M. & M. Bakeries, Inc.

National Labor Relations Board - Board Decisions

Jun 9, 1941

32 N.L.R.B. 409 (N.L.R.B. 1941)

Iii the Matter of M. & M. BAKERIES, INC . and BAKERY AND CONFECTION-
ERY WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 484 (AFL)
Case No. C-1881.-Decided June 9, 19.11
Jurisdiction : baking industry
Settlement : stipulation providing for compliance with the Act.
Remedial ' Orders: entered on stipulation.
Mr. Albert J. Hoban. for the Board.
Hughes d Burns, by Mr. Stanley M. Burns, of Dover, N. H. for
the -respondent.
Mr. William V. Irvine, of Boston, Mass., for Local 484.
Mr. Harry Gothro, Mr. Daniel Wheeler, and Miss Mary Mater, of
Dover, N. H., for the Association.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Bakery and' Con-
fectionery Workers International Union of America, Local 484
(AFL), herein called Local 484, the National Labor Relations Board,
herein called the Board, by the Regional Director for the First Region
(Boston, Massachusetts), issued its complaint, dated March 28, 1941,
against M. &. M. Bakeries, Inc., Dover, New Hampshire, 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), (2), 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 and notices of hearing were duly served'upon
the respondent, upon Local 484, and-upon M. & M. Employees' Pro-
tective Association, Incorporated, herein called the Association, a
labor organization claiming to represent `employees directly affected
by the proceeding:
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent, on or about July 19, 1939, and
at all times thereafter, dominated and interfered with the' formation
32 N L R B, No. 83,
409
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and administration of the Association and contributed financial and
other support to it, by certain specified acts; (2) that on or about
August 21, 1940, the respondent discharged and thereafter refused
to reinstate Daniel Wheeler because of his membership in and activity
on behalf of Local 484 and because he engaged in concerted activities
with other employees for their mutual aid and protection; and (3)
that on or about July 15, 1939, and at various times thereafter, the
respondent interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act by various
specified acts and statements to its employees. On May 9, 1941, the
respondent filed an answer denying the commission of the unfair
labor practices alleged in the complaint.
On May 12, 1941, the respondent, Local 484, the Association, and
counsel for the Board entered into a stipulation in settlement of the
case. The stipulation provides as follows :
It is hereby stipulated and agreed by and between M. & M.
BAKERIES, INC., BAKERY AND CONFECTIONERY
WORKERS INTERNATIONAL' UNION OF AMERICA,
LOCAL 484, affiliated with the American Federation of Labor,
M. & M. EMPLOYEES' PROTECTIVE ASSOCIATION, IN-
CORPORATED, hereinafter called the Association, and Albert
J. Hoban, Attorney for the National Labor Relations Board,
First Region, that :
I. Upon Charges and Amended Charges duly filed by Bakery
and Confectionery Workers International Union of America,
Local 484 (AFL), hereinafter called the Union, the National
Labor Relations Board, hereinafter called the Board, by A.
Howard Myers, Regional Director for the First Region, (Boston,
Massachusetts), acting pursuant to its Rules and Regulations-
Series 2-as amended, Article IV, Section 1, issued its Complaint
and Notice of Hearing on March 28, 1941, against M. & M.
Bakeries, Inc., a Massachusetts Corporation, hereinafter called
the Respondent.
II. A copy of the Amended Charge, Complaint and Notice of
Hearing thereon and a copy of National Labor Relations -Board
Rules and Regulations-Series 2, as amended, were duly served
upon the parties, namely the Respondent, the Association and
the Union on March 29, 1941, said hearing being scheduled for
April 10, 1941, in the Court Room, Superior Court House, Dover,
New Hampshire. On April 8, 1941, the said hearing was post-
poned indefinitely: On April 21, 1941, the hearing was re-
scheduled for May 1, 1941. On April 26, 1941, the said hearing
was postponed to May 8, 1941. On May 7, 1941, the said hearing
was postponed to May 12, 1941. On May 6, 1941, the Respondent
M. M. BAKERIES, INC. 411
filed its Answer, in substance denying the allegations set forth
in the Complaint.
III. The Respondent is now and has been since on or about 1922,
a corporation organized and existing under the laws of the Com-
monwealth of Massachusetts, with its principal office and place
of business at Dover, County of Strafford, State of New Hamp-
shire. The respondent is engaged in the baking, sale and distri-
bution of bread, cake and pastry. During the calendar year
1940 the Respondent purchased in excess of 1,000,000 pounds of
flour, sugar, yeast, salt and other ingredients used in the manu-
facture of its finished products. More than 50 per cent of said
ingredients were shipped to the Respondent from points outside
the State of New Hampshire. During said calendar year 1940
the Respondent manufactured in excess of 1,000,000 pounds of
bread, cake and pastry. In excess of 50 per cent of such bread,
cake and pastry was shipped by-Respondent to points outside
the State of New Hampshire. The Respondent admits, for the
purpose of this case only, that it is engaged in interstate commerce
within the meaning of the National Labor Relations Act. The
Respondent employs in excess of 100 employees.
Mary Mater was authorized on behalf of the Association to sign
this stipulation and agreement.
IV. The parties hereto agree that the Amended Charge, Com-
plaint, Notices of Hearing, dated March 28, 1941, April 8, 1941,
April 21, 1941, April 26, 1941 and May 7, 1941, National Labor
Relations Board Rules and Regulations-Series 2, as amended,
and Respondent's Answer to Complaint, Authorization to Mary
Mater by Association, dated May 12, 1941, and this Stipulation
and Agreement shall constitute the entire record in this case,
and may be filed with the Chief Trial Examiner of said Board
at Washington, D. C.
V. The Respondent denies that it has violated any of the
provisions of the National Labor Relations Act, and more par-
ticularly any of the provisions of said Act as set forth in said
Charges, Amended Charges and Complaint; but for the purpose
of disposing of this matter in an amicable and expeditious
manner, stipulates and agrees that an order may be entered by
the Board, as more specifically hereinafter set forth.
VI. The parties hereto expressly waive their right to a hearing
in-this matter and the making of Findings of Fact and Conclu-
sions of Law by the Board, pursuant to provisions of the Act.
VII. It is further stipulated and agreed by the parties hereto
that upon the entire record in this case and this Stipulation
and Agreement, if approved b yhe National Labor Relations
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board, an Order may forthwith be entered by said Board, pro-
viding as follows :
Respondent, M. & M. Bakeries, Inc., its officers, agents, suc-
cessors and assigns shall:
1. Cease and desist from :
(a) Dominating or interfering with the formation or ad-
'ministration of Al. & M.' Employees' Protective Association,
Incorporated, or with the formation or administration of any
other labor organization of its employees, and from contribut-
ing" support to M. & M. Employees' Protective Association,
Incorporated, or any other labor organization of its employees ;
(b) Recognizing the M. & M. Employees' Protective Asso-
ciation, Incorporated as the representative of any of its em-
ployees for the purpose of collective bargaining with respect
to rates of pay, wages, hours of employment, or other condi-
tions of employment;
(c) Giving effect to or performing any and all contracts,
written instruments or arrangements now existing with the
M. & M. Employees' Protective Association, Incorporated,
relating to rates of pay, wages, hours of employment, or other
conditions of employment, including the written agreement
between the Respondent and the Association, dated November
1, 1939;
(d) In any other manner interfering with, restraining or
coercing its employees in the exercise of the right to self-or-
ganization; to form, join or assist labor organizations, to bar-
gain collectively through" representatives of their own choos-
ing, or to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
2. Take the following affirmative action which the Board finds
will effectuate the policies, of the Act :
(a) Withdraw all recognition from and completely dises-
tablish the M. & M. Employees' Protective Association, In-
corporated, as representative of any of its employees, for the
purpose of collective bargaining in respect to rates of pay,
wages, hours of employment and other conditions of employ-
ment ;
(b) Post notices to its employees stating (1) that the Re-
spondent will not engage in the conduct from which it is
ordered to cease and desist, in Paragraph 1 (a), (b), (c) and
(d) of this Order; (2) that the Respondent will take the
affirmative action set forth in Paragraphs 2 (a), (b) and (c)
of this Order.
M. M. BAKERIES ,, INC. - 413
(c) Notify the Regional Director for the First Region in
writing within 10 days from the date of this Order what steps
the Respondent has taken to comply therewith.,
AND ITIS FURTHER ORDERED that the Complaint , insofar as it
alleges that the Respondent has engaged in unfair labor practices
within the meaning of Section 8 (3) of the Act by the discharge
of Daniel Wheeler, be, and it hereby is, dismissed.
VIII. It is further stipulated and agreed by and between the
parties hereto that after the entry of the Order by the Board, as
provided in this Stipulation, the-United States Circuit Court
of Appeals for the First Circuit, may, upon application by the
Board and without notice to Respondent , enter its Decree en-
forcing in full the said Order of the Board, and each or the
parties hereto hereby consents to the entry of such Decree and
hereby waives its right to contest the entry of any such Decree
and to receive notice of the filing of such application by the
Board
IX. All stipulations herein made are subject to the approval
of the National Labor Relations Board, and should the National
Labor Relations Board fail to approve the terms and conditions
contained herein, this Stipulation and Agreement shall become
null and void and of no effect , and the proceedings in this matter
shall be in the salve status as if no stipulation had been entered
into. -
X. All terms agreed upon are contained within this Stipula-
tion and Agreement and there is no verbal or other agreement
of any kind which varies, alters or adds to this Stipulation and
Agreement.
On May 23, 1941, the Board issued its order approving the- above
stipulation , making it a part of the record in the case, and trans-
ferring the proceeding 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 above stipulation and the entire record in the case, the
Board makes the following : - -
FINDINGS OF FACT
I. THE BUSINESS , OF, THE RESPONDENT
M: & M. Bakeries , Inc., is a corporation existing under the laws
of Massachusetts , with its principal office and . place of business at
Dover, New Hampshire. It is engaged in the business of baking,
selling, and distributing bread, cake, and pastry. During the year
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1940 the respondent purchased in excess of 1,000,000 pounds of flour,
sugar, yeast, salt and other ingredients used in the manufacture of
its finished products. More than 50 per cent of said ingredients were
shipped to the respondent from points outside the State of New
Hampshire. During the same period the respondent manufactured
in excess of 1,000,000 pounds of bread, cake, and pastry, of which
more than 50 per cent was shipped by the respondent to points out-
side the -State of New Hampshire. The respondent employs more
than 100 employees.
For the purpose of this proceeding the respondent admits that
it is engaged in interstate 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 M. & M. Bakeries, Inc., Dover, New Hampshire,
its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Dominating or interfering with the formation or adminis-
tration of M. & M. Employees' Protective Association, Incorporated,
or with the formation or administration of any other labor organiza-
tion of its employees, and from contributing support to M. & M.
Employees' Protective Association, Incorporated, or any other labor
organization of its employees ;
(b) Recognizing the M. & M. Employees' Protective Association,
Incorporated, as the representative of any of its employees for the
purpose of collective bargaining with respect to rates of pay, wages,
hours of employment, or other conditions of employment ;
(c) Giving effect to or performing any and all contracts, written
instruments or arrangements now existing with the M. & M. Em-
ployees' Protective Association, Incorporated, relating to rates of
pay, wages, hours of employment, or other conditions of employment,
including the written agreement between the respondent and the
Association, dated November 1, 1939;
(d) In any other manner interfering with, restraining or coercing
its 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, or to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection. -
M. M. BAKERIES, INC. 415
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Withdraw all recognition from and completely disestablish
the M. & M. Employees' Protective Association, Incorporated, as
the representative of any of its employees, for the purpose of collec-
tive bargaining in respect to rates of pay, wages, hours of employment
and other conditions of employment ;
(b) Post immediately in conspicuous places, and maintain for a
period of at least sixty (60) days from the date of posting,, notices
to its employees stating (1) that the respondent will not engage in
the conduct from which it is ordered to cease and desist in para-
graphs 1 (a), (b), (c) and (d) of this Order; (2) that the respondent
will take the affirmative action set forth in paragraphs 2 (a) and
(b) of this Order;
(c) Notify the Regional Director for the First Region in writing
within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
AND IT IS FURTHER ORDERED that the complaint, in so far as it
alleges that the respondent has engaged in unfair labor practices
within the meaning of Section 8 (3) of the Act by the discharge
of Daniel Wheeler be, and it hereby is, dismissed.