Enoch Packing Co.

National Labor Relations Board - Board Decisions

May 1, 1942

40 N.L.R.B. 1110 (N.L.R.B. 1942)

In the Matter of CHARLES ENOCH, DOING BUSINESS AS ENOCH PACKING
COMPANY and FRESNO PACKING HOUSE EMPLOYEES UNION LOCAL
#19653, A. F. L.
• Case No. C-0169.-Decided May 1, 194
Jurisdiction : dried fruit packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Paul S. Kuelthau, for the Board.
Mr. Charles J. Enoch, of Del Rey, Calif., for the respondent.
Mr. John J. Sweeney, of Fresno, Calif., for the Union.'
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Fresno Packing
House Employees Union, Local #19653, A. F. L., herein called the
Union, the National Labor Relations Board, herein called the Board,
by the Regional Director for the Twentieth Region (San Francisco,
California), issued its complaint dated February 21, 1942, against
Charles Enoch, doing business as Enoch Packing Company, Del Rey,
California, 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 notice of
hearing, were duly served upon the respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance that the respondent (1) discouraged membership in the
Union by discharging Renzo Dean and Mike Albertino on or about
November 30, 1941, and Azzie Morrison on or about December 2, 1941,
because they and each of them joined and assisted the Union and
authorized the Union to represent them for the purposes of collective
bargaining, and by thereafter refusing to reinstate them; (2) from
40 N. L. R. B., No. 187.
1110
( i f [ - / ' i'ENOCH , PACKING COMPANY, L 1111
October 28, 1941, urged , persuaded , and warned his employes to refrain
from becoming members of or retaining membership in the Union,
or 'authorizing the Union to represent -them for the purposes ' of col-
lective bargaining ;'threatened his employees with loss of employment
if they became or remained members of- the Union or 'authorized the
Union to represent them for the • purposes of collective bargaining;
threatened - to close his plant and cease operations if his employees
became or remained members of the Union or authorized the Union
to represent them for 'the purposes of collective bargaining; and
threatened to close his plant and cease operations rather than bargain
collectively with the Union; and (3 ) by the foregoing acts interfered
with , restrained ,, and coerced his employees in the exercise of the
rights guaranteed in Section 7 of the Act.
On March 5 , 1942, prior to the date set for hearing, the respondent,
the Union , and counsel for the Board entered into a stipulation.
On April 14, 1942, the same parties entered into a supplemental stipu-
lation amending certain provisions in the stipulation of March 5, 1942.
The stipulation, as, thus amended reads as follows: ,
IT IS HEREBY 'STIPIILATED. AND AGREED by and among Charles
Enoch, doing business as Enoch Packing Company, herein called
the Respondent; Fresno Packing House Employees Union, Local
No. 19653, A. F. of L., herein called Local No. 19653; and Paul S.'
'Kuelthau, attorney National Labor Relations Board, as follows :
I
Respondent is and at all times herein referred to was, an indi-
vidual doing business as Enoch Packing Company, with his
principal office and place of business in the city of Del Rey , County
of Fresno , State of California . Respondent is, and at all times
herein mentioned , has continuously been engaged at his place of
business in Del Rey , California , in drying , packing and selling
fruits, principally grapes, which are dried and made into raisins.
During the 1941 season, Respondent packed raisins worth in excess
of $200,000 .00. All of the grapes from which said raisins were
made were purchased within the State of California. At least
90% of the raisins packed and sold by the Respondent were sold
and shipped by the Respondent to customers located in states of
the United States other than the State of California , and in for-
eign countries . For the purposes of this proceeding and not
otherwise ,' the Respondent admits that his operations affect com-
merce within the meaning of Section 2 (6) and (7) of the National
Labor Relations-Act.
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II
Fresno Packing House Employees Union, Local No. 19653, A. F.
of L., is a labor organization within the meaning of Section 2 (5)
of the National Labor Relations Act. It is an affiliate of the
American Federation of Labor.
III
All of the parties hereto waive their right to a hearing, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board and to. any other or further procedure
before said Board, and further agree that the second amended
charge, complaint, notice of hearing , affidavit as to service of
complaint and notice of hearing and the Stipulation and Supple-
mental Stipulation herein, shall constitute the entire record in this
case and shall dispense with the necessity for the hearing provided
for in the said complaint and notice of hearing . This record
shall be filed with the National Labor Relations Board by trans-
mitting the same to the Chief Trial - Examiner at Washington,
D. C.
IV
Upon the basis of the record as defined above, the National La
bor Relations Board may enter an Order in the following terms :
ORDER
The National Labor Relations Board hereby orders that the
Respondent, Charles Enoch,, doing, business as Enoch Packing
Company, his agents, successors and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in Fresno Packing House Em-
ployees Union, Local No. 19653, A. F. of L., or any other labor
organization of his employees, by discriminating in regard to the
hire and tenure of employment or any term or condition of em-
ployment of his employees;
(b) • In any other manner interfering with, restraining or coerc-
ing his employees in the exercise of the right 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.
2. Take the following affirmative action in order to effectuate
the policies of the National Labor Relations Act :
ENOCH PACKING COMPANY 1113
(a) Offer to Renzo Dean, Mike Albertino and Azzi Morrison
immediate and full reinstatement to their former or substantially
equivalent positions, without prejudice to their seniority or other
rights and privileges, provided, however, that if no persons with
less seniority are now employed by the Respondent, the three
aforementioned persons are to be placed upon a preferential list
to be offered employment before other persons are hired.
(b) Upon application reinstate the following named employees
to their former or substantially equivalent positions without prej-
udice to their seniority or other rights and privileges, or if no,
employment is now available, place such persons upon a prefer-
ential list to be offered employment in accordance with their
seniority before any other persons are hired :
Phil Rosenthal Mary Rosenthal
Willard Stovall Leo Tootilian
Fred Kinzel John Schletewitz
Andy Burk Mrs. Lillie Morrison
Mildred Burk Floyd Adamison
Marion Dunham Ted Wills
Pete Sondergard
(c) Post immediately in conspicuous places throiighout his
place of business at Del Rey, and maintain for a period of at least
sixty (60) consecutive days from the date of posting, or if no
persons are now employed, for at least sixty (60) consecutive
days after the beginning of the 1942 season, notices to his employ-
ees, stating that the Respondent will not engage in the conduct
from which he has been ordered to cease and desist in Paragraphs
1 (a) and (b) of this Order; that lie will take the affirmative
action set forth in Paragraphs 2 (a), and (b) of this Order; that
Respondent's employees are free to become or remain members of
Fresno Packing House Employees Union, Local No. 19653, A. F.
L., 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 Twentieth Region in
writing within ten (10) days from the date of this Order, what
steps the Respondent has taken to comply therewith.
"Ali persons hired after the beginning of the stoke on December 3, 1941 , and all persons
who were working before and during that strike, but who had less seniority than the above
named employees , aie to be discharged , if necessar y, to provide employment for the above
named employees The piefeiential list fiom which employees are to be taken is to be
made up in the order of seniority of all employees named above in Paragraph 2 (b) and of
the three employees named in Paragraph 2 (a) above
1114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
After the entry of the Order by the National Labor Relations
,Board as provided in Paragraph IV above, there may be entered
in the United States Circuit Court of Appeals for the Ninth Cir-
cuit, a decree by said Court, enforcing said order in full and each
of the parties hereto, hereby consents to the entry of said decree
and waives prior notice thereof.
VI
For the purpose of complying with Paragraph 2 (a) and (b)
of the Order as set forth above, it is hereby agreed that hiring for
the next season and for the slack season shall be from the follow-
ing lists of male and female employees, respectively, upon which
the persons appear in the order of their seniority, the person with
the most seniority appearing first and so on :
Male Employees Female Employees
1. Jake Krikorian 1. Mrs. Mary Agababian
2. Leo Tootelian 2. Mrs. Marie Nelmuth
3. Andy Burk 3. Mrs. Minnie Karagas
4. Phil Rosenthal 4. Mrs. Kate Leetch
5. Pete Sondergard 5. Mildred Burk
6. Marion Dunham 6. Mrs. Concha Bernal
7. Azzie Morrison 7. Mrs. Elizabeth
8. M. Stovall Vartanian
9. John Schletewitz 8. Mrs. Mary Rosenthal
10. P. J. Leetch 9. Lillian Morrison
11. Sam Balakian
12. Mike Albertino
13. Renzo Dean
14. Floyd Adamson
15. Ted Wills
It is further agreed that Charley Baxter is employed as a
mechanic and that his seniority shall be considered separately
from the seniority of the other employees and that he may there-
fore be retained in his job without respect to the above seniority
list. It is also agreed that Fred Kinzel is employed as a printer
and box maker, and that his seniority shall be considered sepa-
rately from the seniority of the other employees and that he may
therefore be retained in his job without respect to the above sen-
iority list. It is understood that during the month of January
of each year Respondent shall offer to the employees in the order
above named work for the slack season, and 'in the event any of
ENOCH PACKING COMPANY 1115
the above named employees shall not indicate their desire to
work at whatever employment is offered them for said slack
season, Respondent may' call such other persons below them in the
list to work for said slack season, and if none of said persons
during the month of January inform Respondent that they will
work for the slack season, Respondent may employ other persons
without calling upon any of said persons on said list at any time
during said slack season; it being understood that work shall be
offered during the month, of January to employees in the order
above named for the entire slack season, and they shall indicate
during said month of January whether or not they 'desire such
work. It is further understood that by declining to work for the
slack season the employees do not give up their right to be em-
ployed during the regular season, or lose their seniority for work
during the regular season.
VII
It is expressly understood and agreed that this, Stipulation is
subject to the approval of the National Labor Relations Board
and that the affirmative action, required above shall be taken by
the Respondent immediately upon receipt of notice that the Na-
tional, Labor Relations Board has approved this Stipulation.
VIII
This Stipulation contains the entire agreement between the
parties hereto and there is no understanding, oral or written; add-
ing to or in anywise altering any provision of this Stipulation.
It is the intent of this Stipulation to dispose of all unfair labor
practices which it may be alleged have occurred prior to the exe-
cution of this Stipulation, and the execution of this Stipulation
shall conclude all proceedings pertaining to such unfair labor
practices whether or not such alleged unfair labor practices are
alleged in the complaint of the National Labor Relations Board
dated February 21, 1942.
On April 23, 1942, the Board issued an order approving the stipula-
tion and supplemental stipulation. and making them a part of the
record, and pursuant to Article II, Section 36, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, transferred
the proceeding to the Board for the purpose of entry of a decision
and order pursuant to the provisions of the stipulation and the sup-
plemental stipulation.
Upon the basis of the stipulation, the supplemental stipulation, and
the entire record in the case, the Board makes the following :
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Charles Enoch, an individual doing business as Enoch Packing
Company, with his principal office and place of business in.the city
of Del Rey, county of Fresno, State of California, is engaged in dry-
ing, packing, and selling fruits, principally grapes which are dried
and made into raisins. During the 1941 season- the respondent -packed
raisins valued in excess of $200,000 . All the grapes from which said
raisins were made were purchased by the respondent within the State
of California. The respondent packed and sold the raisins, of which
approximately 90 percent was shipped to points outside the State of
California and to foreign countries. For the purpose of this pro-
ceeding, the respondent admits that his operations affect 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 and with
foreign countries.
ORDER
Upon the basis of the above findings of fact, the stipulation and
supplemental stipulation, and the entire record in the case, and pur-
suant to Section 10 (c) of the National Labor Relations Act, the
National Labor Relations Board hereby orders that the respondent,
Charles Enoch, doing business as Enoch Packing Company, Del Rey,
California , his agents , successors , and assigns shall :
1. Cease and desist from :
(a) Discouraging membership in Fresno Packing House Employees
Union, Local No. 19653, A. F. of L.,'or any other labor organization
of his employees , by discriminating in' regard to the hire and tenure of
employment or any term or condition of employment of his employees;
(b) In any other manner interfering with, restraining , or coercing
his employees in the exercise of the right 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 Rela-
ions Act.
'2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act:
(a) Offer to Renzo Dean, Mike Albertino, and Azzi Morrison im-
mediate and full reinstatement to their former or substantially
equivalent positions, without prejudice to their seniority or ,other
rights and privileges, provided, however, that if no persons with less
ENOCH PACKING COMPANY 1117
seniority are now employed by the respondent,' the three afore-men-
tioned persons are to be placed upon a preferential list to be offered
employment before other persons are hired;
(b) Upon application reinstate the following named employees to
their former or substantially equivalent positions without prejudice
to their seniority or other rights and privileges, or.if no employment is
now available, place such persons upon a preferential list to be offered
employment in accordance with their seniority before any other
persons are hired:'
Phil Rosenthal
Willard Stovall
Fred Kinzel
Andy Burk
Mildred Burk
Marion Dunham
Pete Sondergard
Mary Rosenthal
Leo Tootilian
John Schletewitz
Mrs. Lillie Morrison
Floyd Adamison
Ted Wills
(c) Post immediately in conspicous places throughout his place of
business at Del Rey, and maintain for a period of at least sixty (60)
consecutive days from the date of posting, or if no persons are now
employed, for at least sixty (60) consecutive days after the beginning
of the 1942 season, notices to his employees, stating that the respondent
will not engage in the conduct from which he has been ordered to
cease and desist in Paragraphs 1 (a) and (b) of this'Order; that he
will take the affirmative action set forth in Paragraphs 2 (a) and (b)
of this, Order; that respondent's employees are free to become or
remain members of Fresno Packing House Employees Union, Local
No. 19653, A. F. L., 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 Twentieth Region in
writing within ten (10) days from the date of this Order, what steps
the respondent has taken to comply therewith.
2 All persons hired after the beginning of the strike on December 3, 1911 and all persons
who were working before and during that strike, but who had less seniority than she
above - named employees , are to be discharged , if necessary , to proirde employment for the
above -named employees The preferential list from which employees are to be taken is to
be made up in the order of seniority of all employees named above in Paragraph 2 (b) and
of the three employees named in Paragraph 2 (a) above.