Dixie Distilled Products Co., Inc.

National Labor Relations Board - Board Decisions

Nov 21, 1941

36 N.L.R.B. 1137 (N.L.R.B. 1941)

In the Matter of DIXIE DISTILLED PRODUCTS Co., INC. and UNITED
CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF
AMERICA, C. 1.10.
Case No. C-1993.-Decided November 31, 194.1
Jurisdiction : liquor rectifying, blending, bottling, and selling industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation '
Mr. Earle K. Shawe, for the Board.
Mr. Harry Katakoff, of Memphis, Tenn., for the Company.
Mr. William Halen, of Memphis, Tenn., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by United Cannery, Agricultural, Packing
and Allied Workers of America, C. I. 0., herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Tenth Region (Atlanta, Georgia), issued
its complaint, dated August 29, 1941, against Dixie Distilled Prod-
ucts Co., Inc., Memphis, Tennessee, 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 (3) 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 unfair labor practices, the complaint alleged, in
substance, (1) that the respondent, on or about March 14, 1941, shut
down its plant and laid off and/or locked out 16 named persons
because they joined and assisted the Union and engaged in concerted
activities for the purposes of collective bargaining and other mutual
aid and protection; (2) that the respondent, on or about March 24,
1941, reopened its plant and refused to reemploy 11 of the 16 named
36 N. L R B., No. 234.
4331182-vol 36-75 1137
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
persons because they joined and assisted the Union and engaged in
concerted activities for the purposes of collective bargaining and
other mutual aid and protection; and (3) that the respondent by its
officers, agents, and supervisory employees, and more specifically by
Superintendent Tom Duncan, has at all; times since March 1941
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act,,-by- shutting down
its Memphis plant and locking out its employees; by refusing to
reemploy the employees laid off and/or locked out; by urging, per-
suading, and warning its employees to refrain from aiding, becoming,
or remaining members of the Union, or engaging in any activity for
the purposes of collective bargaining or other mutual aid or protec-
tion; by threatening its employees with discharge or other reprisals
if they aided the Union or engaged in any activity for the purposes
of collective bargaining. or other mutual aid or protection; by keep-
ing under surveillance the activities, meetings, and meeting places
of the Union and its members and of the employees and their activ-
ities; by interrogating applicants concerning their union affiliation;
by promising its employees better jobs and by reefnpldying certain
of its employees at better jobs on the condition that they withdraw
from the Union; and by expressing to its employees its hostility to
the °Union.
On September 20, 1941, prior to the scheduled hearing in the case,l
the respondent, the Union, and the Board entered into a stipulation,
subject to the approval of the Board, in settlement of the case. The
stipulation provides as follows :
A charge having been filed by United Cann e'ry, Agricultural,
Packing and Allied Workers,of America, C. I. 0:, with the
Regional Director of the National Labor Relations Board (here-
inafter called the Board) for the Tenth Region at Atlanta, Geor-
gia, on March 3rd, 1941, alleging that Dixie Distilled Products
Co., Inc., has engaged in unfair labor practices within the mean-
ing of Section 8 (1), (3) and (5) of the National Labor Rela-
tions Act, the Board through its. Regional Director having
issued and served a Complaint stating the, charges, service of
which is hereby acknowledged by, the parties; 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 Dixie
Distilled Products Co., Inc., (hereinafter called the Respond-
ent), the United Cannery, Agricultural, Packing and Allied
Workers of America, C. I. O. (hereinafter' called the Union),
' The hearing had originally been scheduled for September . 22, 1941. On September 8,
1941 , the Regional Director postponed the hearing indefinitely.
DIXIE DISTILLED PRODUCTS CO., INC. 1139
and Earle K. Shawe, Attorney , National Labor Relations Board,
as follows:
I
(1) Respondent is a corporation organized under and existing
by virtue of the laws of the State of Tennessee , having its prin-
cipal office and place of business in the City of Memphis ,- State
of Tennessee , ( hereinafter called the Memphis plant ) and is,
engaged in the rectifying , blending, bottling , and sale and dis-
tribution of liquors.
(2) Respondent , in the course of its business during the year
1940, bottled and produced liquors amounting to approximately
$75,000.00 in value, of which amount approximately forty per
cent was sold and shipped by the Respondent from the Memphis,
plant in the State of Tennessee ,to points and places outside the"
State of Tennessee.
(3) Respondent , in the course of its business during the year
1940, purchased bulk whiskey, bottles , and other supplies amount-
ing to approximately $60,000.00 in value, all of which wis-pur-
chased and transported in interstate commerce from-.and ,.through
states of the United States other than the State of Tennessee to
its Memphis Plant in the State of Tennessee.
For the purpose of this proceeding, Respondent stipulates that
it is engaged in interstate commerce within the meaning of the
National Labor Relations Act.
II
United Cannery, Agricultural, Packing and Allied Workers of
America, C . I. 0., is, and at all times herein' mentioned , has been
a labor organization within the meaning of Section 2 , subsection
(5) of the National Labor Relations Act.
III
All 'parties hereby agree that this Stipulation , together with
the Complaint, Notice of Hearing, the Charge, and a copy of the
Rules and Regulations , Series 2, as amended, shall constitute the
entire record in this case , and that said documents shall become,
the record herein by filing same with the Chief Trial Examiner-
of the National Labor Relations Board at Washington; D. C':
IV
All parties hereto expressly- waive .further pleadings, hearing
and the making of findings of fact and conclusions of law by the
Board, and expressly agree and consent that the Board may forth-
with enter an order providing as follows : Respondent, Dixie Dis-
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tilled Products Co., Inc., its 'officers, agents, successors and assigns,
shall :
1. Cease and desist from :
(a) In any 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 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) Urging, persuading or warning its employees, or any of
them at the Memphis Plant, to refrain from becoming members
of the United Cannery, Agricultural, Packing and Allied Workers
of America, C. I. 0., or any other labor organization of its
employees.
(c) Discouraging membership in the United Cannery, Agri-
cultural, Packing and Allied Workers of America, C. I. 0., or
any other labor organization of its employees, by locking out or
refusing to reinstate any of its employes, or in any other manner
discriminating in regard to hire or tenure of employment or any
other condition of employment.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to eleven employees whose names appear below, im-
mediate and full reinstatement to the same positions, or substan-
tially equivalent positions, which they held immediately prior to
March 14, 1941, without prejudice to their seniority, or other
rights and privileges.
Juliet Piercussi Marie Wagerman 2
Leona Simmons Myrtle Mercer
Martina Oldham Edna Joyce
Mrs. Elizabeth Harbison Sykes Stephens
Mary Job Snyder A-Kincey Nelms
Marian Burnett (Parish)
(b) Make whole the employees whose names appear below for
the loss of wages they may have suffered by reason of their lay-
off on or about March 14, 1941, by payment to each of them the
amount set forth opposite their respective names:
Juliet Piercussi______ $62. 50 Mary Job Snyder________ $75. 00
Leona Simmons ----- 100. 00 Marian Burnett (Parish) - 62. 50
Martina Oldham_____ 100,00 Marie Wagerman -------- 100.00
Mrs. Elizabeth Harbi- Myrtle Mercer___________ 75.00
son --------------- 100.00 Edna Joyce -------------- 75.00
2 Incorrectly designated at this point in the stipulation as Myrtle Wagerman.
DIXIE DISTILLED PRODUCTS CO., INC. 1141
(c) Post immediately in conspicuous places in the Memphis
Plant of the Respondent, and maintain for a period of at least
sixty (60) consecutive days notice to its employees, stating that:
(1) Respondent, Dixie Distilled Products, Inc., will not engage
in any of the acts or practices set forth in paragraph 1, (a) (b)
and (c) of this Order.
(2) That it will take the affirmative action ordered in para-
graph 2 (a), (b) and (c) of this Order.
(3) Respondent's employees are free' to become or remain mem-
bers of the United Cannery, Agricultural., Packing and Allied
Workers of America, C. I. 0., and that the Respondent will not
discriminate against any employee because of membership or
activity in that organization.
(d) Notify the Regional Director for the Tenth Region of the
Board, in writing, within ten days from the date of this Order,
what steps the Respondent has taken to comply herewith.
AND IT Is FURTHER ORDERED that the Complaint insofar as it
alleges that the Respondent has discriminated in regard to the
hire and tenure of employment of Selma Shipman, Mary Beasley,
Lena Cain, Edenca Granda, and Mildred Wright, be, and hereby
is dismissed.
V
It is further stipulated and agreed by and between the Re-
spondent and the Union that upon approval of this Stipulation
by the Board, the Union will request the withdrawal of those
portions of the charges alleging that the Respondent has engaged
in unfair labor practices within the meaning of Section 8 (5) of
the Act, are hereby withdrawn. In order to settle any question
of representation that may exist at the Memphis Plant, the parties
agree that upon the filing of a Petition For Investigation and
Certification by the Union that the parties will enter into a Stipu-
lation for Certification Upon Consent Election to determine any
question of representation that may be raised by said petition.
VI
It is understood that the Respondent shall have until December
1, 1941 to pay the back pay to the employees provided for in
Paragraph 2. (b) of the order, set forth above.
VII
It is further understood and agreed that only the employees
named in Paragraph 2. (b) of the order provided for herein are
entitled to receive any back pay, by reason of the lay-offs, and
1142 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
said payments by the Respondent shall be in full settlement of
all claims for back pay herein. The following employees named
in the Complaint, Selma Shipman, Mary Beasley, Lena Cain,
Edenca Granda, and Mildi-ed-Wright were reinstated on or about
March 24, 1941 to the same positions which they held immediately
prior to March 14, 1941. -
VIII
It is agreed that upon application by the National Labor Re-
lations Board, the United States Circuit Court of Appeals for
the Sixth Circuit, or any appropriate Circuit Court of Appeals
of the United States, may enter its Decree enforcing the Order
of the Board, as set forth above. All parties hereto waive all
right and privilege to receive further notice of the filing of an
application for the entry of such Decree, or to contest the entry
of such Decree. _
Ix
It is expressly understood and agreed that this Stipulation
and the Order and Decree provided for herein, shall be a com-
plete and final disposition of all the issues raised by the Charges
and Complaint in this proceeding and that no other or further
procedure, Order or Decree other than those provided for herein,
shall be instituted or made with respect to the subject matters
contained in the Charge and Complaint herein against any of the
parties to this Stipulation.
X
This Stipulation contains the entire agreement between all the
parties hereto and there is no other agreement of any kind, verbal
or otherwise, which varies, alters, or adds to, or detracts from,
the Stipulation.
XI
This Stipulation is subject to the approval of the National
Labor Relations Board.
On October 23, 1941, the ,Board issued its order approving the
above stipulation, making it a part of the record in the case; and
pursuant to Article II, Section 36, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, transferring the pro-
ceeding 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 :
DIXIE - 'DISTILLED PRODUCTS CO., INC.' 1143
FINDINGS OF FACT
I. THE BVSINESS_OF THE RESPONDENT
Dixie' Di'still'ed'Products Co.,_Ihc., a Tennessee corporation- having
its principal office and place of business in Memphis, Tennessee, is
engaged in the rectifying,` blending, bottling,'and 'sale and distribu-
tion of liquors. During 1940, the respondent purchased bulk whisky,
bottles, and other supplies valued at approximately $60,000.00, all of
which were obtained from points outside the State of , Tennessee.
During the same period, the respondent bottled and produced liquors
valued at approximately $75,000.00, of which approximately 40 per
cent was sold and shipped to points outside the State of Tennessee.
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,, 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, Dixie Distilled Products Co., Inc., its officers, agents,
successors and-assigns,,shall:
1. Cease and desist from :
(a) -In any 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 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) Urging, persuading or warning its employees, or any of them
at the Memphis Plant, to refrain from becoming members of the
United Cannery, Agricultural, Packing and Allied Workers of Amer-
ica, C. I. 0., or any other labor organization of its employees.
(c) Discouraging membership in the United Cannery, Agricul-
tural, Packing and Allied Workers of America, C. I. 0., or any other
labor organization of its employees, by locking out or refusing to
reinstate any of its employees, or in any other manner discriminating
in regard to hire or tenure of employment or any other condition of
employment.
1144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to eleven employees whose names appear below, im-
mediate and full reinstatement to the same positions, or substan-
tially equivalent positions, which they held immediately prior to
March 14, 1941, without prejudice to their seniority, or other rights
and privileges.
Juliet Piercussi Marie Wagerman
Leona Simmons Myrtle Mercer
Martina Oldham Edna Joyce
Mrs. Elizabeth Harbison Sykes Stephens
Mary Job Snyder Mincey Nelms
Marian Burnett (Parish)
(b) Make whole the employees whose names appear below for
the loss of wages they may have suffered by reason of their lay-off
on or about March 14, 1941, by payment to each of them the amount
set forth opposite their respective names :
Juliet Piercussi------ $ 62. 50 Marian Burnett
Leona Simmons----- 100.00 (Parish) ---------- $62. 50
Martina Oldham_____ 100. 00 Marie Wagerman____ 100. 00
Mrs. Elizabeth Myrtle Mercer_______ 75.00
Harbison --------- 100. 00 Edna Joyce_________ 75.00
Mary Job Snyder___ 75.00
(c) Post immediately in conspicuous places in the Memphis Plant
of the Respondent, and maintain for a period of at least sixty (60)
consecutive days notice to its employees, stating that :
(1) Respondent, Dixie Distilled Products,- -Inc., will not. engage
in any of the acts or practices set forth in paragraph 1, (a), (b)
and (c) of this Order.
(2) That it will take the affirmative action ordered in paragraph 2
(a), (b) and (c) of this Order.
(3) Respondent's employees are free to become or remain members
of the United Cannery, Agricultural, Packing and Allied Workers
of America, C. I. 0., and that the Respondent will not discriminate
against any employee because of membership or activity in that
organization.
(d) Notify the Regional Director for the Tenth Region of the
Board, in writing, within ten days from the date of this Order, what
steps the Respondent has taken to comply herewith.
AND IT IS FURTHER ORDERED that the Complaint insofar as it alleges
that the Respondent has discriminated in regard to the hire and
tenure of employment of Selma Shipman, Mary Beasley, Lena Cain,
Edenca Granda; and Mildred Wright, be, and hereby is, dismissed.