Life Savers Corp.

National Labor Relations Board - Board Decisions

Jun 21, 1940

24 N.L.R.B. 875 (N.L.R.B. 1940)

In the Matter of LIFE SAVERS CORPORATION and EMPLOYEES
INDEPENDENT UNION
Case No. C-1602.-Decided June p31, 1940. .
Candy Manufacturing Industry-Settlement : stipulation providing for compli-
ance with the Act, including reinstatement of employees and recognition of
complaining union as collective bargaining agent for employees-Order: entered
on stipulation.
Mr. Weldon P. Monson, for the Board. '
Messrs. Rogers, Hoge and Hills, of New York ' City, by Mr.
Clifton Cooper, for the respondent.
Mr. R. J. McKeever, of Port Chester, N. Y., for the Union.
Miss Margaret Hohnes, of counsel to the Board.
DECISION'
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Employees In.
dependent Union of Life Savers Corporation, herein called the Union,
the National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (New York City), issued
its complaint and notice of hearing, dated May 28, 1940, against Life
Savers Corporation; Port Chester, New York, herein called the re-
spondent,. alleging that the respondent had engaged in and was en-
gaging 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."
With respect to the unfair labor practices, the complaint alleged
in substance : (1) that the respondent discharged or laid off, and there-
after refused to reinstate, eight named employees because they joined
and assisted the Union ; (2) that the respondent,' on or about March
14, 1939, and at all times thereafter, refused to bargain collectively
with the Union, although the Union had been designated by a major-
ity'of employees in an appropriate unit; and (3) that the respondent
In the stipulation set forth infra, the respondent waived service of the complaint and
notice of hearing.
24 N. L. R. B., No. 92. .
875
:876 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from on or about March 14, 1939, and many times thereafter, until
the date of the complaint, urged, persuaded, warned, and threatened
its employees to refrain from aiding, and becoming or remaining
members of, the Union.
On June 3, 1940, the respondent and counsel for the Board , entered
into a stipulation in settlement of the dispute, subject to the approval
of the Board. This stipulation provided as follows:
STIPULATION
It is hereby stipulated by and between Life Savers Corporation,
respondent herein, and Weldon P. Monson, attorney for the
National Labor Relations Board, that
I. Upon charges and amended charges duly filed by Employees
Independent Union, the National Labor Relations Board, by the
Regional Director for the Second Region, acting pursuant to
authority granted in Section 10 (b) of the National Labor Rela-
tions Act (49 Stat. 449) and its Rules and Regulations, Series
2 as amended, Article IV, Section 1, issued its complaint on.. the
28th day of May, 1940 against Life Savers Corporation, respond-
ent herein.
IT. Respondent Life Savers Corporation is and has been for
a long period of time a corporation duly licensed under the
laws of the laws of the State of New York to do business in
New York State, having its principal office and place of business
in the city of Port Chester, County of Westchester, State of New
York, and is now and has been continuously engaged at said
place of business, in the manufacture, sale and distribution of
candy mints and hard flavored candies together with related
products.
III. Respondent Life Savers Corporation, in the course and
conduct of its business,, at its Port Chester plant, uses, among
other raw materials,.the following in the manufacture of its fin-
ished products : Sugar, flavoring extracts, paper and tin foil ;
and purchases approximately 50 per cent of these materials from
States of the United States -other than the State of New York,
and in the course and conduct of its business, causes and has
continuously caused approximately 50 per cent of its raw mate-
rials to be transported in interstate commerce from, into and
through States of the United States other than the State of New
York, to its Port Chester plant, in the State of New York, and
there these raw materials are manufactured by the respondent into
the products enumerated in paragraph II above.
IV. Respondent Life Savers Corporation manufactures the
products set forth in paragraph II above at its Port Chester
LIFE SAVERS CORPORATION 877
plant and causes and has continuously caused approximately 80
per cent of its finished products to be sold and transported in
interstate commerce from its Port Chester plant, to, into and
through States of the United States other than the State of
New York.
V. Respondent Life ' Savers Corporation, is engaged in inter-
state commerce %vdthin the meaning of the National Labor Re-
lations Act, and the deci'sioiis of the United States Supreme
Court relating thereto.
VI. This stipulation, together with the charges Mid amended
charges, complaint and Rules and Regulations of the National
Labor Relations Board, may be introduced as evidence by filing
them with the Chief Trial Examiner of the National Labor Re-
lations Board at Washington, D. C.
VII. The taking of testimony or evidence before an Examiner
in this matter, and the makiirg of findings of fact and conclusions
of law, pursuant to the provisions of the National Labor Re-
lations Act; the service of the complaint aiid arriended charges;
the 'right to hearing, aiid notice thereof; under Section 10 (b) of
the National Labor Relation Act, are hereby expressly waived by
the respondent herein.
VIII. Upon this stipulation; and upon the record herein, which
includes the charge and amended charges, and the complaint,
aii O'rdek may forthwith be eritered by said Board, without fur-
ther notice or proceedings, providing as follows :
The respondent, Life Savers Corporation, and its officers,
agents, succes'sors, and assigns, shall :
1. Cease and desist frohi-
(a) Discouraging membership in the labor .organization
known at the Employees Independent Union, or - any .other
labor organization of its employees, by discharging, laying
off, or refusing to reinstate any of its employees or in any
other manner discriminating in regard to their hire or tenure
of employment or any term or condition of their employment
because of their membership in, activity in behalf of, or
sympathy toward any. such labor organization ;
(b) Refusing to bargain collectively with Employees In-
dependent Union as the exclusive representative of its pro-
duction and maintenance employees at the Port Chester
plant, excluding supervisory, executive and office employees,
in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
(c) In any, other manner interfering with, restraining or
coercing its employees in the exercise of the right of self-
:878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 pur-
pose of collective bargaining, or other mutual aid or protec-
tion, as guaranteed under Section 7 of the National Labor
Relations Act.
2. Tale the following affirmative action to effectuate the
purposes and policies of the Act:
(a) Upon request, meet, deal, and negotiate in good faith
with the representatives of the Employees Independent
Union duly designated for that purpose, and bargain collec-
tively with the Employees Independent Union in respect to
rates of pay, wages, hours of employment, and other condi-
tions of employment, and, if an understanding is reached
on any such matter, embody said understanding, upon request,
in a written, signed contract;
(b) Offer to Margaret Ward immediate and full reinstate-
ment to her former position of employment, without preju-
dice to her seniority or other rights and privileges;
(c) Offer to Patrick Corish, Helen Sullivan, M. DeChiara
and W. Merritt immediate and full reinstatement to their
former or to substantially equivalent positions of employ-
ment at the Port Chester plant, without, prejudice to their
seniority or other rights and privileges; Offer to V. An-
astasio immediate. reemployment in Department LB sup-
plying candy batches to other employees making said batches
into tablets until his former or a substantially equivalent
position is available and then offer him immediate, full
and unconditional reinstatement to such position without
prejudice to his seniority or other rights and privileges;
(d) Offer to Frank Fallon and R. Chila immediate and
full reinstatement to their former positions of employment,
or ones substantially equivalent thereto as to hours, wages,
duties and convenience of locality, as such positions become
available, without prejudice to their seniority or other
rights and privileges;
(e) Make whole Margaret Ward for any loss of pay she
may have suffered by reason of the respondent's discharge,
by payment to her immediately of the sum of One thou-
sand ($1,000) Dollars, which, sum is in full satisfaction
and settlement of the amount she would have earned but
for her discharge, from the date thereof. until the present
date, less net earnings elsewhere during said period;
LIFE SAVERS CORPORATION 879
(f) Post immediately in conspicuous places in and about
its Port Chester plant and maintain for a period of at
least sixty (60) consecutive days, notices reading as follows:
LIFE SAVERS CORPORATION
NOTICE TO EMPLOYEES
In accordance with an agreement with the National
Labor Relations Board, you are hereby notified that
Life Savers Corporation intends to abide by all the
provisions of the National Labor Relations Act:
All employees of. this company have the right to
organize and to form, join, or assist the Employees
Independent Union of Life Savers Corporation, and
to bargain collectively through representatives of their
own choice.
The Life Savers Corporation will not discriminate
against any employee because of his. membership or ac-
tivity on behalf of the Employees Independent Union
of Life Savers Corporation.
Dated ----------------
LIFE SAVERS CORPORATION,.
By
(g) File with the Regional Director of the Second' Region,
within ten (10) days from the date of the entry. of this
Order, a report in writing,' setting forth in detail the man-
ner and form in which it has complied with the foregoing
requirements.
IX. It is stipulated and agreed that the United States Cir-
cuit Court of Appeals for the Second Circuit may, upon appli-
cation of the National Labor Relations Board, enter a Decree
enforcing the aforesaid Order of the Board, the respondent
hereby expressly waiving any right to contest the entry of said
Decree and, further, said, application may be made at any time
convenient to said Board, and, without further notice to the
respondent for the application for entry of such Decree.
X. It is further stipulated, understood and agreed that the
execution of this Stipulation and said Consent Decree by the'
parties hereto and compliance therewith shall conclude all mat-
ters arising in this proceeding,, but shall not preclude the
taking of any steps necessary to procure the entry of said Con-
sent Decree in the United States Circuit Court of Appeals for.
the Second Circuit; and, further, it is stipulated, understood
880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and agreed that upon . approval of this Stipulation by the Board
charges of unfair labor practices relating to J. Sullivan, C.
O'Donnell; A. DeMarco, S. Millman, A. Bellucco, T. Ferenz,
E. McGee, H. Pankowski, and A. Lallo. shall be dismissed,
without prejudice.
XI. It is further understood and agreed that this stipulation
embodies the entire agreement between the parties and that there
is no verbal agreement of any kind which varies, alters or adds
to this stipulation.
XII. It is further understood and agreed that this stipula-
lation is subject to the approval of the National Labor Rela-
tions Board, and shall become effective and binding immediately
upon such approval.
On June 11, 1940, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of A. decision and
order by the Board..
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE ' BUSINESS OF THE RESPONDENT
The respondent, a New York Corporation, is engaged in the manu-
facture, sale, and distribution of candy mints; hard flavored candies,
and related products, with its principal place of business in the
City of Port Chester, County of Westchester, New York. .
The principal raw materials used by the respondent are sugar,
flavoring extracts, paper, and tinfoil ; about 50 per cent of these
materials are purchased outside the State of New York. About 80
per cent of the products manufactured by the respondent froin these
raw materials are shipped outside the State of New York.
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States. The respondent stipulated and we find that it is
engaged ' in interstate commerce within the meaning of the Act.
ORDER
.
Upon the basis of the above findings of fact, stipulation, and11
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 Life Savers -Corporation, Port Chester,
New York, and its officers, agents, successors and assigns; shall :
LIFE SAVERS -CORPORATION 881
1. Cease and desist from
(a) Discouraging membership in the labor organization
known as the Employees Independent" Union, or any other labor
organization of its employees, by discharging, laying off, or
refusing to reinstate any of its employees or in any other
manner discriminating in regard to their hire or tenure of em-
ployment or any term or condition of their employment, because
of their membership in,.activity in behalf of, or sympathy toward
any such labor organization :
(b) Refusing to bargain collectively with Employees Inde-
pendent Union as the exclusive representative of its production
and maintenance employees at the Port Chester plant, excluding
supervisory, executive and office employees, in respect to rates.
of pay, wages, hours of employment, and other conditions-of
employment ;
(c) In , apy other manner interfering with, restraining or
coercing its employees in the exercise of the right of aself-or-
ganization , 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
under Section 7 of the National Labor Relations Act.
2. Take the following affirmative action to effectuate the pur-
poses and policies of the Act :
(a) Upon request, meet , deal, and negotiate in good faith
with the representatives of the Employees Independent Union
duly designated for that purpose, and bargain collectively with
the Employees. Independent Union in respect to rates of pay,
wages, hours of. employment, and other conditions of employ-
ment, and, if an understanding is reached on any such matter,
embody said understanding upon request, in a written, signed
contract;
(b) Offer to Margaret Ward immediate and full reinstate-
ment to her former position of employment, without prejudice
to her .seniority or other rights and privileges;
(c) Offer to Patrick Corish, Helen Sullivan,' M. DeChiara
and W. Merritt immediate and full reinstatement to their former
or to substantially equivalent positions of employment at., the
Port Chester plant, without prejudice to their seniority or other
rights and privileges; Offer to V. Anastasio immediate reem-
ployment in Department LB, supplying candy batches to other
employees making said batches into tablets, until his former
or a substantially equivalent position is available and then offer
him immediate, full and unconditional reinstatement to such
882 DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
position without prejudice to his seniority or other rights and
privileges;
.(d) Offer to Frank 'Fallon and R. Chila immediate and
full reinstatement to their former positions of employment, or
ones substantially equivalent thereto as to hours, wages, duties
and convenience of locality, as such' positions become available,
without prejudice to their seniority. or other rights and
privileges ;
(e) Make whole Margaret Ward for any loss of pay she may
have suffered by reason of the respondent's discharge, by pay-
ment to her immediately. of the sum of One thousand ($1,000)
Dollars, which sum is in full satisfaction and settlement of the
amount she would have earned but for her discharge, from the
date thereof until the present date, less net earnings elsewhere
during said period ;
(f) Post immediately in conspicuous places in and about its
Port Chester plant and maintain for a period of at least sixty
(60) consecutive days, notices reading as follows :
LIFE SAVERS CORPORATION
NOTICE TO EMPLOYEES
In accordance with an agreement with the National Labor
Relations . Board, you are hereby notified that Life Savers
Corporation intends to abide by all the provisions of the
National Labor Relations Act.
All employees of this company have the right to organize
and to form, join, or assist the Employees Independent
Union of Life Savers Corporation, and to. bargain collec-
tively through representatives of their. own choice.
The Life Savers Corporation will not discriminate against
any.. employee because of his membership or activity on be-
half of the Employees Independent Union of. Life Savers
Corporation.
Dated ---------------- .
LIFE SAVERS CORPORATION,
By
(g) File with the Regional Director of the Second Region,
within ten (10) days from the date of the entry of this Order,
a report in writing, setting forth in detail the manner and form
in which it has complied with the foregoing requirements.