The Cuhady Packing Co.

National Labor Relations Board - Board Decisions

May 21, 1941

31 N.L.R.B. 1126 (N.L.R.B. 1941)

In the Matter of THE CUDAHY PACKING COMPANY and LOCAL, UNION
No. 94, UNITED PACKINGHOUSE WORKERS OF AMERICA, AFFILIATED
WITH PACKINGHOUSE WORKERS ORGANIZING COMMITTEE,, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS and PACKING
HOUSE WORKERS UNION OF- WICHITA, A PARTY TO THE CONTRACT
Case No. C-1707.-Decided May 01, 1941
Jurisdiction : meat packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Marion A. Prowell and Mr. William S. Gordon, for the Board.
Mr. Thomas Criegh, of Chicago, Ill., and Mr. Robert C. Foulston,
MM'. George Siefkin, and Mr. George B. Powers, of Wichita, Kans.,
for the respondent.
Mr. Lewis J. Clark, of Wichita, Kans.,,for the Union.
Mr. Fred W. Aley, of Wichita, Kans., for the Independent.
Mr. -Louis S. Penfield, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon second amended charges duly filed by Local Union No. 94,
United Packinghouse Workers of America, affiliated with Packing-
house Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, herein called the Union, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Seventeenth Region (Kansas City, Missouri) issued
and duly served its complaint and notice of hearing, dated July 1, 1940,
against The Cudahy Packing Company, herein called the respondent,
alleging that respondent had engaged in and was engaging in unfair'
labor practices affecting commerce within the meaning of Section 9
(1), (2), and.(3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. Said complaint
together with notice of hearing, a copy of the-second amended charges,
and National Labor Relations Board Rules and Regulations-Series 2,
31 N. L R. B., No. 171.
1126
.
THE CUDAHY PACKING COMPANY - 1127
:as amended, was duly served upon the respondent, the Union, and
upon Packing House Workers Union- of Wichita, herein called the
Independent.
With respect to the unfair labor practices the complaint alleged
in substance that the respondent (1) on and after July 5, 1935, coii-
tinued in operation and continued to dominate and interfere with
the administration of, and continued to contribute financial and
other support to, a labor organization known as the Plant Conference
Board, which it had previously instigated and formed among its
employees and on or about April 1937, dominated and interfered with
the formation of its successor, the Independent, and at all times since
that date has dominated and interfered with the administration of
the Independent, and has contributed financial and other support
thereto, and on or about June 14, 1937, entered into a contract which
was later renewed and amended, with the Independent for the pur-
pose of assisting and encouraging membership in the Independent;
(2) on September 22, 1939, discharged or laid off James J. Cunning-
ham and has since refused to reinstate him for the reason that he
joined and assisted the Union; (3) interfered with, restrained, and
,coerced its employees to refrain from becoming or remaining mem-
bers of the Union; and (4) by other acts and conduct interfered with,
restrained, and coerced its employees in the exercise of rights guaran-
teed in Section 7 of the Act.
On July 20, 1940, the respondent filed its answer in which it denied
the allegation of the unfair labor practices. On the same date the
Independent filed an answer denying the allegations in regard to it,
and asserting that it was free of domination by the respondent.
Pursuant to notice duly served upon the parties, a hearing was held
at Wichita, Kansas, on July 18, 19, 20, 22, 23, and 24, 1940, before
Joseph L. Hektoen, the Trial Examiner duly designated by the Chief
Trial Examiner. The Board, the respondent, and the Independent
were represented by counsel, the Union by its representative; all
participated in the hearing.
On September 30, 1940, the Trial Examiner filed his Intermediate
Report, copies of which were duly served upon the parties. In his
Intermediate Report the Trial Examiner found that the respondent
had engaged in and was engaging in unfair labor practices affecting
commerce within the meaning of Section 8 (1), (2) and (3) of the
Act. - He recommended that the respondent cease and desist therefrom
and that it take certain affirmative action to remedy the situation.
On 'October 25, 1940, an order, copies of which were duly served
upon the parties, transferring the case from the Regional Office to the
Board in Washington, D. C., was issued. On November -12,1940, the
1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,
respondent filed exceptions to the Intermediate Report, in which it
excepted to certain rulings, findings, conclusions, and recommendations
of the Trial Examiner.
On May 2, 1941, the respondent, the Union, the Independent, and
counsel for the Board entered into a stipulation which provided as
follows :
IT IS HEREBY STIPULATED AND 'AGREED by and between The
Cudahy Packing Company (hereinafter called the respondent),
by its attorneys; Local Union No. 94, United Packinghouse Work-,
ers of America, affiliated with Packinghouse Workers Organiz-
ing Committee, affiliated with the Congress of Industrial Or-
ganizations (hereinafter called the Union), by its field representa-
tive; Packing House Workers Union of Wichita (hereinafter
called the Independent), by its attorney; aiid William S. Gordon,
attorney for the National Labor Relations Board, as follows :
1. Upon second amended charges duly filed by the Union through
James J. Cunningham, its secretary and its duly accredited agent
for this purpose, the National Labor Relations Board, by Hugh
E. Sperry, its Regional Director for the Seventeenth 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 1st day of July, 1940, against The Cudahy Packing Com-
pany, respondent herein.
2. Said complaint alleged that the respondent had engaged in
and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8, subdivisions (1), (2), and (3),
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 second 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, the Union, and the Independent on July 2, 1940;
'and a hearing upon the allegations set forth in the said complaint
was scheduled by the notice of hearing to begin on July 15, 1940,
in Wichita, Kansas, thus allowing an intervening period of more,
than 10 days between the service of said complaint, second amended
charges, notice of hearing, and copy of the Rules and Regulations,
and the date of hearing.
4. On the 20th day of July, 1940, respondent, by its superintend-
ent, J. D. Higgins, made answer to said complaint, denying the
allegations of unfair labor practices. On the same date, the Inde-
THE CUDAHY PACKING COMPANY 1129
pendent, by its attorney, Fred W. Aley, made answer to said com-
plaint, denying the allegations with regard to it and asserting
that it was free of domination by the respondent. Said answers
were duly served upon the respective parties.
5. The hearing on the allegations set forth in said-complaint
commenced in Wichita, Kansas, on July 18, 1940, pursuant to the
notice of hearing served on the parties as set forth above and a
,postponement duly granted at request of counsel, before Josef L.
Hektoen, the ,Trial Examiner duly designated by the Acting
Chief Trial Examiner. The respondent, the Independent, and
the Board were represented by counsel; the Union as represented
by its field representative ; all participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. The hearing before the Trial Examiner was conducted
on July 18,19; 20,22,23, and 24,1940, on which last date the hearing,
was closed.
6. Thereafter, the Trial Examiner filed his Intermediate Re-
port dated September 30, 1940, copies of which were duly served
upon the respective parties. In his Intermediate Report the Trial
Examiner found that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1), (2) and (3) of the National Labor
Relations Act, and recommended that the respondent cease and
desist therefrom and that it take certain affirmative action to
remedy the situation.
7. Thereafter, on October 25, 1940, an order wag entered trans-
ferring the above-entitled. matter to the National Labor Relations
Board. Said order was uly served upon the respective parties.
8. Thereafter, on November 12, 1940, respondent filed excep-
tions to the Trial Examiner's Intermediate Report, in which re-
spondent excepted to certain rulings, findings, conclusions, and
recommendations of the Trial Examiner. On the same date,
respondent filed application for oral argument before the National
Labor Relations Board. On March 21, 1941, the National Labor
Relations Board issued a notice of hearing to be held before the
National Labor Relations Board on Tuesday, April 15,1941, for the
purpose of oral argument in the above-entitled matter. Said
notice of hearing was duly served upon the respective parties.
9. (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
1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 manufac-
turing and selling butter, margarine and ice cream; mining rock
salt, operating brine wells, and producing, refining, packing 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 business of the
respondent are performed by its subsidiary companies, the Amer-
ican 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 Ala-
bama; The Cudahy Packing Co. of Louisiana, Ltd.; -Barry
Machinery Co.; The Dow Cheese Co.; Bissell Leather Co.; Olney-
ville 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 Omalia, 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,
Dutch Cleanser factory and shops for the construction and
repair 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, Can-
ada; a wool scouring, combing and storage plant in Providence,
Rhode Island'; and a salt mine and refinery 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 1496 refrigerator 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 CUDAHY PACKING COMPANY , 1131-
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 $13,000,000 are attributable to its plant at
Wichita, Kansas. The total annual pay roll of the respondent
is still approximately $7,600,000, of which approximately $725,-
000 is attributable to the Wichita, Kansas, plant. The total
assets of $82,000,000 have recently been reduced 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.
Wichita, Kansas (hereinafter called the Wichita plant). Ap-
proximately 625 production workers are employed at the Wichita
plant.
(i) A substantial proportion of the livestock slaughtered at,
the Wichita plant lias originated , and does originate , outside
the State of Kansas and has been , and is , shipped from states
other than the State of Kansas by rail and truck to the Wichita
plant in the State of Kansas. Approximately 50 per cent of the
products of the Wichita plant have been , and are, shipped by'
the respondent by rail and truck from the Wichita -plant in the
State of Kansas to points without the State of Kansas.
(j) The Wichita plant is operated as a part of the general
accounting system of the repondent , 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 Wichita plant is registered for inspection with the
United States Department of Agriculture . Federal inspectors
are present at the plant during manufacturing operations.
10. 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.
11. The Union , Local Union No. 94, United Packinghouse
Workers of America, affiliated with Packinghouse Workers -Or-
ganizing Committee , affiliated with the Congress of Industrial
Organizations ; the-Independent , Packing House Workers Union
of Wichita ; and the Independent 's predecessor , the Plant Con-
ference Board, are labor organizations within the meaning of
Section 2, subdivision ( 5) of the National Labor Relations Act.
12. The respondent hereby accepts the findings of fact and
conclusions of law as made by the , Trial Examiner in his Inter-
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mediate Report in the above-captioned proceedings. The Inde-
pendent hereby accepts the findings of fact and conclusions of
law with regard to it as made by the Trial Examiner in said
Intermediate Report. The provisions of this paragraph shall
not be operative unless this Stipulation is approved by the
National Labor Relations Board.
13. The respondent and the Independent waive any right to
further hearing or oral argument on the allegations of the com-
plaint or on the Intermediate Report, to the taking of further
testimony- and the submission of" further evidence, to the mak-
ing of findings of fact and conclusions of law by the National
Labor Relations Board, and to any other or further proceed-
ings, preliminary to the issuance of an order herein, under the
National Labor Relations Act and the Rules and Regulations
of the National Labor Relations Board.
II.
IT IS FURTHER STIPULATED AND AGREED by and between the
respective parties hereto that the National Labor Relations
Board may, on the proceedings heretofore had, including, with-
out limitation , 'the second amended charges , complaint, hear-
ing, and Intermediate Report, and on this Stipulation , without
further notice or proceedings herein, enter an order in the above-
captioned case to the following effect :
The National Labor Relations Board hereby orders that The
Cudahy Packing Company, its officers, agents, successors, and
assigns, shall:
1. Cease and desist from:,
(a) In any manner dominating or interfering with the admin-
istration of the-Phint' Conference Board, or Packing House
Workers Union of Wichita, or any successor thereto, or with the
formation or administration of any other labor organization of
its employees, and from contributing support thereto ;
(b) Recognizing Packing House Workers Union of Wichita,
or any successor thereto, as the representative of any of its em-
ployees for the purpose of dealing with the respondent concern-
ing grievances, labor disputes, rates of pay, wages, hours of
employment, and other conditions of employment;
(c) Giving effect to, or entering into-any contract or arrange-
ment with Packing House Workers Union of Wichita, or any
successor thereto, concerning wages, hours , or other conditions
of employment;
(d) Discouraging membership in Local Union No. 94 , United
Packinghouse Workers of America, affiliated with (Pack-
THE CIiDAHY PACKING COMPANY 1133
inghouse Workers Organizing Committee, affiliated with
the Congress, of Industrial Organizations, or any, other labor
organizat sou of its employees, by discriminating in regard to
the hire and tenure of employment of any of its employees or any
terms or conditions thereof;
(e) In any other manner interfering with,, restraining," of
coercing-its employees in the exercise of their right 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 or other mutual aid or protection.
2. Take the following affirmative action to effectuate the poli-
cies of the National tabor Relations Act :
(a) Withdraw all recognition from Packing House Workers
Union of Wichita as the representative of any of its employees
for the purpose of dealing with the respondent concerning griev-
ances , labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment, and completely disestablish
said Packing House Workers Union of Wichita as such repre-
sentative ;
(b) Make whole James J. Cunningham for any loss of pay
he may have suffered by reason of the respondent's discriminatory
acts, by payment to him of the sum of $350.
(c) Post immediately in at least twenty-five (25) conspicuous
places throughout its Wichita, Kansas, plant and maintain for
at least sixty (60) consecutive days from date of posting notices
to its employees in tlie-form set forth in Appendix A attached
hereto and hereby expressly made a part of this Order ;
(d) Notify the Regional Director foK the Seventeenth 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 Seventeenth Region in writ-
ing, 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 organiza-
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion; that it will cease and desist from dominating. interfering
with, or supporting the Plant Conference Board, or Packing
House Workers Union of Wichita, or any other labor organization
of its employees; that it will cease and desist from recognizing
or bargaining with Packing House Workers Union of Wichita or
giving effect to any contract with Packing House Workers Union
of Wichita ; that it will cease and desist from discouraging mem-
bership in Local Union No. 94, Packinghouse Workers of America
(C.I.O.), 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. The company has also con-
sented that the National Labor Relations Board order it to pay
to James J. Cunningham, who in view of this consent order does
not desire reinstatement, the sum of $350 as back pay. This sum
has been paid to Cunningham.
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 de-
sirable jobs,-or laid off because he joins Local Union No. 94 or
any other labor organization. Members of Local Union No. 94
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 Union No. 94 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 were not free to join Local Union No. 94 or any other
labor organization, -these statements and actions are now with-
drawn and the policy outlined in the preceding paragraph shall
apply.
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. ,
J. D. HIGGINS,
Superintendent.
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
THE CU DAHY PACKING COMPANY 1135
enforcing in its entirety the order of the National Labor Relations
Board entered pursuant to this Stipulation ; and respondent
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 or 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 constructed to be an admission on the part of the respond-
ent 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 approved
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 6, 1941 , the Board issued, and duly served upon the parties,
its order approving the above stipulation and making it, a part of
the record. -
Upon the basis of the above stipulation and the entire record in the
vase, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The Cudahy Packing Company is a Maine corporation having its
principal executive offices in Chicago, Illinois. It is principally
engaged in the purchase and slaughter of livestock , the processing and
marketing of products therefrom , and in allied industries . It owlis
and operates refrigerator and tank cars for thhe transportation of
its products and maintains miscellaneous plants and transacts business
throughout the United States and in foreign countries.
The unfair labor practices involved in this proceeding arose at the
respondent's Wichita, Kansas, plant, at which it is engaged in the
purchase and slaughter of livestock and the processing and marketing
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the products therefrom. A substantial proportion of the live-
stock slaughtered at the Wichita plant originated outside the State
of Kansas, and approximately 50 per cent of the products of the
Wichita plant are7-shipped to points outside' th'e State of Kansas.
The operations of the Wichita plant require the services of approxi-
mately 625 production workers.
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States.
' II. THE ORGANIZATIONS INVOLVED
Local Union No. 94, United Packinghouse Workers of America,
affiliated with the Packinghouse Workers Organizing Committee, is a
labor organization affiliated with the Congress of Industrial Organiza
tions. ' It admits to membership employees of the respondent.
Packing House Workers Union of Wichita is an independent labor
organization which admits to membership employees of the
respondent.
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 Na-
tional Labor Relations Act, the National Labor Relations Board hereby
orders that The Cudahy Packing Company, its officers, agents, suc-
cessors, and assigns, shall:
1. Cease and desist from :
(a)'In-any manner dominating or interfering with the administra-
tion of the Plant Conference Board, or Packing House Workers Union
of Wichita, or any successor thereto, or with the formation or admin-
istration of any other labor organization of its employees, and from
contributing support thereto ;
(b) Recognizing Packing House Workers Union of Wichita, or any
successor thereto, as the representative of any of its employees for the
purpose of dealing with the respondent concerning grievances, labor
disputes, rates of pay, wages, hours of employment, and other condi-
tions of employment;
(c) Giving effect to, or entering into any contract or arrangement
with Packing House Workers Union of Wichita, or any successor
thereto, concerning wages, hours, or other conditions of employment;
(d) Discouraging membership in Local Union No. 94, United Pack-
inghouse Workers of. America, affiliated with Packinghouse Workers
Organizing Committee, affiliated with the Congress of Industrial Or-
ganizations, or any other labor organization of its employees, by dis-
i
THE CUDAHY PACKING COMPANY - 1137
criminating in regard to the hire and tenure of employment of any
of its employees or any terms or conditions thereof;
(e) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted activi-
ties for the purposes of collective bargaining or other metal aid or
protection.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Withdraw all recognition from Packing House. Workers Union
of Wichita as the representative of any of its employees for the pur-
pose of dealing with the respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other conditions
of employment, and completely disestablish said Packing House Work-
ers Union of Wichita as such representative;
(b) Make whole James J. Cunningham for any loss of pay he may
have suffered by' reason of the respondent's discriminatory acts, by
payment to him of the sum of $350.
(c) Post immediately in at least twenty-five (25) conspicuous places
throughout its Wichita, Kansas, plant and maintain for at least sixty
(60) consecutive days from date of posting notices to its employees
in the form set forth in Appendix A attached hereto and hereby.
expressly made a part of this-Order;
(d) Notify the Regional-Director for the Seventeenth 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 Seventeenth 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 organization; that it
will cease and desist from dominating, interfering with, or supporting
the Plant Conference Board, or Packing House Workers Union of
Wichita, or any other labor organization of its employees; that it will
cease and desist from recognizing or bargaining with Packing House
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'Workers Union of Wichita or giving effect to any contract with Pack-
ing House Workers Union of Wichita; that it will cease and desist
from discouraging membership in Local Union No. 94, Packinghouse
Workers of America (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. The company has
also consented that the National Labor Relations Board order it to
hay to James J. Cunningham, who in view of this consent order does
not desire reinstatement, the sum of $350 as back pay. This sum
,has been paid to Cunningham.
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
eff because he joins Local Union No. 94 or any other labor organiza-
tion. Members of Local Union No. 94 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. Em-
ployees are free to join or not to join Local Union No. 94 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
N ational 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 were not
free to join Local Union No. 94 or any other labor organization, these
statements and actions are now withdrawn and the policy outlined in
the preceding paragraph shall apply.
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.
J. D. HIGGINS,
Superintendent.