Vinton Produce Co.

National Labor Relations Board - Board Decisions

Sep 4, 1942

43 N.L.R.B. 949 (N.L.R.B. 1942)

In the Matter of MoRRIs S. WADLEY, MELISSA^W. CHILDS, W. B. LOUCKS,'
C. V. ROSENBERGER, MRS. C. V. ROSENEERGER, DOROTHY B. YUNDT,
C. J. BELGARDE,'FAY E. BELGARDE, J. J. YUNDT, AND L. E. WHITCOIIIB,
A CO-PARTNERSHIP, DOING BUSINESS AS VINTON PRODUCE COMPANY and
UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF
AMERICA, LOCAL 116, AFFILIATED WITH THE C . I. O.
Case NNo.'C-2299.Decided Seyte?"bei' 4,1942
Jurisdiction : poultry industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Harry Brownstein, for the Board. ,
Mr. 0. N. Elliott and Mr. V. C. Shuttleworth, of Cedar'Rapids, Iowa,
for the respondents.
Mr. Jack J. Fox, of Cedar Rapids, Iowa, for the Union.
161x. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEIIENT'OF THE CASE
Upon a second amended charge-duly filed by United Cannery, Agri-
cultural, Packing and'Allied Workers of America, Local 116, affiliated
with the C. I. 0., herein called the Union, the National Labor Relations
Board, herein -called the Board, by the Regional Director for the
Eighteenth Region (Minneapolis, Minnesota); issued its complaint
dated July 8, 1942, against Morris S. Wadley, Melissa W. Childs,
W. B. Loucks, C. V. Rosenberger, Mrs. C. V. Rosenberger, Dorothy B.
Yundt, C. J. Belgarde, Fay E. Belgarde, J. J. Yundt, and L. E. Whit-
comb, a co-partnership doing business at Vinton, Iowa, as Vinton
Produce Company, herein called the respondents, alleging that the
respondents had engaged and were engaging in unfair labor practices
affecting commerce, within the ii-leaning of Section 8 (1) ,and (3) and,,
Section 2 (G) and (7) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. Copies of the complaint and of notice of hearing
thereon were duly, served upon the respondents and the Union.
Concerning the unfair labor practices, the complaint alleged in
Substance: (1) that on specified dates during April 1942, the re
43 N L. R. B', No 166.
949
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sponclents discharged ' 6 named employees and thereafter refused to
reinstate them because they had joined and assisted the Union; (2)
that the respondents : ( a) warned and threatened employees with
discharge if they discussed the Union , -( b) questioned employees with
respect to their union membership and activity , ( c) instructed super-
visory employees not to employ members of the Union or of any
other labor organization and to discharge any employees who dis-
cusseclthe Union , (cl) engaged in surveillance of union meetings, (e)
harassed and intimidated union members , and (f) made statements
indicating their hostility to the Union and opposition to self-organiza-
tion among the employees ; ( 3), that, in consequence of the acts and
conduct set forth above, the respondents' employees went out on strike
on or about'April .,18,1942; ( 4) that after the-termination of the strike,
and on or about April 29 , 1942, the respondents refused upon request
to reinstate 33 of the striking employees because of their member-
ship in the Union and their concerted activities ; and (5 ) that, by the
above acts , the' respondents interfered with, restrained , and coerced
their employees in the exercise of the rights guaranteed in Section
7 of the Act. On July 18, 1942 , the respondents filed an answer
denying the unfair labor practices alleged in the complaint.
Pursuant to notice , a hearing was held on August 10 and 11 , 1942,
at Vinton , Iowa , before Will Maslow , the Trial Examiner duly
designated by the Chief Trial Examiner . The respondents, the
Union, and the Board were represented at and participated in the
hearing . During the course of the hearing , on August 11, 1942,
the respondents , the 'Union, and counsel for the Board entered' into
a stipulation in settlement of the case , subject to the approval of the
Board . ' This stipulation provides as follows:
THIS AGREEMENT made this 11th day of August, 1942, by and
among the following parties, MORRIS S. WADLEY, MELISSA W.
CHILDS, W. B. LoucKs , C. V. ROSENBERGER, MRS. C. V. ROSEN-
BERGER, DOROTHY B. YUNDT, C. J. BELGARDE, FAY E. BEL•GARDE,
J. X. YUNDT and L. E. WTITHCOMB , a co-partnership , doing busi-
,.ness as VINTON PRODUCE COMPANY , hereinafter referred to as
"The Employer", UNITED CANNERY, AGRICULTURAL, PACKING AND
ALLIED WORKERS OF AMERICA , LOCAL 116 , affiliated with the
C. I. 0., hereinafter referred to as "The Union", and HARRY
BROWNSTEIN , Attorney , National Labor Relations Board,
WITNESSETH :
A. Whereas, a second amended charge was duly filed by the
Union on July , 3d, 1942, with the Eighteenth Region of the
National Labor ' Relations Board , hereinafter referred - to as
"The Board"; -
MORRIS S. WADLEY 951'
B. Whereas, a complaint based upon said charge was duly-
issued by the Regional Director of the Board for the Eighteenth
Region on July, 8th, 1942; and
C. Whereas, pursuant to notice duly given, a hearing was duly
-colilmenced on August 10th before a Trial Examiner duly desig-
nated by the Chief Trial Examiner of the Board, and continued
thereafter;- and .
D. Whereas, the parties desire amicably to dispose of all the
issues in the above proceeding; and
E. Whereas, the employer specifically denies that it has vio-
lated the National Labor Relations Act, hereinafter referred
to as "The Act", or any other law of the land :
Now, TISEREFOnE, IT IS MUTUALLY AGIIEED as follows :
1. The parties agree that the statements set forth in Appendix
A are facts and agree that the Employer is subject to the jurisdic-
tion of the Board.
2. The Union is a labor organization with the meaning of Sec-
tion 2, Subsection 5, of the Act.
3. All parties hereto acknowledge due and timely service of the
Complaint, Notice of-Hearing, Order of Continuance, and Second
Amended Charge and Answer, and waive further pleadings, hear-'
ing, and waive proceedings by and before the Board, and the mak-
ing of findings of fact and conclusions of law by bile Board.
4. The Agreement of Settlement, together with the Second
Amended Charge, the Complaint, Notice of Hearing, proof of
service of the Complaint, Second Amended Charge, and Notice
of Hearing, the Motion for Extension of Time of Hearing, Order
of Continuance and proof of service thereof, Employer's Answer
to,Complaint and proof of service thereof, may be filed with the
Chief Trial Examiner of the Board at Washington, D. C., and
when so-filed, shall constitute the entire record in the case.
5. The parties agree to the entry by the Board,' without further
proceedings by or before the Board, of an order in substantially
the form set forth in Appendix B.2 _
6. The parties hereby consent to entry by an appropriate United
States Circuit Court of Appeals upon application by the Board
thereto of a decree enforcing the order of the Board in the terms
set forth above and waive their rights to contest the entry of such
decree, and further waive any and all requirements of notice of
filing of such application by the Board, providing that a copy
' Appendix A to the stipulation need not -here be reproduced The facts there stated
appear below in our findings under "The business of the respondents "
2Appendix B of,the stipulation appears herein as the Or-'ei set forth below'
952 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
of said decree shall be served upon the respondent after its entry.
7. The parties agree that nothing contained in this agreement
shall be deemed to admit or be evidence of a violation of the Act or
of any other law of the land by the Employer.
8. This agreement contains the entire understanding among,
the parties and there is no other oral agreement of any kind which
alters, adds to, or varies the terms of this agreement.
9. This entire Agreement is subject to the approval of the Board
and shall become effective immediately upon the granting of such
approval.
On August 22, 1942, the Board issued an order approving the stipu-
lation, making it a part of the record in the case, and, pursuant to
Article II, Section 36, of National Labor Relations Board Ruled and
Regulations-Series 2, as amended, transferring the proceeding to the
Board for the purpose of entry of a Decision and Order by the Board,
pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes'the following:
FINDINGS OF FACT
1. TFIE BUSINESS OF THE RESPONDENTS
Morris S. Wadley, Melissa W. Childs, W. B. Loucks, C. V. Rosen-
berger, Dirs. C. V. Rosenberger, Dorothy B. Yundt, C. J. Belgarde,
Fay E. Belgarde, J. J., Yundt, and L. E. Whitcomb are copartners
doing business as Vinton Produce Company. They are engaged at
Vinton, Iowa, in the purchase, processing, and sale of eggs, poultry,
feed, and other products and in the hatching and sale of poultry
chicks. During 1941, the respondents purchased feed, poultry, eggs,
cases, cans, and,related materials valued at approximately $1,250,000,
of which approximately 5 percent were obtained from States other
than the State of Iowa and transported in interstate commerce to the
respondents' plant at Vinton. During the same period, the respond-
ents sold,eggs, poultry, feed, chicks, and related products valued at
$1,350,000, of which approximately 99 percent were shipped from the
respondents' plant at Vinton, Iowa, to destinations outside the State
of Iowa. For the purpose of this proceeding, the respondents admit,
that they are engaged in commerce, within the meaning of the Act.
We find that the above 2described operations of the 'respondents
constitute a continuous flow of trade, traffic, and commerce among the
several States.
Q
MORRIS S. WADLEY 953
ORDER
Upon the basis of the above 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 Morris S. Wadley, Melissa W. Childs, W. B. Loucks, C. V.
Rosenberger, Mrs. C. V. Rosenberger, Dorothy B. Yundt, C. J. Bel-
garde, Fay E. Belgarde, J. J. Yundt, and L. E. Whitcomb, a co-part-
nership doing business as Vinton Produce Company, and their agents,
successors, and assigns : _
1. Shall not:
(a) Discourage membership in UNIrrD CANNERY, AGRICULTURAL,
PACKING AND ALLIED WORKERS of AMERICA, LocAL 116, affiliated'with
the C. I. 0., or in any other labor organization, of their employees, by
discrimination in regard to their hire or tenure of employment, or any
term or condition of employment ;
(b) In any other manner interfere with, restrain, or coerce'their
employees in the exercise of their rights to self-organization, to form,
join, or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing and to engage in concerted activities
for their mutual aid and protection as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action to effectuate the purposes
of the National Labor Relations Act:
(a) Offer immediate and full reinstatement to their former position
or employment without prejudice.to any rights or privileges previously
enjoyed, to 18 of the 36 employees listed in Appendix A hereto, in
accordance with, the following provisions :
(1) Reinstatement shall be to former positions, but if reduction of
work in any department or departments subsequent to April 18th,
1942, necessitates fewer employees in any such department or depart-
ments than there were employed in the week ending April 16th, 1942,
then in that event where work is so curtailed, employees may be so
reinstated in' another department or dep^irtments but at rates of pay
substantially equivalent to those formerly received by them in the
weekending April 16th, 1942, or at the rates of pay then prevailing
in such department, whicheveris higher, and for such hours of em-
ployment, if any, generally prevailing for employees, in such depart-
ment, and nothing herein shall require continuous employment and
employees reinstated hereunder shall be subject to lay-off, discharge for
cause, subsequent changes in rates of pay, and to regulations and con-%
ditions of employment applicable to employees generally.
(2) Offers of reinstatement shall be made by letter addressed to the
employees at the addresses listed along side of the names in Appendix
A hereto.
954 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(3) An offer of reinstatement, if not accepted within four days from
the receipt of the offer, shall be deemed a waiver of reinstatement and
said person's name shall be deemed stricken from Appendix A hereto.
(4) In the event that a person waives reinstatement, an offer of
reinstatement shall be made to another employee,listed in Appendix A
hereto, and so on, until 18 employees have been reinstated, or until
every employee listed in said Appendix A has been offered rein-
statement. -
(5) Nine employees shall be reinstated on or before August 24, 1942,
and an,additional nine employees on or before September 7, 1942.
(6), Three of the nine employees to be reinstated by August 24, 1942,
and two of the nine employees to be reinstated by September 7, 1942,
shall be selected, from the employees named in Appendix A hereto as
union officers.
(b) Pay each of the employees listed in Appendix A hereto the sum
of money listed opposite each name; -
(c) Establish a preferential hiring-list upon which shall be carried
all employees listed in Appendix A hereto, to whom reinstatement has
not been offered by September 7, 1942, and hire said employees to any
position thereafter vacant, formerly held by them, before any 'new
employee is hired;
(d) Post immediately upon entry of this Order by the National
Labor Relations Board and maintain for a period of at least sixty (60)
consecutive days from the date of posting in conspicuous places at the
respondents' place of business, in Vinton, Iowa, notices stating :
(1) That'the respondents will not engage in conduct from which
they are oidered to refrain in Paragraphs 1 (a)-and (b) of this Order;
(2) That the respondents will take the affirmative action set forth
in Paragraphs 2 (a).through (c), inclusive, of this Order; and
(3) That the respondents' employees are free to join or remain
members of UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED
WORKERS OF AMERICA, LOCAL 116, affiliated with the C. I. O., or any
other labor organization, and the respondents are indifferent as to
whether they join or do not join.
(e) Notify the Regional Director for the Eighteenth Region within
ten (10) days of the entry of this Order by the National I Labor Rela-
tions Board of the steps which the respondents have taken to comply
herewith. -
1128. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.
MORRIS S. WADLEY
APPENDIX-A
955
Name Address Union office, if any
Amoun
due
t
Charlotte Abernathy ----- c/o Mrs Hite, Vinton, Ia__________________ ------------------------
____Ezra Aiy 712 Tenth St , Vinton, Ia___ -------------- --------------------- ------_
G.orgc Aiy - -----------
Julia I ry ----------------
Vinton, Ia--------------------------------
712 Tenth St, Vinton, Ia_________________
Trustee_______________
------------------------ $95 84
____Diris Coots Mt A ubuin, Ia--------------------------- ------------------------__________
__Ali e Crisnian 907 East Ninth, Vinton, la -- ----------- -- Steward_______________ 95 84__________-
Jean Donley ----------- 406 East Washmeton, Mt Pleasant. Ia 95 84
A,L(irill onley----------- 406 East W\'ashington, btt Pleasant , Ia____ -------- ---------------
Grace bowler 911 East Eight St , Vinton, Ia_____________ Stewaid------------- - - 95 84
Faye Goodell __________
Mardenc Grimm
Vinton, Ia-------------------------------
Vinton Ia --------------------------------
------------------------I----- ----------------- -
95 84
Helen TIauser_____________
,
Urbana, Ia ----------------- Rec Sec______________ 95 84
Lul, a Mite-_____-_______ Vinton, Ia----------------------- ------------------=-----
Lee Knaack_------------- 405 West Second; Vinton; Ia______________ -----------------------
1\1 yron Iinaack___________
D,ro:hy Kubik -_-_______
Newhall, Ia ----_____'_____________________
Route 2, Vinton, Ia__________
Stewarn_______________
------------------------ 95 84
LaVern Langham_______ 1015 A Avenuo N. E , Cedar Rapids, Ia__ Trustee---------------
Ada Lyons ----- Vinton, Ia-- ----- ---------------------- ------------------------
Beulah M endenhal------- 1014 E Sixth St , Vinton, Ia-------- _ 95 84
A udene Paterson 915 E Eighth, Vinton, Ia__________ ------------------------ 95 84
Harold Paterson --------- 1012 Charleston St , Lincoln, N ebr________ -------------------------
Betty Primmer 401 E Eleventh St , Vinton, Ia___________ ------------------------ 95 84___________
Louis Sadlon ___________ Shellsburg,Ia- --------------- ----- --------- --------------------- 25 00
Harold Sehuldt___________ Belle Plante, Ia_________________-------- ------------------------
Harold Schultz___________ Vniton, Ia------------------------------ -------------------
___________Betty Struve Vinton, Is -- - ------------------------- --- ------------------------__
Eva Whitson------------- 511 W Third St , Vinton, Ia______________ Vice-Pres_____________ 95 84
Beulah Woodruff _______- Vinton,Is------------------------------- -1 ----------------------
95 84
Otto War then Ia -------------------Vinton ----------------------- -
____________
Coda Young--------------
,
Route 4-15th St and Eighth' Ave , ---------------------- 651 94
Vinton, Is.
Edith Crisman --------- -- 1117 E Fourth St , Vinton, Ia__ Financial Sec--______- 95 84
Dorothy Knaack_________ 405 W Second, Vinton , Ia____-___ Pres-- --------- -- ------ 95 84
Anita Langham___________ -1018 4 Ave , N E , Cedar Rapids, Ia_____ ------------------------ 95 84
Art Rime _____________ ,811 Thud St W., Vinton, Ia--------- v ---- ------------------------____
Betty Ratio RI I Third St W , Vinton, Ia______________ ---------------------- 95 84
Beulah Vest 202 Fifth Ave , Vinton, Ia_________________ Tiustee-------------- 95 84
Total -------------- I ------------ --------------------- I ----------------------- 1
1,750 12