Bercut-Richards Packing Co.

National Labor Relations Board - Board Decisions

Mar 29, 1940

22 N.L.R.B. 250 (N.L.R.B. 1940)

In the Matter of BERCUT-RICHARDS PACKING CO.; CALIFORNIA PROC-
ESSORS AND GROWERS, INC. and UNITED CANNERY, AGRICULTURAL,
PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA STATE
FEDERATION OF LABOR ; CANNERY WORERS UNION No. 20324, PARTIES
TO THE CONTRACTS
In the Matter of CALIFORNIA PACKING CORPORATION; CALIFORNIA
PROCESSORS AND GROWERS , INC. and UNITED CANNERY, AGRICUL-
TURAL , PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA
STATE FEDERATION OF LABOR; CANNERY WORKERS UNION No. 20324,
PARTIES TO THE CONTRACTS
In the Matter of LIBBY, MCNEILL & LIBBY ; CALIFORNIA PROCESSORS AND
GROWERS, INC. and UNITED CANNERY, AGRICULTURAL, PACKING AND
ALLIED WORKERS OF AMERICA and CALIFORNIA STATE FEDERATION
OF LABOR; CANNERY WORKERS UNION No. 20324, PARTIES TO THE
CONTRACTS
In the Matter of MOR-PAK PRESERVING CORPORATION; CALIFORNIA
PROCESSORS AND GROWERS, INC. and UNITED CANNERY, AGRICUL-
TURAL, PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA
STATE FEDERATION OF LABOR; CANNERY WORKERS UNION No. 20676,
PARTIES TO THE CONTRACTS
III the Matter of RICHMOND-CHASE COMPANY ; CALIFORNIA PROCES-
SORS AND GROWERS, INC. and UNITED CANNERY , AGRICULTURAL,
PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA STATE
FEDERATION OF LABOR ; CANNERY WORKERS UNION No. 20676, PARTIES
TO THE CONTRACTS
In the Matter of STOCKTON FOOD PRODUCTS INC. ; CALIFORNIA PROC-
ESSORS AND GROWERS, INC. and UNITED CANNERY, AGRICULTURAL,
PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA STATE
FEDERATION OF LABOR; CANNERY WORKERS UNION No. 20676, PARTIES
TO THE CONTRACTS
In the Matter of F. M. BALL AND COMPANY; CALIFORNIA PROCESSORS
AND GROWERS, INC. and UNITED CANNERY, AGRICULTURAL, PACKING
AND ALLIED WORKERS OF AMERICA and CALIFORNIA STATE FEDERA-
TION OF LABOR ; CANNERY WORKERS UNION No. 20905, PARTIES TO
THE CONTRACTS
22 N. L. R B., No 15.
250
BERCUT-RICHARDS PACKING CO. 251
In the Matter of CALIFORNIA CONSERVING COMPANY, INC. ; CALIFOR-
NIA PROCESSORS AND GROWERS , INC. and UNITED CANNERY, AGRI-
CULTURAL , PACKING AND ALLIED WORKERS OF AMERICA and CALI-
FORNIA STATE FEDERATION OF LABOR; CANNERY WORKERS UNION
No. 20843, PARTIES TO THE CONTRACTS
In the Matter Of CALIFORNIA PACKING CORPORATION ; CALIFORNIA
PROCESSORS AND GROWERS , INC. and UNITED CANNERY , AGRICUL-
TURAL, PACKING AND ALLIED WORKERS OF AMERICA and CALIFOR-
NIA STATE FEDERATION OF LABOR ; CANNERY WORKERS UNION No.
20905, PARTIES TO THE CONTRACTS
In the Matter of ELMHURST PACKERS, INC.; CALIFORNIA PROCESSORS
AND GROWERS , INC. and UNITED CANNERY, AGRICULTURAL , PACKING
AND ALLIED WORKERS OF AMERICA and CALIFORNIA STATE FEDERA-
TION OF LABOR; CANNERY WORKERS UNION No. 20905, PARTIES TO
THE CONTRACTS
In the Matter of FILICE AND PERRELLI CANNING COMPANY , INCOR-
PORATED ; CALIFORNIA PROCESSORS AND GROWERS, INC. and UNITED
CANNERY, AGRICULTURAL, PACKING AND ALLIED WORKERS OF AMER-
ICA and CALIFORNIA STATE FEDERATION OF LABOR; CANNERY
WORKERS UNION No. 20794, PARTIES TO THE CONTRACTS
In the Matter of H. J. HEINZ CORPORATION ; CALIFORNIA PROCESSORS
AND GROWERS , INC. and UNITED CANNERY, AGRICULTURAL , PACKING
AND ALLIED WORKERS OF AMERICA and CALIFORNIA STATE FEDERA-
TION OF LABOR; CANNERY WORKERS UNION No. 20905, PARTIES TO
THE CONTRACTS
In the Matter of HUNT BROTHERS PACKING COMPANY ; CALIFORNIA
PROCESSORS AND GROWERS, INC. aind UNITED CANNERY, AGRICUL-
TURAL, PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA
STATE FEDERATION OF LABOR; CANNERY WORKERS UNION No. 20843,
PARTIES TO THE CONTRACTS
In the Matter Of SANTA CRUZ FRUIT PACKING CO.; CALIFORNIA
PROCESSORS AND GROWERS, INC. and UNITED CANNERY, AGRICUL-
TURAL, PACKING AND ALLIED WORKERS OF AMERICA and CALIFORNIA
STATE FEDERATION OF LABOR; CANNERY WORKERS UNION No. 20905,
PARTIES TO TIIE CONTRACTS
Cases Nos. C-883 to C-886, inclusive, respectively, C-888 to C-890,
inclusive , respectively, and C-892 to C,-898, inclusive, respectively.-
Decided March 29, 1940
Fruit and Vegetable Canning Industry-Settlement : stipulations providing
for compliance with the Act-Order: entered on stipulations.
Mr. John T. McTernan and Mr. Jonathan H. Rowell, for the
Board.
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gladstein, Grossman cC Margolis, by Mr. Richard Gladstein, of
San Francisco, Calif., for the United.
Pillsbury, Madison and Sutro, by Mr. Eugene D. Bennett and Mr.
E. A. Mathews, of San Francisco, Calif., and Mr. J. Paul St. Sure,
of Oakland, Calif., for the respondents generally and for the re-
spondent association.
Mr. I. B. Padway, of San Francisco, Calif., Mr. Joseph A. Pad-
way, of Washington, D. C., Mr. A. H. Petersen, of Los Angeles,
Calif., Mr. Roland Watson, of San Francisco, Calif., and Mr. James
A. Glenn, of Coshocton, Ohio, for Cannery Workers' Union, Locals
No. 20324, 20843, 20905, 20794, and 20676, American Federation of
Labor.
Mr. Wendell P. Kay, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon second amended charges duly filed by United Cannery,
Agricultural, Packing and Allied Workers of America, herein called
the United, the National Labor Relations Board, herein called the
Board, by Alice M. Rosseter, Regional Director for the Twentieth
Region (San Francisco, California), issued its amended complaints 1
all dated September 25, 1939, against the following companies, re-
spectively, herein collectively called the respondents : Bercut-
Richards Packing Co., California Packing Corporation, and Libby,
McNeill & Libby, all of Sacramento, California; Mor-Pak Preserving
Corporation, Richmond-Chase Company, and Stockton Food Prod-
ucts, Inc., all of Stockton, California; F. M. Ball and Company,
Elmhurst Packers, Inc., and Santa Cruz Fruit Packing Co., all of
Oakland, California; California Conserving Company, Inc., and
Hunt Brothers Packing Company, of Hayward, California; Cali-
fornia Packing Corporation of San Leandro, Berkeley, and Oakland,
California; Filice and Perrelli Canning Company, Incorporated, of
Richmond, California ; and H. J. Heinz Corporation, of Berkeley,
1 On March 11 , 1938, the Board , through the Regional Director , issued complaints upon
charges by the United against the above-named respondents and against Packwell Cor-
poration , Stockton, California , and B . H. Body Company , Oakland, California , alleging
the occurrence of unfair labor practices , within the meaning of Section 8 ( 1) and (3)
and Section 2 (6) and ( 7) of the Act . Following a hearing on those complaints, held
during April , May, June, July, August , and September , 1938 , before a Trial Examiner
duly designated by the Board , the Board on June 5, 1939, issued an order setting aside
the record in the cases with the exception of the charges , the pleadings and the amend-
ments thereto, and directing that a new hearing be held. 13 N. L . R. B. 101.
BERCUT-RICHARDS PACKING Co. 253
California. California Processors and Growers, Inc., of San Fran-
cisco, California, herein called the respondent association, was joined
as a respondent in each of the complaints. Each of the amended
complaints alleged that the respective respondent and the respondent
association had engaged in and were engaging in unfair labor prac-
tices affecting commerce within the meaning 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. A copy of the respective amended
complaint and a notice of hearing were duly served upon each of the
respondents. Copies of all the amended complaints and notices of
hearing were also duly served upon the respondent association, upon
the United, and upon California State Federation of Labor, Cannery
Workers' Union, Locals No. 20324, 20676, 20905, 20843, and 20794,
labor organizations referred to herein collectively as the Federation.
Concerning the unfair labor practices, the complaint against the
respondent Bercut-Richards Packing Co., herein called Bercut,
alleged in substance that, (1) beginning on or about November 1,
1936, and continuing thereafter, the respondent cannery, the respond-
ent association, and 61 other California cannery operators, entered
upon mutual plans and courses of action for the purposes of com-
batting and interfering with self-organization and freedom of choice
of representatives by the employees of the respondent cannery and
the employees of the other cannery operators, and, through the Cali-
fornia State Federation of Labor, of organizing Cannery Workers'
Union No. 20324, as a labor organization controlled by and sub-
servient to the respondent cannery, to the respondent association
and said other cannery operators; (2) in furtherance of these plans
and courses of action, the respondent cannery and the respondent
association, during March, April, and May, 1937, urged, persuaded,
threatened, and warned the employees of the respondent cannery not
to form, join, or assist any labor organization, and during June 1937,
and thereafter, interfered with, influenced, controlled, and assisted
the organization and administration of Cannery Workers' Union No.
20324 by certain enumerated acts and practices, including the con-
tribution of financial support; (3) in furtherance of these plans and
courses of action the respondent association, on or about July 30,
1937, April 22, 1938, and April 4, 1939, entered into agreements with
the California State Federation of Labor by virtue of which the
employees of each of the individual member canneries of the respond-
ent association were, in effect, required to become and remain members
of labor organizations organized through the Federation, as stated
above, upon ratification of each of the agreements by the individual
members of the respondent association and the respective labor
organizations so organized, although the Federation was assisted by
254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the respondent cannery and the respondent association and was ^ not
at any time the representative of the employees of any of the indi-
vidual member canneries of the respondent association within the
meaning of the proviso of Section 8 (3) and of Section 9 (a) of the
Act; (4 ) after each of said dates the respondent cannery, as a mem-
ber of the respondent association, and Union No. 20324 ratified and
adopted each of the said agreements, thus effecting direct agreements
requiring the employees of the respondent cannery to become and
remain members of Cannery Workers' Union No. 20324, although
said union was established, maintained, and assisted by the respond-
ent cannery and the respondent association and was not at any time
the representative of the employees of the respondent cannery within
the meaning of the proviso of Section 8 (3) and of Section 9 (a) of
the Act; (5) by all of these acts, and each of them, the respondent
cannery, and the respondent association, interfered with, restrained,
and coerced their employees in the exercise of the rights guaranteed
in Section 7 of the Act; and (6) the agreements referred to above
constitute , culminate , and perpetuate continuing intimidation , inter-
ference, restraint , and coercion by the respondent cannery and the
respondent association in violation of Section 8 (1) and (3) of the
Act, and are therefore invalid, void, and of no effect. Aside from
the identity of the respondent cannery, the amended complaints
against Libby, McNeill & Libby and against California Packing
Corporation 2 were identical with the amended complaint against
Bercut.
The amended complaint against each of the other respondent can-
neries contained the same allegations concerning unfair labor prac-
tices as that against the respondent Bercut, with the following
variations and additions : the amended complaint issued against Elm-
hurst Packers, Inc., alleged in lieu of the allegations of paragraph
(1) above of the amended complaint against Bercut , in substance
that, the respondent cannery, the respondent association , and the said
other cannery operators entered upon mutual plans and courses of
action for the purposes of combatting and interfering with the free-
dom of choice by the employees of the respondent cannery of Cannery
Workers' Union , Federal Local No. 20099 , as their representative, and,
through the California State Federation of Labor, of organizing
Cannery Workers' Union No. 20905, as a labor organization controlled
by and subservient to the respondent cannery, to the respondent
association and said other cannery operators . The amended com-
plaints against Santa Cruz Fruit Packing Co. and Hunt Brothers
Packing Company departed from the complaint issued against Elm-
2 Case No. C-884.
BERCUT-RICHARDS PACKING Co. 255
hurst Packers, Inc. only in regard to the identity of the respondent
cannery, and, in the complaint issued against Hunt Brothers Packing
Company, in the substitution of Cannery Workers' Union No. 20843
for Cannery Workers' Union No. 20905. The amended complaint
against F. M. Ball and Company was the same as that issued against
Elmhurst Packers, Inc., with the additional allegation that on or
about March 5, 1937, and thereafter, the respondent cannery failed
or refused to rehire Mrs. Isabel Blasi because of her membership in,
activity on behalf of, or sympathy toward Union No. 20099.
The amended complaint against Mor-Pak Preserving Corporation
alleged by way of modification of the allegations stated in paragraph
(1) above of the amended complaint against Bercut, in substance
that, the respondent cannery, the respondent association and the said
other cannery operators entered upon mutual plans and courses of
action for the purposes of combatting and interfering with the free-
dom of choice by the employees of the respondent cannery of Agri-
cultural Workers' Union, Federal Local No. 20221, as their represent-
ative, and, through the California State Federation of Labor, of
organizing Cannery Workers' Union No. 20676, as a labor organiza-
tion controlled by and subservient to the respondent cannery, to the
respondent association and said other cannery operators. This
amended complaint further alleged, in substitution for the allega-
tions of paragraph (2) above of the amended complaint against
Bercut, that, in furtherance of these plans and courses of action, the
respondent cannery and the respondent association, during March
and April, 1937, urged, persuaded, threatened, and warned the em-
ployees of the respondent cannery not to form, join, or assist any
labor organization; refused to negotiate with Union No. 20221 con-
cerning a proposed agreement submitted by that organization on
April 10, 1937, which refusal to negotiate resulted in a strike by
Union No. 20221 against the respondent cannery on April 15, 1937;
and, during April and May, 1937, and thereafter, interfered with,
influenced, controlled, and assisted the organization and adminis-
tration of Cannery Workers' Union No. 20676 by certain enumer-
ated acts and practices, including the organization and control of
an employee group known as the Committee of Sixteen and the con-
tribution of financial support. The amended complaints issued
against Richmond-Chase Company and against Stockton Food Prod-
ucts, Inc., were identical with the amended complaint against Mor-
Pak Preserving Corporation except for the name of the respective
respondent cannery.
The amended complaint against California Conserving Company,
Inc. alleged by way of variation of the practices alleged in para-
graph (1) above of the amended complaint against Bercut, in sub-
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stance that, the respondent cannery, the respondent association, and
the said other cannery operators entered upon mutual plans and
courses of action for the purposes of combatting and interfering
with the freedom of choice by the employees of the respondent can-
nery of Cannery Workers' Union, Federal Local No. 20099, as their
representative, and, through the California State Federation of La-
bor, of organizing Cannery Workers' Union No. 20843, as a labor
organization controlled by and subservient to the respondent cannery,
to the respondent association and said other cannery operators. This
amended complaint further alleged, in substitution for the allegations
of paragraph (2) above of the amended complaint against Bercut,
that in furtherance of these plans and courses of action the respond-
ent cannery and the respondent association, during March, April,
May, and June, 1937, urged, persuaded, threatened, and warned the
employees of the respondent cannery not to form, join, or assist any
labor organization, including specifically Union No. 20099 and In-
ternational Longshoremen's Association ; during March and April,
1937, formed, organized, dominated, and controlled a labor organi-
zation known as the "Association of Employees, California Conserv-
ing Company"; refused to negotiate with Union No. 20099 and
International Longshoremen's Association concerning proposed agree-
ments submitted by those organizations on March 10, 1937, which
refusal to negotiate resulted in a joint strike by those organizations
against the respondent cannery on March 30, 1937; attempted to
break this strike by hiring other employees and by urging striking
employees to go back to work; during April, May, June, and July,
1937, and thereafter, interfered with, influenced, controlled, and as-
sisted the organization and administration of Cannery Workers'
Union No. 20843 by certain enumerated acts and practices, including
control of the Association of Employees and the contribution of
financial support; and, on or about June 30, 1937, and continuously
thereafter, refused or failed to rehire 24 named employees of the
respondent cannery because of their membership in, activity on be-
half of, or sympathy toward Union No. 20099, or because of their
'sympathy or suspected sympathy for the United.
. The amended complaint against California Packing Corporation S
alleged by way of modification of the allegations of paragraph (1)
above of the amended complaint against Bercut, in substance that,
the respondent cannery, 'the respondent association, and said other
cannery operators entered upon mutual plans and courses of action
for the purposes of combatting and interfering with the freedom
of choice by the employees of the respondent cannery of Cannery
Workers' Union, Federal Local No. 2099, 'as their representative, and,
3 Case No. C-893.
BERCUT-RICHARDS PACKING Co. 257
through the California State Federation of Labor, of organizing
Cannery Workers' Union No. 20905, as a labor organization con-
trolled by and subservient to the respondent cannery, to the respond-
ent association, and said other cannery operators. In lieu of para-
graph (2) of the amended complaint against Bercut as stated above,
this complaint alleged, in substance that, in furtherance of these
plans and courses of action, the respondent cannery and the respond-
ent association, during March and April, 1937, urged, persuaded,
threatened, and warned the employees of the respondent cannery
not to form, join, or assist any labor organization, including Union
No. 20099 and International Longshoremen's Association; as a con-
sequence of these acts and for the purpose of securing recognition
as representatives of the employees of the respondent and in sym-
pathy with another strike against the respondent cannery, Union No.
20099 and International Longshoremen's Association declared a joint
strike against the respondent cannery on March 30, 1937; during May,,
June, and July, 1937, and thereafter, the respondent cannery and
the respondent association interfered with, influenced, controlled,,
and assisted the organization and administration of Cannery Work-
ers' Union No. - 20905 by certain enumerated acts and practices,
including the contribution of financial support; and, on or about
July 1, 1937, and continuously thereafter; refused or failed to rehire
John Limpo, George Canete, and Aurora Hernandez, because of
their membership in, activity on behalf of, and sympathy toward
Union No. 20099.
The amended complaint against Filice and Perrelli Canning Com-
pany, Incorporated, alleged in variation of paragraph (1) above of
the amended complaint against Bercut, in substance that, the respond-
ent cannery, the respondent association and said other cannery oper-
ators entered into mutual plans and courses of action for the purposes
of combatting and interfering with the freedom of choice by the
employees of the respondent cannery of Cannery Workers' Union,
Federal Local No. 20099, as their representative, and, through the
California State Federation of Labor, of organizing Cannery
Workers' Union No. 20794, as a labor organization controlled by and
subservient to the respondent cannery, to the respondent association
and said other cannery operators. This complaint -further alleged,'
in substitution for the allegations set out in paragraph (2) above of
the amended complaint against Bercut, in substance that, in further-
ance of these plans and courses of action, the respondent cannery
and the respondent association, during March, April, May, and
June, 1937, urged, persuaded, threatened, and warned the employees
of the respondent cannery not to form, join, or assist any labor organ-
ization, including particularly Union No. 20099; during March,,
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
April, May, and June, 1937, the respondent cannery maintained sur-
veillance over and spied upon the activities of its employees in form-
ing, joining, and assisting Union No. 20099; during March, April,
and May, 1937, the respondent cannery and the respondent association
formed, organized, dominated, and controlled a labor organization
known as the Cannery Employees' Association; during March, April,
May, June, and July, 1937, and thereafter, interfered with, influ-
enced, controlled, and assisted the organization and administration
of Cannery Workers' Union No. 20794 by certain enumerated acts
and practices, including control of the Cannery Employees' Associa-
tion and the contribution of financial support ; and, on or about July
1, 1937, and continuously thereafter during the 1937 canning season,
refused or failed to rehire Stella Bowdich because of her refusal
to become a member of Union No. 20794 and because of her member-
ship in, activity in behalf of, or sympathy toward the United.
The amended complaint against H. J. Heinz Corporation alleged
in modification of the allegations in paragraph (1) above of the
amended complaint against Bercut, in, substance that, the respondent
cannery, the respondent association, and said other cannery operators
entered upon mutual plans and courses of action for the purposes of
combatting and interfering with the freedom of choice by the em-
ployees of the respondent cannery of Cannery Workers' Union, Fed-
eral Local No. 20099, as their representative, and, through the Cali-
fornia State Federation of Labor, of organizing Cannery Workers'
Union No. 20905, as a labor organization controlled by and subservient
to the respondent cannery, to the respondent association, and the
said other cannery operators. This complaint further alleged, in
variation of paragraph (2) above of the amended complaint against
Bercut, in substance that, in furtherance of these plans and courses
of action, the respondent cannery, during November and December,
1936, and January, February, and March, 1937, urged, persuaded,
threatened, and warned its employees not to form, join, or assist any
labor organization, particularly Union No. 20099; on or about
January 10, 1937, discharged or laid off William Vilhauer be-
cause of his membership in, activity on behalf of, or sympathy
toward Union No. 20099; refused or failed to negotiate directly
with Union No. 20099 concerning a proposed agreement
submitted by that organization on or about January 13,
1937, which refusal resulted in a strike by that organization
against the respondent cannery on January 26, 1937; and, the re-
spondent cannery and the respondent association, during February,
March, April, May, and June, 1937, and thereafter, interfered with,
influenced, controlled, and assisted the organization and administra-
tion of Cannery Workers' Union No. 20905 by certain enumerated
BERCUT-RICHARDS PACKING CO. 259
acts and practices, including the organization and control of an em-
ployee group known as the "Employees of H. J. Heinz Company"
and the contribution of financial support.
On October 19, 1939, the respondents and the respondent associa-
tion filed their answers to the complaints, admitting the execution
of the agreements, but denying that they had engaged in the alleged
unfair labor practices.
Pursuant to notice, a hearing was held on October 23, 24, 26, and
31, November 1, 2, 3, 8, 9, and 10, and December 13 and 15, 1939, at
San Francisco and Stockton, California, before James C. Batten, the
Trial Examiner duly designated by the Board. The respondents, the
respondent association, the Federation, the United, and the Board
were represented by counsel and participated in the hearing. On
November 8, 1939, during the hearing, the Federation filed its answer
to the complaints denying the allegations therein. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties.
At the hearing, during the presentation of the Board's case, various
stipulations and agreements were entered into by the parties therein
described in settlement of the cases. With respect to Case No. C-883
the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
Bercut-Richards Packing Co., California Processors and Growers,
Inc. ; the California State Federation of Labor and Cannery
Workers' Union Local No. 20324, A. F. of L., parties to the
contracts herein ; and John T. McTernan and Jonathan H.
Rowell, Attorneys for the National Labor Relations Board
herein, as follows
I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law by
the National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein
are not enforceable and not fully valid.
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III
1. United Cannery , Agricultural , Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision ( 5), of the National Labor Relations Act.
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision ( 5), of the
National Labor Relations Act.
3. Cannery Workers' Union , Local No. 20324 , A. F. of L., is
a labor organization within the meaning of Section 2 , Subdi-
vision (5 ), of the National Labor Relations Act.
4. California Processors and Growers , Inc., is an employer
within the meaning of Section 2, subdivisions ( 1) and (2) of the
National Labor Relations Act.
IV
Respondents, Bercut-Richards Packing Co. and California
Processors and Growers, Inc., join in this stipulation upon con-
dition that their consents to the making of the Order hereinafter
described and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute
or be considered an admission and that the making, certification
or filing of the Order or the Order itself shall not constitute or
be considered a finding or adjudication that the respondents, or
either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything re-
quired by said Act; and such consents are given upon the further
condition that the Order hereinafter described shall fully and
finally dispose of all issues raised by the pleadings herein, so
that none of the acts alleged in said pleadings to have been done
or committed heretofore by respondents, or either or any of them,
in violation of the National Labor Relations Act, shall here-
after be the basis of any complaint or proceedings by the Na-
tional Labor Relations Board against or involving respondents,
or either or any of them, or shall be alleged or found by the
National Labor Relations Board to be violations of the National
Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
BERCUT-RICHARDS PACKING CO. 261
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the
Order itself, shall not constitute or be considered an adjudication
that the respondents, or either or any of them, have in fact
violated the National Labor Relations Act; and basing this
Order upon said Stipulation, the findings above set forth and
all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that :
1. Respondent, Bercut-Richards Packing Co., its officers and
agents, successors and assigns,* shall cease and desist from:
(a) Discouraging or encouraging membership in any
labor organization of its employees, by discharging or re-
fusing to reinstate any of said employees, or in any manner
discriminating with respect to their hire or tenure of em-
ployment or any term or condition thereof because or on
account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge
if they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto ;
(d) In any manner interfering with, restraining or co-
ercing its employees in their right to self-organization, to
form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and
to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations
Act.
2. Respondent, Bercut-Richards Packing Co., its officers and
agents, successors and assigns, shall take the following affirma-
*The words "successors and assigns ," whenever appearing in this Order , shall not include
bona fide purchasers or transferees of respondents , or either or any of them , where a
substantial change of ownership and control occurs
283033-41-vol. 22-18
262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive action to effectuate the policies of the National Labor
Relations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any
of them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join, assist or participate
in any labor organization;
(b) Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Sacramento, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Re-
gion within ten (10) days the steps respondent has taken to
comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whe..her individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Cannery
Workers' Union Local No. 20324, A. F. of L., and California
Processors and Growers, Inc., and Bercut-Richards Packing Co.
and nothing in this Order shall impose upon Bercut-Richards
Packing Co. or the California Processors and Growers, Inc., any
obligation, restriction, liability or disability, whether affecting
their right to enter into collective bargaining contracts with any
representatives of their employees as provided in the National
Labor Relations Act, as construed from time to time by Courts
of competent jurisdiction, or any other right, or otherwise, ex-
cept as provided in the National Labor Relations Act, or in the
event of any amendment of said Act, then as provided in said
Act as amended.
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full
BERCUT-RICHARDS PACKING CO. 263
the said Order of the National Labor Relations Board, and each
of the parties hereto hereby consents to the making and entry
of such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval -of the National Labor Relations Board
and shall take effect upon its approval by said Board.
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
With respect to Case No. C-884 the stipulation provides. as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
CALIFORNIA PACKING CORPORATION (for its Sacramento Plant #12
only), California Processors and Growers, Inc.; the California
State Federation of Labor and Cannery Workers' Union Local
No. 20324, A. F. of L., parties to the contracts herein; and John
T. MeTernan and Jonathan H. Rowell, Attorneys for the Na-
tional Labor Relations Board herein, as follows :
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego any
claim that the Order and the Decree provided for herein are not
enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a. labor organization within the meaning of Sec-
tion 2, subdivision (5) of, the National Labor Relations Act.
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. California State Federation of Labor is a labor organization
within the meaning of Section 2, subdivision (5), of the National
Labor Relations Act.
3. Cannery `Yorkers' Union, Local No. 20324, A. F. of L., is a
labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of the
National Labor Relations Act.
IV
Respondents, CALIFORNIA PACKING CORPORATION and California
Processors and Growers, Inc., join in this stipulation upon con-
dition that their consents to the making of the Order hereinafter
described and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute or
be considered an admission and that the making, certification- or
filing of the Order or the Order itself shall not constitute or be
considered a finding or adjudication that the respondents, or
either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything required
by said Act; and such consents are given upon the further con-
dition that the Order hereinafter described shall fully and finally
dispose of all issues raised by the pleadings herein, so that none
of the acts alleged in said pleadings to have been clone or com-
mitted heretofore by respondents, or either or any of them, in
violation of the National Labor Relations Act, shall hereafter
be the basis of any complaint or proceedings by the National
Labor Relations Board against or involving respondents, or
either or any of them, or shall be alleged or found by the Na-
tional Labor Relations Board to be violations of the National
Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the
Order itself, shall not constitute or be considered an adjudication
that the respondents, or either or any of them, have in fact vio-
BERCUT-RICHARDS PACKING CO. 265
lated the National Labor Relations Act; and basing this Order
upon said Stipulation, the findings above set forth and all stip-
ulations appearing in the record herein, and upon the entire
record herein, (except evidence), and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. Respondent, CALIFORNIA PACKING CORPORATIoN as to its Sac-
ramento plant No. 12, its officers and agents, successors and as-
signs,* shall cease and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing
to reinstate any of said employees, or in any manner discrim-
inating with respect to their hire or tenure of employment
or any term or condition thereof because or on account of
their membership in, activity on behalf of or sympathy
toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees
to join or not to join any labor organization of said em-
ployees, or threatening said employees with discharge if they
join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto;
(d) In any manner interfering with, restraining or co-
ercing its employees in their right to self-organization, to
form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and
to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations
Act.
2. Respondent, CALIFORNIA PACKING CORPORATION, its officers
and agents, successors and assigns, shall take the following affirm-
ative action to effectuate the policies of the National Labor
Relations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any of
then, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join, assist or partici-
pate in any labor organization;
'The words "successors and assigns ," whenever appealing in this Order, shall not include
bona fide purchasers or transferees of respondents , or either or any of them, where a
substantial change of ownership and control occurs.
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above ;
(c) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Sacramento, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Re-
gion within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Can-
nery Workers' Union Local No. 20324, A. F. of L., and California
Processors and Growers, Inc., and CALIFORNIA PACKING CORPORA-
TION and nothing in this Order shall impose upon CALIFORNIA
PACKING CORPORATION or the California Processors and Growers,
Inc., any obligation, restriction, liability or disability, whether
affecting their right to enter into collective bargaining contracts
with any representatives of their employees as provided in the
National Labor Relations Act, as construed from time to time
by Courts of competent jurisdiction, or any other right, or other-
wise, except as provided in the National Labor Relations Act,
or in the event of any amendment of said Act, then as provided
in said Act as amended.
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a -decree by said Court enforcing in full
the said Order of the National Labor Relations Board, and each
of the parties hereto hereby consents to the making and entry
of such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
BERCUT-RICHARDS PACKING CO. 267
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto , as recited above and as their signatures
appear below is contained within the terms of this Stipulation,
and there is no agreement , verbal or otherwise , of any nature
which varies , alters or adds to this Stipulation.
With respect to Case No. C-885 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
LIBBY, MONEILL & LIBBY (for its plant in Sacramento only),
California Processors and Growers, Inc.; the California State
Federation of Labor and Cannery Workers' Union Local No.
20324, A. F. of L., parties to the contracts herein; and John T.
McTernan and Jonathan H. Rowell , Attorneys for the National
Labor Relations Board herein , as follows :
I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law
by the National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof , all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision ( 5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2 , subdivision ( 5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20324, A. F. of L., is a
labor organization within the meaning of Section 2 , Subdivision
( 5), of the National Labor Relations Act.
4. California Processors and Growers , Inc., is an employer
within the meaning of Section 2 , subdivisions (1) and (2) of
the National Labor Relations Act.
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV
Respondents, LIBBY, McNEILL & LIBBY and California Proces-
sors and Growers, Inc., join in this stipulation upon condition
that their consents to the making of the Order hereinafter de-
scribed and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute or
be considered an admission and that the making, certification or
filing of the Order or the Order itself shall not constitute or be
considered a finding or adjudication that the respondents, or
either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything required
by said Act; and such consents are given upon the further con-
dition that the Order hereinafter described shall fully and finally
dispose of all issues raised by the pleadings herein, so that none
of the acts alleged in said pleadings to have been done or com-
mitted heretofore by respondents, or either or any of them, in
violation of the National Labor Relations Act, shall hereafter be
the basis of any complaint or proceedings by the National Labor
Relations Board against or involving respondents, or either or
any of them, or shall be alleged or found by the National Labor
Relations Board to be violations of the National Labor Relations
Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all
issues raised by the pleadings herein, as set forth in said Stipu-
lation ; and upon condition that their consent to the snaking of
this Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the Order
itself, shall not constitute or be considered an adjudication that
the respondents, or either or any of them, have in fact violated
the National Labor Relations Act; and basing this Order upon
said Stipulation, the findings above set forth and all stipulations
appearing in the record herein, and upon the entire record herein,
(except evidence), and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that:
1. Respondent, LIBBY, McNEILL & LIBBY, its officers and agents,
successors and assigns,* shall cease and desist from :
*The words " successors and assigns ," ayhenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING Co. 269
(a) Discouraging or encouraging membership in any
labor organization of its employees, by discharging or re-
fusing to reinstate any of said employees, or in any manner
discriminating with respect to their hire or tenure of em-
ployment or any term or condition thereof because or on
account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any, labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto ;
(d) In any manner interfering with, restraining or coercing
its employees in 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 activities for the purposes of collective bargaining
or other mutual aid or protection as guaranteed in Section
7 of the National Labor Relations Act.
2. Respondent, LIBBY, MGNEILL & LIBBY, its officers and agents,
successors and assigns, shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act:
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any of
them, or in any manner influence or attempt to influence said
employees to form, join, assist or participate in any labor
organization, or not to form, join, assist or participate in
any labor organization;
(b) Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Sacramento, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Re-
gion within ten (10) days the steps respondent has taken to
comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Can-
nery Workers' Union Local No. 20324, A. F. of L., and California
Processors and Growers, Inc., and LIBBY, McNEILL & LIBBY and
nothing in this Order shall impose upon LIBBY, McNEILL & LIBBY
or the California Processors and Growers, Inc., any obligation,
restriction, liability or disability, whether affecting their right
to enter into collective bargaining contracts with any representa-
tives of their employees as provided in, the National Labor Rela-
tions Act, as construed from time to time by Courts of competent
jurisdiction, or any other right, or otherwise, except as provided
in the National Labor Relations Act, or in the event of any
amendment of said Act, then as provided in said Act as amended.
VI
It is further stipulated and agreed that after the making by the
Board of its Order as hereinabove provided, there may be made
and entered in the United States Circuit Court of Appeals for
the Ninth Circuit a decree by said Court enforcing in full the
said Order of the National Labor Relations Board, and each of
the parties hereto hereby consents to the making and entry of
such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
With respect to Case No. C-886 the stipulation provided as
follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
MOR-PAK PRESERVING CORPORATION, California Processors and
Growers, Inc. ; the California State Federation of Labor and
Cannery Workers' Union Local No. 20676, A. F. of L., parties
BERCUT-RICHARDS PACKING CO. 271
to the contracts herein; and John T. McTernan and Jonathan
H. Rowell, Attorneys for the National Labor Relations Board
herein, as follows :
I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law
by the National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organization
within the meaning of Section 2, subdivision (5), of the National
Labor Relations Act.
3. Cannery Workers' Union, Local No. 20676, A. F. of L., is
a labor organization within the meaning of Section 2, Sub-
division (5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of
the National Labor Relations Act.
IV
Respondents, MOR-PAK PRESERVING CORPORATION and Califor-
nia Processors and Growers, Inc., join in this stipulation upon
condition that their consents to the making of the Order here-
inafter described and to the certification and filing in Court of
the sane are upon the condition that such consents shall not
constitute or be considered an admission and that the making,
certification or filing of the Order or the Order itself shall not
constitute or be considered a finding or adjudication that the
respondents, or either or any of them, have done anything in
violation of the National Labor Relations Act or omitted to do
anything required by said Act; and such consents are given upon
the further 'condition that the Order hereinafter described shall
272 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
fully and finally dispose of all issues raised by the pleadings
herein, so that none of the acts alleged in said pleadings to have
been done or committed heretofore by respondents, or either or
any of them, in violation of the National Labor Relations Act,
shall hereafter be the basis of any complaint or proceedings by
the National Labor Relations Board against or involving re-
spondents, or either or any of them, or shall be alleged or found
by the National Labor Relations Board to be violations of the
National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940, and made a part of the
record herein and as a full and final disposition of all issues
raised by the pleadings, herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the
Order itself, shall not constitute or be considered an adjudication
that the respondents, or either or any of them, have in fact
violated the National Labor Relations Act; and basing this Order
upon said Stipulation, the findings above set forth and all stip-
ulations appearing in the record herein, and upon the entire
record herein, (except evidence), and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. Respondent, 1MOR-PAK PRESERVING CORPORATION, its officers
and agents, successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any
labor organization of its employees, by discharging or re-
fusing to reinstate any of said employees, or in any manner
discriminating with respect to their hire or tenure of em-
ployment or any term or condition thereof because or on
account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
*The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING CO. 273
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto ;
(d) In any manner interfering with, restraining or co-
ercing its employees in their right to self-organization, to
form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and
to engage in concerted activities for the purposes of collec-
tive bargaining or other mutual aid or protection as guar-
anteed in Section 7 of the National Labor Relations Act.
2. Respondent, MOR-PAK PRESERVING CORPORATION, its officers
and agents, successors and assigns, shall take the following af-
firmatiVe action to effectuate the policies of the National Labor
Relations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any
of them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join; assist or partici-
pate in any labor organization;
(b) Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of
this Order to and including August 15, 1940, at a con-
spicuous place in each department of its plant at Stockton,
notices containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Re-
gion within ten (10) days the steps respondent has taken to
comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph
1 hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Can-
nery Workers' Union Local No. 20676, A. F. of L., and Califor-
nia Processors and Growers, Inc., and MOR-PAK PRESERVING
CORPORATION and nothing in this Order shall impose upon MoR-
PAK PRESERVING CORPORATION or the California Processors and
Growers, Inc., any obligation, restriction, liability or disability,
whether affecting their right to enter into collective bargaining
contracts with any representatives of their employees as pro-
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vided in the National Labor Relations Act, as construed from
time to time by Courts of competent jurisdiction, or any other
right, or otherwise, except as provided in the National Labor
Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full
the said Order of the National Labor Relations Board, and each
of the parties hereto hereby consents to the making and entry
of such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take.effect upon its approval by said Board.
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signa-
tures appear below is contained within the terms of this Stipu-
lation, and there is no agreement, verbal or otherwise, of any
nature which varies, alters or adds to this Stipulation.
With respect to Case No. C-888 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
RICHMOND-CHASE COMPANY (for its Stockton Plant only), Cali-
fornia Processors and Growers, Inc.; the California State Fed-
eration of Labor and Cannery Workers' Union Local No. 20676,
A. F. of L., parties to the contracts herein; and John T. McTer-
nan and Jonathan H. Rowell, Attorneys for the National Labor
Relations Board herein, as follows :
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
BERCUT-RICHARDS PACKING Co.
II
275
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein
are not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision ( 5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision ( 5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20676, A. F. of L., is
a labor organization within the meaning of Section 2, Sub-
division (5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of the
National Labor Relations Act.
IV
Respondents , RICHMOND - CHASE COMPANY and California
Processors and Growers, Inc., join in this stipulation upon condi-
tion that their consents to the making of the Order hereinafter
described and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute
or be considered an admission and that the making, certification
or filing of the Order or the Order itself shall not constitute or
be considered a finding or adjudication that the respondents,
or either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything re-
quired by said Act; and such consents are given upon the further
condition that the Order hereinafter described shall fully and
finally dispose of all issues raised by the pleadings herein, so
that none of the acts alleged in said pleadings to have been done
or committed heretofore by respondents, or either or any of them
in violation of the National Labor Relations Act, shall hereafter
be the basis of any complaint or proceedings by the National
Labor Relations Board against or involving respondents, or
either or any of them , or shall be alleged or found by the Na-
tional Labor Relations Board to be violations of the National
Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
276 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the Order
itself, shall not constitute or be considered an adjudication that
the respondents, or either or any of them, have in fact violated
the National Labor Relations Act; and basing this Order upon
said Stipulation, the findings above set forth and all stipulations
appearing in the record herein, and upon the entire record
herein, (except evidence), and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations
Board hereby orders that:
1. Respondent, RICHMOND-CHASE COMPANY, its officers and
agents, successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to
reinstate any of said employees, or in any manner dis-
criminating with respect to their hire or tenure of employ-
ment or any term or condition thereof because or on account
of their membership in, activity on behalf of or sympathy
toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering- with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto;
(d) In any manner interfering with, restraining or
coercing its employees in their right to self-organization,
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 bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations
Act.
2. Respondent, RICHMOND-CHASE COMPANY, its officers and
agents, successors and assigns, shall take the following affirma-
*The words " successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING CO . 277
tive action to effectuate the policies of the National Labor
Relations Act:
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any
of them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join, assist or participate
in any labor organization;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Stockton, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth
Region within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
-officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph
1 hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Cannery
Workers' Union Local No. 20676, A. F. of L., and California
Processors and Growers, Inc., and RICHMOND-CHASE COMPANY
and nothing in this Order shall impose upon RICHMOND-CHASE
COMPANY or the California Processors and Growers, Inc., any
,obligation, restriction, liability or disability, whether affecting
their right to enter into collective, bargaining contracts with
any representatives of their employees as provided in the
National Labor Relations Act, as construed from time to time
by Courts of competent jurisdiction, or any other right, or
otherwise, except as provided in the National Labor Relations
Act, or in the event of any amendment of said Act, then as
provided in said Act as amended.
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full the
281033-41-vol 22-19
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-said Order of the National Labor Relations Board, and each of
the parties hereto hereby consents to the making and entry of
such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signa-
tures appear below is contained within the terms of this Stipula-
tion, and there is no agreement, verbal or otherwise, of any
nature which varies, alters or adds to this Stipulation.
With respect to Case No. C-889 the stipulations provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
Stockton Food Products, Inc., California Processors and Growers,
Inc. ; the California State Federation of Labor and Cannery
Workers' Union Local No. 20676, A. F. of L., parties to the con-
tracts herein; and John T. McTernan and Johnathan H. Rowell,
Attorneys for the National Labor Relations Board herein, as
follows :
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
0
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision (5) of the National Labor Relations Act.
BERCUT-RICHARDS PACKING Co. 279
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision (5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20676, A. F. of L., is a
labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers,. Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of
the National Labor Relations Act.
IV
Respondents, Stockton Food Products, Inc. and California
Processors and Growers, Inc., join in this stipulation upon condi-
tion that their consents to the making of the Order hereinafter
described and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute or be
considered an admission and that the making, certification or
filing of the Order or the Order itself shall not constitute or be
considered a finding or adjudication that the respondents, or
either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything required
by said Act; and such consents are given upon the further condi-
tion that the Order hereinafter described shall fully and finally
dispose of all issues raised by the pleadings herein, so that none
of the acts alleged in said pleadings to have been done or com-
mitted heretofore by respondents, or either or any of them, in
violation of the National Labor Relations Act, shall hereafter be
the basis of any complaint or proceedings by the National Labor
Relations Board against or involving respondents, or either or
any of them, or shall be alleged or found by the National Labor
Relations Board to be violations of the National Labor Relations
Act.
V
An order may forthwith be entered by said Board as follows:
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this Order
shall not constitute or be considered an admission, and that the
making, certification or filing of this Order, or the Order itself,
shall not constitute or be considered an adjudication that the
respondents, or either or any of them, have in fact violated the
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Act; and basing this Order upon said
Stipulation, the findings above set forth and all stipulations ap-
pearing in the record herein, and upon the entire record herein,
(except evidence), and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that:
1. Respondent, Stockton Food Products, Inc., its officers and
agents, successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any
labor organization of its employees, by discharging or re-
fusing to reinstate any of said employees, or in any manner
discriminating with respect to their hire or tenure of
employment or any term or condition thereof because or
on account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto;
(d) In any manner interfering with, restraining or co-
ercing its employees in their right to self-organization, to
form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and
to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations
Act.
2. Respondent, Stockton Food Products, Inc., its officers and
agents, successors and assigns, shall take the following affirma-
tive action to effectuate the policies of the National Labor Re-
lations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any of
them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join, assist or partici-
pate in any labor organization;
The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownershiD and control occurs.
BERCUT-RICHARDS PACKING Co. 281
(b) -Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of
this Order to and including August 15, 1940, at a conspicu-
ous place in each department of its plant at Stockton, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth
Region within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and de-
sist from engaging in any of the activities set forth in Paragraph
1 hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Work-
ers' Union Local No. 20676, A. F. of L., and California Processors
and Growers, Inc., and Stockton Food Products, Inc. and
nothing in this Order shall impose upon Stockton Food Products,
Inc. or the California Processors and Growers, Inc., any obliga-
tion, restriction, liability or disability, whether affecting their
right to enter into collective bargaining contracts with any repre-
sentatives of their employees as provided in the National Labor
Relations Act, as construed from time to time by Courts of com-
petent jurisdiction, or any other right, or otherwise, except as
provided in the National Labor Relations Act, or in the event of
any amendment of said Act, then as provided in said Act as
amended.
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full
the said Order of the National Labor Relations Board, and each
of the parties hereto hereby consents to the making and entry
of such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
With respect to Case No. C-890 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
F. M. Ball and Company, California Processors and Growers,
Inc.; the California State Federation of Labor and Cannery
Workers' Union Local No. 20905, A. F. of L., parties to the con-
tracts herein; and John T. McTernan and Jonathan H. Rowell,
Attorneys for the National Labor Relations Board herein, as
follows :
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organization
within the meaning of Section 2, subdivision (5), of the National
Labor Relations Act.
3. Cannery Workers' Union, Local No. 20905, A. F. of L., is a
labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer with-
in the meaning of Section 2, subdivisions •(1) and (2) of the
National Labor Relations Act.
BERCUT-RICHARDS PACKING CO.
IV
283
Respondents, F. M. Ball and Company and California Proc-
essors and Growers, Inc., join in this stipulation upon condition
that their consents to the making of the Order hereinafter de-
scribed and to the certification and filing in Court of the same are
upon the condition that such consents shall not constitute or be
considered an admission and that the making, certification or filing
of the Order or the Order itself shall not constitute or be consid-
ered a finding or adjudication that the respondents, or either or
any of them, have done anything in violation of the National
Labor Relations Act or omitted to do anything required by said
Act; and such consents are given upon the further condition that
the Order hereinafter described shall fully and finally dispose of
all issues raised by the pleadings herein, so that none of the acts
alleged in said pleadings to have been done or committed hereto-
fore by respondents, or either or any of them, in violation of the
National Labor Relations Act, shall hereafter be the basis of any
complaint or proceedings by the National Labor Relations Board
against or involving respondents, or either or any of them, or shall
be alleged or found by the National Labor Relations Board to be
violations of the National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that cer-
tain Stipulation dated January 3, 1940 and made a part of the
record herein and as a full and final disposition of all issues raised
by the pleadings herein, as set forth in said Stipulation; and upon
condition that their consent to the making of this Order shall
not constitute or be considered an admission, and that the making,
certification or filing of this Order, or the Order itself, shall not
constitute or be considered an adjudication that the respondents,
or either or any of them, have in fact violated the National Labor
Relations Act; and basing this Order upon said Stipulation, the
findings above set forth and all stipulations appearing in the rec-
ord herein, and upon the entire record herein, (except evidence),
and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that :
1. Respondent, F. M. Ball and Company, its officers and agents,
successors and assigns,* shall cease and desist from :
The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to
reinstate any of said employees, or in any manner discrimi-
nating with respect to their hire or tenure of employment or
any term or condition thereof because or on account of their
membership in, activity on behalf of or sympathy toward any
such labor organization;
(b) Urging, persuading, warning or coercing its employees
to join or not to join any labor organization of said employees,
or threatening said employees with discharge if they join or
fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing finan-
cial or other, support thereto;
(d) In any manner interfering with, restraining or coerc-
ing its employees in 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 activities for the purposes of collective bargain-
ing or other mutual aid or protection as guaranteed in Section
7 of the National Labor Relations Act.
2. Respondent, F. M. Ball and Company, its officers and agents,
successors and assigns, shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act:
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any of
them, or in any manner influence or attempt to influence said
employees to form, join, assist or participate in any labor
organization, or not to form, join, assist or participate in any
labor organization;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Oakland, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Region
within ten (10) days the steps respondent has taken to comply
with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph I
hereof, whether individually or in a representative capacity.
BERCUT-RICHARDS PACKING CO. 285
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Cannery
Workers' Union Local No. 20905, A. F. of L., and California
Processors and Growers, Inc., and F. M. Ball and Company and
nothing in this Order shall impose upon F. M. Ball and Company
or the California Processors and Growers, Inc., any obligation,
restriction, liability or disability, whether affecting their right to
enter into collective bargaining contracts with any representatives
of their employees as provided in the National Labor Relations
Act, as construed from time to time by Courts of competent juris-
diction, or any other right, or otherwise, except as provided in the
National Labor Relations Act, or in the event of any amendment
of said Act, then as provided in said Act as amended.
VI
It is further stipulated and agreed that after the making by the
Board of its Order as hereinabove provided, there may be made
and entered in the United States Circuit Court of Appeals, for
the Ninth Circuit a decree by said Court enforcing in full the, said
Order of the National Labor Relations Board, and each of the
parties hereto hereby consents to the making and entry of such
decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board and
shall take effect upon its approval by said Board.
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise , of any nature
which varies, alters or adds to this Stipulation.
With respect to Case No. C-892 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
CALIFORNIA CONSERVING COMPANY, INC. (for its Hayward Plant
only), California Processors and Growers, Inc.; the California
State Federation of Labor and Cannery Workers' Union Local No.
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
20843, A. F. of L., parties to the contracts herein; and John T.
McTernan and Jonathan H. Rowell, Attorneys for the National
Labor Relations Board herein, as follows :
I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law by
the National Labor Relations Board. '
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organization
within the meaning of Section 2, subdivision (5), of the National
Labor Relations Act.
3. Cannery Workers' Union, Local No. 20843, A. F. of L., is a
labor organization within the meaning of Section 2, subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of
the National Labor Relations Act.
IV
Respondents, CALIFORNIA CONSERVING COMPANY, INC. and Cali-
fornia Processors and Growers, Inc., join in this stipulation upon
condition that their consents to the making of the Order here-
inafter described and to the certification and filing in Court of
the same are upon the condition that such consents shall not con-
stitute or be considered an admission and that the making, certi-
fication or filing of the Order or the Order itself shall not
constitute or be considered a finding or adjudication that the•
respondents, or either or any of them, have done anything in
violation of the National Labor Relations Act or omitted to do,
anything required by said Act; and such consents are given upon
the further condition that the Order hereinafter described shall
BERCUT-RICHARDS PACKING CO. 287
fully and finally dispose of all issues raised by the pleadings
herein, so that none of the acts alleged in said pleadings to have
been done or committed heretofore by respondents, or either or
any of them, in violation of the National Labor Relations-Act,,
shall hereafter be the basis of any complaint or proceedings by
the National Labor Relations Board against or involving re-
spondents, or either or any of them, or shall be alleged or found
by the National Labor Relations Board to be violations of the
National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation ;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and that
the making, certification or filing of this Order, or the Order
itself, shall not constitute or be considered an adjudication that
the respondents, or either or any of them, have in fact violated the
National Labor Relations Act; and basing this Order upon said
Stipulation, the findings above set forth and all stipulations ap-
pearing in the record herein, and upon the entire record herein,
(except evidence), and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that :
1. Respondent, CALIFORNIA CONSERVING COMPANY, INC., its
officers and agents, successors and assigns,* shall cease and desist
from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to
reinstate any of said employees, or in any manner discrimi-
nating with respect to their hire or tenure of employment or
any term or condition thereof because or on account of their
membership in, activity on behalf of or sympathy toward
any such labor organization ;
(b) Urging, persuading, warning or coercing its employees
to join or not to join any labor organization of said employees,
or threatening said employees with discharge if they join
or fail to join any such labor organization;
*The words "successors and assigns," whenever appearing in this Order, shall not
Include bona fide purchasers or transferees of respondents, or either or any of them, when
a substantial change of ownership and control occurs.
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto ;
(b) In any maner interfering with, restraining or coercing
its employees in 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 activities for the purposes of collective bargain-
ing or other mutual aid or protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act.
2. Respondent, CALIFORNIA CONSERVING COMPANY, INC., its
officers and agents, successors and assigns, shall take the following
affirmative action to effectuate the policies of the National Labor
Relations Act :
(a) Require that its officials, superintendents and employees
having authority to hire or discharge do not in any way urge,
persuade, warn or coerce its employees, or any of them, or
in any manner influence or attempt to influence said employees
to form, join, assist or participate in any labor organization,
or not to form, join, assist or participate in any labor organi-
zation ;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, CALIFORNIA CONSERVING COMPANY, INC.
shall offer to Manuel Grace, John Eccleston, Tony Cordozo,
John Nunes, Elizabeth Perkins, Mary Baptista, Beatrice
Blanca, Isabel Correia, Stella do Cruz, Victoria Fernandez,
Marie Neto, Lillian Ramos, Joe Ferreira, Barbara Furtado,
Marie Hernandez, Jess Limpo, Frank Lorenzo, Rose Bur-
gess, Emila Ferreira, Clara Fontes, Nelda Frances, Josephine
Purcell, Marie Machado, and Edith Paxton reinstatement
to his former or substantially equivalent position, without
prejudice to his seniority and other rights and privileges,
in the manner and on the conditions provided in said
Stipulation ;
(d) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Hayward, notices
containing a true and correct copy of this Order;
(e) Notify the Regional Director for the Twentieth Region
within ten (10) days the steps respondent has taken to comply
with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
BERCUT-RICHARDS PACKING CO. 289'
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Cannery
Workers' Union Local No. 20843, A. F. of L., and California
Processors and Growers, Inc., and CALIFORNIA CONSERVING COM-
PANY, INC. and nothing in this Order shall impose upon CALI-
FORNIA CONSERVING COMPANY, INC. or the California Processors.
and Growers, Inc., any obligation, restriction, liability or dis-
ability, whether affecting their right to enter into collective bar-
gaining contracts with any representatives of their employees as
provided in the National Labor Relations Act, as construed from
time to time by Courts of competent jurisdiction, or any other
right, or otherwise, except as provided in the National Labor
Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.
VI
It is further stipulated and agreed as follows :
The seniority, as of the date of reinstatement, of the employees
reinstated in accordance with the provisions of the Order pro-
vided for herein, shall be determined in accordance with the pro-
visions of those certain contracts by and between the California
Processors and Growers, Inc., CALIFORNIA CONSERVING COMPANY,
INC., California State Federation of Labor and Cannery Work-
ers' Union Local No. 20843, dated respectively April 4, 1939, and
April 22, 1938, except that during the period from March 1, 1937,
to the date each of said employees is reinstated, length of service
shall be determined by the hours of operation actually occurring
on the job or jobs held by him on February 28, 1937, and from
and after said date of reinstatement the seniority of each said
reinstated employee shall be determined in the same manner as
the seniority of all other employees in the same seniority group.
The employees reinstated .by virtue of the Order provided for
herein shall not be considered as "new employees" within the
meaning of the existing contract referred to in said Order; and
for all purposes in the future said reinstated employees shall
have no different or other privileges or obligations than other
employees not considered "new employees" within the meaning
of said contracts: Provided, that no employees now engaged on
the job shall be replaced by the reinstatement of any employees
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
named in said Order. Said reinstated employees shall be accepted
into membership in the said Union upon application therefor.
VII
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United Circuit Court of Appeals for the
Ninth Circuit a decree by said Court enforcing in full the said
Order of the National Labor Relations Board, and each of the
parties hereto hereby consents to the making and entry of such
decree and hereby waives prior notice thereof.
VIII
It is expressly understood and agreed that this Stipulation is'
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
IX
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below, is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
X
Manuel Grace and John Eccles ton will be offered employment
within sixty (60) days from the effective date of this stipulation
as regular hourly workers.
Tony Cordozo and John Nunes will be offered employment
within sixty (60) days from the effective date of this stipulation
as regular hourly workers, and if and when a vacancy occurs
in a job or jobs as cooper, they will, if then employed, be offered
such cooper's work in accordance with seniority as herein provided.
Elizabeth, Perkins will be offered employment as a regular
hourly worker within sixty (60) days from the effective date of
this stipulation, and if and when a vacancy occurs as forelady,
she will, if then employed, be offered such job in accordance with
seniority as herein provided.
The following have been reemployed and are now working :
Mary Baptista, Beatrice Blanca, Isabel Correia, Stella de Cruz,
Victoria Fernandez, Marie Neto, Lillian Ramos, Joe Ferreira,
Barbara Furtado, Marie Hernandez, Jess Limpo, Frank Lorenzo.
The following will be offered employment as regular hourly
workers when work is available, in accordance with seniority as
BERCUT-RICHARDS PACKING CO. 291
herein provided : Rose Burgess, Emila Ferreira, Clara Fontes,
Nelda Frances, Josephine Purcell, Marie Machado.
Edith Paxton has been reemployed, but voluntarily quit such
employment.
With respect to Case No. C-893 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
CALIFORNIA PACKING CORPORATION (for its Alameda County
Plants Nos. 8, 24, 35, and 37 only), California Processors' and
Growers, Inc. ; the California State Federation of Labor and
Cannery Workers' Union Local No. 20905, A. F. of L., parties
to the contracts herein ; and John T. McTernan and Jonathan H.
Rowell, Attorneys for the National Labor Relations Board herein,
as follows :
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organization
within the meaning of Section 2, subdivision (5), of the National
Labor Relations Act.
3. Cannery Workers' Union, Local No. 20905, A. F. of L., is a
labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of the
National Labor Relations Act.
IV
Respondents, CALIFORNIA PACKING CORPORATION and Cali-
fornia Processors and Growers , Inc., join in this stipulation
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
upon condition that their consents to the making of the Order
hereinafter described and to the certification and filing in Court
of the same are upon the condition that such consents shall not
constitute or be considered an admission and that the making,
certification or filing of the Order or the Order itself shall not
constitute or be considered a finding or adjudication that the
respondents, or either or any of them, have done anything in
violation of the National Labor Relations Act or omitted to do
anything required by said Act; and such consents are given
upon the further condition that the Order hereinafter described
shall fully and finally dispose of all issues raised by the pleadings
herein, so that none of the acts alleged in said pleadings to
have been done or committed heretofore by respondents, or either
or any of them, in violation of the National Labor Relations Act,
shall hereafter be the basis of any complaint or proceedings by
the National Labor Relations Board against or involving re-
spondents, or either or any of them, or shall be alleged or found
by the National Labor Relations Board to be violations of the
National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the Order
itself, shall not constitute or be considered an adjudication that
the respondents, or either or any of them, have in fact violated
the National Labor Relations Act; and basing this Order upon
said'Stipulation, the findings above set forth and all stipulations
appearing in the record herein, and upon the entire record herein,
(except evidence), and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that:
1. Respondent, CALIFORNIA PACKING CORPORATION as to its Ala-
meda County plants Nos. 8, 24, 35, and 37, its officers and agents,
successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to
The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of iespondents , or either or any of them where
a substantial change of ownership and control occurs
BERCUT-RICHARDS PACKING CO. 293
reinstate any of said employees, or in any manner discrimi-
nating with respect to their hire or tenure of employment
or any term or condition thereof because or on account of
their membership in, activity on behalf of or sympathy
toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto ;
(d) In any manner interfering with, restraining or coerc-
ing its employees in 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 activities for the purposes of collective bargain-
ing or other mutual aid or protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act.
2. Respondent, CALIFORNIA PACKING CORPORATION, its officers
and agents, successors and assigns, shall take the following affirm-
ative action to effectuate the policies of the National Labor Re-
lations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any of
them, or in any manner influence or attempt to influence said
employees to form, join, assist or participate in any labor
organization, or not to form, join, assist or participate in any
labor organization;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, CALIFORNIA PACKING CORPORATION shall
offer to George Canetti, John Limpo, and Aurora Hernandez,
reinstatement to his former or substantially equivalent posi-
tion, without prejudice to his seniority and other rights and
privileges, in the manner and on the conditions provided in
said Stipulation ;
(d) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plants at Nos. 8, 24, 35, and
37, notices containing a true and correct copy of this Order;
283033-41-vol. 22-20
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(e) Notify the Regional Director for the Twentieth Re-
gion within ten (10 ) days the steps respondent has taken to
comply with this Order.
3. Respondent , California Processors and Growers , Inc., its
officers and agents, successors and assigns , shall cease and desist
from engaging in any of the activities set forth in paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract , dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Can-
nery Workers' Union Local No. 20905 , A. F. of L., and California
-Processors and Growers , Inc., and CALIFORNIA PACKING CoRPORA-
-TION : and nothing in this Order shall impose upon CALIFORNIA
- PACKING CORPORATION or the California Processors and Growers,
:-Inc., any obligation , restriction , liability or disability , whether
affecting their right to enter into collective bargaining contracts
with any representatives of their employees as provided in the
National Labor Relations Act, as construed from time to time
by Courts of competent jurisdiction , or any other right, or other-
wise, except as provided in the National Labor Relations Act, or
in the event of any amendment of said Act , then as provided in
- said Act as amended.
VI
It is further stipulated and agreed as follows :
The seniority , as of the date of reinstatement , of the em-
-ployees reinstated in accordance with the provisions of the
Order provided for herein , shall be determined in accordance
with the provisions of those certain contracts by and between
the California Processors and Growers , Inc., CALIFORNIA PACK-
ING CORPORATION , California State Federation of Labor and
Cannery Workers' Union Local No. 20905, dated respectively
April 4, 1939, and April 22, 1938, except that during the period
from March 1, 1937, to the date each of said employees is re-
instated , length of service shall be determined by the hours of
operation actually occurring on the job or jobs held by him
on February 28, 1937, and from and after said date of rein-
statement the seniority of each said reinstated employee shall
be determined in the same manner as the seniority of all other
employees in the same seniority group.
The employees reinstated by virtue of the Order provided
for herein shall not be considered as "new employees " within
the meaning of the existing contract referred to in said Order ;
.,and for all purposes in the future said reinstated employees
shall have no different or other privileges or obligations than
BERCUT-RICHARDS PACKING CO. 295
other employees not considered "new employees" within the
-meaning of said contracts : Provided , that no employees now
engaged on the job shall be replaced by the reinstatement of
any employees named in said Order. Said reinstated em-
ployees shall be accepted into membership ' un the said Union
.upon application therefor.
VII
It is further stipulated and agreed that after the making
by the Board of its Order as hereinabove provided , there may
be made and entered in the United States Circuit Court of
Appeals for the Ninth Circuit a decree by said Court enforcing
in full the said Order of the National Labor Relations Board,
and each of the parties hereto hereby consents to the making
and entry of such decree and hereby waives prior notice thereof.
VIII
It is expressly understood and agreed that this Stipulation
is subject to the approval of the National Labor Relations
Board and shall take effect upon its approval by said Board.
IX
It is further stipulated and agreed that the entire agreement
.among the parties hereto , as recited above and as their sig-
natures appear below, is' contained within the terms of this
Stipulation , and there is no agreement , verbal or otherwise,
of any nature which varies , alters or adds to this Stipulation.
X
George Canetti will be offered employment at Fruitvale Plant
No. 37 upon the effective date of this stipulation.
John Limpo will be offered employment at Fruitvale Plant
No. 37 if and when a vacancy occurs as a label machine operator.
If no such vacancy exists upon the effective date of this stipu-
lation, he will be offered employment at such other work in said
plant as may be then or may be subsequently available at the rate
of pay provided for such other work. It is understood, that
respondent is not required to create a vacancy or a job for said
Limpo.
Aurora Hernandez will be offered employment at San Leandro
Plant No. 8 as a seasonal piece worker during the 1940 season.
None of the above named persons shall receive any back pay.
296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to Case No. C-894 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
Elmhurst Packers, Inc., for its Oakland Plant only, California
Processors and Growers, Inc. ; the California State Federation of
Labor and Cannery Workers' Union Local No. 20905, A. F. of L.,
parties to the contracts herein; and John T. McTernan and
Jonathan H. Rowell, Attorneys for the National Labor Relations
Board herein, as follows :
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the'
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Section
2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organization
within the meaning of Section 2, subdivision (5), of the National
Labor Relations Act.
3. Cannery Workers' Union, Local No. 20905, A. F. of L., is a
labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of the
National Labor Relations Act.
IV
Respondents , Elmhurst Packers, Inc. and California Proc-
essors and Growers, Inc., join in this stipulation upon condition
that their consents to the making of the Order hereinafter
described and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute
BERCUT-RICHARDS PACKING CO. 297
or be considered an admission and that the making, certification
or filing of the Order or the Order itself shall not constitute or
be considered a finding or adjudication that the respondents, or
either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything re-
quired by said Act ; and such consents are given upon the further
condition that the Order hereinafter described shall fully and
finally dispose of all issues raised by the pleadings herein, so
that none of the acts alleged in said pleadings to have been done
or committed heretofore by respondents, or either or any of
them, in violation of the National Labor Relations Act, shall
hereafter be the basis of any complaint or proceedings by the
National Labor Relations Board against or involving respond-
ents, or either or any of them, or shall be alleged or found by
the National Labor Relations Board to be violations of the
National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and that
the making, certification or filing of this Order, or the Order
itself, shall not constitute or be considered an adjudication that
the respondents, or either or any of them, have in fact violated
the National Labor Relations Act; and basing this Order upon
said Stipulation, the findings above set forth and all stipulations
appearing in the record herein, and upon the entire record herein,
(except evidence), and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that :
1. Respondent, Elmhurst Packers, Inc., its officers and agents,
successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any
labor organization of its employees, by discharging or re-
fusing to reinstate any of said employees, or in any manner
discriminating with respect to their hire or tenure of em-
*The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs.
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployment or any term or condition thereof because or on
account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of saidt
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto ;
(d) In any manner interfering with, restraining or
coercing its employees in their right to self-organization, .to
form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and to
engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection as guaranteed
in Section 7 of the National Labor Relations Act.
2. Respondent, Elmhurst Packers, Inc., its officers and agents,
successors and assigns, shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any
of them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join, assist or participate
in any labor organization;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Oakland, notices
containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth
Region within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors-and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Cannery
BERCUT-RICHARDS PACKING CO. 299
Workers' Union Local No. 20905, A. F. of L., and California
Processors and Growers, Inc., and Elmhurst Packers, Inc. and
nothing in this Order shall impose upon Elmhurst Packers, Inc.
or the California Processors and Growers, Inc., any obligation,
restriction, liability or disability, whether affecting their right to,
enter into collective bargaining contracts,with any representa-
tives of their employees as provided in the National Labor Rela-
tions Act, as construed from time to time by Courts of competent
jurisdiction, or any other right, or otherwise, except as provided
in the National Labor Relations Act, or in the event of any-
amendment of said Act, then as provided in said Act as amended..
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full
the said Order of the National Labor Relations Board, and each
of the parties hereto hereby consents to the making and entry of
such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
VIII
It is further stipulated and agreed that tha entire agreement
among the parties hereto, as recited above and as their signa-
tures appear below is contained within the terms of this Stipu--
lation, and there is no agreement, verbal or otherwise, of any
nature which varies, alters or adds to this Stipulation.
With respect to Case No. C-895 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
FILICE AND PERRELLI CANNING COMPANY, INCORPORATED (for its
Richmond Plant only), California Processors and Growers, Inc.;
the California State Federation of Labor and Cannery Workers'
Union Local No. 20794, A. F. of L., parties to the contracts
herein; and John T. McTernan and Jonathan H. Rowell, At-
torneys for the National Labor Relations Board herein, as fol-
lows :
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
All the parties hereto waive their rights to further hearing and
to the making of findings of fact and conclusions of law by the
National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein
are not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Work-
ers of America is a labor organization within the meaning of
Section 2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision (5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20794, A. F. of L., is
a labor organization within the meaning of Section 2, subdi-
vision (5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of
the National Labor Relations Act.
IV
Respondents, FILICE AND PEmIELLI, CANNING COMPANY, INCOR-
PoRATED , and California Processors and Growers, Inc., join in this
stipulation upon condition that their consents to the making of
the Order hereinafter described and to the certification and
filing in Court of the same are upon the condition that such
consents shall not constitute or be considered an admission and
that the making, certification or filing of the Order or the Order
itself shall not constitute or be considered a finding or adjudi-
cation that the respondents, or either or any of them, have
done anything in violation of the National Labor Relations
Act or omitted to do anything required by said Act; and such
consents are given upon the further condition that the Order
hereinafter described shall fully and finally dispose of all issues
raised by the pleadings herein, so that none of the acts alleged
in said pleadings to have been done or committed heretofore by
respondents, or either or any of them, in violation of the National
BERCUT-RICHARDS PACKING CO. 301
Labor Relations Act, shall hereafter be the basis of any complaint
or proceedings by the National Labor Relations Board against
or involving respondents, or either or any of them, or shall be
alleged or found by the National Labor Relations Board to be
violations of the National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the
Order itself, shall not constitute or be considered an adjudica-
tion that the respondents, or either or any of them, have in fact
violated the National Labor Relations Act; and basing this
Order upon said -Stipulation, the findings above set forth and all
stipulations appearing in the record herein, and upon the entire
record herein, (except evidence), and pursuant to Section 10-
(c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that :
1. Respondent, FILICE AND PERRELLI CANNING COMPANY, IN-
CORPORATED, its officers and agents , successors and assigns ,* shall
cease and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to.
reinstate any of said employees, or in any manner discrimi-
nating with respect to their hire or tenure of employment
or any term or condition thereof because or on account of
their membership in, activity on behalf of or sympathy
toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge
if they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing fi-
nancial or other support thereto;
*The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them , where-
a substantial change of, ownership and control occurs.
302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(d) In any manner interfering with, restraining or
coercing its employees in 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 activities for the purposes of
collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations
Act.
2. Respondent, FILICE AND PERRELLI CANNING COMPANY, IN-
CORPORATED, its officers and agents, successors and assigns, shall
take the following affirmative action to effectuate the policies
of the National Labor Relations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in
any way urge, persuade, warn or coerce 'its employees, or
any of them, or in any manner influence or attempt to in-
fluence said employees to form, join, assist or participate
in any labor organization, or not to form, join, assist or
participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, FILICE AND PERRELLI CANNING COMPANY,
INCORPORATED, shall offer to Stella Bowditch reinstatement
to his former or substantially equivalent position, without
prejudice to his seniority and other rights and privileges,
in the manner and on the conditions provided in said
Stipulation ;
(d) Post, and maintain continuously from the date of
this Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Richmond, notices
containing a true and correct copy of this Order;
(e) Notify the Regional Director for the Twentieth Region
within ten (10) days the steps respondent has taken to
comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Can-
nery Workers' Union Local No. 20794, A. F. of L., and Cali-
fornia Processors and Growers, Inc., and FILICE AND PERRELLI
BERCUT-RICHARDS PACKING CO. 303
CANNING COMPANY, INCORPORATED, and nothing in this Order
shall impose upon Filice and Perrelli Canning Company, Incor-
porated or the California Processors and Growers, Inc., any
obligation, restriction, liability or disability, whether affecting
their right to enter into collective bargaining contracts with any
representatives of their employees as provided in the National
-Labor Relations Act, as construed from time to time by Courts
.of competent jurisdiction, or any other right, or otherwise,
except as provided in the National Labor Relations Act, or in
the event of any amendment of said Act, then as provided in
said Act as amended.
VI
It is further stipulated and agreed as follows :
The seniority, as of the, date of reinstatement,- of the em-
ployees reinstated in accordance with the provisions of the
Order provided for herein, shall be determined in accordance
with the provisions of those certain contracts by and between
the California Processors and Growers, Inc., Filice and Perrelli
Canning Company, Incorporated, California State Federation
,of Labor and Cannery Workers' Union Local No. 20794, dated
respectively April 4, 1939, and April 22, 1938, except that during
the period from March 1, 1937, to the date each of said em-
ployees is reinstated, length of service shall-be determined by
the hours of operation actually occurring on the job or jobs
held by him on February 28, 1937, and from and after said date
.of reinstatement the seniority of each said reinstated employee
shall be determined in the same manner as the seniority of all
,other employees in the same seniority group.
The-employees reinstated by virtue of the Order provided for
herein shall not be considered as "new employees" within the
-meaning of the existing contract referred to.in said Order; and
for all purposes in the future said reinstated employees shall
have no different or other privileges or obligations than other
employees not considered "new employees" within the meaning
,of said contracts : Provided, that no employees now engaged on
the job shall be replaced by the reinstatement of any employees
named in said Order. Said reinstated employees shall be ac-
,cepted into membership in the said Union upon application
therefor.
VII
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full
the said Order of the National Labor Relations Board, and
each of the parties hereto hereby consents to the making and
entry of such decree and hereby waives prior notice thereof.
VIII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
IX
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
appear below, is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
X
Said Stella Bowditch referred to in paragraph V-2-(c) here-
inabove will be offered employment as an hourly or piecework
seasonal worker (but not as a forelady) during the 1940 season
in accordance with her seniority as provided in paragraph VI
hereof, but without any back pay.
With respect to Case No. C-896 the stipulation provided as follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
H. J. HEINZ CORPORATION (for its Berkeley Plant only), Cali-
fornia Processors and Growers, Inc. ; the California State
Federation of Labor and Cannery Workers' Union Local No.
20905, A. F. of L., parties to the contracts herein ; and John T.
McTernan and Jonathan H. Rowell, Attorneys for the National
Labor Relations Board herein, as follows :
I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law by
the National Labor Relations Board.
BERCUT-RICHARDS PACKING CO. 305
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Work-
ers of America is a labor organization within the meaning
of Section 2, subdivision (5) of the National Labor Relations
.Act.
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision (5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20905, A. F. of L., is a
labor organization within the meaning of Section 2, subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
-within the meaning of Section 2, subdivisions (1) and (2) of
;the National Labor Relations Act.
IV
Respondents, H. J. HEINZ CORPORATION and California Proces-
sors and Growers, Inc., join in this stipulation upon condition
that their consents to the making of the Order hereinafter de-
scribed and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute
or be considered an admission and that the making, certification
,or filing of the Order or the Order itself shall not constitute
,or be considered a finding or adjudication that the respondents,
,or either or any of them, have done anything in violation of
the National Labor Relations Act or omitted to do anything
required by said Act ; and such consents are given upon the
-further condition that the Order hereinafter described shall
fully and finally dispose of all issues raised by the pleadings
herein, so that none of the acts alleged in said pleadings to
have been done or committed heretofore by respondents, or
either or any of them, in violation of the National Labor Rela-
tions Act, shall hereafter be the basis of any complaint or pro-
'ceedings by the National Labor Relations Board against or in-
volving respondents, or either or any of them, or shall be alleged
or found by the National Labor Relations Board to be viola-
itions of the National Labor Relations Act.
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3, 1940 and made a part
of the record herein and as a full and final disposition of all
issues raised by the pleadings herein, as set forth in said Stipu-
lation; and upon condition that their consent to the making
of this Order shall not constitute or be considered an admission,
and that the making, certification or filing of this Order, or the
Order itself, shall not constitute or be considered an adjudica-
tion that the respondents, or either or any of them, have in
fact violated the National Labor Relations Act; and basing this
Order upon said Stipulation, the findings above set forth and
all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that :
1. Respondent, H. J. HEINZ CORPORATION, its officers and
agents, successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing
to reinstate any of said employees, or in any manner dis-
criminating with respect to their hire or tenure of employ-
ment or any term or condition thereof because or on account
of their membership in, activity on behalf of or sympathy
toward any such labor organization ;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto;
(d) In any manner interfering with, restraining or coerc-
ing its employees in 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 activities for the purposes of collective bargain-
ing or other mutual aid or protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act.
*The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING CO. 307
2. Respondent, H. J. HEINZ CORPORATION, its officers and
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations
Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any of
them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
labor organization, or not to form, join, assist or participate
in any labor organization;
(b) Take all reasonable steps and precautions to carry out
and effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, H. J. HEINZ CORPORATION shall offer to
William Vilhauer reinstatement to his former or substan-
tially equivalent position, without prejudice to his seniority
and other rights and privileges, in the manner and on the
conditions provided in said Stipulation ;
(d) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Berkeley, notices
containing a true and correct copy of this Order;
(e) Notify the Regional Director for the Twentieth
Region within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall impose upon H. J. HEINZ COR-
PORATION or the California Processors and Growers, Inc., any
obligation, restriction, liability or disability, whether affecting
their right to enter into collective bargaining contracts with any
representatives of their employees as provided in the National
Labor Relations Act, as construed from time to time by Courts of
competent jurisdiction, or any other right, or otherwise, except
as provided in the National Labor Relations Act, or in the event
of any amendment of said Act, then as provided in said Act
as amended.
VI
It is further stipulated and agreed as follows :
The seniority, as of the date of reinstatement, of the em-
ployees reinstated in accordance with the provisions of the Order
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
provided for herein, shall be determined in accordance with
the provisions of those certain contracts by and between the
California Processors and Growers, Inc., California State Fed-
eration of Labor and Cannery Workers' Union Local No. 20905,
dated respectively April 4, 1939, and April 22, 1938, except that
during the period from March 1, 1937, to the date each of said
employees is reinstated, length of service shall be determined
by the .hours of operation actually occurring on the job or jobs
held.by him on February 28, 1937, and from and after said date
of reinstatement the seniority of each said reinstated employee
shall be determined in the same manner as the seniority of all
other employees in the same seniority group.
The employees reinstated by virtue of the Order provided for
herein shall not be considered as "new employees" within the
meaning of the existing contract referred to in said Order; and
for all purposes in the future said reinstated employees shall
have no different or other privileges or obligations than other
-employees not considered "new employees" within the meaning
of said contracts : Provided, that no employees now engaged
,on the job shall be replaced by the reinstatement of any em-
ployees named in said Order. Said reinstated employees shall
be accepted into membership in the said Union upon application
therefor.
VII
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered into the United States Circuit' Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full
the said Order of the National Labor Relations Board, and each
of the parties hereto hereby consents to the making and entry of
such decree and hereby waives prior notice thereof.
VIII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
IX
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signa-
tures appear below, is contained within the terms of this Stipu-
lation, and there is no agreement, verbal or otherwise, of any
nature, which varies, alters or adds to this Stipulation.
tl
BERCUT-RICHARDS PACKING CO.
X
309
Said William Vilhauer referred to in paragraph V-2-(c)
hereinabove will be offered employment as a regular hourly em-
ployee within thirty (30) days from the effective date hereof,
but without any back pay.
XI
It is expressly understood that any and all references herein
to contracts with any union are for the sole purpose of defining
the seniority and status of said Vilhauer, and shall not be
deemed to admit or imply the existence of such contracts with
H. J. Heinz Corporation or the execution of the same by said
Corporation.
With respect to- Case No. C-897 the stipulation provided as
follows :
STIPULATION
It is hereby stipulated and agreed by and between respondents
HUNT BROTHERS PACKING COMPANY (for its Hayward Plant
only), California Processors and Growers, Inc.; the California
State Federation of Labor and Cannery Workers' Union Local
No. 20843, A. F. of L., parties to the contracts herein; and John
T. McTernan and Jonathan H. Rowell, Attorneys for the
National Labor Relations Board herein, as follows :
.I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law
by the National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and
the making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein
are not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Sec-
tion 2, subdivision (5) of the National Labor Relations Act.
283033-41-vo1 22--21
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision (5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20843 , A. F. of L.,
is a labor organization within the meaning of Section 2, Sub-
division ( 5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2 , subdivisions ( 1) and (2) of
the National Labor Relations Act.
IV
Respondents , HUNT BROTHERS PACKING COMPANY and Cali-
fornia Processors and Growers, Inc., join in this stipulation
upon condition that their consents to the making of the Order
hereinafter described and to the certification and filing in Court
of the same are upon the condition that such consents shalt
not constitute or be considered an admission and that the making,
certification or filing of the Order or the Order itself shall not
constitute or be considered a finding or adjudication that the
respondents , or either or any of them, have done anything in
violation of the National Labor Relations Act or omitted to
do anything required by said Act; and such consents are-given
upon the further condition that the Order hereinafter described
shall fully and finally dispose of all issues raised by the plead-
ings herein , so that none of the acts alleged in said pleadings
to have been done or committed heretofore by respondents, or
either or any of them, in violation of the National Labor Rela-
tions Act, shall hereafter be the basis of any complaint or pro-
ceedings by the National Labor Relations Board against or
involving respondents , or either or any of them, or shall be
alleged or found by the National Labor Relations Board- to be
violations of the National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3 , 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making , certification or filing of this Order, or the
I
BERCUT-RICHARDS PACKING CO . 31 1
Order itself, shall not constitute or be considered an adjudication
that the respondents, or either or any of them, have in fact
violated the National Labor Relations Act; and basing this
Order upon said Stipulation, the findings above set forth and
all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that :
1. Respondent, HUNT BROTHERS PACKING COMPANY, its officers
and agents, successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any
labor organization of its employees, by discharging or re-
fusing to reinstate any of said employees, or in any manner
discriminating with respect to their hire or tenure of em-
ployment or any term or condition thereof because or on
account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its em-
ployees to join or not to join any labor organization of said
employees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
(c) Interfering with the formation or administration of
any labor organization of its employees, or contributing
financial or other support thereto;
(d) In any manner interfering with, restraining or
coercing its employees in their right to self-organization, 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 col-
lective bargaining or other mutual aid or protection as- guar-
anteed in Section 7 of the National Labor Relations Act.
2. Respondent, HUNT BROTHERS PACKING COMPANY, its officers
and agents, successors and assigns, shall take the following
affirmative action to effectuate the policies of the National Labor
Relations Act :
(a) Require that its, officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or,any
of them, or in any manner influence or attempt to influence
said employees to form, join, assist or participate in any
*The words "successors and assigns ," whenever appealing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
labor organization, or not to form, join, assist or participate
in any labor organization;
(b) Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, HUNT BROTHERS PACKING COMPANY shall
offer to Marie Limpo reinstatement to her former or sub-
stantially equivalent position, without prejudice to his
seniority and other rights and privileges, in the manner and
on the conditions provided in said Stipulation;
(d) Post, and maintain continuously from the date of this
Order to and including August 15, 1940, at a conspicuous
place in each department of its plant at Hayward, notices
containing a true and correct copy of this Order;
(e) Notify the Regional Director for the Twentieth
Region within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph 1
hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and
effect between the California State Federation of Labor, Cannery
Workers' Union Local No. 20843, A. F. of L., and California
Processors and Growers, Inc., and HUNT BROTHERS PACKING
COMPANY : and nothing in this Order shall impose upon HUNT
BROTHERS PACKING COMPANY or the California Processors and
Growers, Inc., any obligation, restriction, liability or disability,
whether affecting their right to enter into collective bargaining
contracts with any representatives of their employees as provided
in the National Labor Relations Act, as construed from time
to time by Courts of competent jurisdiction, or any other right,
or otherwise, except as provided in the National Labor Relations
Act, or in the event of any amendment of said Act, then as pro-
vided in said Act as amended.
VI
It is further stipulated and agreed as follows :
The seniority, as of the date of reinstatement, of the em-
ployees reinstated in accordance with the provisions of the
Order provided for herein, shall be determined in accordance
with the provisions of those certain contracts by and between
BERCUT-RICHARDS PACKING CO. 313
the California Processors and Growers, Inc., HUNT BROTHERS
PACKING COMPANY, California State Federation of Labor and
Cannery Workers' Union Local No. 20843, dated respectively
April 4, 1939, and April 22, 1938, except that during the period
from March 1, 1937, to the date each'of said employees is rein-
stated, length of service shall be determined by the hours of
operation actually occurring on the job or jobs held by him on
February 28, 1937, and from and after said date of reinstate-
ment the seniority of each said reinstated employee shall be de-
termined in the same manner as the seniority of all other
employees in the same seniority group.
The employees reinstated by virtue of the Order provided for
herein shall not be considered as "new employees" within the
meaning of the existing contract referred to in said Order; and
for all purposes in the future said reinstated employees shall
have no different or other privileges or obligations than other
employees not considered "new employees" within the meaning
of said contracts : Provided, that no employees now engaged on
the job shall be replaced by the reinstatement of any employees
named in said Order. Said reinstated employees shall be ac-
cepted into membership in the said Union upon application
therefor.
VII
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in the United States Circuit Court of Appeals
for the Ninth Circuit a decree by said Court enforcing in full the
said Order of the National Labor Relations Board, and each of
the parties hereto hereby consents to the making and entry of
such decree and hereby waives prior notice thereof.
VIII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board
and shall take effect upon its approval by said Board.
IX
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signa-
tures appear below, is contained within the terms of this Stipu-
lation, and there is no agreement, verbal or otherwise, of any
nature which varies, alters or adds to this Stipulation.
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
x
Said Marie Limpo referred to in paragraph V-2-(c) herein-
above will be offered employment as a seasonal worker during
the 1940 season in accordance with her seniority as provided in
paragraph VI hereof, but without any back pay.
With respect to Case No. C-898 the stipulation provided as follows:
STIPULATION
It is hereby stipulated and agreed by and between respondents
SANTA CRUZ FRUIT PACKING Co. (for its Oakland Plant only),
California Processors and Growers, Inc. ; the California State
Federation of Labor and Cannery Workers' Union Local No.
20905, A. F. of L., parties to the contracts herein; and John T.
McTernan and Jonathan H. Rowell, Attorneys for the National
Labor Relations Board herein, as follows :
I
All the parties hereto waive their rights to further hearing
and to the making of findings of fact and conclusions of law by
the National Labor Relations Board.
II
In consideration of the provisions of this Stipulation and the
making thereof, all parties hereto do hereby waive and forego
any claim that the Order and the Decree provided for herein are
not enforceable and not fully valid.
III
1. United Cannery, Agricultural, Packing and Allied Workers
of America is a labor organization within the meaning of Sec-
tion 2, subdivision (5) of the National Labor Relations Act.
2. California State Federation of Labor is a labor organiza-
tion within the meaning of Section 2, subdivision (5), of the
National Labor Relations Act.
3. Cannery Workers' Union, Local No. 20905, A. F. of L., is a
labor organization within the meaning of Section 2, Subdivision
(5), of the National Labor Relations Act.
4. California Processors and Growers, Inc., is an employer
within the meaning of Section 2, subdivisions (1) and (2) of the
National Labor Relations Act.
BERCUT-RICHARDS PACKING CO. 315
IV
Respondents, SANTA CRUZ FRUIT PACKING CO. and California
Processors and Growers, Inc., join in this stipulation upon condi-
tion that their consents to the making of the Order hereinafter
described and to the certification and filing in Court of the same
are upon the condition that such consents shall not constitute or
be considered an admission and that the making, certification
or filing of the Order or the Order itself shall not constitute or
be considered a finding or adjudication that the respondents, or
either or any of them, have done anything in violation of the
National Labor Relations Act or omitted to do anything required
by said Act; and such consents are given upon the further condi-
tion that the Order hereinafter described shall fully and finally
dispose of all issues raised by the pleadings herein, so that none
of the acts alleged in said pleadings to have been done or com-
mitted heretofore by respondents, or either or any of them, in
violation of the National Labor Relations Act, shall hereafter
be the basis of any complaint or proceedings by the National
Labor Relations Board against or involving respondents, or
either or any of them, or shall be alleged or found by the
National Labor Relations Board to be violations of the
National Labor Relations Act.
V
An order may forthwith be entered by said Board as follows :
By consent of the parties as set forth and provided in that
certain Stipulation dated January 3 , 1940 and made a part of
the record herein and as a full and final disposition of all issues
raised by the pleadings herein, as set forth in said Stipulation ;
and upon condition that their consent to the making of this
Order shall not constitute or be considered an admission, and
that the making, certification or filing of this Order, or the
Order itself , shall not constitute or be considered an adjudication
that the respondents , or either or any of them , have in fact
violated the National Labor Relations Act; and basing this
Order upon said Stipulation, the findings above set forth and all
stipulations appearing in the record herein, and upon the entire
record herein , ( except evidence ), and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
316 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
1. Respondent, SANTA CRUz FRUIT PACKING Co., its officers
and agents, successors and assigns,* shall cease and desist from :
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to
reinstate any of said employees, or in any manner discrim-
inating with respect to their hire or tenure of employment
or any term or condition thereof because or on account of
their membership in, activity on behalf of or sympathy
toward any such labor organization ;
(b) Urging, persuading, warning or coercing its employees
to join or not to join any labor organization of said em-
ployees, or threatening said employees with discharge if
they join or fail to join any such labor organization;
,(c) Interfering with the formation or administration of
any labor organization if its employees, or contributing
financial or other support thereto;
(d) In any manner interfering with, restraining or co-
ercing its employees in their right to self-organization, to
form, join or assist labor organizations, to bargain collec-
tively through representatives of their own choosing, and
to engage in concerted activities for the purposes of col-
lective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations
Act.
2. Respondent, SANTA CRUZ FRUIT PACKING CO., its officers
and agents, successors and assigns, shall take the following
affirmative action to effectuate the policies of the National
Labor Relations Act :
(a) Require that its officials, superintendents and em-
ployees having authority to hire or discharge do not in any
way urge, persuade, warn or coerce its employees, or any
of them, or in any manner influence or attempt to influ-
ence said employees to form, join, assist or participate in
any labor organization, or not to form, join, assist or
participate in any labor organization;
(b) Take all reasonable steps and precautions to carry
out and effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of
this Order to and including August 15, 1940, at a conspic-
•The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
BERCUT-RICHARDS PACKING CO . 317
uous place in each department of its plant at Oakland,
notices containing a true and correct copy of this Order;
(d) Notify the Regional Director for the Twentieth
Region within ten (10) days the steps respondent has taken
to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its
officers and agents, successors and assigns, shall cease and desist
from engaging in any of the activities set forth in Paragraph
1 hereof, whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the opera-
tion of that certain contract, dated April 4, 1939, now in force
and effect between the California State Federation of Labor,
Cannery Workers' Union Local No. 20905, A. F. of L., and
California Processors and Growers, Inc., and SANTA CRUZ FRUIT
PACKING Co. and nothing in this Order shall impose upon SANTA
CRuz FRUIT PACKING Co. or the California Processors and
Growers, Inc., any obligation, restriction, liability or disability,
whether affecting their right to enter into collective bargaining
contracts with any representatives of their employees as pro-
vided in the National Labor Relations Act, as construed from
time to time by Courts of competent jurisdiction, or any other
right, or otherwise, except as provided in the National Labor
Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.
VI
It is further stipulated and agreed that after the making by
the Board of its Order as hereinabove provided, there may be
made and entered in- the United States Circuit Court of Ap-
peals for the Ninth Circuit a decree by said Court enforcing
in full the said Order of the National Labor Relations Board,
and each of the parties hereto hereby consents to the making and
entry of such decree and hereby waives prior notice thereof.
VII
It is expressly understood and agreed that this Stipulation
is subject to the approval of the National Labor Relations
Board and shall take effect upon its approval by said Board.
VIII
It is further stipulated and agreed that the entire agreement
among the parties hereto, as recited above and as their signatures
318 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
appear below is contained within the terms of this Stipulation,
and there is no agreement, verbal or otherwise, of any nature
which varies, alters or adds to this Stipulation.
On February 6, 1940, the Board issued an order approving the
stipulations and making them a part of the record.
Upon the above stipulations and upon the entire record in the case,
the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS 4
Bercut-Richards Packing Co. is a California corporation engaged
in canning fruits and vegetables at Sacramento, California. During
1936 this respondent produced approximately 1,200,000 standard cases
of canned goods at its Sacramento plant. Approximately 700,000
cases were shipped during 1936 to points within the United States
outside the State of California ; about 60,000 cases were shipped to
points outside the United States; and about 350,000 cases to points
within the State of California. The respondent is not a member of
Canners League of California.
California Packing Corporation 5 is a New York corporation
engaged in canning fruits and vegetables at Sacramento, San Lean-
dro, Oakland, and Emeryville,' California. This respondent operates
numerous other canneries in the United States and Hawaii which are
not concerned in this proceeding. During 1936 this respondent pro-
duced more than 800,000 standard cases of canned goods at its Sacra-
mento cannery, and approximately 2,744,000 standard cases at its San
Leandro, Oakland, and Emeryville plants. Approximately 2,300,000
cases were shipped during 1936 to points within the United States
outside the State of California from the plants here involved; about
267,000 cases were shipped to points outside the United States, and
540,000 cases to points within California.
Libby, McNeill c6 Libby is a Maine corporation having nine plants
for the canning of fruits and vegetables in the State of California.
4 The facts set forth in this section were stipulated by the respondents and-,counsel
for the Board . All shipment figures given are for the year 1936 but counsel stipulated
at the hearing that such figures "are substantially applicable to and representative of the
operations of each of the respondent canneries named in the respective stipulations for
the years 1937, 1938 , and 1939, " and further stipulated that each of the respondents is
engaged in interstate commerce within the meaning of the Act.
Unless otherwise specifically stated, each of the respondents is a member of both the
respondent association and Canners League of California.
5 Two amended complaints were issued against this respondent , one concerning the
respondent ' s Sacramento plant , and the other the San Leandro , Emeryville , and two
Oakland plants
6 The amended complaints against this respondent refer to a plant at Berkeley, Cali-
fornia . It appears that the Emeryville plant was here concerned.
D
BERCUT-RICHARDS PACKING Co. 319
Only the plant of the respondent located at Sacramento, California,
is involved in this proceeding. During 1936 this respondent pro-
duced approximately 1,100,000 standard cases of canned goods at its
Sacramento plant. More than 680,000 cases were shipped from the
Sacramento plant to points within the United States outside the
State of California during 1936; approximately 147,000 cases were
shipped to points outside the United States, and about 406,000 cases
to points within the State-of California.
Mor-Pak Preserving Corporation is a Nevada corporation engaged
in canning fresh fruits and vegetables at Stockton, California. Dur-
ing 1936 this respondent produced approximately 210,000 standard
cases of canned goods at its Stockton plant. Approximately 80,000
cases were shipped from the Stockton plant during 1936 to points
outside the State of California but within the United States; about
2,000 cases were shipped to points outside the United States; and
about 149,000 cases to points within the State of California.
Richmond-Chase Company is a California corporation operating,
among others, a cannery at Stockton, California, engaged in the
canning of peaches and asparagus. During 1936 this respondent
produced approximately 360,000 standard cases of canned goods at
its Stockton 'plant: Approximately 245,000 cases were shipped to
points within the United States outside the State of California from
the Stockton plant during 1936; about 59,000 cases were shipped to
points outside the United States, and approximately 68,000 cases to
points within the State of California.
Stockton Food Products, Inc., is a California corporation engaged
in canning fruits and vegetables at Stockton, California. During
1936 this respondent produced approximately 355,000 standard cases
of canned goods at its Stockton plant. Approximately 236,000 cases
were shipped during 1936 to points within the United States but
outside the State of California from the Stockton plant; approxi-
mately 37,000 cases were shipped to points outside the United States,
and about 83,000 cases to points within the State of California.
The respondent is not a member of the Canners League of California.
F. M. Ball and Company is a Nevada corporation engaged in the
canning of fruits and vegetables at Oakland, California. During
1936 this respondent produced approximately 890,000 standard cases
of canned goods at its Oakland plant. Approximately 5,250 cases
were shipped during 1936 to points within the United States outside
the State of California from the company's Oakland plant; about
71,500 cases were shipped to points outside the United States during
the same year, and about 889,000 cases to points within the State
of California. The respondent is not a member of the Canners
League of California.
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Elmhurst Packers, Inc., is a California corporation engaged in
canning fruits and vegetables at Oakland, California. During 1936
this respondent produced approximately 274,000 standard cases of
canned goods at its Oakland cannery. Approximately 265,000 cases
were shipped from the Oakland plant during 1936 to points within
the United States outside the State of California; about 13,000 cases
were shipped to points outside the United States, and about 95,000
cases to points within the State of California.
Santa Cruz Fruit Packing Co. is a California corporation en-
gaged in canning fruits and vegetables at Oakland and Seabright,
California. Only the Oakland plant is concerned in this proceeding.
During 1936 this respondent produced more than 1,500,000 standard
cases of canned goods at its Oakland cannery. During the same
year this respondent shipped approximately 744,000 cases to points
within the United States outside the State of California from its
Oakland plant; about 50,000 cases were shipped to points outside
the United States, and about 854,000 cases to, points within the State
of California. The respondent is not a member of Canners League
of California.
California Conserving Co. Inc. is a California corporation en-
gaged in canning fruits and vegetables at four plants in California
and Oregon. Only the Hayward, California, plant of the respond-
ent is concerned in this proceeding. During 1936 this respondent
produced approximately 1,018,000 standard cases of canned goods
at its Hayward plant. Approximately 462,000 cases were shipped
during 1936 from the Hayward plant to points within the United
States outside the State of California; about 341,000 cases were
shipped to points outside the United States, and about 11,000 cases
to points within the State of California.
Hunt Brothers Packing Company is a Delaware corporation en-
gaged in canning fruits and vegetables at five plants in California,
Oregon, and Washington. Only the Hayward, California, plant
of the corporation is concerned in this proceeding. During the com-
pany's fiscal year of 1936 this respondent produced approximately
700,000 standard cases of canned goods at its Hayward plant. Ap-
proximately 650,000 cases were shipped from the Hayward plant
during 1936 to points within the United States outside the State
of California; about 66,000 cases were shipped to points outside the
United States,, and approximately 67,000 cases to points within the
State of California.
Filice and Perrelli Canning Company, Inc., is a California cor-
poration engaged in canning fruits at Richmond and Gilroy, Cali-
fornia. Only the Richmond plant is concerned in this proceeding.
During 1936 this respondent produced approximately 547,000 stand-
BERCUT-RICHARDS PACKING CO . 321
and cases of canned goods at its Richmond plant. Approximately
433,000 cases were shipped to. points outside the State of California
but within the United States from the Richmond plant during 1936;
about 2,804 cases were shipped to points outside the United States,
and about 201,000 cases to points within the State of California.
H. J. Heinz Corporation is a Pennsylvania corporation engaged
in canning fruits and vegetables at Berkeley, Watsonville, Isleton,
and Corning, California. Only the Berkeley plant is concerned
in this proceeding. During 1936 this respondent produced approxi-
mately 518,000 standard cases of canned goods at its Berkeley can-
nery. Approximately 184,000 cases were shipped during 1936 to
points within the United States outside the State of California from
the Berkeley plant; approximately 1,170 cases were shipped to points
outside the United States, and about 251,000 cases to points within
the State of California. The respondent is not a member of Can-
ners League of California.
II. THE ORGANIZATIONS INVOLVED
United Cannery, Agricultural, Packing and Allied Workers of
America; California State Federation of Labor; and Cannery Work-
ers' Union, Locals No. 20324, 20676, 20905, 20843, and 20794, are
labor organizations as defined in Section 2 (5) of the Act.
In addition to the above, the following organizations were alleged
in certain of the complaints to be labor organizations as defined in
Section 2 (5) of the Act: Cannery Workers' Union, Federal Local
No. 20099; Agricultural Workers' Union, Federal Local No. 20221;
Warehouseman's Union, Local No. 38-44, International Longshore-
men's Association; Association of Employees, California Conserving
Company; Cannery Employees' Association; and Employees of H. J.
Heinz Company.
ORDER
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of, the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condition
that their consent to the making of this Order shall not constitute or
be considered an admission, and that the making, certification or
filing of this Order, or the Order itself, shall not constitute or be
considered an adjudication that the respondents, or either or any of
them, have in fact violated the National Labor Relations Act; and
basing this Order upon said Stipulation, the findings above set forth
and all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section 10
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. Respondent, Bercut-Richards Packing Co., its officers and agents,
successors and assigns,7 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
-threatening said employees with discharge if they join or fail to
join any such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Bercut-Richards Packing Co., its officers and
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations Act:
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner
influence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
- (b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above ;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
department of its plant at Sacramento, notices containing a true and
correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
7 The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
BERCUT-RICHARDS PACKING CO. 323
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from en-
gaging in any of the activities set forth in Paragraph 1 hereof,
whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20324, A. F. of L., and California Processors and
Growers, Inc., and Bercut-Richards Packing Co. and nothing in this
Order shall impose upon Bercut-Richards Packing Co. or the Cali-
fornia Processors and Growers, Inc., any obligation, restriction,
liability or disability, whether affecting their right to enter into
collective bargaining contracts with any representatives of their em-
ployees as provided in the National Labor Relations Act, as con-
strued from time to time by Courts of competent jurisdiction, or any
other right, or otherwise, except as provided in the National Labor
Relations Act, or in the event of any amendment of said Act, then
as provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condition
that their consent to the making of this Order shall not constitute
or be considered an admission, and that the making, certification or
filing of this Order, or the Order itself, shall not constitute or be
considered an adjudication that the respondents, or either or any of
them, have in fact violated the National Labor Relations Act; and
basing this Order upon said Stipulation, the findings above set forth
and all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. Respondent, California Packing Corporation as to its Sacra-
mento plant No. 12, its officers and agents, successors and assigns,"
shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organi-
zation of its employees, by discharging or refusing to reinstate any of
said employees, or in any manner discriminating with respect to their
hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization ;
8 The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
threatening said employees with discharge if they join or fail to
join any such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other
support thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, California Packing Corporation, its officers and
agents, successors and, assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations Act :
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner influ-
ence or attempt to influence said employees to form, join, assist or
participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each de-
partment of its plant at Sacramento, notices containing a true and
correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20324, A. F. of L., and California Processors and
Growers, Inc., and California Packing Corporation and nothing in
this Order shall impose upon California Packing Corporation or the
California Processors and Growers, Inc., any obligation, restriction,
liability or disability, whether affecting their right to enter into col-
lective bargaining contracts with any representatives of their, em-
BERCUT-RICHARDS PACKING Co. 325
ployees as provided in the National Labor Relations Act, as construed
from time to time by Courts of competent jurisdiction, or any other
right, or otherwise, except as provided in the National Labor Rela-
tions Act, or in the event of any amendment of said Act, then as
provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condi-
tion that their consent to the making of this Order shall not con-
stitute or be considered an admission, and that the making, certifica-
tion or filing of this Order, or the Order itself, shall not constitute
or be considered an adjudication that the respondents, or either or
any of them, have in fact violated the National Labor Relations Act;
and basing this Order upon said Stipulation, the findings above set
forth and all stipulations appearing in the record herein, and upon
the entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. Respondent, Libby, McNeill & Libby, its officers and agents,
successors and assigns,° shall cease and desist from :
(a) Discouraging or encouraging membership in any labor or-
ganization of its employees, by discharging or refusing to reinstate
any of said employees, or in any manner discriminating with respect
to their hire or tenure of employment or any term or condition
thereof because or on account of their membership in, activity on
behalf of or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
threatening said employees with discharge if they join or fail to
join any such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
9 The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control oce,,rs.
283033-41-vol 22-22
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Respondent, Libby, McNeill & Libby, its officers and agents,
successors and assigns, shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act:
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner
influence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
-effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
department of its plant at Sacramento, notices containing a true and
correct copy of this Order ;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and, effect
between the California State Federation of Labor, Cannery `Yorkers'
Union Local No. 20324, A. F. of L., and California Processors and
Growers, Inc., and Libby, McNeill & Libby and nothing in this Order
shall impose upon Libby, McNeill & Libby or the California Proc-
essors and Growers, Inc., any obligation, restriction, liability or dis-
ability, whether affecting their right to enter into collective bargain-
ing contracts with any representatives of their employees as provided
in the National Labor Relations Act, as construed from time to time
by Courts of competent jurisdiction, or any other right, or otherwise,
except as provided in the National Labor Relations Act, or in the
event of any amendment of said Act, then as provided in said Act
as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940, and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condition
that their consent to the making of this Order shall not constitute or
be considered an admission, and that the making, certification or
filing of this Order, or the Order itself, shall not constitute or be
BERCUT-RICHARDS PACKING CO. 327
considered an adjudication that the respondents, or either or any of
them, have in fact violated the National Labor Relations Act; and
basing this Order upon said Stipulation, the findings above set forth
and all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that:
1. Respondent, Mor-Pak Preserving Corporation, its officers and
agents, successors and assigns,1° shall cease and desist from:,
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to join
or not to join any labor organization of said employees, or threatening
said employees with discharge if they join or fail to join any such
labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Mor-Pak Preserving Corporation, its officers and
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations
Act :
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner
influence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
'°The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department of its plant at Stockton, notices containing a true and
correct copy of this Order ;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from en-
gaging in any of the activities set forth in Paragraph 1 hereof,
whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Work-
ers' Union Local No. 20676, A. F. of L., and California Processors
and Growers, Inc., and Mor-Pak Preserving Corporation and noth-
ing in this Order shall impose upon Mor-Pak Preserving Corpora-
tion or the California Processors and Growers, Inc., any obligation,
restriction, liability or disability, whether affecting their right to
enter into collective bargaining contracts with any representatives
of their employees as provided in the National Labor Relations Act,
as construed from time to time by Courts of competent jurisdiction,
or any other right, or otherwise, except as provided in the National
Labor Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by
the pleadings herein, as set forth in said Stipulation ; and upon
condition that their consent to the making of this Order shall not
constitute or be considered an admission, and that the making, cer-
tification or filing of this Order, or the Order itself, shall not con-
stitute or be considered an adjudication that the respondents, or
either or any of them, have in fact violated the National Labor
Relations Act; and basing this Order upon said Stipulation, the
findings above set forth and all stipulations appearing in the rec-
herein, and upon the entire record herein, (except evidence),ord
and pursuant to Section 10 (c) of the National Labor Relations
Act, the National Labor Relations Board hereby orders that:
1. Respondent, Richmond-Chase Company, its officers and agents,
successors and assigns," shall cease and desist from :
(a) Discouraging or encouraging membership in any labor or-
ganization of its employees, by discharging or refusing to reinstate
11 The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING Co. 329
any of said employees, or in any manner discriminating with respect
to their hire or tenure of employment or any term or condition
thereof because or on account of their membership in, activity on
behalf of or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
threatening said employees with discharge if they join or fail to
join any such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other
support thereto ;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Richmond-Chase Company, its officers and agents,
successors and assigns, shall take the following affirmative action
to effectuate the policies of the National Labor Relations Act :
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner
influence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
department of its plant at Stockton, notices containing a true and
correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20676, A. F. of L., and California Processors and
Growers, Inc., and Richmond-Chase Company and nothing in this
330' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Order shall impose upon Richmond-Chase Company or the California,
Processors and Growers, Inc., any obligation, restriction, liability or
disability, whether affecting their right to enter into collective bar-
gaining contracts with any representatives of their employees as
provided in the National Labor Relations Act, as construed from
time to time by Courts of competent jurisdiction, or any other right,
or otherwise, except as provided in the National Labor Relations
Act, or in the event of any amendment of said Act, then as pro-
vided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation ; and upon condi-
tion that their consent to the making of this Order shall not con-
stitute or be considered an admission, and that the making, certifi-
cation or filing of this Order, or the Order itself, shall not constitute
or be considered an adjudication that the respondents, or either or
any of them, have in fact violated the National Labor Relations Act;
and basing this Order upon said Stipulation, the findings above set
forth and all, stipulations appearing in the record herein, and upon
the entire record herein (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Re-
lations Board hereby orders that :
1. Respondent, Stockton Food Products Inc., its officers and agents,
successors and assigns '12 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization ;
(b) Urging, persuading, warning or coercing its employees to join
or not to join any labor organization of said employees, or threaten-
ing said employees with discharge if they join or fail to join any
such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other
support thereto ;
(d) In any manner interfering with, restraining or coercing its
employees in their right to self-organization, to form, join or assist
12 The words "successors and assigns," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs
BERCUT-RICHARDS-PACKING CO. 331
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
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent , Stockton Food Products , Inc., its officers and agents,
successors and assigns , shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act :
(a) Require that its officials , superintendents and employees hav-
ing authority 1o hire, or discharge do not in any way- urge, persuade,-
warn or coerce its employees , or any of them, or in any manner in-
fluence or attempt to influence said employees to form, join , assist or
participate in any labor organization , or not to form , join, assist or
participate in any labor organization ;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each de-
partment of its plant at Stockton , notices containing a true and cor-
rect copy of this Order;
(d) Notify the Regional Director for the Twentieth Region with-
in ten ( 10) days the steps respondent has. taken to comply with this
Order.
3. Respondent, California Processors and Growers , Inc., its officers
and agents , successors and assigns , shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract , dated April 4, 1939, now in force and effect be-
tween the California State Federation of Labor, Cannery Workers'
Union Local No. 20676 , A. F. of L., and California Processors and
Growers, Inc., and Stockton Food Products , Inc., and nothing in this
Order shall impose upon Stockton Food Products , Inc., or the Cali-
fornia Processors and Growers , Inc., any obligation , restriction,
liability or disability , whether affecting their right to enter into col-
lective bargaining contracts with any representatives of their em-
ployees as provided in the National Labor - Relations Act, as con-
strued from time to time by Courts of competent jurisdiction, or any
other right, or otherwise , except as provided in the National Labor
Relations Act, or in the event of any amendment of said Act , then as
provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3 , 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth-in said Stipulation; and upon condition.
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that their consent to the making of this Order shall not constitute or
be considered an admission, and that the making, certification or filing
of this Order, or the Order itself, shall not constitute or be considered
an adjudication that the respondents, or either or any of them, have in
fact violated the National Labor Relations Act; and basing this Order
upon said Stipulation, the findings above set forth and all stipula-
tions appearing in the record herein, and upon the entire record
herein, (except evidence), and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that :
1. Respondent, F. M. Ball and Company, its officers and agents,
successors and assigns,13 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of or
sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to join
or not to join any labor organization of said employees, or threatening
said employees with discharge if they join or fail to join any such
labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other
support thereto ;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, F. M. Ball and Company, its officers and agents,
successors and assigns, shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act;
(a) Require that its officials, superintendents and employees having
authority to hire or discharge do not in any way urge, persuade, warn
or coerce its employees, or any of them, or in any manner influence
or attempt to influence said employees to form, join, assist or par-
ticipate in any labor organization, or not to form, join, assist or
participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
'The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING CO. 333
(c) Post, and maintain continuously from the date of this Order to
and including August 15, 1940, at a conspicuous place in each depart-
ment of its plant at Oakland, notices containing a true and correct
copy of this Order ;
(d) Notify the Regidnal Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20905, A. F. of L., and California Processors and
Growers, Inc., and F. M. Ball and Company and nothing in this
Order shall impose upon F. M. Ball and Company or the California
Processors and Growers, Inc., any obligation, restriction, liability or
disability, whether affecting their right to enter into collective bar-
gaining contracts with any representatives of their employees as
provided in the National Labor Relations Act, as construed from time
to time by Courts of competent jurisdiction, or any other right, or
otherwise, except as provided in the National Labor Relations Act,
or in the event of any amendment of said Act, then as provided in
said Act as amended.
AND IT IS FURTHER ORDERED that the allegations of the amended
complaint against the respondent, F. M. Ball and Company in so far
as they allege that said respondent on or about March 5, 1937, and
thereafter, failed or refused to rehire Mrs. Isabel Blasi because of her
membership in, activity on behalf of, or sympathy toward Union No.
20099, be, and the same hereby are, dismissed.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condition
that their consent to the making of this Order shall not constitute or
be considered an admission, and that the making, certification or filing
of this Order, or the Order itself, shall not constitute or be considered
an adjudication that the respondents, or either or any of them, have
in fact violated the National Labor Relations Act; and basing this
Order upon said Stipulation, the findings above set forth and all
stipulations appearing in the record herein, and upon the entire
record herein, (except evidence), and pursuant to Section 10 (c) of
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the National Labor Relations Act, the National Labor Relations
Board hereby orders that:
1. Respondent, California Conserving Company, Inc., its officers
and agents, successors and assigns,14 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to••reinstate,,any
of said employees, or in any manner discriminating with respect
to their hire or tenure of employment or any term or condition there-
of because or on account of their membership in, activity on behalf
of or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
threatening said employees with discharge if they join or fail to
join any such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto;
(d) In any manner interfering with, restraining or coercing its
,employees in their right to self-organization, to form, join or, assist
labor organizations, to bargain collectively through respresentatives
• of their own choosing, and to engage in concerted activities for the
purposes of collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, California Conserving Company, Inc., its officers
and agents, successors and assigns, shall take the following affirma-
tive action to effectuate the policies of the National Labor Rela-
tions Act :
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner in-
fluence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization ;
(b) Take all reasonable steps and precautions to, carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, California Conserving Company, Inc., shall offer
to Manuel Grace, John Eccleston, Tony Cordozo, John Nunes, Eliza-
beth Perkins, Mary Baptista, Beatrice Blanca, Isabel Correia, Stella
de Cruz, Victoria Fernandez, Marie Neto, Lillian Ramos, Joe Fer-
reira, Barbara Furtado, Marie Hernandez, Jess Limpo, Frank Lo-
u The words "successors and assigns ," whenever appearing In this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING Co. 335
renzo, Rose Burgess, Emila Ferreira, Clara Fontes, Nelda Frances,
Josephine Purcell, Marie Machado, and Edith Paxton reinstatement
to his former or substantially equivalent position, without prejudice
to his seniority and other rights and privileges, in the manner and
on the conditions provided in said Stipulation;
(d) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each de-
partment of its plant at Hayward, notices containing a true and
correct copy of this Order;
(e) Notify the Regional Director for the Twentieth Region with-
in ten (10) days the steps respondent has taken to comply with
this Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from en-
gaging in any of the activities set forth in Paragraph 1 hereof,
whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20843, A. F. of L., and California Processors and
Growers, Inc.,' and California Conserving Company, Inc., and noth-
ing in this Order shall impose upon California Conserving Company,
Inc. or the California Processors and Growers, Inc., any obliga-
tion, restriction, liability or disability, whether affecting their right to
-enter into collective bargaining contracts with any representatives of
their employees as provided in the National Labor Relations Act,
,as construed from time to time by Courts of competent jurisdiction,
or any other right, or otherwise, except as provided in the National
Labor Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condi-
tion that their consent to the making of this Order shall not consti-
tute or be considered an admission, and that the making, certification
or filing of this Order, or the Order itself, shall not constitute or be
,considered an. adjudication that the respondents, or either or any of
them, have in fact violated the National Labor Relations Act; and
basing this Order upon said Stipulation, the findings above set forth
and all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Respondent, California Packing Corporation as to its Alameda
County plants Nos. 8, 24, 35, and 37, its officers and agents, successors
and assigns,15 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
threatening said employees with discharge if they join or fail to
join any such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, California Packing Corporation, its officers and
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations Act :
(a) Require that its officials, superintendents and employees having
authority to hire or discharge do not in any way urge, persuade, warn
or coerce its employees, or any of them, or in any manner influence
or attempt to influence said employees to form, join, assist or partici-
pate in any labor organization, or not to form, join, assist or
participate in any labor organization ;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, California Packing Corporation shall offer to
George Canetti, John Limpo, and Aurora Hernandez, reinstatement
to his former or substantially equivalent position, without prejudice
to his seniority and other rights and privileges, in the manner and
on the conditions provided in said Stipulation;
(d) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
15 The words "successors and assigns," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
BERCUT-RICHARDS PACKING CO. 337
department of its plants at Nos. 8, 24, 35 and 37, notices containing a
true and correct copy of this Order ;
(e) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its offi-
cers and agents, successors and assigns, shall cease and desist from
engaging in any of the activities set forth in paragraph 1 hereof,
whether individually or in a representative, capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20905, A. F. of L., and California Processors and
Growers, Inc., and California Packing Corporation and nothing in
this Order shall impose upon California Packing Corporation or
the California Processors and Growers, Inc., any obligation, restric-
tion, liability or disability, whether affecting their right to enter into
collective bargaining contracts with any representatives of their
employees as provided in the National Labor Relations Act, as con-
strued from time to time by Courts of competent jurisdiction, or any
other right, or otherwise, except as provided in the National Labor
Relations Act, or in the event of any amendment of said Act, then
as provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation ; and upon condition
that their consent to the making of this Order shall not constitute
or be considered an admission, and that the making, certification or
filing of this Order, or the Order itself, shall not-constitute or be con-
sidered an adjudication that the respondents, or either or any of
them, have in fact violated the National Labor Relations Act; and
basing this Order upon said Stipulation, the findings above set forth
and all stipulations appearing in the record herein, and upon the
entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that :
1. Respondent, Elmhurst Packers, Inc., its officers and agents,
successors and assigns,16 shall cease and desist from :
10 The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs.
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Discouraging or encouraging membership in any labor
organization of its employees, by discharging or refusing to re-
instate any of said employees, or in any manner discriminating with
respect to their hire or tenure of employment or any term or condi-
tion thereof because or on account of their membership in, activity
on behalf of or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to join
or not to join any labor organization of said employees, or threaten-
ing said employees with discharge if they join or fail to join any
such labor -organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto ;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Elmhurst Packers, Inc., its officers and agents, suc-
cessors and assigns, shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act:
(a) Require that its officials, superintendents and. employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner
influence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place' in each de-
partment of its plant at Oakland, notices containing a true and
correct copy of this Order;'
(d) Notify the Regional Director for the Twentieth Region
within ten (10) days the steps respondent has taken to comply with
this Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity. -
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
BERCUT-RICHARDS PACKING CO. 339'
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20905, A. F. of L., and California Processors and
Growers, Inc., and Elmhurst Packers, Inc. and nothing in this Order
shall impose upon Elmhurst Packers, Inc. or the California Proces-
sors and Growers, Inc., any obligation, restriction, liability or dis-
ability, whether affecting their right to enter into collective bar-
gaining contracts with any representatives of their employees as
provided in the National Labor Relations Act, as construed from
time to time by Courts of competent jurisdiction, or any other right,
or otherwise, except as provided in the National Labor Relations
Act, or in the event of any amendment of said Act, then as provided
in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation ; and upon condi-
tion that their consent to the making of this Order shall not con-
stitute or be considered an admission, and that the making, cer-
tification or filing of this Order, or the Order itself, shall not con-
stitute or be considered an adjudication that the respondents, or
either or any of them, have in fact violated the National Labor Re -
lations' Act; and basing this' Order upon-said Stipulation, the find'-
ings above set forth and all stipulations appearing in the record
herein, and upon the entire record herein, (except evidence), and
pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that :
1. Respondent, Filice and Perrelli Canning Company, Incorpo-
rated, its officers and agents, successors and assigns,17 shall cease and
desist from :
(a) Discouraging or encouraging membership in any labor or-
ganization of its employees,' by discharging or refusing, to reinstate
any of said employees, or in any manner discriminating with respect
to their hire or tenure of employment or any term or condition
thereof because or on account of their membership in, activity on
behalf of or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or
threatening said employees with discharge if they join or fail to
join any such labor organization;
17 The words "successors and assigns," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs.
340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Interfering with the formation or administration of any
labor organization of its employees, or contributing financial or
other support thereto ;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Filice and Perrelli Canning Company, Incorporat-
ed, its officers and agents, successors and assigns, shall take -the fol-
lowing affirmative action to effectuate the policies of the National
Labor Relations Act :
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner in-
fluence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization ;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, Filice and Perrelli Canning Company, Incor-
porated, shall offer to Stella Bowditch reinstatement to her former
or substantially equivalent position, without prejudice to her sen-
iority and other rights and privileges, and the manner and on the
conditions provided in said Stipulation;
(d) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
department of its plant at Richmond, notices containing a true and
correct copy of this Order;
(e) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Work-
ers' Union Local No 20794, A. F. of L., and California Processors
and Growers, Inc., and Filice and Perrelli Canning Company, In-
corporated and nothing in this Order shall impose upon Filice and
BERCUT-RICHARDS PACKING CO. 341
Perrelli Canning Company, Incorporated or the California Proces-
sors and Growers , Inc., any obligation , restriction , liability or dis-
ability, whether affecting their right to enter into collective bargain-
ing contracts with any representatives of their employees as pro-
vided in the National Labor Relations Act, as construed from time
to time by Courts of competent jurisdiction , or any other right, or
otherwise , except as provided in the National Labor Relations Act,
or in the event of any amendment of said -Act, then as provided in
said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condi-
tion that their consent to the making of this Order shall not con-
stitute or be considered an admission, and that the making, certifica-
tion or filing of this Order, or the Order itself, shall not constitute
or be considered an adjudication that the respondents, or either or
any of them, have in fact violated the National Labor Relations Act ;
and basing this Order upon said Stipulation, the findings above set
forth and all stipulations appearing in the record herein, and upon
the entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Re-
lations Board hereby orders that :
1. Respondent, H. J. Heinz Corporation, its officers and agents,
successors and assigns,18 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organi-
zation of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization ;
(b) Urging, persuading, warning or coercing its employees to join
or not to join any labor organization of said employees, or threaten-
ing said employees with discharge if they join or fail to join any
such labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto ;
(d) In any manner interfering with, restraining or coercing its
employees in their right to self-organization, to form, join or assist
18 The words "successors and assigns ," whenever appearing in this Order , shall not
include bona fide purchasers or transferees of respondents , or either or any of them, where
a substantial change of ownership and control occurs
283023-41-vol 22-23
342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent , H. J. Heinz Corporation , its officers and agents,
successors and assigns , shall take the following affirmative action to
effectuate the policies of the National Labor Relations Act :
(a) Require that its officials , superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees , or any of them, or in any manner in-
fluence or attempt to influence said employees to form, join, assist
or participate in any labor organization , or not to form , join, assist
or participate in any labor organization;
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent , H. J. Heinz Corporation shall offer to William
Vilhauer reinstatement to his former or substantially equivalent
position , without prejudice to his seniority and other rights and
privileges, in the manner and on the conditions provided in said
Stipulation ; i
(d) Post, and maintain continuously from the date of this Order to
and including August 15, 1940, at a conspicuous place in each depart-
ment of its plant at Berkeley, notices containing a true and correct
copy of this Order ;
(e) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent , California Processors and Growers, Inc., its officers
and agents, successors and assigns , shall cease and desist from engag-
ing in any of the activities set forth in Paragraph 1 hereof, whether
individually or in a representative capacity.
4. Nothing in this Order shall impose upon H. J. Heinz Corpora-
tion or the California Processors and Growers, Inc., any obligation,
restriction , liability or disability, whether affecting their right to
enter into collective bargaining contracts with - any representatives of
their employees as provided in the National Labor Relations Act, as
construed from time to time by Courts of competent jurisdiction, or
any other right, or otherwise , except as provided in the National
Labor Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3 , 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
4
BERCUT-RICHARDS PACKING CO. 343
pleadings herein, as set forth in said Stipulation; and upon condition
that their consent to the making of this Order shall not constitute or
be considered an admission, and that the making, certification or filing
of this Order, or the Order itself, shall not constitute or be considered
an adjudication that the respondents, or either or any of them, have
in fact violated the National Labor Relations Act; and basing this.
Order upon said Stipulation, the findings above set forth and OR
stipulations appearing in the record herein, and upon the entire
record herein, (except evidence),' and pursuant to Section 10 (c) of
the National Labor Relations Act, the National Labor Relations
Board hereby orders that:
1. Respondent, Hunt Brothers Packing Company, its officers and
agents, successors and assigns,19 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor organ-
ization of its employees, by discharging or refusing to reinstate any
of said employees, or in any manner discriminating with respect to
their hire or tenure of employment or any term or condition thereof
because or on account of their membership in, activity on behalf of
or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to join
or not to join any labor organization of said employees, or threatening
said employees with discharge if they join or fail to join any such
labor organization;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other sup-
port thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Hunt Brothers Packing Company, its officers and
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations Act :
(a) Require that its officials, superintendents and employees hav-
ing authority to hire or discharge do not in any way urge, persuade,
warn or coerce its employees, or any of them, or in any manner
influence or attempt to influence said employees to form, join, assist
or participate in any labor organization, or not to form, join, assist
or participate in any labor organization;
19 The words "successors and assigns ," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs.
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Take all reasonable steps and precautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Respondent, Hunt Brothers Packing Company shall offer to
Marie Limpo reinstatement to her former or substantially equivalent
position, without prejudice to her seniority and other rights and
privileges, in the manner and on the conditions provided in said
Stipulation ;
(d) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
department of its plant at Hayward, notices containing a true and
correct copy of this Order ;
(e) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
3. Respondent, California Processors and Growers, Inc., its of-
ficers and agents, successors and assigns, shall cease and desist from
engaging in any of the activities set forth in Paragraph 1 hereof,
whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation of
that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20843, A. F. of L., and California Processors and
Growers, Inc., and Hunt Brothers Packing Company and nothing
in this Order shall impose upon Hunt Brothers Packing Company or
the California Processors and Growers, Inc., any obligation, restric-
tion, liability or disability, whether affecting their right to enter into
collective bargaining contracts with any representatives of their em-
ployees as provided in the National Labor Relations Act, as construed
from time to time by Courts of competent jurisdiction, or any other
right, or otherwise, except as provided in the National Labor Rela-
tions Act, or in the event of any amendment of said Act, then as
provided in said Act as amended.
By consent of the parties as set forth and provided in that certain
Stipulation dated January 3, 1940 and made a part of the record
herein and as a full and final disposition of all issues raised by the
pleadings herein, as set forth in said Stipulation; and upon condition
that their consent to the making of this Order shall not constitute
or be considered an admission, and that the making, certification or
filing of this Order, or the Order itself, shall not constitute or be
considered an adjudication that the respondents, or either or any of
them, have in fact violated the National Labor Relations Act; and
basing this Order upon said Stipulation, the findings above set forth
and all stipulations appearing in the record herein, and upon the
BERCUT-RICHARDS PACKING CO. 345
entire record herein, (except evidence), and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that :
1. Respondent, Santa Cruz Fruit Packing Co., its officers and
agents, successors and assigns,20 shall cease and desist from :
(a) Discouraging or encouraging membership in any labor or-
ganization of its employees, by discharging or refusing to reinstate
any of said employees, or in any manner discriminating with respect
to their hire or tenure of employment or any term or condition
thereof because or on account of their membership in, activity on
behalf of or sympathy toward any such labor organization;
(b) Urging, persuading, warning or coercing its employees to
join or not to join any labor organization of said employees, or threat-
ening said employees with discharge if they join or fail to join any
such labor organization ;
(c) Interfering with the formation or administration of any labor
organization of its employees, or contributing financial or other
support thereto;
(d) In any manner interfering with, restraining or coercing its
employees in 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 activities for the
purposes of collective bargaining or other mutual aid or protection
as guaranteed in Section 7 of the National Labor Relations Act.
2. Respondent, Santa Cruz Fruit Packing Co., its officers and
agents, successors and assigns, shall take the following affirmative
action to effectuate the policies of the National Labor Relations Act :
(a) Require that its officials, superintendents and employees
having authority to hire or discharge do not in any way urge, per-
suade, warn or coerce its employees, or any of them, or in any
manner influence or attempt to influence said employees to form,
join, assist or participate in any labor organization, or not to form,
join, assist or participate in any labor organization;
(b) Take all reasonable steps and percautions to carry out and
effectuate the provisions of Paragraph 2 (a) above;
(c) Post, and maintain continuously from the date of this Order
to and including August 15, 1940, at a conspicuous place in each
department of its plant at Oakland, notices containing a true and
correct copy of this Order;
(d) Notify the Regional Director for the Twentieth Region within
ten (10) days the steps respondent has taken to comply with this
Order.
20 The words "successors and assigns," whenever appearing in this Order, shall not
include bona fide purchasers or transferees of respondents, or either or any of them, where
a substantial change of ownership and control occurs.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. Respondent, California Processors and Growers, Inc., its officers
and agents, successors and assigns, shall cease and desist from en-
gaging in any of the activities set forth in Paragraph 1 hereof,
whether individually or in a representative capacity.
4. Nothing in this Order shall in any way affect the operation
of that certain contract, dated April 4, 1939, now in force and effect
between the California State Federation of Labor, Cannery Workers'
Union Local No. 20905, A. F. of L., and California Processors and
Growers, Inc., and Santa Cruz Fruit Packing Co. and nothing in
this Order shall impose upon Santa Cruz Fruit Packing Co. or the
California Processors and Growers, Inc., any obligation, restriction,
liability or disability, whether affecting their right to enter into
collective bargaining contracts with any representatives of their em-
ployees as provided in the National Labor Relations Act, as con-
strued from time to time by Courts of competent jurisdiction, or
any other right, or otherwise, except as provided in the National
Labor Relations Act, or in the event of any amendment of said Act,
then as provided in said Act as amended.