Tuscan Daily Farms, Inc.

National Labor Relations Board - Board Decisions

Jan 31, 1941

29 N.L.R.B. 309 (N.L.R.B. 1941)

In the Matter of TUSCAN DAIRY FARMS , INC., AND JOHN F. DUMONT
and MILK DRIVERS & DAIRY EMPLOYEES LOCAL UNION 680, INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFERS , STABLEMEN AND
HELPERS, A. F. OF L.
Case No. C-1775.-Decided January 31, 1941
Jurisdiction : dairy industry.
Settlement : stipulation providing for compliance with, the Act.
Remedial Orders : entered on stipulation.
Mr. Millard L. Midonick, for the Board.
Mr. Julius Stein, of Newark, N. J., for the respondent Tuscan.
Mr. John F. Dumont, of Little Falls, N. J., for the respondent
Dumont.
Mr. Thomas L. Parsonnet, of Newark, N. J., for the Union.
Mr. William T. Little, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended' charges duly filed by Milk Drivers
& Dairy Employees, Local Union, 680, International Brotherhood
of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of L., herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Second Region (New
York City), issued its complaint and supplemental complaint dated
August 13, and September 24, 1940, respectively, against Tuscan
Dairy Farms, Inc., Union, New Jersey, herein called the respondent
Tuscan, and John F. Dumont, herein called the respondent Dumont,
and jointly referred to as the respondents. The complaint alleged
that the respondent Tuscan had engaged in and was engaging in
Unfair labor practices within the meaning of Section 8 (1), (2), and
(3) and Section 2 (6) and (7) and that the respondent Dumont had
engaged in and was engaging in unfaii• labor practices within the mean-
ing of Section 8 (1) and (2) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
29 N. L. R. B., No. 60
309
,310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The supplemental complaint alleged that the respondent Tuscan had
engaged in unfair labor practices within the meaning of Section 8
(1) and (5) and Section 2 (6) and (7) of the Act.
With respect to the unfair labor practices, the complaint alleged
in substance : (1) that the respondent Tuscan on September 28 and
October 13, 1939, demoted and decreased the salary of Horace Jones
and otherwise rendered his working conditions more onerous, and
discharged Allen Brown, Horace Jones, and Murray Litvinoff on
September 14, October 20, and November 15, 1939, respectively, be-
cause they had joined and assisted the Union; (2) that the respond-
ent Dumont was an employer under Section 2 (2) of the Act in that
he acted directly and indirectly in the interest of the respondent
Tuscan; (3) that the respondents had dominated, supported, and
interfered with the administration of Dairy Drivers Protective Asso-
ciation, a labor organization, herein called the Association.; and (4)
that by the foregoing acts and by (a) urging, persuading, and warn-
ing employees to refrain from aiding the Union or maintaining union
membership ; (b) threatening discharge and other reprisals to those
who joined the Union and those who did not join the Association;
(c) promoting clandestine competition among employees to bulwark
the threat of discharge by furnishing an ostensible reason therefor;
(d) repeatedly requesting an active union member to resign his
position with the respondent Tuscan; (e) vilifying union representa-
tives and adherents to employees; (f) offering employees bribes and
inducements to support the Association or to cease supporting the
Union; (g) engaging in espionage and surveillance of employees'
union I.ctivities; (h) falsely charging employees with kidnapping
and coercion in the performance of union activities to interfere
therewith; (i) repudiating agreements made with the Union; (j)
negotiating collective bargaining agreements with the Association
purporting to ' confer upon it exclusive bargaining representative
status; (k) seeking to "lease" milk routes to its employees to evade
the respondent Tuscan's obligations under' the Act and under its
agreement with the Union; and by other acts, the respondents inter-
fered with, restrained, and coerced their employees in the exercise
of the rights guaranteed in Section 7 of the Act. Concerning the
unfair labor practices, the supplemental complaint alleged, in sub-
stance, that the respondent Tuscan: (1) on and after July 21, 1939,
refused to bargain collectively with the Union, the duly designated
representative of a majority of its employees in an appropriate unit,
(2) and, thereby interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
Copies of the complaint, supplemental complaint, and notice of
hearing thereon were duly served on the respondents , the Union, and
TUSCAN DAIRY FARMS, INC. 311
the Association. On September 4 and October 22, 1940, the, respond-
ent Tuscan filed its answers to the complaint and supplemental com-
plaint, admitting certain allegations concerning interstate commerce,
but denying all other material allegations of the complaints. On
September 4, 1940, the respondent Dumont filed his answer putting'
in issue all material allegations of the complaint. On November 26,
1940, thirty-five employees of the respondent Tuscan filed a petition
with the Regional Director, alleging that the relief sought by the
Union. would deprive them of their rights under the Act, and re-
questing permission to intervene in the proceedings on the supple-
mental complaint.
On October 1 and November 25, 1940, and January 7, 1941, stipula-
tions were entered into in settlement of the complaint. The respond-
ent Tuscan, the Union, and counsel for the Board joined in the stipu-
lations of October 1 and John F. Dumont joined in the stipulation
of November 25, 1940, "as attorney for the Dairy Drivers Protective
Association until the dissolution thereof," and in the stipulation of
January 7, 1941, pro se. The stipulation of October 1, 1940, as
amended by the stipulation of January 7, 1941, provides as follows :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between the Tuscan
Dairy Farms, Inc.; Milk Drivers & 'Dairy Employees Local
Union 680, International Brotherhood, of Teamsters, Chauffeurs,
Stablemen and Helpers, A. F. of L.; and Millard L. Midonick,
attorney for the National Labor Relations Board, Second
Region :
I. Upon charges duly filed by Milk Drivers & Dairy Employees
Local Union 680, International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers, A: F. of L., hereinafter
called the Union, the - National Labor Relations Board, herein-
after called the Board, by Elmore M. Herrick, Regional Director
for the Second Region, New York City, acting pursuant to au-
thority granted in Section 10, subsection (b), of the National
Labor Relations Act, 49 Stat. 449, hereinafter called the Act, and
its Rules and Regulations-Series 2, as amended, Article IV,
Section 1, issued its complaint on the 13th" day of August, 1940,
against Tuscan Dairy Farms, Inc., and against John F. Dumont,
hereinafter called the respondents.
II. A copy of the fifth amended charge, complaint, notice of
hearing thereon, and National Labor Relations Board Rules and
Regulations-Series 2, as amended, were duly served upon the
respondents, upon the Union, and upon Dairy Drivers Protective
Association.
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. Tuscan Dairy Farms, Inc.,-hereinafter called the respond-
ent Tuscan, is and has been since 1927 a corporation duly or-
ganized under and existing by virtue of the laws of the State
of New Jersey, having its principal office and place of business
at 750 Union Avenue, in the township of LTriion, county of Union
and State of New Jersey, hereinafter called the New Jersey plant,
and is now and has been continuously engaged at said New Jer-
sey plant in the production and retail and wholesale sale and'
distribution of milk, cream, buttermilk, chocolate drink and
related products.
IV. In the conduct of its business the respondent Tuscan nor-
mally purchases annually dairy products (milk and cream)
amounting to approximately 15,000,000 quarts by volume. Of
the total purchases of • dairy products made by the respondent
Tuscan approximately 48.6 per cent are normally annually
shipped to the New Jersey plant from places outside of the
State of New Jersey. '
V. In the conduct of its business the respondent Tuscan nor-
mally purchases annually supplies (bottle caps and hoods, card.,
board containers, grains, hay and feed, bottles, chocolate)
amounting approximately, to $260,000 in value. Of the total
purchases of supplies, made by the respondent Tuscan approxi-
mately 38 per cent are normally shipped annually to the New
Jersey plant from places outside of the State of New Jersey.
VI. In the conduct of 'its business the respondent normally
sells annually dairy products (milk, cream, buttermilk, chocolate
drink) amounting approximately to 14,000,000 quarts by volume.
Of the total sales of dairy products made by the respondent
Tuscan approximately 42.6 per cent are normally sold annually
to firms located in the State of New York. The firms located
in the State of New York which customarily purchase dairy
products from the respondent Tuscan made such purchases
F. O. B. the New Jersey plant ; the said dairy products sold
F. O. B. the New Jersey plant are shipped by the purchasers
directly from the said New Jersey plant to places in the State
of New York wherein are located the said New York purchasers.
VII. John F., Dumont is a.natural person, having his place of
business at 85 Main Street, Little Falls, New Jersey.
VIII. Milk Drivers & Dairy Employees Local Union 680, In-
ternational Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers, A. F. of L., is and has been a labor organization
within the meaning of Section 2, subsection (5), of the Act.
IX. Dairy Drivers Protective Association has been a labor
organization within the meaning of Section 2, subsection (5),
TUSCAN DAIRY FARMS, INC. 313
of the Act. Dairy Drivers Protective Association was until Sep-
tember 10, 1940, a corporation duly organized under and existing
by virtue of the laws of the State of New Jersey. On Septem-
ber 10, 1940, Dairy Drivers Protective Association was dissolved
and disbanded by vote of its members.
X. In November 1939, the respondent Tuscan entered into a
collective labor agreement with Dairy Drivers Protective Asso-
ciation, hereinafter called the Association, which agreement pur-
ports to be in effect for two years from the date thereof. .
XI. Upon representations to that effect made by the respond-
ent Tuscan, it is agreed by all parties that respondent Tuscan
has leased only three of its approximately 30 milk delivery routes
to three employees. It is hereby stipulated that the said three
lessees are employees of the respondent Tuscan within the mean-
ing of the National Labor Relations Act with all the rights,
privileges and immunities of employees thereunder for the pur-
poses of the National Labor Relations Act. The respondent
Tuscan represents that it has no present intention of leasing ad-
ditional milk delivery routes although it does not represent that
it will not do so in the future.
XIII.1 All present obligations on the part of the respondent
Tuscan respecting back pay owing to Horace Jones, Allen Brown
and Murray- Litvinoff under the National Labor Relations Act,
are settled and discharged upon the approval by the Board of
this stipulation.
XIV. The respondent Tuscan, the Union, hereby .waive in the
above entitled matter the right to a hearing, to the taking of
testimony or other evidence before a Trial Examiner, and to the
making of findings of fact and conclusions of-law by the Board
pursuant to the provisions of the Act.
XV. This stipulation', together with the fifth' amended charge
and the complaint herein, the affidavit of service of the fifth
amended charge and complaint dated August 13,,1940, with cor-
responding return receipts, answers of the respondents to said
complaint and National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, may be introduced into the record
in- the above-entitled matter by filing the said documents with
the Chief Trial Examiner of the Board at Washington, D. C.
XVI. This stipulation is subject to the approval of the Board,
shall become effective immediately upon the granting of such
1 All of paragraph XII of the stipulation except the number XII was deleted by the
psi ties. '
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approval by the Board, but shall not be effective until it has
received such approval.- '
XVII. Upon the entire record in the above-entitled matter,
the Board may forthwith or at any future time enter the Order
set forth below in paragraph XVIII, and, upon application by
the Board without further notice to the respondents, the United
States Circuit Court of Appeals for the Third Circuit, or any
other appropriate court as provided in Section 10, subdivision
(e), of the Act, may enter a decree embodying and enforcing the
said Order of the Board in substantially the same form set forth
below in paragraph XVIII, and the respondents hereby ex-
pressly consent thereto and expressly waive their rights to contest
the entry of such decree.
XVIII. The order referred to above in paragraph XVII shall
provide as follows :
The respondent, Tuscan Dairy Farms, Inc., its officers, agents,
successors, and assigns shall:
1. Refrain from :
(a) Dominating or interfering with the administration of
Dairy Drivers Protective Association, or with the formation or
administration of any other labor organization of its employees,
and from contributing support to , Dairy Drivers Protective
Association, or to any other labor organization of its employees;
(b) Recognizing Dairy Drivers Protective Association as the
representative of any of its employees for the purpose of dealing
with it concerning grievances, labor disputes, wages, rates of pay,
hours of employment or other conditions of employment ;
(c) Giving effect to its agreement of November 1939 with
Dairy Drivers Protective Association 'or to any modification or
extension thereof, or to any other agreement which it may have
entered into with Dairy Drivers Protective Association in respect
to rates of pay, wages, hours of employment, or other conditions
of work ;
(d) Discouraging membership in Milk Drivers & Dairy Em-
ployees Local Union 680, International Brotherhood of Team-
sters, Chauffeurs', Stablemen and Helpers, A. F. of L., or any
other labor organization of its employees, by discharging, de-
moting, transferring, or refusing to promote or - reinstate its
employees, or any of them, of in any other manner discriminating
in regard to hire or' tenure of employment, or any term or con-
dition of employment of its employees;
(e) Encouraging membership in Dairy Drivers Protective
Association, or, in any other labor organization of its employees,
by discharging, demoting, transferring or refusing to promote
TUSCAN DAIRY FARMS, INC.
I
315
or reinstate its employees , or any of them , or in any other
manner discriminating in regard to hire or tenure of employ-
ment, or any term or condition of employment of its employees;
,(f) In any other manner interfering with, restraining or co-
ercing its employees in the exercise of the right to self-organiza-
tion, to form , join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection , as guaranteed in
Section 7 of the National Labor Relations Act.
2. Take the following affirmative action :
(a) Withdraw all recognition from and refuse to recognize
Dairy Drivers Protective Association as the representative of
any of its employees for the purpose of dealing with the re-
spondent Tuscan concerning grievances , labor disputes , wages,
rates of pay , hours of employment or other conditions of em-
ployment, and completely disestablish Dairy Drivers Protective
Association as such representative;
(b) Post immediately in conspicuous places throughout its
New Jersey plant and maintain for at least sixty ( 60) consecu-
tive days from the date. of posting , notices to its employees
stating :
NOTICE TO OUR EMPLOYEES
Tuscan Dairy Farms , Inc., has voluntarily agreed to a settle-
ment of the complaint issued against it by the National Labor
Relations Board. In accordance with the terms of the settle-
ment the Company has consented to the entry of an order of the
National Labor Relations Board and of a, decree by a United
States Circuit Court of.Appe`als. In the interests of harmonious
relationships with our employees and pursuant to the settlement
the Company announces that:
A. The Company has disestablished and withdrawn recogni-
tion from Dairy Drivers Protective Association as a representa-
tive of its employees or any of its employees, for the purpose of
collective bargaining or the adjustment of grievances , and will
not hereafter recognize Dairy Drivers Protective Association
or its successors or assigns for any purpose.
B. The last contract between the Company and Dairy Drivers
Protective Association has been cancelled.
C. The Company will not form, dominate , interfere with the
administration of, or contribute support to any labor organ-
ization.
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
D. The Company will not discourage membership in Milk
Drivers & Dairy Employees Local Union 680, International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers,
A. F. of L., or any other labor organization, by discriminating
against employees by discharging, demoting, transferring or
refusing to promote or reinstate its employees.
E. The Company will not interfere with, restrain or coerce
any of its employees in the exercise of their rights guaranteed by
the National Labor Relations Act, to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other
mutual aid or protection.
F. Employees 'are free to join or assist any labor organization
of their own choice including Milk Drivers and Dairy Employees
Local Union 680, International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers, A. F. of L., without fear of
discrimination on the part of the Company, or any of its execu-
tives or supervisors; provided, however, that it is understood
that this settlement and notice do not effect the pending litigation
in the courts of New Jersey concerning the question of the
validity and the interpretation of an alleged closed-shop contract
entered into by_the Company in favor of Local 680.
TUSCAN DAIRY FARMS, INC.,
By CHARLES BORTNSKY, President.
(c) Notify the Regional. Director for the Second Region in
writing within ten (10) days from the date of this Order what
steps the respondent Tuscan has taken to comply therewith.
IT IS FURTHER ORDERED that the complaint, insofar as it per-
tains to the respondent John F. Dumont, be, and the same hereby
is, dismissed.
AND IT IS FURTHER ORDERED that the complaint, in so far as it
alleges that the refusal by the respondent Tuscan to reinstate
Horace Jones to his former position on or about September 22,
1939, ' was discriminatory, thereby discouraging membership in
one labor organization and encouraging membership in another
labor organization, be; and the same hereby is, dismissed.
XIX. It is expressly understood that the terms of this stipu-
lation embody the ,entire agreement between the parties hereto,
and it is further understood that there is no verbal or other agree-
ment of any kind which in substance or effect in any way 'varies,,
alters, or adds to the stipulation.
TUSCAN DAIRY FARMS, INC. 317
XX. The parties hereby agree that neither this stipulation,
nor the order of the board , nor the enforcement decree of the
United States Circuit Court of Appeals , to be entered on this
stipulation,, shall be deemed an admission by the - respondent
Tuscan or the respondent Dumont that either of them have
violated the National Labor Relations Act or any other law.
In addition to amending the stipulation of October 1, 1940 the
stipulation of January 7, 1941 provides as follows :
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between Tuscan
Dairy Farms, Inc.; Milk Drivers ' & Dairy Employees Local
Union 680, International Brotherhood of Teamsters, Chauffeurs,
Stablemen and Helpers, A. F. of L.; John F. Dumont; and
Millard L. Midonick, attorney for the National Labor Relations
Board, Second Region.
I. John F. Dumont, an individual having his office and place
of business at 85 Main Street, Little Falls, New Jersey, is an
attorney at law. '
V.2 Paragraph XVII of the aforesaid stipulation dated Octo-
ber 1, 1940, is hereby republished and shall apply in accordance
with its terms to the Order set forth in paragraph-XVIII of the
aforesaid stipulation dated October 1, 1940, as the-said Order
is altered by the instant stipulation.
VI. This stipulation is subject to the approval of the Board,
shall become effective immediately upon granting of such
approval by the Board, but shall not be effective until" it has
received such approval.
VII. Neither the stipulation in the above-entitled matter dated
October 1, 1940, nor the stipulation in the above-entitled matter
dated November 25, 1940, nor the instant stipulation shall be
construed as prejudicing the prosecution by, the. Board 6f7, the
issues under Section 8, subdivisions (1) and (5), and, Section 2,
subdivisions (6) and (7), of the National Labor Relations Act.
Allegations concerning the said issues are ' embodied in the sup-
plemental complaint in the above-entitled matter issued on the
24th day of September, 1940, against Tuscan Dairy Farms, Inc.,
a respondent herein. ' •
,VIII.-This stipulation together with the stipulation dated
October 1, 1940, and all documents specified therein, and_ the
2 Paragraphs II, III, and IV serve only to amend the stipulation of October 4,4940; and-
are included in the amended stipulation set forth above '
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stipulation dated November 25,11940, may be introduced into the
record in the above-entitled matter by filing them with the Chief
Trial Examiner of the Board in Washington, D, C.
IX. It is expressly understood that the terms.of this stipula-
tion, together with those of the stipulations dated October 1,
1940, and November 25, 1940, in the above-entitled matter, embody
the entire agreement between the respective parties thereto, and
it is further understood that there is no verbal or other agree-
ment of any kind which in substance or effect in any way varies,
alters, or adds to the aforesaid stipulations.
The stipulation of November 25, 1940 provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between Tuscan
Dairy Farms, Inc. ; Milk Drivers & Dairy Employees Local
Union 680, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers, A. F. of L.; 3 John F. Dumont;
and Millard L. 'Midonick, attorney for 'the National Labor
Relations Board, Second Region :
1. John F. Dumont, an individual having his office and place
of business at 85 Main Street, Little Falls, New Jersey, is an
attorney at law and in such capacity has represented a labor
organization known' as Dairy Drivers Protective Association
throughout its existence.
II. On September 30, 1940, said John F. Dumont wrote a letter
to the attorney for the National Labor Relations Board, the
relevant portions of which are set forth as follows :
JOHN F. DUMONT
Attorney at Law, 85 Main Street, Little Falls, N. J.
Little Falls 4-0440
SEPTEMBER 30TH, 1940.
MILLARD L.- MIDGNICK, Esq., -
National Labor Relations Board,
120 Wall Street, New York, N. Y.
Re: Case #11-C-2530
MY DEAR MR. MIDONICK : I enclose, herewith, the original of
the first stipu] ation in the above entitled cause which apparently
has been duly executed by an,officer of Tuscan Dairy Farms.
8 The name of the Union thus appears in the stipulation.
TUSCAN DAIRY FARMS, INC. 319
As you know the Dairy Drivers Protective Association was
dissolved some three weeks ago, and immediately upon dissolution
notified the Company that it no longer was in a position to contract
with the Company. As a result of which it wished to abrogate
any contracts which it might have and, which were then presently
in existence.
As I previously informed you I have encountered much diffi-
culty in my effort to get an officer of the Dairy Drivers Protective
Association to sign the stipulation herein enclosed.
The attitude of the officers is that since the organization is
no longer in existence it is beyond their power to sign a stipu-
lation, even as one of the former officers.
Very truly yours,
/s/ JOHN F. DUMONT.
JFD : IF
III. This stipulation may be introduced into the reca'rd in
the above-entitled matter by filing it with the Chief Trial Exam-
iner in Washington, D. C.
On January 11, 1941, the Board issued its order approving the
stipulations of October 1 and November 25, 1940, and January 7, 1941,
making them a part of the record in the case, and pursuant to Article
II, Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferred the proceeding to and con-
tinued it before the Board for the purpose of entry of a decision and
order pursuant to the provisions of the stipulations.
Upon the basis of the above stipulations and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT TUSCAN
The respondent, Tuscan Dairy Farms, Inc., is a New Jersey corpo-
ration with its principal office and place of business at Union, New
Jersey. It is engaged in the processing and retail and-wholesale
sale and distribution of milk, cream, buttermilk, chocolate drink, and
related products. Of its normal annual purchases of 15,000,000 quarts
of milk and '$260,000 of supplies, approximately 48.6 per- cent of the
milk and 38 per cent of the supplies are obtained outside New Jersey.
Of' its normal annual sale of 14,000,000 quarts of dairy products,
approximately 42.6 per cent are shipped to States other than New-
Jersey.
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the above-described operations of the respondent Tuscan
constitute a continuous, flow of trade, traffic, and commerce among the
several States.
- H. THE RESPONDENT DUMONT
John F. Dumont is an attorney at law, having his office and place
of, business at Little Falls, New Jersey. The complaint alleges that the
respondent Dumont acted in the interest of the respondent Tuscan and
engaged in certain unfair labor practices. The record; as stipulated
to by all the parties, contains no evidence that the respondent Dumont
acted in the interest of the respondent Tuscan or engaged in any unfair
labor practices. It is stipulated by all parties that the complaint shall
be dismissed as to the respondent Dumont. We shall accordingly
dismiss the complaint as to him.
ORDER
• Upon the basis of the above findings of fact, stipulations, and the
entire record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby orders,
that Tuscan Dairy Farms, Inc., Union, New Jersey, its officers, agents,
successors, and assigns, shall:
1. Refrain from :
(a) Dominating or interfering with the administration of Dairy
Drivers Protective Association, or with the formation or administra-
tion of any other labor organization of its employees, and from con-
tributing support to Dairy Drivers Protective Association, or to any
other labor organization of its employees;
(b) Recognizing Dairy Drivers Protective Association as the repre=
sentative of any of its employees for the purpose of dealing with it
concerning grievances, labor disputes, wages, rates of pay, hours of
employment or other conditions of employment;
(c) Giving effect to its agreement of November 1939 with Dairy
Drivers Protective Association or to any modification or extension
thereof, or to any other agreement which it may have entered into with
Dairy Drivers Protective Association in respect to rates of pay, wages,
hours of employment, or other conditions of work; ' -
(d) Discouraging membership in Milk Drivers & Dairy Employees
Local Union 680, International Brotherhood of Teamsters, Chauffeurs,
Stablemen and Helpers, A. F. of L., or any other labor organization
of its employees, by discharging, demoting, transferring, or refusing
to promote or reinstate its employees, or any of them, or in any other
manner discriminating in regard to hire or -tenure of employment, or
any term or condition of employment of its employees;
(e) Encouraging membership in Dairy Drivers Protective Associa-
tion, or in any other labor organization of its employees, by discharg-
TUSCAN DAIRY FARMS, INC. 321
t
ing, demoting, transferring or refusing to promote or reinstate its
employees, or any of them, or in any other manner discriminating in
regard to hire or tenure of employment, or any term or condition of
employment of its employees;
(f), In any other manner interfering with, restraining or coercing
its employees in the exercise of the right to self-organization, to form,'
join, or. assist labor organizations, to bargain collectively through repre-
sentatives of their own choosing, and to engage in concerted activities
for the purposes of collective bargaining or other mutual aid or pro-
tection, as guaranteed in Section 7 of the National Labor Relations
Act. _
2. Take the following affirmative action :
(a) Withdraw all recognition from and refuse to recognize Dairy
Drivers Protective Association as the representative of any of its
employees for the purpose of dealing with the respondent Tuscan con-
cerning grievances, labor disputes, wages, rates of pay, hours of em-
ployment or other conditions of employment, and completely
disestablish Dairy Drivers Protective Association as such representa-
tive;
(b) Post immediately in conspicuous places throughout its New
Jersey 'plant and maintain for at least sixty (60) consecutive days
from the date of posting, notices to its employees stating :
NOTICE TO OUR EDIPLOY-ES
i
Tuscan Dairy Farms, Inc., has voluntarily agreed to a settlement of
the complaint issued against it by the National Labor Relations
Board. ,In accordance with the terms of the settlement the Company
has consented to the entry of an order of the National Labor Rela-
tions Board and of a decree by a United States Circuit Court of
Appeals. In the interests of harmonious relationships with our em-
ployees and pursuant to the settlement, the Company announces that
A. The Company has disestablished and withdrawn recogni-
tion from Dairy Drivers Protective Association as a representa-
tive of its employees or any of its employees, for the purpose of
collective bargaining or the adjustment of grievances, and will
not hereafter recognize Dairy Drivers Protective Association or
its successors or assigns for any purpose.
B. The last contract between the Company and Dairy Drivers
Protective Association has been cancelled.
C. The Company will not form, dominate, interfere with the
administration of, or contribute support to any labor' organization.
D. The Company will not discourage membership in Milk Driv-
ers & Dairy Employees Local Union 680, International Brother-
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hood of Teamsters, Chauffeurs, Stablemen and Helpers, A. F. of
L., or' any other labor organization, by discriminating against
employees by discharging, demoting, trannsferring or refusing
to promote or reinstate its employees.
E. The Company will not interfere with, restrain or coerce any
of its employees in the exercise of their rights guaranteed by the
National Labor Relations Act, 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.
F. Employees are free to join or assist any labor organization
of their own choice including Milk Drivers and Dairy Employ-
ees Local Union 680, International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers, A. F. of L., without fear of
discrimination on the part of the Company, or any of its execu-
tives or supervisors; provided, however, that it is understood that
this settlement and notice do not effect the pending litigation in
the courts of New Jersey concerning the question of the validity
and' the interpretation of an- alleged closed-shop contract entered
into by the Company in favor of Local 680.
TUSCAN DAIRY FARMS,-INC.,
By CHARLES BORINSIiYi President.
(c) Notify the Regional Director for the Second Region in writing
within ten (10) days from the date of this Order what steps the
respondent Tuscan has taken to comply therewith.
IT IS FURTHER ORDERED that the complaint, insofar as it pertah s to
the'respondent John F. Dumont, be, and the same hereby is, dismissed.
AND IT IS FURTHER ORDERED that the complaint, in so far as. it alleges
that the refusal by the respondent Tuscan to reinstate Horace Jones
to his former position on or about September 22, 1939, was discrim-
inatory, thereby discouraging membership in one labor organization
and encouraging membership in another labor organization, be, and
the same hereby is, dismissed.