Chas Norteman

National Labor Relations Board - Board Decisions

Jul 29, 1942

42 N.L.R.B. 1022 (N.L.R.B. 1942)

In the Matter of CH 1s N ORTEMAN and INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, CHAUFFEURS, WVAREHOUSEMEN, AND HELPERS OF AMER-
ICA, LOCAL No 697, AFFILIATED WITH THE A F OF L.
Case No C-?263-Decided July 29, 1942
Jurisdiction . meat, poultry, and dairy products distributing and processing
industry
Settlement stipulation pi oN iding for compliance Ni ith the Act
Remedial Orders entered on stipulation
Air TV G Stwar t Shermnan, for the Board
Air Raymond C. Norternan2, of Wheeling, West Va , for the Iespond-
ent
Mr Leroy C Gosnell, of Wheeling, West Va, for the Union
Miss Melrvern R Ki elow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF 1HE CASE
Upon charges and amended charges duly filed by International
Brothel hood of Teamsters, Chauffeurs, Warehousemen and Helpers of
Amer tea, Local No. 697, affiliated with the A F of L , herein called
the Union, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Sixth Region (Pittsburgh,
Pennsylvania), issued its complaint dated June 5, 1942, against Chas.
Norteman, Wheeling, West Virginia, herein called the respondent,
alleging that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce, within the meaning of Sec-
tion 8 (1) and (5) 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 a notice of hearing, were duly served upon
the respondent and the Union.
Concerning the unfan labor practices, the complaint alleged, in
substance, that the respondent (1) through certain named persons,
committed, authorized, instigated, and acquiesced in statements and
conversations tending to discourage activities on the part of his em-
ployees for the purposes of collective bargaining and other mutual
42N L R B, No 189
1022
CHAS. NORTEMAN 1023
aidl and protection and tending to'discourage membership and activity
in the Union, made inquiries of individual employees to ascertain the
of Nations of his employees with the Union , and made statements
encouraging and inducing his employees in the truck-driving depart-
ment to withdraw of resign from the Union, (2) on and after Novem-
ber 14, 1941, refused to ,bargain collectively with the Union, although
the Union had been designated by the majority of the respondent's
eiriployees within an appropriate unit as their representative for the
purposes of collective bargaining, (3) on or- about January 6, 1942,
refused to bargain collectively with the Union, in that he summoned
all of his truck drivers to a meeting and induced and persuaded all of
said employees who were members of the Union to resign fiom the
Union for the purpose of avoiding his obligation to bargain with the
Union, and (4) by the foregoing acts interfered with, restrained, and
coerced his employees in the exeicise,of the eights guaranteed in Section
7of the Act o
Prior to a hearing, the respondent, the Union, and counsel for the
Board, entered into a stipulation dated June 17, 1942, in settle-
ment of the case, subject to the approval of the Board This stipula-
tion provides as follows:
WhEREAS, it is the mutual desire of Chas Norteman, and Inter-
national Biotherhood of Teamsters,' Chauffeurs, Warehousemen,
and Helpers of America, Local No 697, to settle amicably any
differences that have arisen between them, with the sincere belief
that such a settlement will be in the best interests of all parties
concerned,
It is hereby stipulated-by and amongst Chas Norteman, heie-
inafter referred to as the Respondent , International Brotheihood
of Teamsters , Chauffeurs , Warehousemen , and Helpers of Amer-
ica, Local No 697, affiliated with the American Federation of
Labor, hereinafter referred to as the Union, and W G Stuart
Sheiman, Attorney , National Laboi Relations Board, that
I
Upon charges duly filed by the Union, the National Labor
Relations Boara, by John F LeBus , Acting Regional Director
for the Sixth Region (Pittsburgh, Pennsylvania), acting pur-
suant to authority granted in Section 10 (b) of the National
Labor Relations Act, 49 Stat 449, hereinafter referred to as the
Act, and acting puisuant to its Rules and Regulations-Series 2,
as amended, Article IV, Section 1, issued its Complaint and
Notice of Hearing on June 5, 1942, against Chas Norteman,
Respondent herein.
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II
Copies of Complaint and Notice of Hearing thereon, the
amended chaige, and the National Labor Relations Boaid Rules
and Regulations-Series 2, as amended, were duly served upon
the Respondent, and the Union on June 6, 1942, said hearing
being scheduled for June 18, 1942, at 10 00 A Al (E W T )
in the Circuit Couit Room, City-County Building, Wheeling,
West Virginia -
The Respondent filed no answer to the Complaint
III
This Stipulation, together with the amended Charge, the Na-
tional Labor Relations Board Rules and Regulations-Series 2,
as,)amended, the Complaint and Notice of Hearing, Affidavit of
Service of said Complaint and Notice of Heai mg, shall consti-
tute the entire iecoid in this case and may be filed with the
Chief Trial Examiner of the National Labor Relations Board,
Washington, D C.
IV
All the paities hereto' waive their right to a hearing and to the
making of Findings of Fact and Conclusions of Law by the
National Labor Relations Board herein, and to any other or
further procedure before said Board.
V.
Respondent is and has been since on or about January 16,
1922, engaged in business as an individual in the processing sale,
and disti ibution of vai sous types of meats, poultry, fish, sausages,
and dairy products, and the Respondent is now and has con-
tinuously been engaged at its places of business un ' Wheeling,
West Virginia and at Bellaire, Ohio in the buying, selling, and
otherwise dealing in meats, fish, and dairy products
VI
During the year 1941, the Respondent purchased ovei $400,000
worth of various types of meat, fish , and dairy products Of such
purchases approximately 50% was made from packing houses and
meat packers whose headquarters are located outside the State
of West Virginia The aforesaid meat products were shipped
from Illinois , Wisconsin , Ohio and other states of the United
CHAS NORTEMAN 1025
States via i ai_lroad and trucking, line to the Respondent's places
of business in West Virginia and Bellaire, Ohio
During the year 1941 the Respondent's total gross sales of meat
and meat products amounted to approximately $650,000. Of this
amount approximately 60% constituted sales of sausage, meats,
boiled ham, bacon, etc , which were piocessed and sold within
the State of West Virginia Approximately 40°Jo of the gross
sales pertain to such items as,pork loins, beef, veal, fish, cheese,
and poultiy which are distiibuted both within the State of West
Viiginia and within the State of Ohio. Approximately 10%
of the total sales of $650,000 represents the amount of meat of
various types which is shipped into and sold in the State of
Ohio by the Respondent Meats are transportdd and distributed
in the State of Ohio by means of trucks owned and opeiated by
the Respondent The Respondent owns and operates a wholesale
meat-packing business located in Wheeling, West Virginia to
which is also attached a ietail store The Respondent also owns
and operates a retail stoie in Bellaire, Ohio The Respondent
stipulates and agrees that it is engaged in interstate commerce
within the meaning of Section 2, subdivisions (6) and (7) of the
Act
VII
International Brotherhood of Teamsteis, Chauffeurs, Ware-
housemen, and Helpers of America, Local No 697, affiliated with
the Ameiican Federation of Labor, is, a labor organization within
the meaning of Section 2, subdivision (5) of the Act.
VIII
All of the truck driveis engaged in the Respondent's Truck
Driving Department, constitutes a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9
of the Act and in order to insure to the employees the full benefit
of their right to self-organization and collective bargaining and
otherwise to effectuate the policy of the Act
IX
It is hereby agreed by and amongst the paities that the Union
is and has been since November 14, 1941, and continues to be up
to and including the date of the signing of this Stipulation the
representative for the purposes of collective bargaining of a
majority of the employees described above in paiagraph 8 herein
Upon this Stipulation and upon the Record herein, an Order
472814-42-N of 42-65 1
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
may forthwith be entered by the National Labor Relations Board
as follows
1. Respondent, Chas Norteman, its officers, agents, successors,
and assigns, shall cease and desist from
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to form, noun, or assist
labor organizations, to bargain collectively through representa-
tives 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;
(b) Refusing to bargain collectively with the \International
Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Help-
ers of America, Local 697, affiliated with the American Federation
of Labor, as the exclusive representative of the truck drivers nn
its Truck Driving Department in respect to rates of pay, wages,
hours of work, and other conditions of employment
2 Respondent, its officers, agents, successors, and assigns, shall
take the following affirmative action to effectuate the purposes
and policies of the National Labor Relations Act •
(a) Upon request, bargain collectively with the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Help-
ers of America, Local 697, affiliated with the American Federation
of Labor, as the exclusive representative of the truck drivers in
its Truck Driving Department, in respect to i ates of pay, wages, '
hours of work, and other conditions of employment.
If an understanding is reached on any of such matters, embody
said understanding in a written, signed agreement, if requested
to do so by International Brotherhood of Teamsters, Chauffeurs,
Warehousemen, and Helpers of America, Local 697, affiliated
with the American Federation of Labor
(b) Post immediately in conspicuo is places, at its place of busi-
ness and maintain for a period of at least sixty (60) consecutive
days from the date of posting, a notice to its employees stating :
(1) That Chas Norteman will not engage in the conduct from
which it is ordered to cease and desist in Section 1 (a) and (b)
of this Order. '
(2) That Chas Norteman will take the affirmative action set
forth in Section 2 (a) of this Order.
(3) That Chas. Norteman truck drivers are free to become or
remain members of International Brotherhood of Teamsters,
Chauffeurs, Warehousemen, and Helpers of America, Local No
697, affiliated with the American Federation of Labor, and Chas
Norteman will not discriminate against any employee because of
his membership or activity in this labor organization `
CHAS. NORTEMAN 1027
(c) File with the Regional Director of the Sixth Region,
within Ten (10) days from the date of the entry of this Order
'a report in wiiting setting forth in detail the manner and form
in which it has complied with the foregoing requirements con-
sistent with the provisions of this Order.
XI
Respondent hereby consents to the entry by the United States
Circuit Court of Appeals for the appropriate circuit, upon appli-
cation of the National Labor Relations Board, of a consent
decree enforcing the Order of the National Labor Relations
Board substantially in the form set forth in Paragraph X above,
and hereby waives further notice of the application for such
decree.
XII
It is understood and agreed that this Stipulation embodies the
entire agreement between the par ties, and there is no verbal agree-
ment of any kind which varies, alters, or adds to this Stipulation.
XIII
It is under stood and agreed further that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall become effective immediately upon receipt of notice
gianting such approval ,
On July 16, 1942, the Board issued its order approving the above
stipulation, making it part of the i ecord in the case, 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 entry of a decision and order by the
Board pursuant 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
Chas Norteman, an individual, is engaged in Wheeling, West Vir-
ginia, and Bellane,'Ohio, in the buying, processing, sale, and distribu-
tion of meats, poultry, fish, sausages, and dairy products During
1941, the respondent purchased meat, fish, and dairy products valued
in excess of $400,000, of which approximately 50 percent was shipped
from points outside the State of West Virginia During the same
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I
period, the respondent's sales of meat and meat products amounted
to approximately $650,000 Of this amount, approximately 60 percent
constituted sales of products which were processed and sold within
the,State of West Virginia Approximately 40 percent of the gross
sales pertain to products which were distributed both within the State
of West Virginia, and within the State of Ohio Approximately 10
percent of the total sales of $650,000 represented products which the
respondent shipped into and sold in the State of Ohio The respond-
ent owns and operates a wholesale meat-packing business located in
Wheeling, West Virginia, to which is also attached a retail store
The respondent also owns and operates a retail store in Bellaire, Ohio.
The respondent admits that he is engaged in commence within the
meaning of the Act
We find that the above-described operations constitute a continuous
flow of ti ade, 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 respondent, Chas Norteman, his agents, successors,
and assigns, shall
1 Cease and desist fn om
(a) In any manner interfering with, restraining or coercing its em-
ployees in the exercise of their right to form, loin, or assist labor oigan-
izations, to bargain collectively through representatives of their own
'choosing, and to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection, as guar anteed in
Section 7 of the National Labor Relations Act;
(b) Refusing to bargain collectively with the Intei national Br other-
hood of Teamsters, Chauffeurs, Warehousemen, and Helpers of Amer-
ica, Local 697, affiliated with the American Federation of Labor, as the
exclusive representative of the truck drivers in its Truck Driving De-
partment in respect to rates of pay, wages, hours of work, and other
conditions of employment
2 Respondent, its officers, agents, successors, and assigns, shall take
the following affirmative action to effectuate the purposes and policies
of the National Labor Relations Act.
(a) Upon request, bargain collectively with the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers, of
America, Local 697, affiliated with the American Federation of Labor,
as the exclusive repi esentative of the truck drivers in its Truck Driving
Department in respect to i ates of pay, wages, hours of work, and other
conditions of employment
CHAS. NORTEMAN 1029
If an understanding is reached on any of such matters, embody said
understanding in a written , signed agreement , if requested to do so by
International Brotherhood of Teamsters , Chauffeurs , Warehousemen,
and Helpers of America , Local 697, affiliated with the American Fed-
eration of Labor. .
(b) Post immediately in conspicuous places at its place of business
and maintain for a period of at least sixty ( 60) consecutive days from
the date of posting, a notice to its employees stating :
(1) That Chas Norteman will not engage in the conduct from which
it is ordered to cease and desist in Section 1 (a) and (b) of^this Order.
(2) That Chas. Norteman will take the affirmative action set forth
in Section 2 (a) of this Order
(3) That Chas Norteman truck drivers are free to become or remain
members of International Brotherhood of Teamsters , Chauffeurs,
Warehousemen , and Helpers of America , Local No 697 , affiliated with
the American Federation of Labor, and Chas Norteman will not dis-
criminate against any employee because of his membership or activity
in this labor organization
(c) File with the Regional Director of the Sixth Region, within Ten
(10) days from the date of the entry of this Order a report in writing
setting forth in detail the manner and form in which it'has complied
with the foregoing requirements consistent with the provisions of this
Order.
MR GERARD D . REILLY took no part in the considei ation of the above
Decision and Order