M.F. Avila, Inc.

National Labor Relations Board - Board Decisions

Oct 26, 1949

86 N.L.R.B. 810 (N.L.R.B. 1949)

In the Matter of M. F. Avu:A, INC. and ACUSHNET TRUCKING, INC. and
BREWERY, FLOUR, CEREAL AND SOFT DRINK WORKERS, LOCAL 197
AND THE INTERNATIONAL UNION OF UNITED BREWERY, FLOUR,
CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, C. I. 0.
Case No. 1-CA-365.Decided October 26, 1949
DECISION
AND
ORDER
STATEMENT OF THE CASE
On September 16, 1949, M. F. Avila, Inc., and Acushnet Trucking,
Inc., herein called the Employers; International Union of United
Brewery, Flour, Cereal, Soft Drink and Distillery Workers of
America, C. I. O., herein called the International; Local 197, Brewery,.
Flour, Cereal and Soft Drink Distillery Workers of America, C. I. 0.,
herein called Local 197; Local 59, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL,
herein called Local 59; and Torbert H. MacDonald, Attorney for the
General Counsel on behalf of the National Labor Relations Board,
herein called the Board, entered into a Settlement Stipulation, subject
to the approval of the Board, providing for the entry of a consent
order by the Board, and a consent decree by the appropriate United
States Court of Appeals. The parties waived all further and other
procedure before the Board to which they may be entitled under the
National Labor Relations Act, as amended, and the Rules and Regula-
tions of the Board.
The aforesaid Settlement Stipulation is hereby approved and made
a part of the record herein, and, in accordance with Section 203.51 of
National Labor Relations Board Rules and Regulations, the proceed-
ing is hereby transferred to and continued before the Board for the
entry of a Decision and Order pursuant to the provisions of the afore-
said Settlement Stipulation.
Upon the basis of the aforesaid Settlement Stipulation and the entire
record in the case, the Board makes the following :
86 N. L. R. 13., 126.
810
M. F. AVILA, INC.
FINDINGS OF FACT
811
1. The business of the Employers :
The Employers are Massachusetts corporations, having their princi-
pal offices and place of business at New Bedford, Massachusetts, are
engaged in the purchasing and wholesale selling of liquor, wine, malt
beverages, and other alcoholic and nonalcoholic beverages, and the
transportation and delivery of said beverage products. During the-
past 12 months the Employers handled a volume of business in excess
of $150,000, of which amount, considerable portions originated from
points outside the Commonwealth of Massachusetts.
The Employers admit, for the purposes of this Stipulation, and
we find that they are engaged in commerce within the meaning of the
Act, as amended.
2. The organizations involed :
Local 197, Local 59, and the International are labor organizations
within the meaning of Section 2 (5) of the Act.
ORDER
Upon the basis of the above findings of fact, the Settlement Stipula
tion, and the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Employers, Al. F. Avila, Inc..
and Acushnet Trucking, Inc., New Bedford, Massachusetts, their suc-
cessors and assigns shall :
1. Cease and desist from :
(a) Discriminating in regard to hire or tenure of employment or any
term or condition of employment to encourage or discourage member-
ship in Local 197, Brewery, Flour, Cereal Soft Drink and Distillery
Workers of America, CIO, or any other labor organization of its
employees;
(b) Giving effect to the Agreement of January 3, 1949, between
Acushnet Trucking, Inc., and Local 59 or to any extension renewal
or modification of said Agreement or to any other contract or agree-
ment between Acushnet Trucking, Inc., and Local 59 which may now
be in force;
(c) Recognizing Local 59, International Brotherhood of Teamsters,.
Chauffeurs, Warehousemen and Helpers of America, AFL, or any
other labor organization as the representative of any of its employees
for the purpose of dealing with Acushnet Trucking, Inc., concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment until Certification of Represent-
atives has been issued by the National Labor Relations Board.
.812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) In any manner interfering with, restraining, or coercing its
employees in the exercise of their right to self-organization to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or
protection as guaranteed in Section 7 of the Act.
2. Take the following affirmative action to effectuate the policies
.of the Act:
(a) Withdraw recognition from Local 59, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, AFL, as the representative of its employees for the purpose of
dealing with Acushnet Trucking, Inc., concerning grievances, labor
disputes, Wages, rates of pay, hours of employment, or other conditions
of employment;
(b) Make whole the after enumerated six (6) employees for any
loss of pay they may have suffered by reason of Employer's discrimina-
tion against them :
1. Alfred Dupuis 4. Victor Duarte
2. Clarence Wordell 5. Edward Corrira
3. Edward Pierce 6. Charles McGuire
(c) Post immediately in conspicuous places in their said offices
in New Bedford, Massachusetts, copies of the Notice attached hereto.
Said copies of the Notice, after having been duly signed by officers of
the Employers, to be posted and maintained by it for a period of sixty
(60) days from the date of posting. The Employers shall take all
steps necessary to insure that such notices are not altered, defaced or
covered by any material;
(d) Notify the Regional Director of the First Region in writing
within ten (10) days of the date of this Order of the steps the Employ-
ers have taken to comply herewith.
MEMBERS REYNOLDS AND MURDOCK took no part in the consideration
of the above Decision and Order.
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that:
WE WILL NOT in any 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 BREWERY, FLOUR,
CEREAL AND SOFT DRINK WORKERS, LOCAL No. 197 or any other
M. F. AVILA, INC. 813
labor organization, 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 pro-
tection.
WE WILL make whole the employees named below for any loss of
pay suffered as a result of the discrimination :
Alfred Dupuis Victor Duarte
Clarence Wordell Edward Corrira
Edward Pierce Charles McGuire
WE WILL withdraw recognition from Local 59, International
Brotherhood of Teamsters , Chauffeurs , Warehousemen and Help-
ers of America , AFL, as the representative of the employees of
M. F. Avila, Inc., and/or Acushnet Trucking, Inc., for the pur-
pose of acting as their collective bargaining representative in
matters concerning grievances , labor disputes , rates of pay, wages,.
hours of employment, or other conditions of employment.
All our employees are free to become or remain members of the.
above-named union or any other labor organization . We will not
discriminate in regard to hire or tenure of employment or any term
of condition of employment against any employee because of member-
ship in or activity on behalf of any such labor organization.
M. F. AVILA, INC.
Employer.
By [s] M. F. AVILA,
Representative.
Dated 9-14-49
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.