Azar & Solomon

National Labor Relations Board - Board Decisions

Sep 19, 1938

8 N.L.R.B. 1164 (N.L.R.B. 1938)

In the Matter of AZAR & SOLOMON and PECAN WORKERS LOCAL No.
172, AFFILIATED WITH UNITED AGRICULTURAL CANNING, PACKING
AND ALLIED 'WORKERS OF AMERICA
Case No. C-856.-Decided September 19, 1938
Pecan and Date Indtu.stry-Settlennentt' agreement to comply with Act-
Order : entered on stipulation.
Mr. L. N. D. Weds, Jr., for the Board.
Mr. Richard H. Meigs, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Agricultural Canning, Pack-
ing and Allied Workers of America, Pecan Workers Local No. 172,
herein called Local 172, the National Labor Relations Board, herein
called the Board, by Jay Oliver, Acting Regional Director for the
Sixteenth Region (Fort Worth, Texas), issued and duly served its
complaint, dated August 6, 1938, against Azar & Solomon, San
Antonio, Texas, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices 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.
The complaint alleged in substance (1) that the respondent is
a partnership, having its domicile and principal place of business in
San Antonio, Bexar County, Texas, Where it is engaged in the busi-
ness of purchasing, processing, selling, and distributing pecans and
dates; (2) that the respondent purchases, sells, and transports in
interstate commerce large quantities of raw materials and manu-
factured products in the conduct of its business; (3) that the re-
spondent, by its officers, agents, and employees, fostered, dominated,
contributed financial and other support to, and encouraged mem-
bership in a labor organization of its employees known as Union
De Nueceros Unidos, Inc. (Union of United Pecan Workers, Inc.).
8 N L I2 P., No 14i
1164
DECISIONS AND ORDERS 1165
sometimes known as the Rodriguez Pecan Union; and (4) that the
respondent, by its officers, agents, and employees, belittled and in-
timidated members of Local 172 in the exercise of their rights guar-
anteed by Section 7 of the Act.
Although notice of hearing was duly served, it was unnecessary to
hold a hearing in view of a stipulation dated August 13, 1938, by
which the respondent signified its consent to the issuance of an
order by the Board, in the terms stated below, and to which all
parties to the proceeding agreed.
On September 1, 1938, the Board issued an order approving the
said stipulation and making it a part of the record, and transferring
and continuing the proceeding before the Board in Washington,
D. C., for the purpose of entering a decision and order pursuant to
the provisions of the said stipulation.
Upon the basis of the stipulation and the entire record in the case,
the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a partnership composed of one George Azar
and one Richard Solomon, having its domicile and principal place
of business in San Antonio, Bexar County, Texas, and is engaged in
the business of purchasing , processing , selling, and distributing
pecans and dates.
The respondent obtains large quantities of its pecans from States
other than the State of Texas. Approximately 90 per cent of
the pecan meats which it manufactures are sold outside the State of
Texas. Approximately 100 per cent of the dates used in its business
are obtained from, and approximately 90 per cent are sold, outside
the State of Texas.
The respondent normally employs approximately 200 employees
incidental to the conduct of its business.
The respondent admits that it is engaged in interstate commerce.
II. BASIS OF THE SETTLEMENT
The stipulation between counsel for the Board, the respondent,
and Local 172 provides as follows :
It is hereby stipulated and agreed by and between the under-
signed parties to this proceeding, subject to the approval of
the National Labor Relations Board, that
1. The respondent hereby waives its right to a hearing in
this cause , and all parties expressly agree that this stipulation,
1166 NATIONAL LABOR RELATIONS BOARD
the complaint, with notice of hearing, amended charge and
National Labor Relations Board Rules and Regulations at-
tached, previously issued in this matter and duly served upon
respondent, may be introduced in the record in this proceeding
by filing with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
2. The respondent admits the allegations of paragraphs 1,
2, 3, 4, and 12 of the complaint hereinabove mentioned.
3. It is further stipulated and agreed by and between the
respective parties hereto that the National Labor Relations
Board may forthwith enter an order in the above-entitled cause
to the following effect :
(a) Respondent, Azar & Solomon, shall:
(1) Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their
rights in 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 pur-
pose of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
(2) Cease and desist from making to any of respondent's em-
ployees any anti-union statements of any character.
(3) Cease and desist from discriminating against any em-
ployee because of his membership in or activities in behalf of the
Pecan Workers Local No. 172, affiliated with United Agricul-
tural Canning, Packing and Allied Workers of America.
(4) Cease and desist from permitting Magdaleno Rodriguez
to circulate among its employees on its time and property, to
encourage said employees to join a labor organization known
as Union De Nueceros Unidos, Inc.
(5) Cease and desist from discouraging membership in Pe-
can Workers Local No. 172, affiliated with United Agricultural
Canning, Packing and Allied Workers of America, or any other
labor organization of its employees or encouraging member-
ship in Union De Nueceros Unidos, Inc., or any other labor
organization of its employees by discriminating against em-
ployees with regard to hire or tenure of employment or any
term or condition of employment.
(6) Cease and desist from dominating or interfering with or
lending encouragement to the formation of or administration
- of the Union De Nueceros Unidos, Inc., or with the formation
or administration of any other labor organization of its em-
ployees, and from contributing financial or other support to the
DECISIONS AND ORDERS 1167
Union De Nueceros Unidos, Inc., or any other labor organiza-
tion of its employees.
(b) Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
(1) Post notices in conspicuous places in its plant in the city
of San Antonio, Texas, for a period of sixty (60) days, stating
that they will cease and desist in the manner aforementioned,
said notices to be posted in both Spanish and English.
(2) Withdraw recognition from the Union De Nueceros Uni-
dos, Inc., as a representative of its employees for the purpose of
dealing with the respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment or conditions
of work. -
(3) Prohibit the use of its time and property by Magdaleno
Rodriguez and/or any other representative of the Union De
Nueceros Unidos, Inc., for the purpose of organizing its em-
ployees in the said Union De Neuceros Unidos, Inc.
(4) Post notices in both Spanish and English in conspicuous
places in its plant in the city of San Antonio stating that the
Union De Nueceros Unidos, Inc., is so disestablished and that
the respondent will refrain from any recognition thereof.
(5) Notify the Regional Director for the Sixteenth Region
in writing within ten (10) days from the date of the order of
the National Labor Relations Board of steps, respondent has
taken to comply with said order.
4. It is further stipulated and agreed by and between the
respective parties in this cause and the respondent expressly
consents to the entry by the Fifth Circuit Court of Appeals of
an Enforcement Order embodying the terms of the Board's
Order agreed to above, and the parties hereby waive further
notice of the entry of such Enforcement Order.
5. All stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
ORDER
Upon the basis of the above findings of fact and the above stipu-
lation, and upon the entire record in the case, and pursuant to Sec-
tion 10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that the respondent, Azar & Solo-
mon, San Antonio, Bexar County, Texas, its officers, agents, suc-
cessors, and assigns, shall:
1168 NATIONAL LABOlt RELATIONS BOARD
1. Cease and desist :
(a) From in any manner interfering with, restraining, or coerc-
ing its employees in the exercise of their rights in 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) From making to any of respondent's employees any anti-
union statements of any character;
(c) From discriminating against any employee because of his
membership in or activities in behalf of the Pecan Workers Local
No. 172, affiliated with United Agricultural Canning, Packing and
Allied Workers of America;
(d) From permitting Magdaleno Rodriguez to circulate among
its employees on its time and property, to encourage said employees
to join a labor organization known as Union De Nueceros Unidos,
Inc;
(e) From discouraging membership in Pecan Workers Local No.
172, affiliated with United Agricultural Canning, Packing and Allied
Workers of America, or any other labor organization of its em-
ployees or encouraging membership in Union De Nueceros Unidos,
Inc., or any other labor organization of its employees by discrim-
inating against employees with regard to hire or tenure of employ-
ment or any term-or condition of employment;
(f) From dominating or interfering with or lending encourage-
ment to the formation of or administration of the Union De Nue-
ceros Unidos, Inc., or with the formation or administration of
any other labor organization of its employees, and from contributing
financial or other support to the Union De Nueceros Unidos, Inc., or
any other labor organization of its employees.
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act :
(a) Post notices in conspicuous places in its plant in the city
of San Antonio, Texas, for a period of sixty (60) days, stating that
they will cease and desist in the manner afore-mentioned, said notices
to be posted in both Spanish and English;
(b) Withdraw recognition from the Union De Nueceros Unidos,
Inc., as a representative of-its employees for the purpose of dealing
with the respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or conditions of work;
(c) Prohibit the use of its time and property by Magdaleno Rodri-
guez and/or any other representative of the Union De Nueceros
DECISIONS AND OIIDE1tS 1169
Unidos, Inc., for the purpose of organizing its employees in the
said Union De Nueceros Unidos, Inc.;
(cl) Post notices in both Spanish and English in conspicuous
places in its plant in the city of San Antonio stating that the Union
De Nueceros Unidos, Inc., is so disestablished and that the respond-
ent will refrain from any recognition thereof;
(e) Notify the Regional Director for the Sixteenth Region-. iii
writing within ten (10) days from the date of the order of the Na
tional Labor Relations Board of ^ steps respondent has taken to
comply with said order.
Mn. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision and Order.