Puccinelli Packing Co.

National Labor Relations Board - Board Decisions

Apr 28, 1942

40 N.L.R.B. 890 (N.L.R.B. 1942)

In the Matter of R. P. PUCCINELLI, A. J. PIICCINELLI AND ELENA
PIICCINELLI, CO-PARTNERS, DOING BUSINESS AS PUCCINELLI PACKING,
COMPANY and PACKING HOUSE EMPLOYEES UNION, LOCAL #22911,
A.F.L.
Case No. C-2156.-Decided April 28, 1942
Jurisdiction : dried fruit packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Paul S. Kuelthau, for the Boaid
Mr. Harold L. Hjelm, of Turlock, Calif., for the respondents.
Mr. Gene D,e Christo f aro, of Fresno, Calif., for the Union.
M17r. Harry H. Knskin, of counsel to the Board. .
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges,duly filed by Packing House
Employees Union, Local #22911, affiliated with the American Fed-
eration of Labor, herein called the Union, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Twentieth Region (San Francisco, California), issued its com-
plaint and amendment to complaint on February 28, 1942, and March
2, 1942, respectively, against R. P. Puccinelli, A. J. Puccinelli, and
Elena Puccinelli, co-partners doing business as Puccinelli Packing
Company, herein called the respondents, alleging that the respondents
had engaged in, and were engaging in unfair labor practices affecting
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. Copies of the complaint and the amendment
thereto, and of notice of hearing thereon, were duly served upon the
respondents and the Union. -
With respect to the unfair labor practices, the complaint and the
amendment thereto alleged, in substance: (1) that the respondents
discriminated in regard to the hire and tenure of employment of
40 N L R. B, No. 157. -
890
PUCCINELLI PACKING COMPANY 891
employees A. G. Hildinger, Sanford Sumner, Jack Harrison, and
Elmer Russell, by laying off Hildinger and Sumner on or about
September 15, 1941, for approximately 1 day, by failing and re-
fusing to recall Hildinger, Sumner, and Harrison to work during the
period from October 3, 1941, to approximately November 1, 1941, by
discharging Hildinger, Harrison, and Sumner-on November 10, 1941,
and thereafter refusing •to,reinstate them, and by failing and refusing
to reemploy Elmer Russell after October 3, 1941, -because of their
union membership or activities; (2) that on and after September 1,
1941, the respondents warned employees not to wear union buttons in
the plant; urged, persuaded, and warned employees to organize an
unaffiliated union to represent them for-the purposes of collective
bargaining; threatened employees with loss of employment if they
became or remained members of the Union or authorized the Union
to represent them for the -purposes of collective bargaining; and vili-
fied and criticized the conduct of representatives of the Union for the
purpose of discouraging employees, from joining the Union; and (3)
that, since September 1, 1941, the respondents have, by the foregoing
acts, interfered with, restrained, and coerced their employees in the
exercise of the rights guaranteed in Section 7 of the Act. The re-
spondents did not file an answer.
Pursuant to notice, a hearing was held on March 16, 1942, before
William E. Spencer, the Trial Examiner duly designated by the
Chief Trial Examiner. The Board, the respondents, and the Union
were represented at and participated in the hearing. At the hearing,
the respondents, the Union, and the attorney for the Board entered
into'a.stipulation, subject`to'the approval of the Board, in settlement
of the case.' The stipulation was read into the record ancl'provides as
follows :
STIPULATION
A charge having been filed in this matter with the National
Labor Relations Board, Twentieth Region, by Packing House
Employees Union, Local No. 22911, A. F. L., herein called Local
No. 22911, and the National Labor Relations Board, by the
Regional Director for the Twentieth Region, having issued its
complaint alleging that R. P. Puccinelli, A. J. Puccinelli and
Elena Puccinelli, co-partners, doing business as Puccinelli Pack-
ing Company, herein called the Respondents, had engaged in and
were engaging in unfair labor practices within the meaning of
Section 8 (1) and (3) of the National Labor Relations Act, it
is hereby stipulated and agreed by and among the Respondents,
Local No. 22911, and Paul S. Kuelthau, Attorney, National Labor
Relations Board, as follows :
892 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
Respondents are a co-partnership, doing business as Puccinelli
Packing Company, with their principal office and place of business
in the city of Turlock, County of Stanislaus, State of California.
The Respondents are engaged in dehydrating, packing, and sell-
ing fruit, principally raisins. During the, fiscal year ending June
30, 1941, the Respondents' sales were $223,415.30, in excess of 50,
percent of which was sold and shipped to customers in states of
the United States other than California or in foreign countries.
All of the fruit purchased by the Respondents was purchased in
the State of California.
For the purpose of this proceeding, and for no other purpose,
the Respondents admit that they are engaged in interstate or
foreign commerce, or in activities affecting interstate or foreign
commerce, within the meaning of Section 2 (6) and (7) of the
National Labor Relations Act.
- II
Local No. 22911 is a labor organization within the meaning of
Section 2 (5) of the National Labor Relations Act.
lowing terms :
III
All parties hereto waive any right to any further proceedings
before the National Labor Relations Board in this matter, in-
cluding hearing, the making of findings of fact and conclusions
of law by said Board, and hereby expressly consent to the entry
of an order by the National Labor Relations Board in the fol-
ORDER
The National Labor Relations Board hereby orders that R. P.
Puccinelli, A. J. Puccinelli and Elena Puccinelli, co-partners,
doing business as Puccinelli Packing Company, their agents, suc-
cessors, and assigns shall:
1. Cease and desist from
(a) Discouraging membership in Packing House Employees
Union, Local No. 22911, A. F. L., or any other labor organization
of their employees, by discharging, refusing to reinstate, or other-
wise discriminating against their employees in regard to hire or
tenure of employment, or any term or condition of employment;
(b) In any other manner interfering with, restraining, or co-
ercing their employees in the exercise of their rights to self-
PUCCINELLI PACKING COMPANY 893
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.
2. Take the following affirmative action :
(a) Offer immediate and full reinstatement to A. G. Hildinger
and Elmer Russell to their former or substantially equivalent po-
sitions, either at. the plant in Turlock or at the dehydrator in
Livingston, without prejudice to their seniority or other rights
and privileges previously enjoyed, discharging if necessary per-
sons hired since September 29, 1941, and if no employment is
then ,available placing them upon a preferential list to be offered
employment before other persons are hired;
(b) Upon application, if work is available, reinstate Sanford
Sumner to his former or a susbtantially equivalent position with-
out prejudice to his seniority, or other rights and privileges,
previously enjoyed by him;
(c) Make whole A. G. Hildinger, Elmer Russell, Sanford
Sumner, and Jack Harrison for any loss of pay they may have
suffered by reason of the loss of their jobs with the respondents,
by payment to each of them of the sum of money set forth after
their names below :
A. G. Hildinger___________________________________ No loss.
Elmer Russell____________________________________ No loss.
Sanford Sumner_________________________________ No loss.
Jack Harrison------------------------------------ $50.00.
(d) Post immediately in conspicuous places at their plants in
Turlock and Livingston, California, and maintain for a period
of at'least sixty (60) consecutive days from the date of posting,
or the date of the beginning of the next season, whichever is
later , notices to their employees stating (1) that the Respondents
will not engage in the conduct from which they are ordered to
cease and desist in paragraphs 1 (a) and (b) of this Order; (2)
that the Respondents will take the affirmative action set forth in
paragraphs 2 (a), (b) and (c) of this Order; and (3) that the
Respondents ' employees are free to become or remain members
of Packing House Employees Union, Local No. 22911, A. F. L.,
and the Respondents will not discriminate against any employee
because of membership or activity in that organization.
IV
All parties hereto hereby expressly consent to the entry of a
decree by the United States Circuit Court of Appeals for the
894 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD
Ninth Circuit enforcing in full the Order of the National Labor
Relations 'Board, as set forth above, and hereby expressly waive
further notice of application for said decree.
V
This stipulation is made subject to the approval of the
National Labor Relations Board.
VI
The entire agreement between the parties hereto is con-
tained within, the terms of this, stipulation ,and there is no
verbal agreement which varies, alters, or adds to this stipulation.
On April 9, 1942, the Board issued its order approving the stipula-
tion, making it part of the record herein, and, pursuant to Article II,
Section 36, of National'Labor Relations Board Rules' and Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the purpose of entry of a decision and order pursuant to the
provisions of the stipulation.
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 RESPONDENTS'
R. P. Puccinelli, A. J. Puccinelli, and Elena Puccinelli are a co-
partnership, doing business as Puccinelli Packing Company, with
their principal office and place of business in Turlock, California.
The respondents are engaged at Turlock and Livingston, California,
in dehydrating, packing; and selling fruit, principally raisins. Dur-
ing the fiscal year ending June 30, 1941, the respondents' sales
amounted to $223,415.30, of which more than 50 percent represented
goods sold and shipped to customers outside the State of California
and in foreign countries. All the fruit purchased by the respondents
was purchased in the State of California. The respondents admit,
for the purpose of this proceeding, that they are engaged in com-
merce, within the meaning of- the Act. • . - I '
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce, among the several States and
with foreign countries.
PUCCINELLI PACKING COMPANY 895
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 R. P. Puccinelli, A. J. Puccinelli, and Elena Pucci-
nelli, co-partners doing business as Puccinelli Packing Company, and
their, agents, successors, and assigns, shall : -
1. Cease and desist from
(a) Discouraging membership in Packing House Employees Union,
Local No. 22911, A. F. L., or any, other labor organization of their
employees, by discharging, refusing to reinstate, or otherwise dis-
criminating against their employees in regard to hire or-tenure of
employment, or any term or condition of employment ;
(b) In any other manner interfering with, restraining, or coercing
their 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 con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act.
2. Take the following affirmative action :
(a) Offer immediate and full reinstatement to A. G. Hildinger
and Elmer Russell to their former or substantially equivalent po-
sitions, either at the plant in Turlock or at the dehydrator in Living-
ston, without prejudice to their seniority or other rights and privileges
previously enjoyed, discharging if necessary persons hired since
September 29, 1941, and if no employment is then available placing
them upon a preferential list to be offered employment before other
persons are hired;
(b) Upon application, if work is available, reinstate Sanford Sum-
ner to his former or a substantially equivalent position without
prejudice to his seniority, or other rights and privileges, previously
enjoyed by him ;
(c) Make whole A. G. Hildinger, Elmer Russell, Sanford Sumner,
and Jack Harrison for any loss of pay they may have suffered by
reason of the loss of their jobs with the respondents, by payment
to each of them of the sum of money set forth after their names
below :
A. G. Hildinger----------------------------------- No loss.
Elmer Russell------------------------------------- No loss.
Sanford Sumner----- ------------------------------ No loss.
Jack Harrison------------------------------------- $ 50.00.
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) Post immediately in conspicuous places at their plants in Tur-
lock and Livingston, California , and maintain for a period of at
least sixty ( 60) consecutive days from the date , of posting, or the
date of the beginning of the next season, whichever is later, notices
to their 'employees stating ( 1) that the respondents will not engage
in the conduct , from which they are ordered to cease and desist in
paragraphs 1 (a) and (b) of this Order; ( 2) that the respondents
will take the affirmative action set forth in paragraphs 2 (a)', (b)
and (c ) of this Order; and (3) that the respondents ' employees are
free to become or remain members of Packing House Employees
Union, Local No. 22911 , A. F. L., and the respondents will not dis-
criminate against any employee because of membership or activity
in that organization.