Dossin's Food Products

National Labor Relations Board - Board Decisions

Sep 19, 1941

35 N.L.R.B. 534 (N.L.R.B. 1941)

In the Matter of DOSSIN's FOOD PRODUCTS and INTERNATIONAL UNION
OF UNITED BREWERY, FLOUR, CEREAL, AND SOFT DRINK WORKERS OF
AMERICA, LOCAL No. 41, AFFILIATED WITH THE A. F. OF L.
Case No. C-1957.-Decided September 19, 1941
Jurisdiction : food products manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Colonel C. Sawyer, for the Board.
Mr. Joseph P. Uvick, and Mr. Frank Hartung, of Detroit, Mich.,
for the respondent.
Mr. Martin F. Donoghue, of Washington, D. C., for the Brewery
Workers.
Mr. Joseph A. Padway, by Mr. Henry Kaiser, of Washington, D. C.,
for the Teamsters.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Union of United Brewery, Flour, Cereal, and Soft Drink Workers
of America, Local No. 41, affiliated with the A. F. of L., herein called
the Brewery Workers, the National Labor Relations Board, herein
called the Board, by its Regional Director for the Seventh Region
(Detroit, Michigan) issued its complaint dated May 7, 1941, against
Dossin's Food Products, Detroit, Michigan, herein called the re-
spondent, 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 notice of hearing were duly
served upon the respondent, the Brewery Workers, and International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Local 337, affiliated with the American Federation of
Labor, herein called the Teamsters.
35 N. L R B., No. 120.
534
DOSSIN'S FOOD PRODUCTS 535
Concerning the unfair labor practices, the complaint alleged, in
substance : (1) that on various dates during the month of November
1940, the respondent discharged 16 named employees because they
engaged in concerted activities with other employees who were mem-
bers of, or active in behalf of the Brewery Workers, and in order to
discourage concerted activities with other employees or activity on
behalf of, and membership in the Brewery Workers; (2) that from
on or about October 1940, and thereafter, the respondent engaged in
a continuous plan of action to interfere with the rights of its em-
ployees as guaranteed by the Act by : threatening that its employees
would be discharged or otherwise discriminated against if they joined
or assisted the Brewery Workers, urging its employees to refrain
from becoming or remaining members of the Brewery Workers, mak-
ing disparaging remarks concerning the Brewery Workers, commu-
nicating with individual employees to cause dissatisfaction with ' the
Brewery Workers among its employees, and keeping the meetings
and meeting places of its employees who were members of the Brewery
Workers under surveillance; (3) that on or about November 26, 1940,
the respondent's employees went on strike because of the unfair labor
practices of the respondent, which strike, at the time of issuance of
the complaint, was still in effect; and (4) that since the strike has
been in effect, the respondent further engaged in a continuous plan
of action to interfere with the rights of its employees as guaranteed
by, the Act, by : making disparaging remarks concerning the Brewery
Workers, refusing to allow employees who ceased work in sympathy
with the strike to work in its plant, and interfering with and pre-
venting employees who had ceased work at the time of the strike
from obtaining employment elsewhere in the city of Detroit.
On May 21, 1941, and May 27, 1941, respectively, the respondent
filed an answer and an amended answer to the complaint in which it
denied that it' was engaged in commerce within the meaning of the
Act and that it had engaged in the alleged unfair labor practices,
and alleged, in substance, (1) that officials of the Teamsters informed
it and 10 of the above-mentioned 16 employees that they could no
longer work for the respondent and if they did the respondent's plant
would be shut down by a strike to be called by the Teamsters, that
3 other of the above-mentioned 16 employees were not discharged on
the specified dates, but failed to return to work at the end of a 2
weeks' lay-off beginning on the said dates, that 1 other of the above-
mentioned 16 employees was discharged on the date specified because
his work was unsatisfactory, and that the 2 remaining employees of
the above-mentioned 16 voluntarily quit the respondent's employ
on the dates specified; (2) that the respondent was an unwitting
victim of the strike which began November 26, 1940, and which was
a jurisdictional dispute between the Brewery Workers and Teamsters,
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and (3) that the respondent discontinued reinstatement of strikers
requesting said reinstatement following a threat of the Teamsters
to call a strike if further reinstatements were-made.
Pursuant to notice, a hearing was begun on June 5, 1941, before
Howard Myers, the Trial Examiner duly designated by the Chief
Trial Examiner. The Board, the respondent, the Brewery Workers,
and the Teamsters were represented by counsel. On June 9, the
hearing was postponed and on July 15, 1941, the respondent, the
Teamsters, and the attorney for the Board entered into a stipulation
subject to approval of the Board in settlement of the case. The
stipulation provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between the Respondent,
the Teamsters, and the undersigned, attorney for the National Labor
Relations Board :
1. The Board's Exhibit number 2 (being the commerce stipulation
above referred to) contains a substantial statement of facts concerning
the Respondent, its plants, nature of its business, etc. The Respondent
admits, for the purposes of these proceedings, that it is engaged in
interstate commerce within the meaning of the Act.
2. The Brewery Workers and the Teamsters are both labor organi-
zations within the meaning of the Act.
3. For the purpose of this stipulation, Respondent hereby requests
that its Answer and Amended Answer be withdrawn.
4. This Stipulation shall be filed with the Chief Trial Examiner and
it, together with the Complaint, Transcript and Exhibits as herein-
after set out in paragraph number 5, shall constitute the record in this
case.
5. That, without further hearing and other procedure before the
Board to which the parties may be entitled under the Act, or the rules
and regulations of the Board, the Board may, upon the basis of the
Complaint, the Transcript of the evidence taken during the progress.
of the hearing herein, and the exhibits, being Board Exhibits IA to
1K inclusive (being the formal files), Board's Exhibit 2 (being the
said commerce stipulation), Intervenor's Exhibit number 1 (being the
Teamsters' motion to intervene herein), and this stipulation make find-
ings of fact and enter the following order:
ORDER
The National Labor Relations Board hereby orders that the respond-
ent, Dossin's Food Products, Detroit, Michigan, and jtn officers, agents,
successors and assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in International Union of
United Brewery, Flour, Cereal and Soft Drink Workers of Amer-
ica, Local No. 41, affiliated with the A. F. of L., or any other labor
DOSSIN'S FOOD PRODUCTS 537
organization of its employees, by discriminating in regard to hire
or tenure of employment or any term or condition or employment;
(b) In any other manner interfering with, restraining, or co-
ercing its employees in the exercise of the rights to self-organi-
zation, to form, join, and assist labor organizations, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid and protection, as guarai teed in
Section 7 of the Act.
2. Take the following affirmative action :
(a) Offer to
Milton Allor Norbert Kaminsky
John Bonk Stanley Kapluck
Joseph Church Rudolph Lekarczyk
Joseph Cody Stanley Ptaszek
Roy Denoyer Edward Tracz
Jesse Dowdy Theodore Zalewski
Joseph Goike
and to each of them, immediate and full reinstatement to their
former or substantially equivalent positions, without prejudice to
their seniority and other rights and privileges;
(b) Make whole each of the employees named in Paragraph
2 (a) of this Order, for any loss of pay they may have suffered
by reason of the respondent's discriminatory termination of
their employment, by payment to each of them of a sum of
money equal to that which he normally would have earned as
wages from the date his employment, by respondent terminated,
as set out in the complaint, to the date of the offer of
reinstdtement, less his net earnings during said period;
(c) Upon application, offer to employees now on strike, im-
mediate and full reinstatement to their former or substantially
equivalent positions, without prejudice to their seniority and
other rights and privileges, dismissing, if necessary, employees
hired since November 26, 1940, the date of the strike;
PROVIDED that respondent shall not be required to reinstate
in excess of 100 striking employees. Offer Of 'reinstatement as
herein set out when made by respondent to 100 striking
employees,, shall constitute compliance with this paragraph;
(d) Post immediately in conspicuous places throughout re-
spondent's plant in Detroit, Michigan, and maintain for a period
of at least sixty (60) consecutive days from the date of posting,
notices to its employees in the form set forth in Appendix A
attached hereto and hereby expressly made a part of this Order;
(e) Notify the Regional Director for the Seventh Region in
writing within twenty (20) days from the date of the Board's
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approval of this Stipulation what steps the respondent has
taken to comply herewith.
Provided, however, that the provisions of this Order shall be
subject to any valid contract now in effect or subsequently
entered into between the respondent and any labor organization,
which contract requires as a condition of employment member-
ship in such organization.
And It Is Further Ordered that the complaint be, and it
hereby is, dismissed in so far as it alleges that the respondent
engaged in unfair labor practices in connection with the dis-
charge of Joseph Curtiss, John Eubanks and Charles Turner.
6. Paragraph 2 (c) of the stipulated Board Order shall be
complied with as follows :
Within ten (10) days from the date of the Board's approval
of this Stipulation there shall be submitted to the Respondent
a list of the names of the 100 strikers to be reinstated, and their
addresses.
Within fifteen (15) days subsequent to the approval by the
Board of this Stipulation, Respondent is to offer reinstatement
to 20 of the said 100 strikers and thereafter offer reinstatement
to seven (7) more each week until offers of reinstatement have
been made to the total number of 100 strikers.
7. The Respondent will in good faith comply with the terms
of the above Order.
8. The entire agreement is contained within the terms of
this Stipulation and there is no verbal agreement of any kind
which varies, alters, or adds to this Stipulation.
9. That this Stipulation is subject to the approval of the
Board and shall become effective immediately upon the granting
of such approval.
On August 15, 1941, the Board issued an order approving the
stipulation, making it a part of the record, and pursuant to Article
II, Sectios 36, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, transferred the proceeding to the
Board for the purpose of entry of decision and order pursuant to
the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Dossin's Food Products, a Michigan corporation, having its prin-
cipal office and place of business in Detroit, Michigan, is engaged in
DOSSIN'S FOOD PRODUCTS 539
the manufacture, sale, and distribution of carbonated beverages.
During the year 1940, the respondent purchased raw materials, con-
sisting of extracts, sugar, citric acid, carbonic gas, and bottling
supplies, amounting in value to over $2,000,000, of which 74 per cent
was purchased outside the State of Michigan. During the same
period, the respondent sold carbonated beverages amounting in value
to over $3,000,000, of which 31/2 per cent was sold to customers
located outside the State of Michigan.
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 and 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 Dossin's Food Products, Detroit, Michigan, its
officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Discouraging membership in International Union of Brewery,
Flour, Cereal and Soft Drink Workers of America, Local No. 41,
affiliated with the A. F. of L., or any other labor organization of its
employees, by discriminating in regard to hire or tenure of employment
or any term or condition of employment;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the rights to self-organization, to
form, join, and assist labor organizations, 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 and protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action :
(a). Offer to
Milton Allor Norbert Kaminsky
John Bonk Stanley Kapluck
Joseph Church Rudolph Lekarczyk
Joseph Cody Stanley Ptaszek
Roy Denoyer Edward Tracz
Jesse Dowdy Theodore Zalewski
Joseph Goike
and to each of them, immediate and full reinstatement to their former
or substantially equivalent positions, without prejudice to their
seniority and other rights and privileges;
(b) Make whole each of the employees named in Paragraph 2 (a)
of this Order, for any loss of pay they may have suffered by reason
540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the respondent's, discriminatory termination of their employment,
by payment to each of them of a sum of money equal to that which
he normally would have earned as wages from the date of his em-
ployment, by respondent terminated, as set out in the complaint, to
the date of the offer of reinstatement, less his net earnings during
said period;
(c) Upon application; offer to employees now on strike, immediate
and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority and other rights and
privileges, dismissing, if necessary, employees hired since November
26, 1940, the date of the strike; PROVIDED that the respondent
shall not be required to reinstate in excess of 100 striking employees.
Offer of reinstatement as herein set out when made by respondent
to 100 striking employees shall constitute compliance with this
paragraph;
(d) Post immediately in conspicuous places throughout respond-
ent's plant in Detroit, Michigan, and maintain for a period of at least
sixty (60) consecutive days from the date of posting, notices to its
employees in the form set forth in Appendix A attached hereto and
hereby expressly made a part of this Order;
(e) Notify the Regional Director for the Seventh Region in writing
within twenty (20) days from the date of the Board's approval of
this Stipulation what steps the respondent has taken to comply
herewith.
Provided, however, that the provisions of this Order shall be sub-
ject to any valid contract now in effect or subsequently entered into
between the respondent and any labor organization, which contract
requires as a condition of employment membership in such
organization.
AND IT IS FURTHER ORDERED that the complaint be, and it hereby is,
dismissed insofar as it alleges that the respondent engaged in unfair
labor practices in connection with the discharge of Joseph Curtiss,
John Eubanks and Charles Turner.
APPENDIX A
Notice to Employees of
DOSSIN'S FOOD PRODUCTS
The provisions of this Notice shall be subject to any valid con-
tract now in effect or subsequently entered into between the company
and any labor organization, which contract requires as a condition
of employment membership in such organization.
DOSSIN 'S FOOD PRODUCTS 541
Dossin's Food Products hereby notifies all of its employees that
1. It Will Not:
(a) Discourage membership in any labor organization of its em-
ployees by discriminating in regard to hire or tenure of employment
or any term or condition of employment;
(b) In any other manner interfere with, restrain, or coerce its
employees in the exercise of the rights to self-organization, to form,
join, and assist labor organizations, 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 and protection, as guaranteed in Section 7 of the Act.
2. The Company Will:
(a) Offer to
Milton Allor Norbert Kaminsky
John Bonk Stanley Kapluck
Joseph Church Rudolph Lekarozyk
Joseph Cody Stanley Ptaszek
Roy Denoyer Edward Tracz
Jesse Dowdy Theodore Zalewski
Joseph Goike
and to each of them, immediate and full reinstatement to their former
or substantially equivalent positions, without prejudice to their sen
iority and other rights or privileges ;
(b) Make whole each of said employees named in Paragraph 2 (a)
above for any loss of pay they may have suffered by reason of ter-
mination of their employment by payment to each of them a sum of
money equal to that which he normally would have earned as wages
from the, date his employment was terminated to the date he is
offered reinstatement, less his, net earnings during said period.
(c) Upon application, offer to employees now on strike, immediate
and full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority or other rights and
privileges, dismissing, if necessary, employees hired since November
26, 1940, the date of the strike; PROVIDED that not more than 100
striking employees will be so reinstated.
DossIN's FOOD PRODUCTS,
By:
Dated this ------ day of __________, 1941.