A. J. Pietrus & Sons

National Labor Relations Board - Board Decisions

Jun 9, 1942

41 N.L.R.B. 795 (N.L.R.B. 1942)

In the Matter of A.J. PIETRUS, N. J. PIETRUS AND J. S. PIETRUS, A CO-
PARTNERSHIP ) DOING BUSINESS AS A. J. PIETRUS & SONS, AND A. J.
`PIETRUS & SONS, INC. and AMALGAMATED MEAT CUTTERS & BUTCHER
WORKMEN OF NORTH AMERICA, LOCAL UNION 615, A. F. of L.
Case No. C-2210.-Decided June 9,191
Jurisdiction : poultry and dairy products industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
X r. Russell Packavd, for the Board.
Mr. R. F. Mack, for the respondents.
Mr. Nels Sparring, for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board. ,
DECISION
AND -
ORDER -
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Amalgamated Meat
Cutters & Butcher Workmen of North America, Local Union 615,
A. F. of L., herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the Eight-
eenth Region (Minneapolis, Minnesota) issued its complaint dated
May 13, 1942, against A. J. Pietrus, N. J. Pietrus and J. S. Pietrus, a
'co-partnership, doing business as A. J. Pietrus & Sons, and A. J.
Pietrus & Sons, Inc., a corporation, Sleepy Eye, Minnesota, herein
called the respondents, alleging that the respondents had engaged in
and were engaging in unfair labor practices affecting commerce 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 were duly served upon the Union and the respondents. -
Concerning the unfair labor practices, the complaint alleged in sub-
stance that the respondents : (1) on or about October 21, 1941, kept
their employees under surveillance during the public distribution of
union literature to said employees and interfered with the distribu-
tion of said union literature; (2). on or about October 23, 1941, posted
41-N. L R. B, No. 152.
795
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a notice to all employees at their plant discouraging membership in
and attendance at meetings of the Union and suggesting the formation
of an independent union; (3) on or^ about October 25, .1941, granted
wage increases to their employees in an effort to discourage membership
in the Union; (4) on or about February 13, 1942, attended and kept
under surveillance a meeting of their employees called by the Union;
(5) from on or about October 1, 1941, to the date of the complaint, by
the making of derogatory remarks concerning the union and other
labor organizations, indicated to their employees the respondents' dis-
approval of and opposition to the self-organization of said employees ;
and (6) by the acts set forth above, interfered with, restrained, and
coerced their employees in the exercise of the rights guaranteed in
Section 7 of the Act. On May 16, 1942, prior to the date of the sched-
uled hearing in the case, the respondents, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. The stipu-
lation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between A. J.
Pietrus, N. J. Pietru* and J. S. Pietrus, a co-partnership, doing
business as A. J. Pietrus & Sons, and A. J. Pietrus & Sons, Inc.,
a corporation, hereinafter called the Respondents, by their at-
torney; Amalgamated Meat Cutters & Butcher Workmen of
North America, Local Union 615, A. F. of L., hereinafter called
the Union, by its Representative; and Russell Packard, attorney
for the National Labor Relations Board :
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter called the Board,
by the Regional Director for the Eighteenth Region, acting pur-
suant to authority granted in Section 10 (b) of the National Labor
Relations Act and Article IV, Section 1, of the National Labor
Relations Board Rules and Regulations-Series 2, as amended,
duly issued its Complaint and Notice of Hearing on May 13, 1942,
against Respondents, alleging-that Respondents had engaged in,
and were engaging in, unfair labor practices affecting commerce
within the meaning of Section 8 (1), and Section 2 (6) and (7)
of the Act.
II
Respondents and the Union acknowledge due and timely service
of the Complaint, Notice of Hearing, and Second Amended
Charge, and expressly waive further pleadings, hearing, and the
making of, findings of fact and conclusions of law by the Board.
A. G. PIETRUS, N. J. PIETRUS, AND J. S. PIETRUS
III
797
A. J. Pietrus & Sons, Inc. is a corporation organized under and
existing by virtue of the laws of the State of Minnesota. A. J.
Pietrus, N. J. Pietrus and J. S. Pietrus are a co-partnership,
doing business under the name and style of A. J. Pietrus & Sons.
The Respondents, jointly and severally, are engaged at their joint
office and place of business at Sleepy Eye, Minnesota, in the pur-
chase, sale and distribution of poultry, eggs, feed and dairy prod-
ucts. During each of the calendar years 1940 and 1941, the Re-
spondents purchased materials amounting to $15,000.00 from
sources outside the State of Minnesota and transported such ma-
terials in interstate commerce to the Respondents' plants at Sleepy.
Eye, Minnesota. During each of the calendar years 1940 and
1941, the total sales of products by the Respondents amounted to
approximately $800,000.00, of which sum, more than 99 per cent
represents products sold and shipped in interstate commerce to
points outside the State of Minnesota. Respondents concede that
they are engaged in commerce within the meaning of Section 2 (6)
and (7) of the Act.
IV
Amalgamated Meat Cutters & Butcher Workmen_ of North
America,,Local Union 615, A. F. of L., is a labor organization
within the meaning of Section 2 (5).of the Act.
V
It is agreed that this Stipulation and-Agreement , and the ad-
missions contained herein, are made only for the purpose of this
cause and such proceedings as may relate thereto.
VI
,This Stipulation and Agreement, together with the Second
Amended Charge , the Complaint , Notice of Hearing, and the
proof of service thereof may be filed with the Chief Trial Exam-
iner of the Board at Washington , D. C., and when so filed shall
constitute the entire record in the case.
VII
Upon the entire record, as set forth in Paragraph VI above, an
order may be forthwith entered by the Board, providing as
follows :
A. J. Pietrus, N: J. Pietrus and J. S. Pietrus, a co-partnership,
doing business as A. J. Pietrus & Sons, and A. J. Pietrus & Sons,
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inc.,-a corporation, their officers, agents, successors, and assigns,
shall :
1. Cease and desist from :
(a) Discouraging membership in Amalgamated Meat Cutters
& Butcher Workmen of North America, Local Union 615, A. F.
of L., or any other legitimate labor organization of their em-
ployees, by interfering with the public distribution of union
literature to their employees; by posting of notices discouraging
membership in the Union, or attendance at its meetings, and
suggesting and encouraging the formation of a company union;
by surveillance of, and interference with Union meetings; and
by otherwise indicating to their employees disapproval of or
opposition to the self-organization of such employees.
(b) In any other manner interfering with, restraining, or
coercing their employees in the exercise of, their rights to self-
organization, to form, join or assist labor organizations, to bar-
gain collectively through representatives of their own choos-
ing and to engage in concerted activities, for the purpose of
collective bargaining or other mutual aid or protection as guar-
anteed in Section 7 of the National Labor Relations Act.
2. Shall take the following affirmative action to effectuate the
policies of the Act :
(a) Immediately post in conspicuous places throughout their
plants, and maintain for a period of sixty (60) consecutive
days from the date of -posting, notices in the form attached
hereto and incorporated herein as Appendix "A" hereof.
(b) Notify the-Regional Director for the Eighteenth Region
in writing, within ten (10) days from the date of the entry
of this Order, what steps the Respondents have taken to comply
herewith.
VIII
The parties hereby consent to the entry to an appropriate United
States Circuit Court of Appeals, upon application by the Board
thereto, of a decree enforcing the order of the Board in the terms
set forth above, and waive their rights to contest the entry of such
decree, and further, waive any and all requirements of notice of
the filing of such application by the Board, provided that a copy
of said decree shall be served upon the Respondents after its entry.
IX
This Stipulation and Agreement is subject to the approval of
the Board and shall become effective immediately upon the
granting of such approval.
A. G. PIETRUS, N. J. PIETRUS, AND J. S. PPETRUS 799
The entire agreement is contained within the terms of this
Stipulation, and there is no verbal agreement which varies or
alters the terms of this Stipulation.
On June 1, 1942, 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 Regula-
tions-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 RESPONDENTS
A. J. Pietrus, N. J. Pietrus and J. S. 'Pietrus, a co-partnership
doing business as A. J. Pietrus & Sons, and A. J. Pietrus & Sons, Inc.,
a Minnesota corporation, have their joint office and place of business
at-Sleepy Eye, Minnesota, where they are jointly and severally engaged
in the purchase, sale, and distribution of poultry, eggs, feed,•and dairy
products. During each, of the calendar years 1940 and 1941, the
respondents purchased and transported raw materials of the value
of $15,000, from sources outside the State of Minnesota, to the respond-
ents' plants at Sleepy Eye, Minnesota. During each of the calendar
years 1940 and 1941, the total sales of respondents' products amounted
in value to approximately $800,000, of which more than 99 percent
represents products sold and shipped to points outside the State of
Minnesota. The respondents admit that they are engaged in commerce
within -the meaning of the Act. -
We -find that the above-described operations of the respondents
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, 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 respondents, A. J. Pietrus, N. J. Pietrus and
J. S. Pietrus, a co-partnership, doing business as A. J. Pietrus & Sons,
and A. J. Pietrus & Sons, Inc., a corporation, their officers, agents,
successors, and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in Amalgamated, Meat Cutters &
Butcher Workmen of North America, Local Union 615, A. F. of L.,
800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or any other legitimate labor organization of their employees, by inter-
fering with- the public. distribution of union literature to ;their em-
ployees; by posting of notices discouraging membership in the Union,
or attendance at its meetings, and suggesting and encouraging the
formation of a company union; by surveillance of, and interference
with Union meetings; and by otherwise indicating to their employees
disapproval of or opposition to the self-organization of 'such
employees.
(b) In any other manner interfering with, restraining, or coercing
their 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 con-
certed activities, for the purpose of collective bargaining or other
mutual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act.
2. Shall take the following affirmative action to effectuate the
policies of the Act :
(a) Immediately post in conspicuous places throughout their plants,
and maintain for a period of sixty (60) consecutive days from the date
of posting, notices in the form attached hereto and incorporated herein
as Appendix "A" hereof.
(b) Notify the Regional Director for the Eighteenth Region in
writing, within ten (10.) days from the date of the entry of this Order,.
what steps the respondents have taken to comply herewith.
APPENDIX A
NOTICE TO EMPLOYEES
A. J. PIETRUS, N. J. PnETRus, and J. S. PIETaus, a co-partnership,
doing business as A. J. PIETRUS & SONS, and A. J. PIETRUS & SONS,
INC., a corporation, hereby notify all employees that we will not: '
1. Discourage membership in Amalgamated Meat Cutters & Butcher
Workmen of North America, Local Union 615, A. F. of L., or any
other legitimate labor organization of our employees, by interfering
with the public distribution of Union literature to the employees; r
by the posting of notices discouraging membership in the Union, or
attendance at its meetings, or encouraging the formation of a company
union : by surveillance of, or. interference with Union meetings; or by
otherwise indicating to our employees any disapproval of or opposition
to the self-organization of such employees.
2. In any other manner interfere with, restrain or coerce our employ-'
ees in the exercise of their rights 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,!
A. G. PIETRUS, N. J. PIETRUS, AND J. S. PIETRUS 801
for the purpose of collective bargaining or other mutual aid or pro-
tection, as guaranteed in Section 7 of the National Labor Relations
Act.
. 3. Each employee is free to become or remain a member of, and be
active in any -legitimate labor organization of his choice, and such
membership or activity on the part of any employee will in no way
result in any form of discrimination against that employee.
A. J. PIETRUS, N. J . PIETRUS AND J. S. PIETRUS, A Co-
PARTNERSHIP, DOING BUSINESS AS A. J. PIETRUS & SONS,
AND A . J. PIETRUS & SONS7 INC.,
By /s/ J. S. PIETRUS.
463892-42-vol 41-51