American Bakeries Co.

National Labor Relations Board - Board Decisions

Apr 28, 1942

40 N.L.R.B. 897 (N.L.R.B. 1942)

In the Matter of AMERICAN BAKERIES COMPANY and MOTOR TRANSPORT
AND ALLIED SERVICE WORKERS ' LOCAL No. 400, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS and BAKERY AND CONFEC-
TIONERY WORKERS INTERNATIONAL UNION OF AMERICA , LOCAL 219,
AFFILIATED WITH THE AMERICAN FEDERATON OF LABOR , PARTY TO A
CONTRACT
Case No. C-2171.-Decided April 28, 1941
Jurisdiction : baking industry.
Settlement : stipulation providing for compliance with the Act
Remedial Orders : entered on stipulation.
Mr. Alexander E. Wilson, Jr., for the Board.
Mr. Chas. R. Roberts, of Miami, Fla., for the respondent.
Mr. Kenneth L. Zink, of Miami, Fla., for the Q. I. O.
Mr. Curtis R. Sims, of Chattanooga, Tenn., for Local 219.
hiss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
Upon charges duly filed by the Motor Transport and Allied Serv-
ice Workers ' Local No. 400, affiliated with the Congress of Industrial
Organizations , herein called the C. I. 0., the National Labor Rela-
tions Board, herein called the Board , by the Regional Director for
the Tenth Region ( Atlanta , Georgia ), issued its complaint, dated
April 14. 1942, against American Bakeries Company, Atlanta,
Georgia, 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 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, the C. I. 0., and Bakery and
Confectionery Workers International Union of America , Local 219,
affiliated with the American Federation of Labor, herein called Local
40 N L R 13, No. 158.
45. 771-42-vol 40--57 897
898 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
219, a labor organization which, is a party to a contract with the
respondent. -
Concerning the unfair labor practices, the complaint alleged in
substance (1) that the respondent on or about September 13, 1941.
entered into a collective bargaining agreement with Local 219 which
agreement required membership in Local 219 as a condition of the em-
ployment of all the respondent's employees, excluding supervisory
employees and clerical employees, although at the time of the exe-
cution of said agreement Local 219 had been assisted by unfair labor
practices on the part of the respondent and was not the freely chosen
representative of the employees covered by the agreement; (2) that
the respondent continues to recognize Local 219 pursuant to the terms
of said agreement; (3) that the respondent, by its officers, agents, and
supervisory -employees, since August 10, 1941, warned its employees
not to become or remain affiliated with the C. I. 0., threatened its
employees with discharge, loss of work or other discipline, if they
joined or remained members of the C. I. 0., urged, persuaded, and
encouraged its employees to join and remain members of Local 219,
urged its employees to withdraw their membership from the C. I. O.
and to affiliate, with Local 219, discharged employees pursuant to the
terms of its agreement with Local 219; and (4) that the respondent
by the foregoing acts interfered with, restrained, aiid coerced its
employees in the exercise of the rights guaranteed in Section 7 of the
Act.
Prior to a hearing the respondent, the C. I. 0., Local 219, and coun-
sel for the Board entered into a stipulation dated April 17, 1942, sub-
ject to the approval of the Board, in settlement of the case. This
stipulation provides as follows :
Charges having been filed by Motor Transport and Allied Serv-
ice Workers', Local No. 400, Affiliated with the Congress of In-
dustrial Organizations (Hereinafter referred to as the CIO
Union), with the Regional Director of the National Labor Rela-
tions Board (hereinafter called the Board) for the Tenth Region,
Atlanta, Georgia, alleging that American Bakeries Company
(hereinafter called the Respondent) has engaged in unfair labor
practices within the meaning of Section 8, subsection (1) of the
National Labor Relations Act; the Board, through its Regional
Director, having issued and served a complaint stating the charge,
service of which is hereby acknowledged by the parties; the right
to file an answer having been waived by the Respondent; and it
being the desire of the parties to conclude all proceedings before
the Board in this case;
It is hereby stipulated and agreed by American Bakeries Com-
pany; Motor Transport and Allied Service Workers' Local No.
. AMERICAN BAKERIES COMPANY 899
400, affiliated with the Congress of Industrial Organizations;
Local Union No. 219 , Bakery and Confectionery Workers Inter-
national Union of America , and Alexander E. Wilson, Jr.; Re-
gional Attorney for the National Labor Relations Board, as
follows :
1. Respondent , American Bakeries Company is a Florida cor-
poration , with its main office and place of business in Atlanta,
Georgia. American Bakeries Company has for a long period of
time operated a plant in Miami, Florida , engaged in the produc-
tion, manufacture , sale and distribution of bread, rolls and bakery
products.
2. During the period from January 1, 1941, to December 31,
1941, Respondent purchased materials and supplies for its Miami
plant amounting to $180,000. Of this amount more than 50%
represented purchases from outside the State of Florida. All of
said purchases reached the Miami plant by rail and interstate
motor carriers. -
3. During the period from January 1, 1941 , to December 1,
1941, the Respondent , at its Miami plant , produced , manufac-
tured, sold and distributed bakery products amounting in value
to $560,000. Of this amount, 100% was sold within the State
of Florida.
4. The Respondent employs at its Miami plant, approximately
96 persons , of whom approximately 54 are classified as mainte-
nance and production or "inside" ' employees . There is a seasonal
fluctuation of approximately 20% in the number of employees
stated herein.
5. The Respondent operates bakeries in the States of Virginia,
North Carolina, South Carolina, Georgia, Florida, Louisiana,
Alabama, and Tennessee.
6. For the purposes of this stipulation only, Respondent sub-
mits to the jurisdiction of the National Labor Relations Board.
7. Motor Transport and Allied Service Workers', Local No. 400,
Affiliated with the Congress of Industrial Organizations, and
Local 219, Bakery and Confectionery Workers International Un-
ion of America , affiliated with the American Federation of Labor,
are each labor organizations within the meaning of Section 2,
sub-division ( 5) of the National Labor Relations Act.
8. The parties hereto waive their rights to a hearing, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board and to any other and further procedure
before said Board.
9. The above described charge, complaint and notice of hear-
ing, affidavit as to service of said complaint and notice of hear-
in, the National Labor Relations Board Rules and Regulations-Z!,
11
goo DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Series 2, as amended, and this stipulation shall constitute the
entire record in this case . This record shall be filed with the
National Labor Relations Board by transmitting the same to
the Chief Trial Examiner of the said Board at Washington, D. C.
10. The parties hereby 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:
ORDER
The Respondent, American Bakeries Company, its officers,
agents, successors and assigns , shall take the following action :
1. Shall not : '
(a) Give effect to, the agreement entered into with Local
Union 219, Bakery and Confectionery Workers International
Union of America, on or about September 13, 1941, or any
modification or extension thereof, or any other contract here-
tofore made between Respondent and Local Union 219, Bakery
and Confectionery Workers International Union of America.
(b) Discourage membership in Motor Transport and Allied
Service Workers', Local No. 400, affiliated with the Congress of
Industrial Organizations , or any other labor organization, of
its employees by discrimination in regard to hire or tenure of
employment or any terms or conditions of employment.
(c) In any other manner interfere with, restrain or coerce
its employees in the exercise of the right of the employees 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
choosing, and to engage in concerted activities for the purpose
guaranteed in Section 7 of the Act.
2. Take the following affirmative action to effectuate the
policy of the National Labor Relations Act:
(a) Withdraw all recognition from Local Union 219, Bakery
and Confectionery Workers International Union of America,
affiliated with the American Federation of Labor, as the rep-
resentative of any of its employees for the purpose of dealing
with the Respondent concerning grievances, labor disputes,
wages, hours of employment, or other conditions of employ-
ment.
(b) Immediately upon execution of this stipulation post
copies of the notice attached hereto and made a part hereof,
i
AMERICAN BAKERIES COMPANY 901
marked Appendix "A",1 in conspicuous places throughout the
Respondent's Miami plant and maintain such notices for a
period of sixty (60) consecutive days from the date of posting
of such notice.
(c) Notify the Regional Director of the National Labor
Relations Board for the Tenth Region, within ten (10) days of
the date of the approval by the National Labor Relations Board
of this stipulation, upon which this order is based, what steps
the Respondent has taken to comply therewith.
11. Upon application by the Board, without further notice tv
the parties, the United States Circuit Court of Appeals for the
Fifth Circuit, or any other appropriate Court, as provided for
in Section 10 (c) of the Act, may enter a decree embodying sub-
stantially the above order of the Board, and the parties expressly
waive their right to contest the entry of such decree.
12. The entire agreement between the parties is contained with-
in the terms of this instrument and there is no verbal agreement
of any kind which varies, alters or adds to this stipulation.
13. This stipulation is subject to the approval of the National
Labor Relations Board and shall become effective immediately
upon the granting of such approval.
On April 27, 1942, the Board issued its order approving the above
stipulation making it a part of the record in the case and pursuant
to Article IT, 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 pur-
suant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record
in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
American Bakeries Company is a Florida corporation having its
principal office and place of business in Atlanta, Georgia. The re-
spondent operates a plant in Miami, Florida, where it is engaged
in the production, manufacture, sale, and distribution, of bread, rolls,
and bakery products. During 1941, the respondent purchased mate-
rials and supplies valued at $180,000, more than 50 percent of which
were shipped to its Miami plant from outside Florida. During the
same period the respondent manufactured finished products, valued at
$560,000, all of which were sold within Florida.
1 The notice is set forth as Appendix "A" to this Decision and Order.
902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
For the purpose of this proceeding , the respondent admits the
jurisdiction of the Board.
We find that the above -described operations of the respondent con-
stitute a continuous flow of trade, traffic , and commerce among the
several States.
ORDER
Upon the basis of the above findings of fact, 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 respondent, American Bakeries Company, its
officers, agents , successors , and assigns:
1. Shall not :
(a) Give effect to the agreement entered into with Local Union
219, Bakery and Confectionery Workers International Union of
America, on or about September 13, 1941, or any modification or
extension thereof, or any other contract heretofore made between
respondent and Local Union 219, Bakery and Confectionery Workers
International Union of America;
(b) Discourage membership in Motor Transport and Allied Service
Workers', Local No. 400, affiliated with the Congress of Industrial
Organizations, or any other labor organization of its employees by
discrimination in regard to hire or tenure of employment or any terms
or conditions of employment;
(c) In any other manner interfere with, restrain , or coerce its
employees in the exercise of the right of the employees 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
Act.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Withdraw all recognition from Local Union 219 , Bakery and
Confectionery Workers International Union of America , affiliated
with the American Federation of Labor, as the representative of
any of its employees for the purpose of dealing with the respondent
concerning grievances , labor disputes , wages, hours of employment,
or other conditions of employment;
(b) Immediately post copies of the notice attached hereto and made
a part hereof , marked Appendix "A", in conspicuous places through-
out the respondent's Miami plant and maintain such notices for a
period of sixty ( 60) consecutive "days from the date of posting of
such notice;
AMERICAN BAKERIES COMPANY 903
(c) Notify the Regional Director of the National Labor Relations
Board for the Tenth Region, within ten (10) days from the date of
this Order, what steps the respondent has taken to comply herewith.
APPENDIX "A"
NOTICE TO EMPLOYEES
The American Bakeries Company recognizes fully the rights of its
employees to self -organization , to form, join or assist labor organiza-
tions, 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, and states further
that:
(1) It will not give further effect to the agreement entered into
with Bakers Union No. 219 on or about September 13, 1941, or any
modification or extension thereof, or any contract between the Com-
pany and Bakers Union No. 219 in existence at this time.
(2) It will not discourage membership in Motor Transport &
Allied Service Workers', Local No. 400, affiliated with the C. I. 0.,
or Bakers Union No. 219, affiliated with the A. F. of L, or any other
labor organization of its employees , by discrimination in regard to
hire or tenure of employment or any terms and conditions of em-
ployment.
(3) It will not in any other. manner interfere with, restrain or
coerce its employees in the exercise of the rights of its employees to
self-organization , to 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 collective bar-
gaining or other mutual aid and protection , as guaranteed in Section
7 of the National Labor Relations Act.
This the 'day of April, 1942.
AMERICAN BAKERIES COMPANY.
By ----------------------------
Manager.
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