The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

May 19, 1941

31 N.L.R.B. 955 (N.L.R.B. 1941)

In the Matter of THE CUDAHY PACKING COMPANY and UNITED
PACKINGHOUSE WORKERS OF AMERICA, LOCAL INDUSTRIAL UNION No.
70'OF THE PACKINGHOUSE WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. C-1614.-Decided May 19, 1941
Jurisdiction : meat packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Lee Loevinger, Mr. Henry W. Lehman, and Mr. William S.
Gordon, for the Board.
Mr. Thomas Creigh, of Chicago, Ill., and Mr. John S. Sears and
Mr. Harry F. Snyder, of Sioux City, Iowa, for the respondent.
Mr. John J. Brownlee, of Chicago Ill., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.,
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by United Packing-
house Workers of America, Local Industrial Union No. 70, of the
Packinghouse Workers Organizing Committee, C.- I. 0., herein called
the Union, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Eighteenth Region, (Min-
neapolis, Minnesota), issued and duly served its complaint and notice
of hearing, dated January- 13,,1940, against The, Cudahy : Packing
Company,•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), (3)•, and, (4), and
Section 2 -(6 and of the National Labor, Relations Act, 49
Stat. 449,, herein called the Act.
On February 8, 1940, the respondent, filed with the,Regioriatil Di-
rector a motion ito , make the complaint more certain, definite, and
specific in respects therein mentioned. OnaMarch 1'5,1940 , the Union
filed an additional charge and the Board issued an amendment to_its
complaiit.
1: !So I'31 N. L. R•' B No. 162.,
,955 . .
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In respect to the unfair labor practices the complaint, as amended,
alleged in substance that the respondent (1) at various times between
December 2, 1938, and November 3, 1939, discharged and thereafter
refused or failed to reemploy, or otherwise discriminated in regard to
the hire and tenure of employment of 15 named employees,' for the
reason that said employees joined and assisted the Union and en-
gaged in concerted activities with other employees for the purposes
of collective bargaining and other mutual aid and protection; (2) on
or before May 20, 1939, discharged and thereafter refused to employ
Sidney Eide because on or ibout`July'13 and 14, 1938, he `gave testi-
mony in a proceeding then before the Board involving the respond-
ent herein; and (3) by the foregoing acts, by advising, urging,
threatening, and warning its employees to refrain from becoming
or remaining members of the Union or from assisting the Union in
any way, and by other acts interfered with, restrained, and coerced its
employees in the exercise of rights guaranteed in Section 7 of the
Act.
On February 12, 1940, the respondent filed its answer, and on
March 20, 1940, an amendment to its answer, in which it denied the
unfair labor practices °alleged.
Pursuant to notice duly served upon the parties, a hearing was
held at Sioux City, Iowa, on March 25, 26, 27, 28, and 29, 1940,
before A. Bruce Hunt, the Trial Examiner duly designated by the
Board. The Board and the respondent were represented by counsel
and participated in the hearing. At the conclusion of the Board's
case, counsel for the Board moved to strike from the complaint all
of . paragraph 7 thereof, and the names ' of Don Scott, Jack Ohls,
Walter Dabroski, William Kramer, Harry Redden, Virgil Rider,
and Melvin Wiatt from paragraph 6 thereof, on the grounds that
the persons mentioned therein were unable to testify. No objections
were raised by any of the parties, and the Trial Examiner ordered
said portions of the complaint stricken. In the course of the hearing
the Trial Examiner also ruled on other motions -and `objections to
the admission of evidence.
On April 1, 1940, the respondent lodged with the Board a protest
against-the final submission of the case to the Trial Examiner until
it. was given an opportunity to subpena and examine John J. Brown-
lee. On April 30, 1940, the Board, by its Chief Trial Examiner,
issued and duly served upon the parties an order to show cause why
it should not order the hearing reopened for the purpose of giving
1 Don Scott , Roy Farley , Bruce Nolan , Frank Lenz, Jack Ohls, Charles Schneider , Walter
Dabroski , Tom Irwin, William Kramer, Harold Redden, B. J. Olson, Sidney Eide, Jack
Ohman , Virgil Rider, and Melvin Wiatt. At the hearing the Trial Examiner ordered that
the complaint and answer be amended to show the correct spelling of the name "Tom Irwin"
to be "Tom Irvine."
i
THE CUDAHY PACKING COMPANY 957
the respondent an opportunity to present John J. Brownlee to give
testimony in its behalf. On May 10, 1940; counsel for the Board
filed and duly served upon the parties a statement objecting to the.
entry of an order reopening the hearing in so far as the order would
limit the scope of the reopened hearing solely to receiving the testi-
mony of John J. Brownlee, and moving that the Board order the
hearing reopened to receive such testimony and all other and further
testimony relevant to the issues. On. May 16, 1940, the Board, acting
through its Chief Trial Examiner, issued and duly served upon the
parties an order directing that the case be reopened for the purpose
of permitting the respondent to present John J. Brownlee to give
testimony on its behalf, and further for the purpose of permitting
the parties to present other and further testimony and evidence
relevant to the issues.
Pursuant to notice, the hearing was reopened, and held, on March
27, 1940, at Sioux City, Iowa, before Gustaf B. Erickson, the Trial
Examiner duly designated by the Board. The Board and the re-
spondent appeared and were represented by counsel, and the Union
appeared by its representative. All parties participated in the
hearing.
On June 14, 1940, the Board ordered that no Intermediate Report
be issued and, pursuant to Article II, Section 37, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
ordered that' Proposed Findings of Fact, Proposed Conclusions of
Law, and Proposed Order be issued. In view of the stipulation set
forth below, it is hereby ordered that that portion of the aforesaid
order directing the issuance of Proposed Findings of Fact, Proposed
Conclusions of Law, and Proposed Order be, and the same hereby
is, set aside.
On May 7, 1941, the respondent, the Union, and counsel for the
Board entered into a stipulation which provides as follows : , '
STIPULATION
I
IT IS HEREBY STIPULATED AND AGREED by and between The
Cudahy Packing Company (hereinafter` called the respondent),
by its attorney; United Packinghouse Workers of America,
Local Industrial Union No. 70, of the Packinghouse Workers
Organizing Committee, C. I. O. '(hereinafter called the Union),
by its representative; and William S. Gordon, attorney for the
National Labor Relations Board, as follows :
1. Upon amended charges duly filed by the Union through
John J. Brownlee, its representative, and its duly accredited
958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agent for this purpose, the National Labor Relations Board, by
Lee Loevinger, its Acting Regional Director for the Eighteenth
Region, acting pursuant to authority granted in Section 10 (b)
of. the National Labor, Relations Act, approved July 5, 1935, and
acting pursuant to its Rules and Regulations-Series 2, as
amended, Article IV, Section 1, issued its complaint and notice,
of hearing on the 31st day of January 1940, against The Cudahy
Packing Company, respondent herein. Thereafter, upon an ad-
ditional charge duly filed by said Union, through said John J.
Brownlee, the National Labor Relations Board, by Robert J.
Wiener, its Regional Director for the Eighteenth Region, duly
issued an Amendment to Complaint, amending said Complaint.
2. Said complaint, .as amended, alleged that the respondent
had engaged in and was engaging in unfair labor, practices
affecting commerce within the. meaning of Section 8, subdivisions
(1), (3), and (4), and Section 2, subdivisions ,(6) and (7) of_
the National Labor 'Relations Act.
_ • 3. Said complaint, together with a notice of hearing, a copy
of the amended charges upon 'which said complaint was based,
and a copy of the National Labor Relations Board Rules and
Regulations-Series 2, as amended, was duly served upon the
respondent, and the Union, on February 1, 1940, and said
Amendment to Complaint, together with a copy of said addi-
tional charge upon which said Ameiiduient to Complaint was
based, was duly served upon_the respondent 'and upon the Union
on March 16, 1940.
4. On the 7th day of February, 1940, respondent, by its super-
intendent, Harry O'Grady, made answer to said complaint, and
on March 19, 1940, amended said answer, denying the allega-
tions of unfair labor lractices, and said answer and amendment
thereto were duly served, upon the respective' parties. ,
5. Pursuant to due notice, a hearing on the allegations set
forth in said complaint, as amended, commenced in Sioux City,
Iowa, on March 25, 1940, before A. Bruce Hunt, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The re-
spondent and the Board, were represented by counsel and par-
ticipated in, the -hearing. , Full opportunity to be heard, to ex-
amine and cross, examine , witnesses, and 'to introduce evidence
,• ,bearing on the issues-,was afforded all parties.. The hearing be-
fore the Trial, Examiner was, conducted on March 25,.26, 27, 28,
and 29, 1940. Thereafter,,;pursuant to a request of the respond-
ent, the record was reopened, and a further, hearing was,rheld
t , ,,in .Sioux City, Iowa,, on, May 27,.1940, at which, the respondent,
,;,the••Union,, and the, Board, were represented;, and. all.,partici-
THE CIiDAHY PACKING COMPANY -959
gated. , At the conclusion of the. Board's case the complaint was
further amended on notion of counsel for the Board by striking
certain allegations therefrom.
6. Thereafter , on June 14, 1940, an order was entered trans-
ferring the, case to the National Labor Relations Board , direct-
ing that no Trial Examiner 's Intermediate Report should be
issued, and directing that proposed findings of fact, proposed
conclusions of law, and a proposed order should be issued. Said
order was duly served upon the respective parties.
7. (a) The respondent , The Cudahy Packing Company, is,
and has been since October 7, 1915, a Maine corporation having
its principal executive offices at Chicago, Illinois.
(b) The respondent is chiefly engaged in the purchase and
slaughter of livestock and the processing and marketing of the
products therefrom. In addition , the respondent is engaged in
the following lines of business : refining vegetable oils and the
production and sale of shortening and cooking and salad oils;
manufacturing and marketing of soaps and cleansing powders;
,pulling, scouring and combing wool and the marketing of wool
and tanned sheep skins ; purchasing , packing and selling eggs,
poultry and cheese; purchasing cream and butter, and manu-
facturing and selling butter, margarine and ice cream; mining
rock salt, operating brine wells, and producing , refining, pack-
ing and selling all kinds of salt; and owning , maintaining, and
operating refrigerator and tank cars for the transportation of its
products. The salt mining operations and the wool pulling busi-
ness of the respondent are performed by its subsidiary com-
panies, the American Salt Company and the Olneyville Wool
Combing Company.
(c) The respondent transacts business throughout the United
States and in many foreign countries.
(d) The respondent owns all , or substantially all, of the
stock of ' the following subsidiaries : The Cudahy Packing
Co. of Alabama ;* The Cudahy Packing Co. of Louisiana, Ltd.;
Barry Machinery Co.; The Dow Cheese Co.; Bissell Leather
Co.; Olneyville Wool Combing Co.; Willows Cattle Co. (now
dissolved ) ; The Cudahy Packing Co ., Ltd. (foreign ) ; Cudahy
& Company, Ltd. (foreign ) ; and American Salt Company.
(e) The respondent 's slaughtering and meat packing plants
are located in Omaha, Nebraska ; Kansas City, Kansas; Sioux
City, Iowa; Los Angeles , California; Wichita, Kansas; North
Salt Lake, Utah; Jersey City , New Jersey ; Newport, Minnesota;
San Diego , California ; Denver, Colorado ; Detroit, Michigan;
and Albany , Georgia. It owns and operates a soap and Old
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dutch Cleanser factory ' and shops for the construction and re-
pair of refrigerator cars in East Chicago, Indiana ; a plant for
the refining of vegetable oils near Memphis , Tennessee, an Old
Dutch Cleanser and soap factory in Toronto , Ontario, Canada;
a wool scouring, combing and storage plant in Providence, Rhode
Island; and through a subsidiary company a salt mine and re-
finery in Lyons, Kansas. The respondent also owns and operates
produce collecting and processing plants in many states and
operates eighty branch houses located in the principal cities of
the United States. In addition , it owns and operates 1,496 re-
frigerator cars and 44 tank cars . The respondent 's securities are
registered , some on the New York Stock Exchange and some on
the Chicago Stock Exchange.
(f) As of April 24, 1939 ,' the respondent 's assets were about
$82,000 ,000. During its fiscal year ending October 31 , 1938, the
sales of the respondent, including its subsidiaries , amounted to
about $200 ,000,000. During the said fiscal year , the pay roll
amounted to about $7 ,600,000.
(g) The gross annual sales of the respondent , including its
subsidiary companies, are still approximately $200,000,000, of
which approximately $19,000,000 are attributable to its plant
at Sioux City, Iowa. The total annual pay roll of the respond-
ent is still approximately $7,600,000, of which approximately
$1,000,000 is attributable to the Sioux City, Iowa, plant. The
total book value of assets of $82,000,000 have recently been re-
duced about 40 per cent by a reorganization.
(h) The unfair labor practices involved in the above-captioned
proceeding arose in respondent 's plant located at Sioux -City,
Iowa, (hereinafter called the Sioux City plant). Approximately
850 production workers are employed at the Sioux City plant. '
(i) 'A substantial proportion of the livestock slaughtered at
the Sioux City plant has originated, and does originate, outside
the State of Iowa and has been, and is, shipped from states
other than the State of Iowa by rail and truck,to the Sioux City
plant in the State of Iowa. Approximately 75 per cent of the
products of the Sioux City plant have been, and are, shipped
by the respondent by rail and truck from the Sioux City plant
in the State of Iowa to points without the State of Iowa.
(j) The Sioux City plant is operated as a part of the general
accounting system of the respondent, rather than as a separate
entity, and its operations are governed by the Chicago office.
The labor policies of the plant are determined in Chicago.
(k) The Sioux City plant is registered for inspection with the,
United States Department of Agriculture. Federal inspectors
are present at the plant during manufacturing operations.
THE CUDAHY PACKING COMPANY -' 961
8. The respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act and in a
business affecting interstate commerce within the meaning of the
said Act and is subject to the jurisdiction of the, National Labor
Relations Board.
9. The Union is a labor organization within the meaning of
Section-2, subdivision (5) of the National Labor Relations Act.
10. For the limited purpose of disposing ,of this proceeding,
the respondent hereby expressly admits each and every allega-
tion of the complaint, as finally amended. The Provisions of
this paragraph shall not be operative' unless this Stipulation is
appi oved by the National Labor Relations Board.-
11. The respondent waives any right to further hearing or
oral argument on the allegations of the complaint, as amended,
to the taking of further testimony and the submission of further
evidence, to the issuance of proposed, findings of fact, proposed
conclusions of law, and a proposed order, to the making of
findings of fact and conclusions of law by the National Labor
Relations Board, and to any other or further proceedings, pre-
liminary to the issuance of an order herein,-under the National
Labor Relations Act and the Rules and Regulations of the
National Labor Relations Board.
(d) From discharging, laying off, or refusing to reinstate, or
otherwise discriminating against any of its employees' because
he has filed charges or given testimony under the National Labor
Relations Act.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Frank Lenz, Bruce Nolan, Torn Irvine, Roy
Farley, Burnett Olson, Sidney Eide, and John Ohman imme-
diate and full reinstatement to their former or substantially
equivalent positions without prejudice to 'seniority rights or
other rights and privileges previously enjoyed by them;
(b) Make whole the individuals named below for any loss of
pay they may have suffered by reason of the respondent's dis-
criminatory acts, by payment to each of them; respectively, the
sum of money set forth opposite his name :
Frank Lenz------------ -- - _------------- $1,850
Bruce' Nolan---------------------------------------- 1,400
Tom Irvine----------------------------------------- 550
Roy Farley-----------------------------------'------ 1,700
Burnett Olson ---------------------------------------- 1,'000
Sidney Eide----------------------------------------- 1,400
John Ohman------------------------------------------- 1,200
962 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'IT IS FURTHER STIPULATED AND AGREED by and between the re-
spective parties hereto -that the National Labor Relations Board
-may,,on the proceedings heretofore had, including, without lim-
itation, the amended charges, complaint as amended, and hearing,
and on this Stipulation, without further notice or proceedings
herein, enter an order in the above-captioned case to the fol-
lowing ' effect : -
The National Labor Relations,Board hereby orders that The '
Cudahy Packing Company; 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 col-
lective bargaining or other mutual aid or protection as guaran-
teed in Section 7 of the National Labor Relations Act;
(b) From discouraging membership in United Packinghouse
Workers of America, Local Industrial Union No. 70, of the
Packinghouse Workers Organizing Committee, C. I. 0., or in
any other labor organization of its employees, by discharging,
demoting, transferring, laying off, or refusing to reinstate any
of its employees for joining or assisting United Packinghouse
Workers of America, Local Industrial Union No. 70, of the
Packinghouse Workers Organizing Committee, C. I. 0., or any
other labor organization of its employees, or for engaging in
other concerted activities for the purposes of collective bargain-
ing or other mutual aid and protection;
(c) From in any other manner discriminating against any of
its employees in regard to hire and tenure of employment or
terms or conditions of employment for joining or assisting United
Packinghouse Workers of America, Local Industrial Union No.
70, of the Packinghouse Workers Organizing Committee, C. I. 0.,
or any other labor organization of its employees, or for engaging
in other concerted activities for the purposes of collective bar-
gaining or other mutual aid and protection;
(c) Post immediately- in at least twenty-five (25) conspicuous
places throughout its Sioux City, Iowa, plant and maintain
for a period of at least sixty (60) consecutive days' from the
date of posting notices to its employees in the form- set forth
in Appendix A attached hereto and hereby expressly made part
of this order; •
THE CUDAHY PACKING COMPANY 963
(d) Notify the Regional Director for the Eighteenth Region
in writing within - ten (10 ) days from the date of this order
what steps the, respondent has taken - to comply herewith ; and
further notify the Regional Director for the Eighteenth Region in
writing, when the respondent has completed the affirmative action
provided for herein , what further steps the respondent has taken
to comply herewith.
APPENDIX A -
NOTICE TO EMPLOYEES
OF
THE CUDAHY PACKING COMPANY
The Cudahy Packing Company has consented to an order
of the National Labor Relations Board that it will cease and
desist from interfering with its employees in their right to
organize ; and that it will cease and desist from discouraging
membership in United Packinghouse Workers of America, Lo-
cal Industrial Union No. 70, of the Packinghouse Workers Organ-
izing Committee , C. I. 0., or any other labor organization, by
discriminating in any way against any of its employees for
joining any union or for engaging in union activities or for
giving testimony under the National Labor Relations Act. The
company has also consented that the National Labor Relations
Board order is to reinstate with back pay the following persons:
Frank Lenz, Bruce Nolan , Tom Irvine , Roy Farley , Burnett
Olson, Sidney Eide, and John Ohman. These persons have been
reinstated to or offered their old jobs with their full seniority
rights, and the agreed amounts of back pay have been paid to
them.
The Cudahy Packing Company wants it definitely understood
that in the future the company , its officers , and supervisory staff
will in no way interfere with its employees ' right to organize.
No one will be discharged , demoted, transferred , put on less
desirable jobs, or laid off because he joins Local No. 70 or any
other labor organization. Members of Local No. 70 will be
treated exactly the'same as any other employees . Union mem-
bership and union activity will in no way affect , the jobs or
rights of Cudahy employees.
Employees are free to join or not to join Local No. 70 or
any other labor organization , except that if the Company and
the Union agree upon a closed-shop contract , the provisions of
such contract and of the National Labor Relations Act shall
apply.
441843-42-vol 31--62
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
If the company, its officers, or supervisors have in the past
made any statements or/ taken any action to indicate that its
employees were not free to join Local No. 70 or any other labor
organization, these: statements and actions are now repudiated.
The company has given strict instructions to its supervisory
staff to comply with the above, and any departure from these
instructions will be severely dealt with. I
HARRY 0' GRADY,
Superintendent Sioux City Plant.
III.
The respondent expressly consents and agrees to the entry in
the appropriate United States Circuit Court of Appeals, upon
application of the National Labor Relations Board, of a decree
enforcing in its entirety the order of the National Labor Rela-
tions Board entered pursuant to this stipulation ; and respond-
ent hereby expressly waives any.right to contest the entry of said
decree or to receive further notice of the application for or entry
of said decree.
IV.
1. The issuance by the National Labor Relations Board nor the
appropriate United States Circuit Court of Appeals of an order
pursuant to this stipulation shall constitute a full and 'complete
determination of the above-captioned proceedings.
2. All stipulations and agreements herein made and the terms
and provisions thereof are made subject to the approval of the
National- Labor Relations Board. It is further agreed that if
this stipulation is not so approved, nothing in this stipulation
shall be construed to be an admission on the part of the re-
spondent that it has in any way whatsoever violated the National
Labor Relations Act.
3. The respondent shall undertake compliance with the terms
of the order provided for in Section II, above, immediately upon
notification that the National Labor Relations Board has ap-
proved this stipulation.
4. No verbal, off the record agreement of any kind has been
made which alters, detracts from, or adds to this stipulation.
On May 9, 1941, the Board issued its order, copies of which
were duly served upon the' parties, approving the above stip-
ulation and making it a part of the record.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
THE CUDAHY PACKING -COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
965
The Cudahy Packing Company is a Maine corporation having its
principal executive offices in Chicago, Illinois. It is principally en-
gaged in the purchase and slaughter of livestock, the processing and
marketing of 'the products therefrom, and in allied industries. It
owns and operates refrigerator and tank cars for the transportation of
its products, maintains miscellaneous plants and transacts business
throughout the United States and foreign countries.
The unfair labor practices involved in this proceeding arose at. the
respondent's plant at Sioux City, Iowa, where it is engaged in the
purchase and slaughter of livestock and the processing and marketing
of products therefrom. A substantial portion of the livestock
slaughtered at the Sioux City plant originates outside the State of
Iowa, and approximately 75 per cent of the products processed and
prepared in the Sioux City plant are shipped to places outside the
State of Iowa. The operations of the Sioux City plant require the
services of approximately 850 production workers.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, transportation, and com-
merce among the several States.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, Local Industrial Union
No. 70, of the Packinghouse Workers Organizing Committee, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, herein called the C. I. O. It admits to membership employees
of the respondent.
ORDER
On 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 The Cudahy Packing Company, its officers, agents,
successors, and assigns, shall:
1. 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 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;
966 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
(b) From discouraging membership in United Packinghouse
Workers of America, Local Industrial Union No. 70, of the Pack-
inghouse Workers Organizing Committee, C. I. 0., or in any other
labor organization of its employees, by discharging, demoting,
transferring; laying off, or refusing to reinstate any of its employees
for joining or assisting United Packinghouse Workers of America,
Local Industrial Union No. 70, of the Packinghouse Workers Or-
ganizing Committee, C. I. 0., or any other labor organization of
its employees, or for engaging in other concerted activities for the
purposes of collective bargaining or other mutual aid and protection ;
(c) From in any other manner discriminating against any of its
employees in regard to hire and tenure of employment' or terms
or conditions of employment for joining or assisting United Pack-
inghouse Workers of America, Local Industrial Union No. 70, of
the Packinghouse Workers Organizing Committee, C. I. 0., or any
other labor organization of its employees, or for engaging in other
concerted activities for the purposes of collective bargaining or other
mutual aid and protection ;
(d) From discharging, laying off, or refusing to reinstate, or
otherwise discriminating against any of its employees because he has
filed charges or given testimony under the National Labor Rela-
tions Act.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Offer to Frank Lenz, Bruce Nolan, Tom Irvine, Roy Farley,
Burnett Olson, Sidney Eide, and John Ohman immediate and full
reinstatement to their former or substantially equivalent positions
without prejudice to seniority rights or other rights and privileges
previously enjoyed by them ;
(b) Make whole the individuals named below for any loss of pay
they, may have suffered by reason of the respondent's discrimina-
tory acts, by payment to each of them, respectively, the sum of money,
set forth opposite his name :
Frank Lenz--------------------------------------------- $1,850
Bruce Nolan--------------------------------------------- 1,400
Tom Irvine--------------------------------------------- 550
Roy Farley---------------------------------------------- 1,700
Burnett Olson------------- ------------------------------ 1,300
Sidney Eide--------------------------------------------- -1,'400
John Ohman-------------------------------------------- 1,200
(c) Post immediately in at least twenty-five (25) conspicuous
places throughout its Sioux 'City, Iowa, plant and 'maintain for -a
period of at least sixty (60) consecutive days from the date of
i
THE CUDAHY PACKING COMPANY 967'
posting notices to its employees in the form set forth in Appendix A
attached hereto and hereby expressly made part of this order;
(d) Notify the Regional Director for the Eighteenth, Region in
writing within ten (10) days from the date of this order what steps
the respondent has taken to comply, herewith; and further notify
the Regional Director for the Eighteenth Region in writing, when
the respondent has completed the affirmative action provided for
herein, what further steps the respondent has taken to comply
herewith.
APPENDIX A
NOTICE TO EMPLOYEES
OF
THE CUDAHY PACKING COMPANY
The Cudahy Packing Company has consented to an order of the
National Labor Relations Board that it will cease and desist from
interfering with -its employees in their right to organize; and that
it will cease, and desist from discouraging membership in United
Packinghouse Workers of America, Local Industrial Union No. 70,'
of the Packinghouse Workers Organizing Committee, C. I. 0., or
any other labor organization, by discriminating in any way against
any of its employees for joining any union or for engaging in
union activities, or for giving testimony under the National Labor
Relations Act. The company has also consented that the National
Labor Relations Board order it to reinstate with back pay the fol-
lowing persons : Frank Lenz, Bruce No Tom Irvine, Roy Farley,
Burnett Olsen, Sidney Eide, and John Ohman. These persons have
been reinstated to or offered their old jobs with their full seniority
rights, and the agreed amounts of back pay have been paid' to them.
The Cudahy Packing Company wants it definitely understood that
in the future the company, its officers, and supervisory staff will in
no way interfere with its employees' right to organize. No one will
be discharged, demoted, transferred, put on less desirable jobs, or
laid off because he joins Local No. 70 or any other labor organiza-
tion. Members' of Local No. 70 will be treated exactly the same as
any other employees. Union membership and union activity will
in no way affect the jobs or rights of Cudahy employees.
Employees are free to join or not to join Local No. 70 or any
other labor organization, except that if the Company and the Union
agree upon a closed-shop contract, the provisions of such contract
and of the National Labor Relations Act shall apply.
If the company, its officers, or supervisors have in the past made
any statements or taken any action to indicate that its' employees
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were not free to join Local No. 70 or any other labor organization,
these statements and actions are now repudiated:
The company has given strict instructions to its supervisory staff
to comply with the above, and any departure from these instruc-
tions will be severely dealt with.
HARRY O'GRADY,
Superintendent Sioux City Plant.