Nutrena Mills, Incorporated

National Labor Relations Board - Board Decisions

May 20, 1939

12 N.L.R.B. 1123 (N.L.R.B. 1939)

In the Matter of NUTRENA MILLS, INCORPORATED and FLODE MILL AND
CEREAL WORKERS FEDERAL LABOR UNION No. 20601, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. C-1000.-Decided May 20,1939
Poultry and Live Stock Feeds Manufacturing and Distributing Industry-
Settlement : stipulation providing for compliance with the Act, including rein-
statement with back pay and disestablishment of company -dominated union-
Order: entered on stipulation.
Mr. Daniel J. Leary and Mr. Paul F. Broderick, for the Board.
Borders, Borders & Warricle, by Mr. Cornelius Roach, of Kansas
City, Mo., and Borders, Warrick cl^ Hazzard, by Mr. M. W. Borders,
Jr., of Kansas City, Mo., for the respondent.
Mr. Earl Dietz, of Kansas City, Mo., for the Union.
Mr. Morris D. Hildreth, of Coffeyville, Kans., for 15 employees of
Nutrena Mills, Incorporated.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Flour Mill and
Cereal Workers Federal Labor Union No. 20601, affiliated with the
American Federation of Labor, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Acting Re-
gional Director for the Seventeenth Region ( Kansas City, Missouri),
issued its complaint dated June 24, 1938, against Nutrena Mills, In-
corporated, Coffeyville, Kansas, 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), (3), and (5) 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 thereon were duly served upon the
respondent and the Union. On July 11, 1938, the respondent filed
its answer to the complaint in which it admitted the allegations con-
cerning its corporate structure and the nature of its business, but
denied the allegations concerning the scope of its business and the
allegations of unfair labor practices.
12 N. L. R. B., No. 112.
169134-39-vol 12-72 1123
1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the unfair labor practices, the complaint alleged, in
substance, that although a majority of the respondent's employees in
an appropriate unit designated the Union as their representative for
the purpose of collective bargaining, the respondent refused to bar-
gain collectively with the Union; that the respondent terminated the
employment of and refused to reinstate Wilson Ray because he was
a member of and was active in behalf of the Union; that the respond-
ent dominated and interfered with the formation and administration
of a labor organization of its employees known as Nutrena Mills,
Incorporated, Employees Association; and that the respondent, by
the afore-mentioned activities and by urging, persuading, and warn-
ing its employees to refrain from becoming or remaining members of
the Union and by other acts, interfered with, restrained, and coerced
its employees in the exercise of the rights guaranteed in Section 7 of
the Act.
Pursuant to notice, a hearing was held on July 14, 15, and 16, 1938,
at Coffeyville, Kansas, before Theo. R. Bland, the Trial Examiner
duly designated by the Board. The respondent, the Union, and the
Board participated in the hearing and were represented by counsel.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues was afforded
all parties.
On October 24, 1938, the Trial Examiner filed his Intermediate
Report in which he found that the respondent had committed unfair
labor practices affecting commerce within the meaning of Section
8 (1), (2), (3), and (5) of the Act, as alleged in the complaint. He
recommended that the respondent cease and desist from its unfair
labor practices, offer reinstatement with back pay to the employee
found to have been unlawfully discharged and/or refused reinstate-
ment, completely disestablish the Nutrena Mills, Incorporated, Em-
ployees Association as a representative of its employees, upon request,
bargain collectively with the Union, and post appropriate notices.
On November 7, 1938, the respondent filed a motion for extension of
time within which to file exceptions. This extension of time was
granted to all parties by the Board's order of December 7, 1938, which
extended said period, nuns pro tune as of November 26, 1938, until
December 6, 1938.
On December 16, 1938, the respondent, the.-Union, and counsel for
the Board entered into a stipulation in settlement of the case. This
stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between the Nutrena
Mills, Inc., hereinafter referred to as Respondent, the Flour Mill
and Cereal Workers, Federal Labor Union No. 20601, t-ffiliated
NUTRENA MLILS, INCORPORATED 1125
with the American Federation of Labor, hereinafter referred to
as the Union, and Paul F. Broderick, Acting Regional Director,
Seventeenth Region, National Labor Relations Board, as follows :
I
1. Upon charges duly filed by the Union, the National Labor
Relations Board, through Ernest C. Dunbar, Acting Regional
Director, Seventeenth Region of the National Labor Relations
Board, agent of the National Labor Relations Board acting pur-
suant to authority granted in Section 10 (b) in the National
Labor Relations Act, approved July 5, 1935, and- acting pursuant
to its Rules and Regulations-Series 1, as amended-Article IV,
Section 1, issued its complaint and notice of hearing on the 24th
day of June, 1938, against Respondent. The complaint and no-
tice of hearing was duly served on the Respondent on the 27th
day of June, 1938. A hearing in said matter before Theo. R.
Bland, duly authorized to act as Trial Examiner, was held in
Coffeyville, Kansas, commencing on the 14th day of July and
ending on the 16th day of July, 1938, the Intermediate Report
of the Trial Examiner in said matter was issued on October 24,
1938, and duly served upon the parties hereto on October 26,
1938, and on October 28, 1938, said matter was transferred to the
National Labor Relations Board in Washington, D. C.
II
It is stipulated and agreed by and between the respective
parties hereto that the National Labor Relations Board may
forthwith enter an order in the above-entitled case to the follow-
ing effect :
Respondent, Nutrena Mills, Inc., and its officers, agents, suc-
cessors and assigns shall
1. Cease and desist from the date hereof :
(a) From interfering with, restraining or coercing its em-
ployees in the exercise of their rights to self-organization, to
form, join or assist the Flour Mill and Cereal Workers, Federal
Labor Union No. 20601, or any other labor organization, to
bargain collectively through representatives of their own choos-
ing, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
(b) From discouraging membership in the Flour Mill and
Cereal Workers, Federal Labor Union No. 20601, or any other
labor organization, by discrimination in regard to hire or tenure
of employment, or any term or condition of'employment.
1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) From dominating or interfering with the formation or
administration of the Nutrena Mills, Inc., Employees Associa-
tion, or any other labor organization, and from contributing
financial or other support to said Nutrena Mills, Inc., Employees
Association, or any other labor organization.
(d) From refusing to bargain collectively with Flour Mill and
Cereal Workers, Federal Labor Union No. 20601, affiliated with
the American Federation of Labor, as the exclusive representa-
tive of Respondent's production employees in respect to rates of
pay, wages, hours of employment and other conditions of
employment.
2. Take the .following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Offer to Wilson Ray immediate and full reinstatement to
his former position without prejudice to his seniority or other
rights and privileges, and immediately pay to him the sum of five
hundred dollars ($500) in full settlement of all claims for back
pay occasioned by his discharge.
(b) Withdraw all recognition from the Nutrena Mills, Inc.,
Employees Association as representatives of its employees for the
purpose of dealing with the Respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment and
other conditions of employment, and completely disestablish the
Nutrena Mills, Inc., Employees Association as such representa-
tives.
(c) Upon request bargain collectively with the Flour Mill and
Cereal Workers, Federal Labor Union No. 20601, as the exclusive,
representative of the Respondent's production employees in re-
spect to rates of pay, wages, hours of employment and other
conditions of employment.
3. Post immediately in conspicuous places in the Respondent's
plant at Coffeyville, Kansas, and maintain for a period of at least
thirty (30) consecutive days, notices to its employees stating that
the Respondent :
(a) Will cease and desist in the manner aforesaid and
(b) Take the affirmative action aforesaid.
4. Notify the Acting Regional Director for the Seventeenth
Region within a period of ten (10) days after the entry of the
order what steps have been taken to comply with the said order.
III
It is further stipulated and agreed that after the making of
said order and decision by the National Labor Relations Board,
said Board may submit, without further notice to the parties
NUTRENA MLILS, INCORPORATED 1127
hereto, a consent decree to the appropriate United States Cir-
cuit Court of Appeals, which decree shall provide for the affirm-
ance and enforcement in full of each and every provision con-
tained in the order which it Js hereinbefore provided that the
National Labor Relations Board may make herein, and the sev-
eral parties hereto hereby consent to the entry of said decree by
said appropriate Circuit Court of Appeals.
IV
All stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
On December 28, 1938, the respondent, the Union, and counsel for
the Board entered into a supplemental stipulation and all parties
agreed that this supplemental stipulation should be incorporated as
"Paragraph 1-2" of the stipulation entered into on December 16,
1938. This supplemental stipulation provides as follows :
STIPULATION
It is hereby stipulated and agreed by and between the
Nutrena Mills, Inc., hereinafter referred to as respondent, Flour
Mill and Cereal Workers, Federal Labor Union No. 20601, af-
filiated with A. F. of L., hereinafter referred to as the union,
and Paul F. Broderick, Acting Regional Director, Seventeenth
Region, National Labor Relations Board, subject to the approval
of the National Labor Relations Board, that the following be
incorporated as "Paragraph 1-2." of the stipulation entered into
between the parties aforesaid on the 16th day of December, 1938:
"It is stipulated and agreed that the respondent is a Missouri
corporation, licensed to do business in the State of Kansas, with
its principal place of business located at 44 Ewing Street, Kansas
City, Kansas, and that respondent is engaged in the business of
manufacturing and distributing poultry and live stock feeds and
table corn meal at and from its mills in Coffeyville and Kansas
City, Kansas, and that more than one-half of the raw materials
used at its Coffeyville mill is transported to said mill, principally
by rail, from the states of Nebraska, Iowa, Illinois, Missouri,
Arkansas, Mississippi, Texas, Oklahoma, Tennessee and Louisi-
ana, and that its outbound shipments for the year 1937 totaled
five thousand (5,000) cars, seventy-five (75) to eighty (80) per
cent of which were shipped by railroad and truck to states other
than the State of Kansas."
1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 4, 1939, the Board issued its order approving the above
stipulations and making them part of the record.
Upon the basis of the above stipulations and the entire record in
the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Nutrena Mills, Incorporated, a Missouri corporation, is engaged in
the business of manufacturing and distributing poultry and live-
stock feeds and table corn meal. Its principal place of business is
located at Kansas City, Kansas, and it operates two mills, one located
in Coffeyville, and the other in Kansas City, Kansas. More than
50 per cent of the raw materials used at its Coffeyville mill are trans-
ported to said mill, principally by rail, from the States of Nebraska,
Iowa, Illinois, Missouri, Arkansas, Mississippi, Texas, Oklahoma,
Tennessee, and Louisiana. For the year 1937, its out-bound shipments
totaled 5,000 cars, at least 75 per cent of which were shipped by rail-
road and truck to States other than the State of Kansas.
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, stipulations, and the
entire record in the case, and pursuant to Section 10 (c) of the Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the Nutrena Mills, Incorporated, Coffeyville,
Kansas, and its officers, agents, successors, and assigns shall :
1. Cease and desist from the date hereof :
(a) From interfering with, restraining, or coercing its employees
in the exercise of their rights to self-organization, to form, join, or
assist the Flour Mill and Cereal Workers, Federal Labor Union No.
20601, or any other 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 protection;
(b) From discouraging membership in the Flour Mill and Cereal
Workers, Federal Labor Union No. 20601, or any other labor organi-
zation, by discrimination in regard to hire or tenure of employment,
or any term or condition of employment;
(c) From dominating or interfering with the formation or admin-
istration of the Nutrena Mills, Inc., Employees Association, or any
other labor organization, and from contributing financial or other
NUTRENA DILILS, INCORPORATED 1129
support to said Nutrena Mills, Inc., Employees Association, or to any
other labor organization;
(d) From refusing to bargain collectively with Flour Mill and
Cereal Workers, Federal Labor Union No. 20601, affiliated with the
American Federation of Labor, as the exclusive representative of
respondent's production employees in respect to rates of pay, wages,
hours of employment and other conditions of employment.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Wilson Ray immediate and full reinstatement to his
former position without prejudice to his seniority or other rights and
privileges, and immediately pay to him the sum of five hundred dol-
lars ($500) in full settlement of all claims for back pay occasioned
by his discharge;
(b) Withdraw all recognition from the Nutrena Mills, Inc., Em-
ployees Association as representatives of its employees for the pur-
pose of dealing with the respondent concerning grievances. labor
disputes, wages, rates of pay, hours of employment, and other condi-
tions of employment, and completely disestablish the Nutrena Mills,
Inc., Employees Association as such representatives ;
(c) Upon request bargain collectively with the Flour Mill and
Cereal Workers, Federal Labor Union No. 20601, as the exclusive
representative of the respondent's production employees in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
3. Post immediately in conspicuous places in the respondent's plant
at Coffeyville, Kansas, and maintain for a period of at least thirty
(30) consecutive days, notices to its employees stating that the
respondent :
(a) Will cease and desist in the manner aforesaid, and
(b) Take the affirmative action aforesaid.
4. Notify the Acting Regional Director for the Seventeenth Region
within a period of ten (10) days after the entry of this Order what
steps have been taken to comply with the said Order.