Loose-Wiles Biscuit Co.

In the Matter of LOOSE-WILEs BISCUIT COMPANY , A CORPORATION and BISCIIIT AND CRACKER WORKERS' LOCAL UNION No. 405, B. & C. W. I. U. OF A., A. F. of L. Case No. C4009.-Decided December 5, 1941 Jurisdiction : bakery products manufacturing industry. Settlement : stipulation providing for compliance with the Act Remedial Orders : entered on stipulation. Mr. Will Maslow, for the Board. Mr. Burton A. Zorn, of New York City, for the respondent. Mr. Bernard H. Fitzpatrick, of New York City, for the Associa- tion. Mr. Kalman Sklar, of New York City, for the Union. Mr. George A. Koplow, of counsel to the Board. DECISION AND ORDER ,STATEMENT OF THE CASE Upon charges and amended charges duly filed by Biscuit and Cracker Workers' Local Union No. 405, B. & C. W. I. U. of A., 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 Au- gust 6, 1941, against Loose-Wiles Biscuit Company, a corporation, New York City, 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 (2) 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, the Union, and the Sunshine Association, herein called the Association. Concerning the unfair labor practices, the complaint alleged. in substance, that the respondent by its officers and agents (1) on or about June 1934 initiated, formed, and sponsored the Association for the purpose of dealing with its employees concerning grievances, 37 N. L. R. B , No. 46 291 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD labor disputes , wages, rates of pay, hours of employment, and con- ditions of work, and from June 1934 to the date of issuance of the complaint dominated, contributed to the support of, and interfered with the administration of said Association ; (2) from July 5, 1935, to the date of issuance of the complaint urged, persuaded , and warned certain of its employees to refrain from a* ding, becoming, or remain- ing members of the Union , and threatened said employees with dis- charge or other reprisals if they aided said Union or members thereof or if they did not become or remain members of the Association. On August 27, 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 18, 1941, the Regional Director issued and duly served upon the parties a Notice of Continuance . On September 24, 1941, prior to the scheduled hearing in the case, the respondent, the Association, the Union, and counsel for the Board entered into a stipulation in settlement of the case. The stipulation provides as follows : AGREEMENT OF SETTLEMENT AGREEMENT, made this 24th day of September, 1941, by and among LOOSE-WILES BISCUIT COMPANY, hereinafter called the Respondent, Sunshine Association, hereinafter called the Association, Biscuit and Cracker Workers' Local Union, No. 405, B . & C. W. I. U. of A., A. F. of L., hereinafter called the Union, and WI11 Maslow , attorney, National Labor Relations Board. WHEREAS, the Union duly filed a charge in the above captioned proceeding at the offices of the National Labor Relations Board, Second Region, on August 31, 1940 and duly filed a first amended charge on September 11, 1940 and a,second amended charge on February 18, 1941; and WHEREAS, the National Labor Relations Board , hereinafter called the Board , duly issued a complaint and notice of hearing on August 6, 1941; and WHEREAS the Respondent duly filed a verified answer at the offices of the Second Region of the Board on August 27, 1941, and the Association has not as yet filed any answer ; and WHEREAS a hearing is scheduled to commence on October 6, 1941 before a duly appointed Trial Examiner of the Board; and WHEREAS the parties desire to dispose of all the issues created by said charges and said complaint and to eliminate the neces- sity of further proceedings by or before the Board; LOOSE-WILES BISCUIT COMPANY 293 Now, THEREFORE, IT IS MUTUALLY AGREED : 1. The Respondent admits, but only for the purposes of th's proceeding, that it is engaged in commerce within the meaning of Section 2, subdivisions 6 and 7, of the National Labor Rela- tions Act, hereinafter called the Act. 2. The Respondent is and has been at all times since 1912 a corporation organized under and existing by virtue of the laws of the State of New York, having its principal office in New York, N. Y., and a plant in Long Island City, County of Queens, State of New York. Respondent is engaged in the manufacture, distribution and sale of biscuits, crackers, cakes and related food products. The principal raw materials used by the Respondent are flour, sugar and shortening. During the last six months, which was a representative period of Respondent's business, it purchased, in connection with the operation of its Long Island C_ty plant, approximately 33,000,000 pounds of the above' described raw materials, approximately 50% of which were shipped to Respondent's plant in the State of New York from points outside of that State. During the last six months, which was a representative period in Respondent's business, it sold $8,373,000 of the above described ,finished product, about 77% of which were shipped from the Respondent's plant in the State of New York to points outside that State. 3. The Union and the Association are each labor organiza- tions within the meaning of Section 2, subdivis`on 5, of the Act. 4. The Association waives its right to file any answer or further proceedings in this proceeding, and the Respondent and the Associat on waive their rights to a hearing or further proceedings by or before the Board and waive their rights to the making of findings of fact and conclusions of law by the Board. 5. The above described charges, complaint, notice of hearing, answer and this agreement of settlement shall constitute the entire record in this proceeding, which record shall be filed with the chief Trial Examiner of the Board. 6. The parties hereto agree to the issuance by the Board, with- out further notice or proceedings, of an Order substantially in the following form, which Order shall have the same force and effect as if made after full hearing, presentation of evidence, and the making of findings of fact and conclusions of law thereon: "The Respondent, Loose-WViles Biscuit Company; its'officers, agents, successors and assigns, shall: 433237-42-vou 37--20 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. Refrain from : (a) In any manner dominating or interfering with the aduninistrat'on of Sunshine Association or with the forma- tion or administration of any other labor organization of its employees or contributing financial or other support to the Sunshine Association or any other labor-,organization of its employees. (b) Giving effect to the agreeiueut between Respondent and Sunshine Associat'oii dated March 7, 1941. (c) In any u ►anner interfering with, restraining, or coerc- mg its emmployees in the exercise of their rights to self-organi- zation,-to form, join, or assist labor organ,*zatio1 s, to bargain collectively through representatives of their own choosing, or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed by Section 7 of the National Labor Relations Act. 2. Take the following afrruative action to effectuate the policies of the National Labor Relations Act: (a) Withdraw all recognition from, Sunshine Association as the representative 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 condi- tions of employment, and completely disestablish Sunshine Association. (b) Immediately post copies of the following notice in conspicuous places throughout its Long Island City plant and maintain such notices for a period of at least sixty (60) days from the date of posting of said notice : NOTICE TO OUR EMPLOYEES Loose-Wiles Biscuit Company states : 1. Employees are free to join or assist any union of their choice without fear of discrimination. 2. It will not in any manner interfere with, restrain or coerce its employees in the exercise of their right to self- organization, to bargain collectively through representatives of their own choosing, or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 3. It will not dominate or interfere with the administra- tion of Sunshine Association, or with the formation or administration of any other labor organization, and will not contribute financial or other support to Sunshine Asso- ciation, or any other labor organization of its employees. LOOSE-WILES BISCUIT COMPANY 295 4. It will not, recognize or deal with Sunshine Associa- tion as a representative of its employees, or any 'of them, for the purpose of collective bargaining or the adjustment of grievances and said Sunshine Association is completely 'disestabli'shed ds `such 7representative. 5. Its contract, dated March 7, 1941, with Sunshine Asso- ciation has been cancelled, but existing wages, hours of work and conditions of employment will remain in effect. Dated ---------------- 7 ------------------------------ (c) Notify the Regional Director of the National Labor Relations Board for the Second Region within ten days after the receipt of a copy of this Order what action the Respondent has taken to comply therewith." 7. The Respondent and the Association hereby consent to the entry by an appropriate United' States Circuit Court of Appeals, upon application by, the Board, and on five (5) days' notice to Respondent of an enforcement decree embodying substantially the terms of the Board's Order set forth in paragraph "6" hereof. 8. The entire agreement among the parties is contained within the terms of this instrument and there is no verbal understand- ing of any kind which varies, alters, or adds to this agreement. 9. This agreement shall be effective if and when approved by the Board, but shall be of no effect if such approval is not granted. On November 15, 1941, the Board issued an order approving the above stipulation, making it a part of the record, and, pursuant' to Article 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. On the basis of the above stipulation and upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Loose-Wiles Biscuit Company is a New York corporation, with its principal office -in New -York City- and a plant in Long Island City, County of Queens, State `of' New York, herein called the Long Island plant, which is the only phase of the respondent's operations 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD involved in this proceeding. The respondent is engaged in the manu- facture, distribution, and sale of biscuits, crackers, cakes, and re- lated food products. The principal raw materials used by the re- spondent are flour, sugar, and shortening. During the 6 months preceding September 24, 1941, which was a representative period of .its business;•.the-respondent purchased, in-connection with the opera- tion of its Long Island plant, approximately 33,000,000 pounds of the above-described raw materials, approximately- 50 per cent of which were shipped to the plant from outside the State of New York. During the same period the respondent sold finished products in the amount of $8,373,000, about 77 per cent of which were shipped from the respondent's plant to points outside the State of New York. For the purposes of this proceeding the respondent admits that it is engaged in commerce within the meaning of the Act. We find that the above-described operations constitute a continu- ous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above 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 Loose-Wiles Biscuit Company, a corporation, New York City, its officers, agents, successors, and assigns shall: 1. Refrain from : (a) In,any, manner dominating or interfering with the adminis- tration of Sunshine Association or with the formation or adminis- tration of any other labor organization of its employees or con- tributing financial or other support to the Sunshine Association or any other labor organization of its employees. (b) Giving effect to the agreement between respondent and Sun- shine Association dated March 7, 1941. (c) 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 representatives of their own choosing, or to engage in con- certed activities for the purpose of collective bargaining or other mutual aid or protection, as guaranteed by Section 7 of the National Labor Relations Act. 2. Take the following affirmative action to effectuate the policies of the National Labor Relations Act:, (a) Withdraw all recognition from Sunshine Association as the representative-of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, LOOSE-WILES BISCUIT COMPANY 297 rates of pay, hours of employment, or conditions of employment, and completely disestablish Sunshine Association. (b) Immediately post copies of the following notice in conspicuous places throughout its Long Island City plant and maintain such notices for a period of at least sixty (60) days from the date of posting of said notice : NOTICE TO OUR EMPLOYEES Loose-Wiles Biscuit Company states: 1. Employees are free to join or assist any union of their choice without fear of discrimination. 2. It will not in any manner interfere with , restrain, or coerce its employees in the exercise of their right , to self-organization, to bargain collectively through representatives of their own choosing, or to engage in concerted activities - for the purpose of collective bargaining or other mutual aid or protection. 3. It will not dominate or interfere with the administration of Sunshine , Association, or with the formation- or administra- tion of any other labor organization , and will not contribute financial or other support to Sunshine Association , or any other labor organization of its employees. 4. It will not recognize or deal with Sunshine Association as a representative of its employees , or any of them, for the pur- pose of collective bargaining or the adjustment of grievances and said Sunshine Association is completely disestablished as such representative. 5. Its contract, dated March 7, 1941 , with Sunshine Associa- tion has been canceled, but existing wages, hours of work, and conditions of employment will remain in effect. Dated - ------------- (c) Notify the Regional Director of the National Labor Relations Board for the Second Region within ten (10) days after the receipt of a copy of this order what action the respondent has taken to comply therewith.