Crowther Brothers Milling Co.

National Labor Relations Board - Board Decisions

Sep 11, 1942

43 N.L.R.B. 1260 (N.L.R.B. 1942)

In the Matter Of, CROWTHER BROTHERS MILLING COMPANY and FLOUR,
FEED AND GRAIN ELEVATORS, LOCAL No. 23085, A: F., L.
Case No. C-2301.=Decided September 11, 1942
Jurisdiction : grain processing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : enteredion stipulation.
Mr. Gerald P. Leicht, for the Board.
Jones, Pomeroy cC Jones', of Pocatello, Idaho, for the respondent.
Mr. August Rosquiet, of Pocatello, Idaho, for the Union.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
ORDER'
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Flour, Feed and
Grain Elevators, Local No. 23085, affiliated with the American Fed-
eration of Labor, herein called the Union, the National Labor Rela-
'tions Board, herein called the Board, by the Regional Director for the
Nineteenth Region (Seattle, Washington), issued its complaint, dated
July 7, 1942, against Crowther Brothers Milling- Company, Malad
City, Idaho„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), (3), 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
notice of hearing, were duly served upon the respondent and the
Union.
The complaint alleged in substance that the respondent : (1) inter-
fered with, restrained, and coerced its employees in the exercise. of
the rights guaranteed in Section 7 of the Act by engaging, inter alia, in,
,the following conduct: (a) stating to its employees that the respondent
,would cease or curtail the operations of its plant if the Union succeeded
in organizing the employees at the plant, (b) attempting to induce
certain employees to withdraw from the Union, (c) compelling an
43 N. L. R. B., No. 200.
1260
CROWTHER BROTHERS MILLING COMPANY 1261
employee, by threat of discharge, to sign a request for withdrawal front
the Union, (d) discharging an employee for his refusal to withdraw-,
from the Union and offering to reinstate him on the condition that he
withdraw from the Union; (2) discharged numerous employees, and
thereafter failed and refused to reinstate them, because they had joined
and assisted the Union and engaged in concerted activities for the pur-
poses of collective bargaining and other mutual aid and protection;
,(3) on and after , specified dates refused 'to bargain collectively with
the Union, although the Union had been designated by, the 'majority
of the respondents employees within an appropriate unit as their rep-
resentative for the purposes ,of collective bargaining.
On July 16, 1942, the respondent filed an answer to the complaint
which denied that the respondent had engaged in the alleged unfair
labor practices and set forth certain affirmative defenses.
Prior to hearing , the respondent , the Union , and counsel for,the
Board entered into a stipulation dated August 10, 1942, in settlement_
of the case , subject to the approval of the Board. This stipulation
provides as follows :
STIPULATION
An amended charge having been filed by Flour. Feed and Grain
Elevators , Local No. 23085, affiliated with the American Federation
of Labor, with the Regional Director ' of the National Labor Rela-
tions Board, hereinafter called the Board, for the Nineteenth Re-
gion ; the Board thiough its Regional Director having issued and
served a complaint , an answer to said complaint having 'been filed
by Crowther Brothers Milling- Company , hereinafter called 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 and between the parties
hereto : u
I
The Respondent is a corporation , duly, organized under and
existing by virtue of the laws of the State of, Idaho, with its
office and place of, business at Mal ad City , Idaho. The respondent
is engaged -in the business of buying, processing and selling grain,
flour and feed . During the first half of the year 1942 the Respond-
ent in the operation of said business purchased raw materials,
supplies and equipment of the approximate cost of $225 ,000.00: Of
this amount approximately 2% was purchased by the respondent
and shipped to its plant at Malad City, Idaho from outside the
State of Idaho. During said period the gross sales of the Respond-
ent were , approximately $310,000.00. Of this , amount approxi-
mately 62 % was sold and shipped outside the State of Idaho. Re-
,A
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spondent admits that it is, and for more than six months last past,
has been engaged in interstate commerce within the meaning of
the National Labor Relations Act.
II
Flour, Feed and Grain Elevators, Local No. 23085, chartered
by the American Federation of Labor, is a labor organization
within the meaning,of Section 2, subsection (5) of the National
Labor Relations Act, and admits to membership employees of the
Respondent.
III
All the employees of the Respondent in its Malad City plant,
exclusive of office and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining within the -
meaning of Section 9, subsection (a) of the National Labor Rela-
tions Act. I
IV
At all times since on and before March 25, 1942 a majority of
the employees of the Respondent in the unit described above have
designated Flour, Feed and Grain Elevators, Local No. 23085 as
their representative for the purposes of collective bargaining with
the Respondent with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
V
The Respondent withdraws its answer on file but by so doing
does not admit the truth of the allegations in the complaint except
in so far as they are adriiitted in this stipulation.
VI
The amended charge, complaint, notice of hearing, and affidavit
of service thereof, orders postponing hearing and -affidavits of
service thereof, and this stipulation shall constitute the entire
record in this matter and shall be entered in the record by filing
with the Chief Trial Examiner of the National Labor Relations
Board, Washington, D. C. All parties expressly waive their right
to a hearing in this matter and to appear in person or otherwise
to give testimony, examine or cross-examine witnesses, as provided
in Section 10 (b) of the National Labor Relations Board Rules
and Regulations, Series 2, as amended, and all the parties expressly
waive the making of findings of fact and, conclusions of law by
the Board.' ' , '
CROWTHER BROTHERS MILLING COMPANY.
VII
1263
The Board may, upon the basis of the entire record herein, make
and enter the following order : '
The respondent , Crowther Brothers Milling Company, its
agents, officers , successors and assigns , shall,
1. Cease and desist :
(a), From discouraging membership of its employees in Flour,
Feed and Grain Elevators , Local No. 23085, or any other labor
organization of its employees , by discharging , laying off, or failing
or refusing to reemploy any of its employees or in any other man-
ner discriminating against any of its employees with respect to
hire or tenure of employment , or any term or condition of em-
ployment , or threatening to take any such action.
(b) From refusing to recognize or bargain collectively with
Flour, Feed and Grain Elevators Local No. 23085, A . F. L., as
the exclusive representative of all ' its employees at its Malad City
plant, exclusive of office and supervisory employees , with respect
to rates of'pay , wages, hours of employment and other conditions
of employment.
(c) 'From in any other 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 bar
gain collectively through representatives of their own choosing
for the purposes of collective bargaining or other mutual aid or
protection , as guaranteed in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action in order to effectuate
the purposes of the Act :
(a) Offer to the following named employees full and immediate
reinstatement to their former , positions without prejudice to their
seniority or other rights and privileges : Heber Evans and William
Thomas.
(b) Make whole the following' named employees for any loss
of pay they have suffered by reason of any alleged discrimination .
against them by the Respondent by the payment to them of the
sums of money set after their names : Heber 'Evans-$170.00;
William Thomas-$83.40; J' Lester Jones-$42.40; and William
Thorpe-$44.80.
(c) Upon request, bargain collectively with Flour, Feed and
Grain Elevators , Local No. 23085, A. F. L., as the exclusive repre-
sentative of all the employees of the Respondent in its Malad City,
Idaho plant, exclusive of office and supervisory employees with
respect to rates of pay, wages, hours of employment and other
conditions of employment.
,1264 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
(d) Post immediately in conspicuous places in its plant, and
maintain for a period of at least sixty ( 60) days from date of
posting , notices to its employees stating that ( 1) Respondent will
not engage , in the conduct from which it is ordered to cease and
desist in Paragraph 1 (a), (b) and (c) of this order; (2) they
will take the affirmative action `set forth in Paragraphs 2 (a), (b)
and (c) of this order; and (3) the'einployees of the Respondent
are free to become or remain members of Flour, Feed and Grain
Elevators, Local No. 23085, A. F. of L., and Respondent will'not
discriminate against any employee because of membership in or
activity ' on behalf of said organization.
(e) Notify the Regional Director for the Nineteenth Region in
writing within ten (10) days from the date of this order what
steps Respondent has taken to comply herewith. ,
VIII
The parties expressly consent and agree to the entry of; by
the United States Circuit Court of Appeals for the Ninth Circuit;
upon application ' by the Board, a decree enforcing the order of
the Board as above set forth, with further notice of said applica-
tion, and the Respondent waives the right to make any objection
to the entry of such decree.
IX
The execution of this stipulation and entry of said decree shall
conclude a l l proceedings before ' the board in the above entitled
case. - '
X
-That the entire agreement is contained within the terms of this
stipulation and that there is no verbal agreement of any kind
which varies, alters , or adds to this stipulation.
XI
That this stipulation is subject to the approval of the Board and
shall become effective immediately upon the granting of such
approval. _
On August 25, 1942, the Board issued its order approving the stipu-
lation and making it a part of the record herein, 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'tile provisions of the stipulation.
CROWTHER BROTHERS MILLING COMPANY, 1265
Upon the basis of the above stipulation and the entire record in the
'case, the Board n akes the following :
FINDINGS,OF FACT
1. THE BUSINESS OF THE RESPONDENT'
Crowther Brothers Milling Company is an Idaho corporation with
its office and place of business at Malad City, Idaho. It is engaged in
the business of buying, processing, and selling grain, flour, and feed.'
During the first 6 months of the year 1942, the respondent purchased
raw materials, supplies, and equipment valued at approximately
$225,000, 2 percent of which was shipped to, the respondent from points
outside the State of Idaho. During the same period the value of
finished products processed at the plant was approximately $310,000,
62 percent of which represented shipments to points outside the State
of Idaho. The respondent admits that it is engaged; in commerce
within the meaning of the Act.
We find that the above-described, operations 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 respondent, Crowther Brothers Milling Com-
pany, its agents, successors, and assigns, shall:
1. Cease and desist :
(a) From discouraging membership of its employees in Flour,
Feed and Grain Elevators, Local No: 23085, or any other,labor organi-
zation of its employees, by discharging, laying off, or failing or, refus-
ing to reemploy any of its employees or in any, other manner dis-
criminating against any of its employees with respect to hire or tenure
of employment, or any term or condition of employment, or threatening
to take any such action;, ,
(b) From refusing to recognize-or bargain collectively with Flour,
Feed and Grain Elevators Local No. 23085, A. F. L., as, the exclusive
representative of all its employees at its Malad City plant, exclusive
of office and supervisory employees, with respect to rates of pay; wages,
hours of employment and other conditions of employment;
(c) From in any other manner interfering with, restraining, or
coercing its employees in the exercise of their rights to self-organiza-
tion, to form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing for -the purposes of
481039-42-vol 43-80 ^
I
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action in order to effectuate the
purposes of the Act :
(a) Offer to the following named employees, full and immediate
reinstatement to their former positions without prejudice to their
seniority or other rights and privileges : Heber Evans and William
Thomas;
(b) Make whole the following named employees for any loss of pay
they have suffered by reason of any alleged discrimination against
them by the respondent by the payment to them of the sums of money
set after their names : Heber Evans-$170; William Thomas-$83.40;
J. Lester Jones-$42.40; and William Thorpe-$44.80;
(c) Upon request, bargain collectively with Flour, Feed and Grain
Elevators, Local No. 23085, A. F. L., as the exclusive representative of
all the employees'of the respondent in its Malad City, Idaho, plant,
exclusive of office and supervisory employees, with respect to rates of
pay, wages, hours of employment, and other conditions of employ-
ment ;
(d) Post immediately in conspicuous places in its plant, and main-
tain for a period of at least sixty (60) ,days from date of posting,
notices to its employees stating that (1) the respondent will not engage
in the conduct from which it is ordered to cease and desi'st in para-
graphs 1 (a), (b), and (c) of this order; (2) the respondent will take`,
the affirmative action set forth in paragraphs 2 (a), (b), and (c) of
this order; and (3) the employees of the respondent are free,to become
or remain members of Flour, Feed and Grain Elevators, Local, No.
23085, A. F. L., and the respondent will not discriminate against any
employee because of membership in or activity on behalf of said'
organization;
- (e) Notify the- Regional Director for the Nineteenth Region in
writing within ten (10) days from the date of this order what steps
the respondent has taken to' comply herewith.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order. \ -