Shawnee Milling Co.

In the Matter of SHAWNEE MILLING COMPANY and UNITED GRAIN PROCESSORS , AFFILIATED WITH A. F. OF L. Case No. C-1978.-Decided October 17,1941 Jurisdiction : flour, corn meal, and mill feed manufacturing and selling industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. V. Lee McMahon, for the Board. Mr. Kenneth Abernathy, of Shawnee, Okla., for the respondent. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by United Grain Processors, affiliated with A. F. of L., 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 August 20, 1941, against Shawnee Milling Company, Shawnee, Okla- homa, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- merce, within the meaning of Section 8 (1) 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 the respondent and the Union. Concerning the unfair labor practices, the complaint alleged in sub- stance, that the respondent by its officers, agents, and employees; from on or about January 20, 1941, up to and including the date of the issuance of the complaint, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed to them by the Act, by: seeking information concerning the activities of union members; criticizing employees for becoming or remaining members of the Union, or for engaging in activities in behalf of said Union; stating to employees that before union organization could be perfected there 36 N. L. R. B., No. 36. 203 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD might be bloodshed; refusing to have further conversation with em- ployees because of their union membership ; threatening employees with discharge and other reprisals if they aided the Union or members thereof; threatening employees with bodily harm; extracting prom- ises not to join or remain members of the Union; encouraging em- ployees to renounce membership in the Union and promising permanent employment to employees not affiliated with the Union; threatening to close down the mill rather than deal with the Union ; and making various other derogatory, threatening, and hostile re- marks concerning the Union and' its members. On September 13, 1941, the respondent filed an answer admitting the allegations of the complaint with regard to the nature and extent of its business, but denying the allegations of unfair labor practices and alleging certain affirmative defenses. On September 15, 1941, prior to the scheduled hearing in the case, the respondent and counsel for the Board entered into a stipulation. By letter dated September 24, 1941, counsel for the respondent agreed with counsel for the Board to change the stipulation by deleting there- from certain words. The stipulation, as changed by this deletion, provides as follows : It is hereby stipulated and agreed by and between Shawnee Milling Company, hereinafter referred to as the Respondent, and V. Lee McMahon, Attorney for the National Labor Relations Board of the Sixteenth Region, that : I. Upon a Charge filed by the United Grain Processors affiliated with the American Federation of Labor, hereinafter referred to as the Union, the National Labor Relations Board, hereinafter re- ferred to as the Board, by Edwin A. Elliott, Regional Director for the Sixteenth Region, Fort Worth, Texas, acting pursuant to authority granted in Section 10 (b) of the National Labor Rela- tions Act, 49 Stat. 449, hereinafter referred to as the Act, and acting pursuant to its Rules and Regulations, Series 2, as amended, issued its Complaint and Notice of Hearing on August 20, 1941, against the Respondent. II. All parties hereto acknowledge service of the Complaint and Notice of Hearing, a copy of the Charge, and a copy of the Board's Rules and Regulations, Series 2, as amended, and all parties hereto acknowledge the service and filing of the Respond- ent's Answer denying each, every and all allegations of the Com- plaint, and all parties expressly waive further pleadings, hearings, and the making of findings of fact, and conclusions of law by the Board. III. The Respondent is an Oklahoma corporation, and has its principal office and plant in Shawnee, Oklahoma. SHAWNEE MILLING COMPANY 205 IV. The Respondent is engaged in the manufacture , sale and distribution of flour, corn meal, dairy feed, poultry feed and other mill feeds under various trade , names. The principal brands are "Shawnee Best" corn meal, "Snow Drift" poultry feed, "Climax" molasses feed, "Shawnee Best" and "Shawnee Chief " flour, the principal ingredient is wheat of which approximately eighty-five (85) per cent is, purchased in the State of Oklahoma , and fifteen (15) per cent from the States of Kansas , Texas and Missouri. It manufactures flour for bakers and retail purposes and its products are shipped in interstate commerce by the Respondent to points outside the State of Oklahoma. Products sold in the year 1940 by the Respondent were valued in excess of $3,750,000 .00, of which amount approximately two-thirds (2/3) of said goods was delivered to points outside the State of Oklahoma. V. The. Respondent concedes that its operations affect commerce within the meaning of Section 2 ( 6) and (7) of the Act. VI. The United Grain Processors affiliated with the American Federation of Labor is a labor organization within the meaning of Section 2 (5) of the Act. VII. This Stipulation, together with the Charge, Complaint and Notice of Hearing, a copy of the Board's Rules and Regula- tions, Series 2, as amended , and the Respondent's Answer may be filed with the Chief Trial Examiner of the Board of Washington, D. C., and when so filed shall constitute the entire record in this case. VIII . It is further stipulated that upon the entire record in this case, as set forth in Paragraph VII hereof, an Order,may forthwith be entered by the Board, providing as follows : 1. The Respondent, Shawnee Milling Company, its officers, agents, successors, and assigns will not: (a) In any manner interfere with, restrain, or coerce its em- ployees in the exercise of their 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 : (b) Discourage membership in the United Grain Processors. affiliated with the American Federation of Labor or any other labor organization of its employees by discharging or laying off or refusing to reinstate any of its employees because of mem- bership or activity in any such labor organization or because of the exercise. by any of its employees of their right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. . 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The Respondent, its. officers, agents, successors, and assigns, shall take the following affirmative action to effectuate the poli- cies of the Act. (a) Post immediately in conspicuous places throughout its plant and maintain for a period of at least sixty (60) consecu- tive days the following Notice : NOTICE TO ALL EMPLOYEES OF SHAWNEE MILLING COMPANY SHAWNEE, OKLAHOMA Pursuant to the request of, the National Labor Relations Board, this notice is posted : (1) The Company, its officers, agents, foremen, and super- visory employees will not in any manner interfere with, restrain or coerce its employees in the exercise of their rights to self- organization, form, join or assist labor organizations, to bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection. (2) The Company, its officers, agents, foremen, and super- visory employees will not discourage membership of its em- ployees in the United Grain Processors, affiliated with the American Federation of Labor, or any other labor organiza- tion by discrimination in regard to hire or tenure of service. (3) All foremen and supervisory employees are directed to take notice of the above directions and to use diligence to see that the contents are carefully followed; and all foremen and supervisory employees of the company are hereby instructed that they must not in any way interfere with the rights of the employees as set out in paragraph 1. (4) The employees of Shawnee Milling Company are free to become or remain members of the United Grain Processors, affiliated with the American Federation of Labor, and the Shawnee Milling Company will not discriminate against any employee in regard to hire or tenure of employment because of membership or activity in that organization. (5) The Company will post immediately, maintain, and keep visible, for a period of at least sixty (60) consecutive days from the date of posting, copies of this notice, on the bulletin board, and other conspicuous places, at its place of business in Shawnee, Oklahoma. SHAWNEE, MILLING COMPANY. BY J. LLOYD FORD, President. Date---------------- SHAWNEE MILLING COMPANY 207 (b) Notify the Regional Director for the Sixteenth Region in writing within ten (10) days from the date of this Order, what steps the Respondent has taken to comply herewith. IX. It is further stipulated and agreed that the United States Circuit Court of Appeals for the Tenth Circuit may upon appli- cation by the Board enter its decree enforcing the Order of the Board in the form above set out. The Respondent waives its right to contest the entry of any such decree and its right to re- ceive notice of the filing of an application for the entry of such decree. Provided, that Respondent hereby reserves the right to contest or deny either before said Board or any Court, any alleged violation of any order entered by 'the Board, or any decree en- tered by the aforesaid, or any other Court. X. Nothing herein contained shall be constituted or taken as an admission by Respondent of any of the violations of the Act alleged in the aforesaid Complaint and/or Charge. XI. This Stipulation contains the entire agreement between the parties, there being no agreement of any kind, verbal or other- wise, which varies, alters, or adds to this Stipulation. XII. This Stipulation shall be of no force and effect unless and until approved by the Board. On October 4, 1941, the Board issued an order approving the above stipulation as changed by the letter of September 24, 1941, making the stipulation and letter a part of the record, and; pursuant to Ar- ticle II, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entering a decision and order 'pursuant to the provisions of the stipulation as changed. Upon the basis of the above stipulation as changed , and upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF T1-1E RESPONDENT Shawnee Milling Company is an Oklahoma corporation, with its principal office and plant in Shawnee, Oklahoma, where it is engaged in the manufacture , sale, and distribution of flour, corn meal, dairy feed, poultry feed and other mill feeds under various trade names. The principal raw material used by the respondent is wheat, of which approximately 85 per cent is purchased in the State of Oklahoma, and 15 per cent from outside the State of Oklahoma. During 1940, the respondent's finished products were valued in excess of $3,750,000, of which approximately two-thirds were delivered to points outside 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the State of Oklahoma. The respondent admits that its operations affect commerce within the meaning of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, the stipulation as amended; and the entire record in the case, and pursuant to Section 1.0 (c) of the National Labor Relations Act, the National Labor Rela- tions Board hereby orders that Shawnee Milling Company, Shawnee, Oklahoma, its officers, agents, successors, and assigns : 1. Will not : (a) In any manner interfere with, restrain, or coerce its employees iii the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representa- tives 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. (b) Discourage membership in the United Grain Processors affili- ated with the American Federation of Labor or any other labor organization of its employees by discharging or laying off or refusing to reinstate any of its 'employees because of membership or activity in any such labor organization or because of the exercise by any of its employees of their right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. Shall take the following affirmative action to effectuate the policies of the Act : (a) Post immediately in conspicuous places throughout its plant and maintain for a period of at least, sixty (60) consecutive days the following Notice : NOTICE TO ALL EMPLOYEES OF SHAWNEE MILLING COMPANY SHAWNEE, OKLAHOMA Pursuant to the request of the National Labor Relations Board, this notice is posted : (1) The Company, its officers, agents, foremen, and super- visory employees will not in any. manner interfere With, restrain or coerce 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 choos- ing, and to engage in concerted activities for the purpose of col- lective bargaining or other mutual aid or protection. SHAWNEE MILLING COMPANY 209 (2) The Company, its officers, agents, foremen, and super- visory employees will not discourage membership of its employ- ees in the United Grain Processors, affiliated with the American Federation of Labor, or any other labor organization, by dis- crimination in regard to hire or tenure of service. (3) All foremen and supervisory employees are directed to take notice of the above directions and to use diligence to see that the contents are carefully followed; and all foremen and supervisory employees of the company are hereby instructed that they must not in any way interfere with the rights of the employ- ees as set out in paragraph 1. (4) The employees of Shawnee Milling Company are free to become or remain members of the United Grain Processors, affili- ated with the American Federation of Labor, and the Shawnee Milling Company will not discriminate against any employee in regard to hire or tenure of employment because of membership or activity in that organization. (5) The Company will post immediately, maintain, and keep visible, for a period of at least sixty (60) consecutive days from the date of posting, copies of this notice, on the bulletin board, and other conspicuous places, at its place of business in Shawnee, Oklahoma. SHAWNEE MILLING COMPANY, By J. LLOYD FORD, President. Date ------------------------------------ (b) Notify the Regional Director for the Sixteenth Region in writing within ten (10) days from the date of this Order, what steps the Respondent has taken to comply herewith. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Order. 4331 18-42-vol. 36-15