National Dairy Products Corp.

National Labor Relations Board - Board Decisions

Mar 7, 1939

11 N.L.R.B. 977 (N.L.R.B. 1939)

In the Matter of NATIONAL DAIRY PRODUCTS CORPORATION and SUPPLEE-
WILLS-JONES MILK COMPANY and BAKERY AND MILK DRIVERS
UNION, LOCAL No. 463, AFFILIATED WITH THE INTERNATIONAL
BROTHERHOOD Ov TEAMSTERS , CHAUFFEURS AND STABLEMEN OF
AMERICA (A. F. OF L.)
Case No. C-1903.Decided March 7, 1939
Milk and Milk Products Industry-Settlement : stipulation providing for rein-
statement with back pay of one employee-Order: entered on stipulation.
Mr. Jack Davis, for the Board.
Mr. Harry J. Alker, Jr., of Philadelphia, Pa., Mr. Robert S.
Gordon, and Mr. William Nuessle, of New York City, for the
respondent.
Mr. John B. Backhus, of Philadelphia, Pa., for the Union.
Mr. Sumner Marcus, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Bakery and Milk
Drivers' Union, Local No. 463, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Fourth Region (Philadelphia, Pennsylvania), issued
its complaint on November 21, 1938, against National Dairy Products
Corporation 1 and Supplee-Wills-Jones Milk Company, Philadelphia,
Pennsylvania, herein called the respondent, alleging that the respond-
ent had engaged in and was engaging in unfair labor practices affect-
ing 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. A copy of the complaint and notice of
hearing 2 thereon were duly served upon the respondent and the
Union. Thereafter the respondent filed an answer to the complaint.
I The complaint as to the National Dairy Products Corporation was subsequently dis-
missed. This section, therefore, relates only to the respondent, Supplee-wills-Jones Milk
Company.
2 The hearing was subsequently postponed indefinitely upon notice to the parties.
11 N. L. R. B., No. 81.
977
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices the complaint alleged in sub-
stance that the respondent discharged and refused to reinstate one of
its employees, Wayne Chalfant, because he had joined and assisted
the Union and engaged in concerted activities for the purpose of
collective bargaining and other mutual aid and protection; that the
respondent urged, persuaded, and warned its employees not to join
or assist the Union, spied on union meetings, and threatened its em-
ployees with loss of employment if they joined and assisted the Union;
that the respondent organized, fostered, dominated, and controlled a
labor organization of its employees at its Philadelphia plants and
branches; and that by the foregoing acts and other acts the respondent
coerced, interfered with, and restrained its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
On February 2, 1939, the respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. This stipu-
lation provides as follows :
It is hereby stipulated and agreed by and between Supplee-
Wills-Jones Milk Company, one of the respondents herein; Bak-
ery and Milk Drivers Union, a party herein; and Jack Davis,
attorney for the National Labor Relations Board, that :
I. Upon charges duly filed by Bakery and Milk Drivers Union,
Local No. 463, affiliated with the International Brotherhood of
Teamsters, Chauffeurs and Stablemen of America (A. F. of L.),
the National Labor Relations Board, by the Regional Director for
the Fourth Region, acting pursuant to authority granted in
Section 10 (b) of the National Labor Relations Act (49 Stat. 449)
and its Rules and Regulations, Series' 1, as amended, Article IV,
Section 1, issued its complaint on the 21st day of November, 1938,
against the National Dairy Products Corporation and Supplee-
Wills-Jones Milk Company, respondents herein.
II. Respondent, Supplee-Wills-Jones Milk Company, is and
has been since on or about October 24, 1916, a corporation organ-
ized and existing by virtue of the laws of the State of Pennsyl-
vania, having its principal office in the City of Philadelphia, State
of Pennsylvania, and is now and has continuously for a long
period of time been engaged in the production, purchase, sale
and distribution of milk, cream, buttermilk, cottage cheese, ice
cream, skim milk powder, skim plain condensed milk, skim sweet
condensed milk, whole plain condensed milk, skim milk, and
kindred products, and in the course and conduct of its business
maintains and operates plants and branches in the City of Phila-
delphia, State of Pennsylvania, and numerous and divers other
cities in the States of Pennsylvania, New Jersey, Maryland, and
Delaware.
NATIONAL DAIRY PRODUCTS CORPORATION ET AL. 979
III. Respondent , Supplee-Wills-Jones Milk Company, in the
course and conduct of its business , as outlined in paragraph II
above, operates plants and branches at: 1523 N. 26th Street,
11th and Jefferson Streets, 4709 Lancaster Avenue, 15 South
34th Street, Carlisle and Reed Streets , 6213 Germantown Ave-
nue, Worth and Orthodox Streets, and 47th and Merion Avenue,
all of Philadelphia , Pennsylvania ; Jenkintown , Darby, Chester,
Norristown , Allentown , Bryn Mawr , Reading, Bedford, Center-
ville, Chambersburg , Duncannon, Huntingdon , Leaman Place,
Lewistown , Mercersburg , Red Hill , Waynesboro , and Zieglers-
ville, all of Pennsylvania ; 7th and Market Streets , Camden, New
Jersey, Merchantville , Union Heights, Trenton, Princeton, At-
lantic City , Ocean City , Millville, and Wildwood , all of New
Jersey, Chestertown , Hagerstown , Kennedyville , Princess Anne,
Maryland; Harrington , Mt. Pleasant, Nassau, and Townsend, all
of Delaware.
IV. In addition to the facts set forth in paragraphs II and
III above , the respondent stipulates and agrees that the follow-
ing are facts concerning the interstate commerce features of its
business and operations and the Board may make findings
accordingly.
(a) Size of business:
1. Number of employees-2004 week ending April 19, 1938.
2. Amount of payroll-$72,538.47 week ending April 19, 1938.
3. Volume of products-purchase and disposal of 238,023,820
pounds of milk in 1937 ; 80,780 ,981 quarts of milk; 2 ,357,540
gallons ice cream.
4. Value of products-Sales (net of all products ) $14,938,-
373.19.
5. Relative size in industry-No. 1 in Philadelphia , 700 milk
routes; 17 ice cream routes.
(b) Nature of raw materials:
1. Milk purchased from patrons or producers or farmers in
States of Pennsylvania , Maryland , Delaware , New Jersey and
Nest Virginia.
2. Other supplies : Milk in various bottled types purchased
from Walker-Gordon Laboratory ; sugar and flavors used in
manufacture of ice cream.
3. Volume of raw materials brought in from without the
State of Pennsylvania.
1937-81,191 ,975 lbs. milk ( included New Jersey, Maryland,
West Virginia and Delaware).
4. Volume of materials brought in from within the State of
Pennsylvania.
1937-156,831 ,845 lbs. milk.
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. Percentage of raw materials purchased from without the
State of Pennsylvania in relation to total volume.
(c) 34.1%. Market for products:
1. States : Pennsylvania, New Jersey, Delaware, and Maryland.
2. Principal cities : Philadelphia, Camden, Trenton, Chester,
Princeton, Atlantic City, Ocean City, Norristown, Wildwood, and
other surroundings.
3. Foreign. None.
4. Other manufacturers: Bakers, Candy manufacturers.
5. States : Pennsylvania, New Jersey, Delaware, and Maryland.
6. Percentage of volume shipped out of the State of Penn-
sylvania : 23.9 per letter of December 7, 1937.
7. Percentage of finished products shipped to points within
the State of Pennsylvania : 76.1 per letter of December 7, 1937.
(d) Sales methods:
1. Sales in most cases to housewives, grocery stores, apart-
ment houses, schools, hospitals and institutions, by delivery sales-
men using horse drawn vehicles and light delivery trucks as the
conveyance for products to be sold.
(e) Advertising methods:
1. Trade journals. None.
2. Local papers. Ledger, Record, Bulletin, Inquirer, miscel-
laneous others. -
(f) Shipping or delivery methods :
1. Railroad or water.
2. Freight or express.
3. Truck.
Company owned, only for delivery to branches.
V. Respondent, Supplee-Wills-Jones Milk Company, is en-
gaged in interstate commerce within the meaning of the National
Labor Relations Act, and the decisions of the United States
Supreme Court thereunder.
VI. This stipulation, together with the charge, amended
charges, complaint, notice of hearing, answers and Rules and
Regulations of the National Labor Relations Board may be intro-
duced as evidence by filing them at Washington, D. C., with
the Trial Examiner of the National Labor Relations Board
designated by said Board to conduct a hearing herein.
VII. The taking of testimony or evidence before the Examiner
in this matter and the making of findings of facts and conclusions
by the Board pursuant to the provisions of the National Labor
Relations Act are hereby expressly waived by the respondent
herein, Supplee-Wills-Jones Milk Company.
VIII. Upon this stipulation, if approved by the National
Labor Relations Board, and upon the record herein, an order may
NATIONAL DAIRY PRODUCTS CORPORATION ET AL . 981
forthwith be entered by said Board and by the appropriate United
States Circuit Court of Appeals, without further notice of the
application for enforcement thereof, providing as follows :
The respondent, Supplee-Wills-Jones Milk Company, and its
officers, agents, successors and assigns shall :
I. Cease and desist-
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to bar-
gain 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;
(b) From discouraging membership in Bakery and Milk
Drivers Union, Local No. 463, affiliated with the International
Brotherhood of Teamsters, Chauffeurs and Stablemen of America
(A. F. of L.), or any other labor organization of its employees,
by discriminating against employees in regard to hire or tenure
of employment or any condition of employment or in any other
manner;
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Offer to Wayne Chalfant, on or before December 14, 1938,
immediate and full reinstatement to a position acceptable to said
Wayne Chalfant, without loss of seniority to such extent as pre-
viously enjoyed by him, and without prejudice to any rights and
privileges previously enjoyed by him and which are now enjoyed
by those presently employed in like positions, and shall upon his
application in the customary manner for employment with re-
spondent, Supplee-Wills-Jones Milk Company, so reinstate him;
(b) Make whole the said Wayne Chalfant for the loss of pay
suffered by him on or before December 19, 1938, by payment to
him of the sum of Five hundred Dollars ($500) ;
(c) Inform all of its officials and agents, including superin-
tendents and foremen and other supervisory employees, that they
shall not threaten employees in any manner because of their
membership in any labor organization in general, or the Bakery
and Milk Drivers Union, Local No. 463, affiliated with the Inter-
national Brotherhood of Teamsters, Chauffeurs and Stablemen
of America (A. F. of L.), in particular;
(d) Post and keep visible in a prominent place in each depart-
ment of the plants and branches of the respondent, Supplee-Wills-
Jones Milk Company, for a period of thirty (30) days after
receipt of copies of the order to be entered by the National Labor
Relations Board;
164275-39-vol xi-63
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(e) Respondent, Supplee-Wills-Jones Milk Company, shall
notify the Regional Director for the Fourth Region of compliance
with the foregoing order within thirty (30) days from the date of
its entry by the Board.
IX. It is further stipulated and agreed that the complaint,
insofar as it relates to the respondent, National Dairy Products
Corporation, be dismissed without prejudice.
X. It is further stipulated and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
On February 24,1939, 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. The Board also ordered that the complaint be dis-
missed in so far as it related to National Dairy Products Corporation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Supplee-Wills-Jones Milk Company, is a Pennsyl-
vania corporation, engaged in the production, purchase, sale, and
distribution of milk, cream, buttermilk, cottage cheese, ice cream, skim
milk powder, skim plain condensed milk, skim sweet condensed milk,
whole plain condensed milk, skim milk, and kindred products, with
its principal office and place of business in Philadelphia, Pennsylvania.
The respondent is the largest dairy concern in Philadelphia, Penn-
sylvania, and maintains plants and branches there and at numerous
other cities in the States of Pennsylvania, New Jersey, Maryland, and
Delaware. During the year 1937, in the operation of its business, the
respondent purchased 238,023,820 pounds of milk, 80,780,981 quarts
of milk, and 2,357,450 gallons of ice cream, 34.1 per cent of which
was shipped to its Pennsylvania plants and branches from outside the
State of Pennsylvania. During this same period the respondent made
sales amounting to $14,983,373, of which it shipped 23.9 per cent to
points outside the State of Pennsylvania. During the week ending
April 19, 1938, the respondent employed 2,004 persons. The respond-
ent stipulated that it is engaged in interstate commerce within the
meaning of the Act.
We find that the above-described operations constitute a continu-
ous 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 DAIRY PRODUCTS CORPORATION ET AL. 983
National Labor Relations Act, the National Labor Relations Board
hereby orders that Supplee-Wills-Jones Milk Company, Philadel-
phia, Pennsylvania, its officers, agents, successors and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights 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 purposes of collective bargaining or other mutual
aid and protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in Bakery and Milk Drivers' Union,
Local No. 463, affiliated with the International Brotherhood of
Teamsters, Chauffeurs and Stablemen of America (A. F. of L.), or
any other labor organization of its employees, by discriminating
against its employees in regard to hire or tenure of employment or
any condition of employment or in any other manner.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Offer to Wayne Chalfant on or before December 14, 1938,
immediate and full reinstatement to a position acceptable to said
Wayne Chalfant, without loss of seniority to such extent as pre-
viously enjoyed by him, and without prejudice to any rights or
privileges previously enjoyed by him and which are now enjoyed
by those presently employed in like positions, and reinstate him
upon his application in a customary manner for employment with
the respondent;
(b) Make whole the said Wayne Chalfant for loss of pay suffered
by him on or before December 19, 1938, by payment to him of the
sum of $500;
(c) Inform all of its officers and agents, including superintend-
ents and foremen and other supervisory employees that they shall not
threaten employees in any manner because of their membership in
any labor organization in general or the Bakery and Milk Drivers'
Union, Local No. 463, affiliated with the International Brotherhood
of Teamsters, Chauffeurs and Stablemen of America (A. F. of L.),
in particular;-
(d) Post and keep visible in prominent places in each department
of the plant and branches-of the respondent for a period of thirty
(30) days after receipt thereof copies of this order;
(e) Notify the Regional Director for the Fourth Region of com-
pliance with the foregoing order within thirty (30) days from the
date of this order.