Armour & Co.

National Labor Relations Board - Board Decisions

Jun 25, 1946

69 N.L.R.B. 1 (N.L.R.B. 1946)

In the Matter of ARMOUR FERTILIZER WORKS, DIVISION OF ARMOUR &
COMPANY and LOCAL 207, INTERNATIONAL LONGSHOREMEN'S AND
WAREII OUSEMEN'S UNION, C. 1. 0.
Case No. 15-C-1114.-Decided June N5, 19/6
Mr. John H. Garver, for the Board.
Mr. Paul E. Blanchard, of Chicago, Ill., for the respondent.
Mr. C. J. Meske, of New Orleans, La., for the Union.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TILE CASE
Upon a charge duly filed on February 5, 1946, by Local 207, Inter-
national Longshoremen's and Warehousemen's Union, C. I. 0., herein
called the Union, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Fifteenth Region (New
Orleans, Louisiana), issued its amended complaint, dated May 11,
1946, against Armour Fertilizer Works, Division of Armour & Com-
pany, Shrewsbury, Jefferson Parish, Louisiana, herein called the re-
spondent, alleging that the respondent had engaged in and was engag-
ing in unfair labor practices affecting commerce, within the meaning
of Section 8 (1) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint, as amended, and notice of hearing thereon were duly served
upon the respondent and the Union.
With respect to the unfair labor practices, the complaint, as
amended, alleged in substance that the respondent from on or about
December 1, 1945, to the date of the amended complaint (1) urged, per-
suaded, threatened, and warned its employees to refrain from solicit-
ing on behalf of the Union during the employees' non-working time
on the respondent's premises and to refrain from distributing union
literature among employees during the employees' non-working time
on the parking lot and other non-working areas on the respondent's
premises; (2) advised and warned its employees that such solicitation
69 N. L R. B., No.1
701592-47-vc1 69--2 1
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on behalf of the Union or such distribution of union literature might
result in the discharge of employees engaging in such activities; (3)
prohibited union literature from being brought to its employees dur-
ing the employees' non-working time on the parking lot and other
non-working areas on the respondent's premises; (4) prohibited solici-
tation of union memberships and solicitation and collection of funds
in behalf of the Union among its employees on the respondent's
premises during non-working time; and (5) threatened, intimidated,
and warned its employees and their representatives that they would
be arrested if they continued to distribute union literature or solicit
in behalf of the Union during the employees' non-working time on
the parking lot and other non-working areas on the respondent's
premises. The complaint, as amended, further alleged that the re-
spondent engaged in the foregoing acts and conduct in order to dis-
courage, inhibit, limit, and prevent its employees from assisting and
supporting the Union, or receiving and disseminating information
concerning the Union and union activities, or fully and properly
carrying on union business and affairs, or engaging in other concerted
activities for the purposes of collective bargaining or other mutual aid
or protection; and that, by such acts and conduct, the respondent inter-
fered with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act. On May 11, 1946, the
respondent filed its amended answer in which it admitted the allega-
tions contained in the amended complaint.
On May 11, 1946, the respondent, the hnion, and the attorney for
the Board entered into a written stipulation which provided, among
other things, in substance (1) that the respondent expressly admits
and concedes the truth of all the allegations contained in the amended
complaint; (?) that the stipulation, together with the charge, the
pleadings, and the notice of hearing shall constitute the entire record
herein and may be admitted into evidence by filing them with the
Chief Trial Examiner, of the National Labor Relations Board; (3)
that the Board may make findings of fact and conclusions of law on
the basis of the stipulation and the admissions contained therein; (4)
that such findings of fact and conclusions of law, when made, will
sufficiently and fully support and justify the proposed Order of the
Board set forth in the stipulation; (5) that such Order of the Board,
when entered, shall have the same force and effect as if made after a
full hearing, presentation of evidence, and the making of findings
thereon; and (6) that all parties expressly waive the taking of testi-
mony or the submission of further evidence before a Trial Examiner
in this matter, the making of findings of fact and conclusions of law
by the Board, or any other or further procedure before the Board,
other than as provided for in the stipulation. The stipulation, to-
ARMOUR FERTILIZER WORKS c)
gether with the formal documents mentioned therein, having been
duly filed as provided therein, is hereby approved and made part of
the record.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
I
Armour Fertilizer Works, Division of Armour & Company, is an
Illinois corporation with its principal office at Atlanta, Georgia. It
operates manufacturing plants in various parts of the United States,
including a plant in Shrewsbury, Jefferson Parish, Louisiana, where
it is engaged in the manufacture, sale and distribution of sulphuric
acid, superphosphate, mixed fertilizers, and related products. The
respondent annually purchases approximately 50,000 tons of raw
materials for use in the manufacture of its products at its Shrewsbury
plant, of which in excess of 75 percent is secured from sources outside
the State of Louisiana. Of approximately 25,000 tons of products
that the respondent annually manufactures at its Shrewsbury plant,
it supplies, delivers, and transports in excess of 40 percent to points
outside the State of Louisiana.
The respondent admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 207, International Longshoremen's and Warehousemen's
Union, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the re-
spondent.
III. THE UNFAIR LABOR PRACTICES
From on or about December 1, 1945, to the date of the amended
complaint herein, the respondent urged , persuaded, threatened, and
warned its employees to refrain from solicitation on behalf of the
Union during the employees ' non-working time on the respondent's
premises and to refrain from distributing union literature among
employees during the employees ' non-working time on the parking
lot and other non-working areas on the respondent 's premises, and
advised and warned its employees that such solicitation on behalf
of the Union or such distribution of union literature might result
in the discharge of employees engaging in any such activity . During
the same period , the respondent prohibited union literature from
being brought to its employees during the employees' non-working
time on the parking lot and other non-working areas on the respond-
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ent's premises, prohibited solicitation of union memberships and
solicitation and collection of funds in behalf of the Union among its
employees on the respondent's premises during non-working time,
and threatened, intimidated, and warned its employees and their
representatives that they would be arrested if they continued to dis-
tribute union literature or solicit in behalf of the Union during the
employees' non-working time on the parking lot and other non-
w$rking areas on the respondent's premises. The respondent engaged
in each of the foregoing acts and the entire course of conduct in
order to discourage, inhibit, limit, and prevent its employees from
assisting and supporting the Union, or receiving and disseminating
information concerning the Union and union activities, or fully
and -properly carrying on union business and affairs, or engaging in
other concerted activities for the purposes of collective bargaining
or other mutual aid or protection. By each of the foregoing acts,
and the totality thereof, the respondent interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed
in Section 7 of the Act in violation of Section 8 (1) thereof.
We recognize the right of an employer to regulate the conduct of
his employees by such written or oral rules or instructions as are
reasonably necessary to safeguard production and to maintain proper
plant discipline.' However, absent such extenuating circumstances,
and none are shown here, restraints of the type imposed by the
respondent upon the employees' own freedom to engage in normal
union activities on the respondent's premises are per se violative of
the Act insofar as they are applicable to the employees' non-working
time inasmuch as such restraints unreasonably impede self-organiza-
tion of the employees 2
In addition to imposing restraints upon the employees' own union
activities, the respondent prohibited generally the bringing of union
literature to the employees during the employees' non-working time
on the parking lot and other non-working areas on the respondent's
premises and the solicitation of union memberships and solicitation
and collection of funds in behalf of the Union among the employees
on the respondent's premises during non-working time, and threat-
ened, intimidated, and warned employee representatives that they
would be arrested if they continued to distribute union literature
or solicit in behalf of the Union during the employees' non-working
time on the parking lot and other non-working areas on the re-
spondent's premises. The respondent imposed these general re-
straints, as well as those imposed upon the employees themselves,
1 See, for example, Matter of Peyton Packing Company, Inc., 49 N. L. R. B 828, enf d
as mod 142 F. (2d) 1009 (C. C. A. 5), certiorari denied 323 U S 730
2 Republic Aviation Corporation v N L. R B, 324 U S 793; N L R B v. Le Torn n eau
Company of Georga, 324 U. S 793.
ARMOUR FERTILIZER WORKS 5
-in order to prevent its employees from assisting and supporting the
Union, as more fully set forth hereinabove. We recognize the normal
right of an employer to exclude strangers from its premises. How-
ever, in the present case, the respondent excluded from its premises
persons other than employees, including union representatives, not
as a normal exercise of its rights as a property owner, or to protect
any other legitimate interest, but for the purpose of interfering
with the employees' right of self-organization. In view of such un-
lawful motive, we are of the opinion that the respondent's general
prohibitions and threats, referred to in this paragraph, constitute
unfair labor practices within the meaning of Section 8 (1) of the
Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find that the activities of the respondent set forth in Section
III, above, occurring in connection with the operations of the re-
spondent set forth in Section I, above, have a close, intimate, and
substantial relation to trade, traffic, and commerce among the sev-
eral States, and tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of commerce.
v. THE REMEDY
We have found that the respondent violated Section 8 (1) of the
Act by forbidding its employees to engage in solicitation on behalf
of the Union on the respondent's premises during their non-working
time and to distribute union literature on the parking lot and other
non-working areas of the respondent's premises during their non-
working time, by prohibiting the solicitation of union memberships
and the solicitation and collection of funds on behalf of the Union
among its employees on the respondent's premises during their non-
working time and the distribution of union literature among its
employees during their non-working time on the parking lot and
other non-working areas of the respondent's premises, by warning
and advising its employees that their participation in such activities
might result in their discharge, and by threatening its employees and
their representatives with arrest for the continuance of such
activities.
Upon the entire record, we infer and find that the respondent's
illegal activities referred to disclose a purpose to defeat self-organi-
zation and its objects and an attitude of opposition to the general
purposes of the Act.' Because of the respondent's unlawful conduct
and the underlying purposes manifested thereby, we are convinced
8In addition, the terns of our Ot der, hereinafter set forth, coincide with the terms of
the propo.ed Oider set forth in the stipulation of May 11, 1946.
6 DECISIONS OF NATTONAL LABOR RELATIONS BOARD
that the unfair labor practices found are persuasively related to the
unfair labor practices proscribed by the Act, and that danger of
commission in the future of any or all of the unfair labor practices
listed in the Act is to be anticipated from the respondent's conduct
in the past. The preventive purpose of the Act will be thwarted
unless our Order is coextensive with the threat.4 In order, therefore,
to make effective the interdependent guarantees of Section 7, to pre-
vent a recurrence of unfair labor practices, and thereby minimize
industrial strife which burdens and obstructs commerce, and thus
effectuate the policies of the Act, we shall order the respondent to
cease and desist not only from the unfair labor practices herein
found, but also from in any other manner interfering with, restrain-
ing, or coercing its employees in the exercise of the rights guaranteed
in Section 7 of the Act, and to take certain affirmative action de-
signed to effectuate the policies of the Act.
Upon the basis of the foregoing findings of fact, the stipulation,
and the entire record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Local 207, International Longshoremen's and Warehouse men's
Union, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the
respondent.
2. By interfering with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Act, the
respondent has engaged in and is engaging in unfair labor practices,
within the meaning of Section 8 (1) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the entire record in the case, including the stipulation, dated
May 11, 1946, and pursuant to Section 10 (c) of the National Labor
Relations Act, the National Labor Relations Board hereby orders
that the respondent, Armour Fertilizer Works, Division of Armour
R Company, Shrewsbury, Jefferson Parish, Louisiana, and its officers,
agents, successors, and assigns shall :
1. Cease and desist from :
(a) Threatening to take economic reprisals against its employees
because they engage in union activities and in soliciting among
respondent's employees on its property during the employees' nola-
° See N L R B v Express Publishsag Company, 312 U S. 426 , May Department
Stores Company ' N L R B, 326 U S 376
ARMOUR FERTILIZER WORKS 7
working time in behalf of Local 207, International Longshoremen's
and Warehousemen's Union, C. I. 0., or any other labor organization;
(b) Threatening to take economic reprisals against its employees
because they engage in distribution of union literature among em-
ployees during the employees' non-working time on the parking lot
or any other non-working area on the Company's premises;
(c) Prohibiting, preventing, and threatening to prevent, repre-
sentatives of the Union from bringing union literature to its em-
ployees and soliciting in behalf of Local 207, International Long-
shoremen's and Warehousemen's Union, C. I. 0., among its employees
during the employees' non-working time on the parking lot or any
other non-working area on the Company's premises;
(d) In any other manner interfering with, restraining, or coercing
its employees in the exercise of the right to self-organization, to form
labor organizations, to join or assist Local 207, International Long-
shoremen's and Warehousemen's Union, C. I. 0., or any other labor
organization, to bargain collectively with the representatives of their
own choosing, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection, as guaranteed
in Section 7 of the Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Rescind immediately its no-solicitation rule insofar as it pro-
hibits its employees from engaging in union solicitation on company
property during the employees' non-working time ;
(b) Rescind immediately the rule against distribution of literature
insofar as it prohibits distribution of union literature by employees
and representatives of Local 207. International Longshoremen's and
Warehousemen's Union, C. I. 0., or any other labor organization,
during the employees' non-working time, on the parking lot or any
other non-working area on the Company's premises;
(c) Post at its Shrewsbury plant copies of the notice attached
hereto, marked "Appendix A." Copies of said notice, to be furnished
by the Regional Director of the Fifteenth Region, shall, after being
duly signed by the respondent's representative, be posted by the re-
spondent, immediately upon receipt thereof, and maintained by it
for sixty (60) consecutive days thereafter, in conspicuous places,
including all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the respondent to insure
that said notices are not altered, defaced, or covered by other material;
(d) Notify the Regional Director for the Fifteenth Region (New
Orleans, Louisiana) in writing, within ten (10) (lays form the date
of this Order, the steps taken by the respondent to comply herewith.
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to an Order of the National Labor Reelations Board, and
in order to effectuate the policies of the National Labor Relations Act,
we hereby notify our employees that
WE WILL NOT threaten to take economic reprisals against
our employees because they engage in union activities or in solic-
iting among our employees on company property during the em-
ployees' non-working time in behalf of Local 207, International
Longshoremen's and Warehousemen's Union, C. I. 0., or any
other labor organization.
WE WILL NOT threaten to take economic reprisals against
our employees because they engage in distribution of union litera-
ture among our employees during the employees' non-working
time on the parking lot or any other non-working area on the
company's premises.
WE WILL NOT prohibit, prevent, or threaten to prevent, rep-
resentatives of the above-named union, or any other labor or-
ganization, from bringing union literature to our employees and
soliciting in behalf of the afore-mentioned union, or any other
labor organization, during the employees' non-working time on
the parking lot or any other non-working area on the company's
premises.
WE HEREBY RESCIND our no-solicitation rule insofar as
it prohibits our employees from engaging in union solicitation
on company property during their non-working time.
WE HEREBY RESCIND our no-distribution rule insofar as
it prohibits our employees or representatives of the above-named
union, or any other labor organization, from distributing union
literature to employees during the employees' non-working time
on the parking lot or any other non-working area on the com-
pany's premises.
All our employees' are free to become or remain members of the
above-named union or any other labor organization.
ARMOIIR FERTILIZER WORKS
DIVISION OF ARMOUR &, COMPANY,
New Orleans, Louisiana,
Employer.
By----------------------------------
Dated --------------------
(Representative ) ( Title)
This notice must remain posted for sixty (60) days from the date
hereof, and must not be altered, defaced, or covered by any other
material.