Vagim Packing Co.

National Labor Relations Board - Board Decisions

Mar 7, 1942

39 N.L.R.B. 564 (N.L.R.B. 1942)

In the Matter of J. G. VAGIM, AN INDIVIDUAL, DOING BUSINESS AS VA-
GIM PACKING COMPANY and PACKING HOUSE EMPLOYEES UNION,
LOCAL 19653
Case No. C-2121.-Decided March 7, 1942
Jurisdiction : dried fruits processing and packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. John Paul Jennings , for the Board.
Mr. lener W. Nielsen, of Fresno, Calif ., for the respondent.
Mr. Malvern P. Hilliard, of Fresno, Calif ., for the Union.
Jt'Ir. Max E. Halpern, of counsel to the Board.
DECISION
and
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Packing House
Employees Union, Local 19653, affiliated with the A. F. of L., herein
called the Union, the National Labor Relations Board, herein called the
Board, by the Regional Director for the Twentieth Region (San Fran-
cisco, California), issued its complaint dated January 31, 1942, and its
amended complaint dated February 10, 1942, against J. G. Vagim, an
individual doing business as Vagim Packing Company, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the mean-
ing of Section 8 (1) and (3) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On January
31,'1942, copies of the complaint, accompanied by a notice of hearing,
were duly served upon.the respondent and the Union.
With respect to the unfair labor practices, the amended complaint
alleged in substance: (1) that the respondent had discharged three
named employees because of their membership in and activities on
behalf of the Union; (2) that by the foregoing acts, the respondent
interfered with, restrained, and coerced his employees in the exercise
of the rights guaranteed by Section 7 of the Act; and (3) that by the
39 N. L. R. B., No. 102.
564
f,J. G. VAGIM 565
foregoing acts, the respondent discriminated in regard to the hire and
tenure of employment of the said employees and thus discouraged
membership in the Union.
The respondent, filed his answer dated February 17,, 1942, to the
amended complaint herein, denying, that he had engaged in or was en-
gaging in the alleged unfair, labor practices.
On February 18,'1942, the respondent, the Union, and the attorney
for the Board entered into a stipulation, subject to the • approval of
the Board, for settlement of the case. The stipulation provides as
follows:
STIPULATION
It is hereby stipulated and agreed by and between J. G. Vagun,
an individual doing business as Vagim Packing Company, herein-
after referred to as the Respondent, by his attorney, Iener W.
Nielsen, Packing House Employees Union, Local 19653, herein-
after referred to as the Union, and John Paul Jennings, attorney,
National Labor Relations Board, as follows:
- I.
Respondent is an individual doing business as'Vagim Packing
Company, with his principal office and place of ' business at
Fresno, Fresno County, California, hereinafter called the Fresno
plant. Respondent is engaged at his Fresno plant in the business
of processing and packing raisins, figs and other dried fruits.
Raw materials used by-the Respondent consist principally of fruit
grown and dried in, the vicinity of Fresno, California and pur-
chased from the growers by Respondent.
During the calendar year 1941 Respondent sold his dried fruit
products for an amount in excess of one million dollars. In
excess of 95% of the dried fruit products sold by -Respondent
were sold and transported from Respondent's Fresno plant to
points and places outside the State-of California. Respondent's
business during the calendar year 1941 as above stipulated, was
substantially the same as his business during the calendar year of
1940, and 'Respondent's business at the present time is sub-
stantially the same as during 1941. For the purposes of this
proceeding and not otherwise, Respondent- stipulates that his
operations affect commerce within the meaning of Sectioni,2 (6)
and (7) of the National Labor Relations Act:
II. i
Packing House Employees -Union,' ;Local' ^ 19653, is a labor
organization within the meaning of Section ' 2- (5) 'of the National
Labor Relations Act, affiliated with the American' Federation of -
Labor. '
566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III.
All the parties hereto waive their right to a hearing, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board herein, and to any other or further pro-
cedure before said Board, and agree that the charges, complaint,
amended complaint and notice of hearing, affidavit as to service
of said complaint and notice of hearing, the answer of Respondent,
the National Labor Relations Board Rules and Regulations--,
Series 2, as amended, and this Stipulation, shall constitute the
entire record in this case and shall dispense with the necessity
for the hearing provided for in the said complaint and notice of
hearing. This record shall be filed with the National Labor
Relations Board by transmitting the same to the Chief Trial
Examiner of the said Board at Washington, D. C.
IV.
Without admitting that the unfair labor practices alleged in the
complaint or referred to in the form of order set forth below have
been committed by any of the parties hereto, and expressly on the
understanding that nothing contained in this stipulation or in
the order or decree provided for herein shall be construed as an
an admission or finding, express or implied, that any such unfair
labor practices have been committed by any of the parties hereto,
the parties join in this stipulation to the end that this matter may-
be amicably and promptly settled. Upon the entire record
herein, including this stipulation if and when approved by the
National Labor Relations Board, an, order may be forthwith
entered by the said board as follows:
1. Respondent, J.'G. Vagim, his agents, successors and assigns
shall not:
(a) In any manner interfere with, restrain or coerce his em-
ployees in the exercise of their right 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 protec-
tion;
(b) Discourage membership in Packing House Employees
Union, Local 19653, A. F. of L., or any other labor organization
of its employees, by discriminating against said employees in
respect to their hire or tenure of employment or any term or
condition thereof.
2. Respondent, J. G. Vagim, his agents, successors and assigns,
shall take the following affirmative action to effectuate the policies
of the National Labor Relations Act:
J. G. VAGTM 567
(a) Offer to Charles W. Morgan, Rivers Spradling and Lorenzo
Allie, reinstatement to their former or substantially equivalent
positions at the beginning of the 1942 season, without prejudice
to their seniority or other -rights or privileges, before offering
employment to any individual not in the employ of Respondent
on October 8, 1941
(b) Make whole Rivers Spradling and Lorenzo Allie for any loss
of pay they may have suffered from October 9, 1941 down to the
date hereof by payment to Rivers Spradling of the sum of $45.00
(forty five) [sic] and by payment to Lorenzo Allie of the sum of
$45.00 (forty five) [sic].
(c) Post and maintain for sixty consecutive days, notices in
conspicuous places in its Fresno plant, setting forth the provisions
of Paragraph 1 of this Order and stating that the employees of
Respondent are free to join or assist Packing House Employees
-Union, Local 19653, A. F. of L., and that such action on their part
will not effect their employment status with Respondent.
(d) Notify the Regional Director for the Twentieth Region, in
writing, within twenty days from the date of this Order, of the
steps taken by Respondent to comply herewith. -
V.
After the entry of the Order by the National Labor Relations
Board as provided for in Paragraph IV hereof, there may be
entered in the United States Circuit Court of Appeals for the
Ninth Circuit, a decree by said Court enforcing said Order in full,
and each of the parties hereto hereby consents to the entry of said
decree and hereby waives prior notice thereof.
VI.
It is expressly understood and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
VII.
This stipulation contains the entire agreement between the
parties hereto and there is no understanding, oral or written,
adding to or in anywise altering the provisions of this stipulation.
On February 28, 1942, the Board issued- its Order approving the
above stipulation and making it a part of the record in the case.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE, BUSINESS OF THE RESPONDENT
The respondent is an individual doing .business as Vagim Packing
Company and has his principal office and place of business at Fresno,
Fresno County, California, where, he is engaged in the business of
processing and packing raisins,,figs, and other dried fruits. The raw
materials purchased by, the -respondent consist principally .of fruit
grown and dried in the vicinity of Fresno, California. During the
calendar year 1941, the respondent sold dried fruit products in an
amount in excess of $1,000,000, 95 percent of which were sold and
transported by the respondent to points outside the State of California.
The respondent's business at the present time is substantially, the
same as during the year 1941. The respondent admits that he is
engaged in commerce within the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the foregoing findings of fact, the stipulation and
the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that,the respondent, J. , G. Vagim, doing business as
Vagim^ Packing Company, his agents,, successors, and assigns shall:
1. Cease and desist from:
(a) In any manner interfering with, restraining, or coercing his
employees in the exercise of their right to form, join, of 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;
(b) Discouraging membership in Packing House Employees Union,
Local' 19653, A. F. of E., or any other labor organization of his- employ-
ees, by discriminating against said employees in respect to their hire
or tenure of employment or any term or condition thereof.
2. Take the following affirmative action which will effectuate the
policies of the Act:
(a) Offer to Charles W. Morgan, Rivers Spradling and Lorenzo
Allie, reinstatement to their former or substantially equivalent posi-
tions at the beginning, of the 1942' season, without prejudice to their
seniority or other rights or privileges, before offering employment to
any individual not in 1 he employ of Respondent on October 8, 1941;
(b) Make whole Rivers Spradhng and Lorenzo Allie for any loss
of pay 'they may have suffered from October 9, 1941, down to the
date hereof by payment to Rivers Spradling of the sum of forty-five
J. G. VAGIM 569
dollars ($45.00) and by payment to Lorenzo Allie of the sum of forty-
five dollars ($45.00);
(c) Post and maintain for sixty (60) consecutive days, notices in
conspicuous places in its Fresno plant, setting forth the provisions
of Paragraph 1 of this Order and stating that the employees of
Respondent are free to join or assist Packing House Employees Union;
Local 19653, A. F. of L., and that such action on their part will not
affect their employment status with Respondent;
(d) Notify- the Regional Director for the Twentieth Region, in
writing, within twenty (20) days from the date of this Order, of the
steps taken by Respondent to comply herewith.