Fruit Industries, Inc.

National Labor Relations Board - Board Decisions

Oct 18, 1955

114 N.L.R.B. 516 (N.L.R.B. 1955)

516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Fruit Industries, Inc.-and International Union of United, Brew-
ery, Flour;' Cereal, Soft Drink & Distillery Workers, of Amer-
ica, CIO .' Case No. 10-CA-2321. October,18, 1955
DECISION AND ORDER
On August 30, 1955, Trial Examiner Max M. Goldman issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair,labor
practices and recommending that it cease and desist therefrom and take,
certain affirmative action, as set forth in the copy of the Intermediate
Report attached hereto. Thereafter, the Respondent which, al-
though it had been served with the charge, the complaint, and notice of
hearing, had neither filed an answer nor appeared at the hearing, filed
exceptions to the Intermediate Report.
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed., The
Board has considered the Intermediate Report, the exceptions and
argument, and the entire record in the case, and hereby adopts the
findings, conclusions, and recommendations of the Trial Examiner.'
ORDER
. ' Upon the entire record in this case, and pursuant to Section ' 10 ' (c)
of the National Labor Relations Act, as amended, the National,Labor
Relations Board hereby orders that the Respondent, Fruit Industries,
Inc., Bradenton, Florida, its officers, agents, successors, and assigns,
shall: .
1. Cease and desist from :
Ja) Threatening to close its plant and discharge its employee be-
cause of their membership in or activities on behalf of International
Union of United Brewery, Flour, Cereal, Soft Drink &, ,Dist}lery
Workers of America, CIO, `engaging in surveillance of union meetings
attended by its employees, and interrogating its employees`coi cerr}ing
their membership in and activities on behalf of that labor organiza-
tion.
(b) In. any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to 1joi]R
or assist International Union of United Brewery, Flour, Cereal, Soft
1 The Respondent contends that, no copy of the charge was served upon it, and that
the complaint is defective because the discharge of pan employee, alleged as a violation of
Section 8 (a) (3) in the charge, was not included in the complaint. We reject these
contentions The record shows, as the Trial Examiner found, that a copy of the charge
was properly served upon the Respondent. With respect to the Respondent's second
contention, the charge-did allege that the Respondent had by its conduct violated Section
8 (a) (1). There is no requirement that a charge specify each incident allegedly violative
of Section 8 (a) (1)., 1
114 NLRB No. 89.
FRUIT'INDUSTRIES;'INC. ' , R ". 517.
Drink &,Distillery Workers of'America;:CIO, or any other, labor or-'
ganization, to bargain collectively through representatives of their, own'
choosing , and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection, or to refrain from
any or all such activities, except to the extent that such right may be
affected by an agreementrequiring membership in a labor organization
as a condition, of employment as authorized in Section 8 (a) (3)of
the Act.
2. Take'the following affirmative action which the Board'finds will ,
effectuate the policies of the Act :
(a) Post at its plant at Bradenton, Florida, copies of the notice at-
tached to the Intermediate Report marked "Appendix." 2 Copies of
said notice, to be furnished by the Regional Director for the Tenth
Region, shall, after being duly signed by the Respondent's authorized
representative, be posted by the Respondent immediately upon re-
ceipt thereof and be maintained by it for a period of at least sixty (60)
consecutive days thereafter in conspicuous places, including all places
where notices to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to insure that said notices are not al-
tered, -defaced, or covered by any other material.
(b) Notify the said Regional Director in writing within ten. (10)
days from the date of this Order, what steps it has taken-to comply
herewith ., I ' , 1,
2 This notice is amended by substituting , for the' words "The Recommendations, oft a
Trial Examiner" the words "A Decision and Order ." In the event that this Order is
enforced by a decree of a United States Court of Appeals , there shall be substituted 'for-
the words "Pursuant to a Decision and Order" the words " Pursuant to a Decree of thp.
United States Court of Appeals , Enforcing an Order"
INTERMEDIATE REPORT AND RECOMMENDED ORDER
STATEMENT OF THE.CASE
Upon a charge filed by International Union of United Brewery, Flour , Cereal,'
Soft Drink & Distillery Workers of America , CIO, herein called the Union, the
General Counsel by the Regional Director for the, Tenth Region (Atlanta, , Georgia'),
of the;,National Labor Relations Board herein called the Board , issued his, com-
plaint dated July 11, 1955, against Fruit Industries , Inc., herein called the Re
spondgnt, alleging that the Respondent had engaged in and was engaged in unfair .
labor practices affecting, commerce within the meaning. of Section 8 (a) (1), and
Section 2 (6) and (7) of the Labor Management Relations Act, 1947, 61'Stat.
136, herein called the Act. Copies of the complaint and the charge together with
notice of hearing were duly served upon the Respondent and the Union.
With respect to unfair labor practices , the complaint alleges in substance that
the Respondent engaged in certain acts of interference, restraint , and coercion.
The Respondent did not file an answer.
Pursuant to notice a'hearing was held on August 16 , 1955 , at Bradenton , Florida,
before the duly designated Trial Examiner .; The General Counsel was represented
by counsel and the Union was represented by its agent. The Respondent did not'
appear. The General Counsel moved that the facts be "found as alleged 'in the
complaint , for failure of. the . Respondent- to answer, as provided in Section 102.20
of the Board's Rules and Regulations , and rested his case. The Trial Examiner
reserved ruling at the ' hearing. 'Although afforded an opportunity , none of'the
parties submitted briefs and/or proposed findings of fact and conclusions of law:
518 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
The General Counsel 's motion is hereby granted and all allegations of the complaint-
are deemed to be true and are so found.'
Upon the entire record in the case, the Trial Examiner makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Respondent, a Florida corporation with its principal office and place of busi-
ness at Bradentun, Florida, is engaged in the business of processing concentrated
fruit juices and fruit sections. During the past 12 months, which is a representative
period, the Respondent sold and shipped products of a value in excess of $4,000,000
to points outside the State of Florida. It is found that the Respondent is engaged
in commerce within the meaning of the Act.
II. THE LABOR ORGANIZATION INVOLVED
International Union of United Brewery, Flour, Cereal, Soft Drink & Distillery
Workers of America, CIO, is a labor organization within the meaning of the Act.
III. THE UNFAIR LABOR PRACTICES
Interference, Restraint, and Coercion
It is found as alleged in the complaint that the Respondent in violation of Section
8 (a) (1) of the Act:
(1) On or about April 27 and 28, and May 6, 11, and 12, 1955, the Respondent by
its supervisor, Maude Myers, threatened its employees that it would close its plant
and that they would be discharged because of their membership in and activity on
behalf of the Union.
(2) On or about May 10, 1955, the Respondent by its duly authorized agent and
representative, David Hamrick, threatened its employees that it would close its plant
because of their membership in and activity on behalf of the Union.
(3) On or about May 26, 1955, the Respondent through its supervisors, C. L.
Whitehurst and Vernon Rowe, and during April and May 1955, through its super-
visor, Maude Myers, engaged in surveillance of union meetings which were attended
by its employees.
(4) On or about April 28, 1955, and at other times during the month, the Re-
spondent by its supervisor, Maude Myers, interrogated its employees concerning
their membership in and activities on behalf of the Union.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in section III, above, occurring in con-
nection with the operations of the Respondent in section I, above, have a close,
intimate, and substantial relation to trade, traffic, and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
V. THE REMEDY
Having found that the Respondent interfered with, restrained, and coerced its
employees by the conduct enumerated above which shows a determination to pre-
vent self-organization by its employees, it will be recommended that the Respondent
cease and desist from this conduct or in any other manner infringing upon the rights
guaranteed in Section 7 of the Act, and also take certain affirmative action designed to
effectuate the policies of the Act.
Upon the basis of the foregoing< findings of fact, and upon the entire record in
the case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. International Union of United, Brewery, Flour, Cereal, Soft Drink & Dis-
tillery Workers of America, CIO, is. a labor organization within the meaning of
Section 2 (5) of the Act.
2. By threatening to close its plant and discharge its employees because of their
membership in or activities on behalf of the Union, by engaging in surveillance-
IN. L. R. B v Modern Optics, 201 F. 2d 513 (C. A 5) ; Local 170, International-
Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of America , APL, et al.,
110 NLRB 850.
FRANKLIN SQUARE. LUMBER CO. 519
,of union meetings attended by its employees,' and by interrogating its employees
•concerning their membership in and activities on behalf of the Union, and thus
interfering with, restraining , and coercing its employees in the exercise of the rights
guaranteed in Section 7 of the Act, the Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. -
3. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
APPENDIX
NOTICE To ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that:
WE WILL NOT threaten to close our plant and discharge our employees because
of their membership in or activities on behalf of a labor organization, engage
in surveillance of union meetings attended by our employees, or question our
employees concerning their membership in and activities on behalf of a labor
organization.
WE WILL NOT in any other manner interfere with, restrain, or coerce our
employees in the exercise of their right to self-organization, to form labor
organizations, to join or assist International Union of Brewery, Flour, Cereal,
Soft Drink & Distillery Workers of America, CIO, or any other labor organi-
zation, to bargain collectively through representative of their own choosing,
and to engage in concerted activities for the purposes of collective bargaining
or other mutual aid or protection, or to refrain from any or all such activities,
except to the extent that such right may be affected by an agreement requiring
membership in a labor organization as a condition of employment as author-
ized in Section 8 (a) (3) of the Act.
All our employees are free to become. or remain members of the above-named
Union or any other labor organization.
FRUIT INDUSTRIES, INC.,
Employer.
Dated---------------- By--------------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.
Richard T. Baylis, et al. co-partners d/b/a Franklin Square Lum-
ber Co.,' Petitioner and Local 1205, affiliated with the Interna-
tional Brotherhood of Teamsters, Chauffeurs , Warehousemen
and Helpers of America , AFL and Local 719, affiliated with the
International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America , AFL., Case No. 2-RM-691.
October 18, 1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Abraham Lehman, hearing
officer. , The hearing officer's. rulings made 'at the hearing are free
from prejudicial error and are hereby affirmed.
' The name of the Employer appears as amended.
114 NLRB No. 87.