Schreiber Milling & Grain Company

National Labor Relations Board - Board Decisions

Apr 27, 1939

12 N.L.R.B. 513 (N.L.R.B. 1939)

In the Matter Of SCHREIBER MILLING & GRAIN COMPANY and FIouR,
CEREAL, FEED MILL AND GRAIN ELEVATOR WORKERS, FEDERAL UNION
No. 21008, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. C-1234.-Decided April 27,1939
Animal Feed Manufacturing Industry-Settlement : stipulation providing for
compliance with Act , including reinstatement and back pay-Order : entered
on stipulation.
Mr. Daniel J. Leary, for the Board.
Mr. Roscoe L. Barrow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Flour, Cereal,
Feed Mill and Grain Elevator Workers, Federal Union No. 21008,
herein called the Union, the National Labor Relations Board, herein
called the Board, by Paul F. Broderick, Acting Regional Director
for the Seventeenth Region (Kansas City, Missouri) issued its com-
plaint dated March 17, 1939, against Schreiber Milling and Grain
Company, St. Joseph, Missouri, herein called the respondent, alleg-
ing that the respondent had engaged in and was engaging in unfair
labor practices within the meaning of Section 8 (1), (3), and (5)
and Section 2 (6) and (7) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. Copies of the complaint and notice
of hearing thereon were duly served upon the respondent and the
Union.
Concerning the unfair labor practices, the complaint alleged, in
substance, that although the Union represented a majority of the
respondent's employees in an appropriate unit, the respondent, at
various specified times had refused to bargain with the Union as
the exclusive representative of all employees in the unit; that the
respondent had discharged, laid off, or otherwise discriminated in
regard to the hire and tenure of employment of several named em-
ployees because of their membership in and activity in behalf of
the Union; that the respondent had atttempted to dominate and to
12 N. L. R. B., No. 61.
513
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contribute financial and other support to the formation among its
employees of a labor organization ; and that the respondent had kept
the meetings of the Union under surveillance, bargained individually
with employees, permitted the circulation of certain petitions among
the employees, and had through other acts interfered with, re-
strained, and coerced its employees in the exercise of their rights
under Section 7 of the Act.
On March 25, 1939, the respondent, the Union, and the Board's
Acting Regional Attorney for the Seventeenth Region entered into
a stipulation for the purpose of settling the case, subject to approval
by the Board. This stipulation provides as follows :
It is hereby stipulated and agreed by and between Schreiber
Milling and Grain Company, hereinafter referred to as the
respondent, by A. B. Schreiber, its President, and O. W. Wat-
kins, its attorney, and Flour, Cereal, Feed Mill and Grain Ele-
vator Workers, Federal Union No. 21008, affiliated with the
American Federation of Labor, hereinafter referred to as the
Union, by its representative, Warren S. Welsh, and Daniel J.
Leary, Acting Regional Attorney, Seventeenth Region, National
Labor Relations Board, as follows :
I
1. Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, through Paul F . Broderick,
Acting Regional Director , Seventeenth Region, National Labor
Relations Board, agent of the National Labor Relations Board,
acting pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act, approved July 5, 1935, and act-
ing pursuant to its Rules and Regulations-Series 1, as
amended-Article IV, Section 1, issued its complaint and notice
of hearing on the seventeenth (17th) day of March , nineteen
hundred and thirty -nine ( 1939 ), against Schreiber Milling and
Grain Company , respondent herein.
2. It is hereby stipulated and agreed , subject to the approval
of the National Labor Relations Board, that:
(a) Respondent withdraws its answer heretofore filed herein;
expressly waives its right to file further answer ; waives its right
to hearing ; waives its right to offer evidence and to the taking
of testimony in a hearing of said matter;
(b) Respondent waives the making of findings of fact and con-
clusions of law by the National Labor Relations Board;
(c) Respondent expressly consents to the issuance by the Na-
tional Labor Relations Board of a decision and order based upon
this stipulation as hereinafter set out.
SCHREIBER MILLING & GRAIN COMPANY 515
II
It is stipulated and agreed for purposes of this proceeding only
that :
1. Respondent is and has been since July 18, 1917, a corpora-
tion organized under and existing by virtue of the laws of the
State of Missouri, having its office and principal mill in St.
Joseph, Missouri, hereinafter called the St. Joseph mill, and is
now and has continuously been engaged in the business of job-
bing, mixing and manufacturing feeds for animal and poultry
consumption.
2. Respondent owns and operates a retail store in North Kansas
City, Missouri.
3. In the operation of its St. Joseph mill, respondent employs
forty-three (43) employees, of whom thirteen (13) employees are
clerical, office and supervisory employees, and thirty (30) are pro-
duction and maintenance employees.
4. During the fiscal period from January 1, 1938, to Decem-
ber 31, 1938, the respondent purchased and transported for use
in its business at its St. Joseph mill, grains, molasses, bags, and
other products in the value of $469,743.61. Of this amount ap-
proximately $25,000.00 in value of these said purchases were
purchased and transported from, into and through States of the
United States other than the State of Missouri.
5. During the fiscal period from January 1, 1938, to December
31, 1938, the respondent sold and transported from its St. Joseph
mill, animal and poultry feeds and other feeds in the value of
$539,047.80. Of this amount approximately $400,000.00 in value
of said sales were sold and transported to, into and through the
States of the United States other than the State of Missouri,
including the States of Kansas, Nebraska, Iowa and Arkansas.
6. Respondent, Schreiber Milling and Grain Company, is en-
gaged in interstate commerce within the meaning of Section 2 (6)
and (7) of the National Labor Relations Act.
III
It is stipulated and agreed that :
1. Flour, Cereal, Feed Mill and Grain Elevator Workers, Fed-
eral Union No. 21008, affiliated with the American Federation of
Labor, is a labor organization within the meaning of Section 2 (5)
of the Act.
IV
It is stipulated and agreed that :
1. All of the production and maintenance employees, exclusive
of foremen and other supervisory employees, watchmen, clerical
169134-39-vol. 12-34
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and office employees, and salesmen, at the St. Joseph Mill of the
respondent, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of
said Act.
2. On or about July 22, 1937, and at all times thereafter, a
majority of the employees in said unit had designated the union
as their representative for the purposes of collective bargaining
with respondent, and, by virtue of such designation, said Union
at all times since July 22, 1937, has, by virtue of Section 9 (a) of
said Act, been the exclusive representative of all employees in said
unit for the purpose of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of
employment.
V
It is stipulated and agreed by and between the respective
parties hereto that the National Labor Relations Board may forth-
with enter an order in the above-entitled case to the following
effect :
Respondent, Schreiber Milling and Grain Company, shall
1. Cease and desist from the date hereof:
(a) From interfering in any manner with, restraining or co-
ercing its employees in the exercise of their rights to self-organi-
zation, 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 and other mutual aid and protection, as guaranteed
in Section 7 of the National Labor Relations Act;
(b) From discouraging membership in the Flour, Cereal, Feed
Mill and Grain Elevator Workers, Federal Union No. 21008, affil-
iated with the American Federation of Labor, or any other
organization of its employees, by discriminating against em-
ployees in regard to hire or tenure of employment or any other
term or condition of employment, or by any other means;
(c) From refusing to bargain collectively with the Flour,
Cereal, Feed Mill and Grain Elevator Workers, Federal Union
No. 21008, affiliated with the American Federation of Labor, as
the exclusive representative of all production and maintenance
employees, exclusive of foremen and other supervisory employees,
watchmen, clerical and office employees, and salesmen, at the
St. Joseph mill of the respondent, 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:
SCHREIBER MILLING & GRAIN COMPANY 517
(a) Pay immediately, directly to each of those employees
listed on Appendix "A", attached hereto and made a part hereof,
the sum of fifty dollars ($50.00) and pay directly to each of said
employees on July 1, 1939, the additional sum of twenty-five
dollars ($25.00), and on October 1, 1939, the additional sum of
twenty-five dollars ($25.00).
(b) Pay immediately directly to Charles Gray the sum of
twenty-five dollars ($25.00).
(c) Offer to those employees named on Appendix "A" and to
Charles Gray, full and immediate reinstatement to their former
positions, without prejudice to their seniority rights and other
rights and privileges.
(d) Upon request, for a period of one year from the date
hereof bargain collectively with the Flour, Cereal, Feed Mill
and Grain Elevator Workers, Federal Union No. 21008, affiliated
with the American Federation of Labor, as the exclusive repre-
sentative of all the production and maintenance employees, ex-
clusive of foremen and other supervisory employees, watchmen,
clerical and office employees, and salesmen, at the St. Joseph mill
of the respondent, in respect to rates of pay, wages, hours of
employment and other conditions of employment.
(e) Immediately post notices in conspicuous places throughout
its St. Joseph mill and maintain such notices for a period of
sixty (60) consecutive days, stating:
(1) that respondent will cease and desist as aforesaid, and
(2) that respondent will take the affirmative action aforesaid
(f) 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.
VI
It is hereby expressly stipulated and agreed that the designa-
tion "Case No. XVII-0-175" may be stricken from both the
amended charge and the complaint; that the designation "Case
No. XVII-C-497" may be substituted therefor, and that such
amendments may and have been made by interlineation in said
amended charge and complaint.
VII
It is stipulated and agreed that this stipulation, together with
the corrected amended charge, the corrected complaint, the notice
of intention to amend the complaint, the notice of hearing, the
Rules and Regulations of the Board, and proof of service thereof,
518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
may be introduced as evidence by filing them with the Chief
Trial Examiner of the National Labor Relations Board at Wash-
ington, D. C.
VIII
It is further expressly stipulated and agreed that after the
making of said order and decision by the National Labor Rela-
tions Board, in strict accordance with this stipulation, said
Board may submit, without further notice to the parties hereto,
a consent decree to the appropriate United States Circuit Court
of Appeals, which decree shall provide for the affirmance and
enforcement in full of each and every provision contained in the
order which it is hereinbefore provided that the National Labor
Relations Board may make herein, in strict accordance with this
stipulation, and the several parties hereto hereby consent to the
entry of said decree by said appropriate Circuit Court of
Appeals.
IX
All stipulations herein made and terms and provisions thereof
are made subject to the approval of the National Labor Relations
Board.
Dated this 25th day of March, nineteen hundred thirty-nine
(1939) at St. Joseph, Missouri.
On March 30, 1939, the Board issued its order approving the above
stipulation, making it a part of the record in the case, and transfer-
ring the proceeding to the Board for the purpose of entering a deci-
sion and order by the Board pursuant to the provisions of the
stipulation.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Schreiber Milling and Grain Company is a Missouri corporation,
having its office and principal mill in St. Joseph, Missouri. It is
engaged in jobbing, mixing, and manufacturing feeds for animal and
poultry consumption. The Company purchased in 1938 grain, mo-
lasses, and other products at a cost of $469,743.61, of which approxi-
mately 5 per cent were shipped to the St. Joseph mill from points
outside of Missouri. During 1938 the Company sold and transported
from the St. Joseph mill animal and poultry feeds which grossed
$539,047.80. Approximately 74 per cent of these products were
shipped to points outside of Missouri.
SCHREIBER MILLING & GRAIN COMPANY 519
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 and the 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 Schreiber Milling and Grain Company, St. Joseph,
Missouri, shall :
1. Cease and desist from :
(a) Interfering in any manner 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 ac-
tivities for the purposes of collective bargaining and other mutual
aid and protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Discouraging membership in the Flour, Cereal, Feed Mill and
Grain Elevator Workers, Federal Union No. 21008, affiliated with the
American Federation of Labor, or any other organization of its em-
ployees, by discriminating against employees in regard to hire or
tenure of employment or any other term or condition of employment,
or by any other means;
(c) Refusing to bargain collectively with the Flour, Cereal, Feed
Mill and Grain Elevator Workers, Federal Union No. 21008, affiliated
with the American Federation of Labor, as the exclusive representa-
tive of all production and maintenance employees, exclusive of fore-
men and other supervisory employees, watchmen, clerical and office
employees, and salesmen, at the St. Joseph mill of respondent, in re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the National Labor Relations Act :
(a) Pay immediately, directly to each of those employees listed
on Appendix "A", attached hereto and made a part hereof, the sum
of fifty dollars ($50.00) and pay to each of said employees on July 1,
1939, the additional sum of twenty-five dollars ($25.00), and on
October 1, 1939, the additional sum of twenty-five dollars ($25.00) ;
(b) Pay immediately directly to Charles Gray the sum of twenty-
five dollars ($25.00) ;
(c) Offer to those employees named on Appendix "A" and to
Charles Gray, full and immediate reinstatement to their former posi-
tions, without prejudice to their seniority rights and other rights and
privileges;
520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) Upon request, for a period of 1 year from the date hereof,
bargain collectively with the Flour, Cereal, Feed Mill and Grain
Elevator Workers, Federal Union No. 21008, affiliated with the Amer-
ican Federation of Labor, as the exclusive representative of all the
production and maintenance employees, exclusive of foremen and
other supervisory employees, watchmen, clerical and office employees,
and salesmen, at the St. Joseph mill of the respondent, in respect to
rates of pay, wages, hours of employment, and other conditions of
employment ;
(e) Immediately post notices in conspicuous places throughout its
St. Joseph mill and maintain such notices for a period of sixty (60)
consecutive days, stating:
(1) that respondent will cease and desist as aforesaid, and
(2) that respondent will take the affirmative action aforesaid;
(f) 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.
APPENDIX "A"
John Teale Lewis Duke
C. D. Hill M. S. Poage
Manford E. Dean L. W. Gillespie
Robert Perkins F. F. Culver
B. L. McDonald Clifton Jarvis