of law. III This stipulation, together with the charge, complaint, and no- tice of hearing may be introduced in evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., and shall constitute the record in this case. IV All employees of the respondent's supply and cut flower de- partments, including truck drivers but excluding supervisors and stenographers, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. United Retail, Wholesale and Department Store Employees of America, Local No. 269, is the representative for the purposes of collective bargaining of a majority of the employees within said unit and therefore is the exclusive representative of all the employees in said unit for the purposes of collective bargaining within the meaning of Section 9 (a) of the National Labor Relations Act. V All the parties hereto expressly consent and agree that upon this stipulation and the record herein, and, without further notice or proceedings herein , the National Labor Relations Board may enter an order in the following form in the above -entitled case : ORDER The National Labor Relations Board hereby orders that The Denver Wholesale Florists Company, its officers , agents, suc- cessors, and assigns will: , THE DENVER WHOLESALE FLORISTS COMPANY 353 1. Cease and Desist from : (a) Refusing to bargain collectively with United Retail, Wholesale and Department Store Employees of America, Local No. 269, as the exclusive representative of the employees of its supply and cut flower departments, including truck drivers but excluding supervisors and stenographers. (b) 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 choos- ing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection as guar- anteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action in order to effectuate the policies of the National Labor Relations Act : (a) Upon request, bargain collectively with United Retail, Wholesale and Department Store Employees, Local No. 269, as the exclusive representative of the employees of the respond- ent's supply and cut flower departments, including truck drivers but excluding supervisors and stenographers, in respect to rates of pay, wages, hours of employment and other terms and con- ditions of employment, and if an agreement is reached on. any such matters upon request embody such agreement in a written contract to be signed by the parties. (b) Post immediately upon approval by the National Labor Relations Board of the stipulation on which this order is based, in conspicuous places in its place of business in Denver, Colo- rado, 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) ; (2) that the respondent will take the affirmative action set forth in paragraph 2 (a) of this order, and (3) that the respondent's employees are free to become or remain mem- mers of United Retail, Wholesale and Department Store Em- ployees of America, Local No. 269, or any other labor organization, or not as they see fit. (c) Notify the Regional Director for the 22d Region in writ- ing within ten (10) days from the date of the approval by the National Labor Relations Board of the stipulation upon which this order is based what steps the respondent has taken to comply therewith. 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit upon application of the Board of a consent decree enforcing an order of the Board in the form hereinabove set forth and hereby waives further notice of application for such decree. The Board will as soon as conveniently possible make application for said consent decree. VII It is understood and agreed that this stipulation embodies the entire agreement between the parties and that there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. VIII It is understood and agreed further that this stipulation is subject to the approval of the National Labor Relations, Board .and shall become effective immediately upon receipt of notice granting such approval. On August 15, 1941, the Board issued an order approving the stipu- lation, making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, transferred the proceeding to the Board for the purpose of entry of Decision and Order pursuant to the pro- visions of the stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The Denver Wholesale Florists Company is a Colorado corpora- tion with its principal office and place of business in Denver, Colorado. It is engaged in the sale and shipping of flowers and the sale of florists' supplies. The respondent annually sells ' florists' supplies valued in excess of $25,000, 60 per cent of which are shipped to the respondent from States other than the State of Colorado, and in excess of 75 per cent of which are in turn sold and shipped by the respondent to customers outside the State of Colorado. The respondent annually sells and ships flowers valued in excess of $50,000, 5 per cent of which are obtained from persons located in States other than Colorado, and 75 per cent of which are sold and shipped by the respondent to cus- THE DENVER WHOLESALE FLORISTS COMPANY 355 tomers located in States other than the State of Colorado. The respondent admits for the purpose of this proceeding 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 constitute a con- tinuous 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 National Labor Relations Act, the National Labor Relations Board hereby orders that The Denver Wholesale Florists Company, Denver, Colorado, its officers, agents, successors, and assigns will: 1. Cease and desist from : (a) Refusing to bargain collectively with United Retail, Whole- sale and Department Store Employees of America, Local No. 269, as the exclusive representative of the employees of its supply and cut flower departments, including truck drivers but excluding super- visors and stenographers ; (b) 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 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 in order to effectuate the policies of the National Labor Relations Act: (a) Upon request, bargain collectively with United Retail, Whole- sale and-Department Store- Employees, Local, No. 269,, as the exclu- sive representative of the employees of the respondent's supply and cut flower departments, including truck drivers but excluding supervisors and stenographers, in respect to rates of pay, wages, hours of employment and other terms and conditions of employment, and if an agreement is reached on any such matters upon request embody such agreement in a written contract to be signed by the parties ; (b) Post immediately upon approval by the National Labor Re- lations Board of the stipulation on which this order is based, in conspicuous places in its place of business in Denver, Colorado, 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 451270-42-vol 35 24 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to cease and desist in paragraphs 1 (a) and (b) ; (2) that the respondent will take the affirmative action set forth in paragraph 2 (a) of this order, and (3) that the respondent's employees are free to become or remain members of United Retail, Wholesale and Department Store Employees of America, Local No. 269, or any other labor organization, or not as they see fit. (c) Notify the Regional Director for the 22nd Region in writing within ten (10) days from the date of the approval by the National Labor Relations Board of the stipulation upon which this order is based what steps the respondent has, taken to comply therewith.