Bob White Mills, Inc.

National Labor Relations Board - Board Decisions

Jun 6, 1940

24 N.L.R.B. 399 (N.L.R.B. 1940)

In the Matter of BOB WHITE MILLS, INC. and CHRIS GJENSTE
Case No. C-1586.-Decided June 6, 1940
Feed and Fertilizer Manufacturing Industry-Settlement : stipulation pro-
viding for compliance with the Act, including back pay-Order : entered on
stipulation.
Mr. Lee Loevinger and Mr. Henry W. Lehmann, for the Board.
Mr. Oliver S. Andresen, of Duluth, Minn., for the respondent.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges filed by Chris Gjenste, the National Labor Relations
Board, herein called the Board, by its Regional Director for the
Eighteenth Region (Minneapolis, Minnesota), issued a complaint
dated April 22, 1940, against Bob White Mills, Inc., Duluth, Minne-
sota, herein called the respondent, alleging that the respondent had
engaged in and was engaging in unfair labor practices affecting com-
merce, 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. The complaint, containing a notice of hearing
thereon, was duly served on the respondent and on Gjenste.
With respect to the unfair labor practices, the complaint alleged in
substance that the respondent (1) on or about January 9, 1939, dis-
charged Gjenste, and at all times thereafter refused to reinstate him,
because he had joined and assisted certain labor organizations and
had otherwise engaged in concerted activities for the purposes of col-
lective bargaining and other mutual aid and protection, thereby dis-
couraging membership in such organizations; (2) since March 1937
advised, urged, warned, and threatened its employees to refrain from
becoming or remaining members of such labor organizations or other-
wise assisting them; and (3) by the foregoing and other acts inter-
fered with, restrained, and coerced its employees in the exercise of
the rights guaranteed in Section 7 of the Act.
24 N. L. R. B., No. 31.
399
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 2, 1940, the respondent filed an answer, in which it denied
that it had engaged in any of the alleged unfair labor practices.
Pursuant to notice, a hearing was held in Duluth, Minnesota, on
May 6, 1940, before George Bokat, the Trial Examiner duly desig-
nated by the Board. The Board and the respondent were represented
by counsel and participated in the hearing, and Gjenste was present
but did not make a formal appearance. At the hearing the parties
(including Gjenste) entered into a stipulation subject to the Board's
approval, in settlement of the case. This stipulation provided as
follows :
It is hereby stipulated and agreed by and between all of the
parties to this proceeding, as follows :
1. The record herein shall consist of this stipulation, the tran-
script herein, including the stipulation read into the record above,
and the exhibits offered and received in evidence herein. .
2. All of the parties hereto hereby waive the right to any fur-
ther hearing herein, the making of findings of fact and conclu-
sions of law by the National Labor Relations Board, and hereby
agree and consent to the entry of the following order by the
National Labor Relations Board, and by the appropriate United
States Circuit Court of Appeals.
ORDER
Upon the basis of the stipulation herein, and the entire record
in the case, and pursuant to Section 10 (c) of the National Labor
Relations Act, the National Labor Relations Board hereby orders
that :
1. The Respondent, its officers, agents, successors, and assigns,
shall cease and desist from: (a) In any manner interfering with,
restraining or coercing its employees in the exercise of their
right to self-organization, to form, join or assist labor organi-
zations, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for purposes
of collective bargaining, or other mutual aid or protection as
guaranteed in Section 7 of the National Labor Relations Act;
(b) Discouraging membership in any labor organization of its
employees by discrimination and 1 in regard to hire or tenure
of employment or any term or condition of employment.
2. The Respondent, its officers, agents, successors and assigns
shall take the following affirmative action to effectuate the
policies of the Act: (a) Immediately upon the entry of this
Order, pay to Chris Gjenste the sum of $50.00, and within ten
1 Sic.
BOB WHITE MILLS, INC. 401
days after the entry of this Order pay to the said Chris Gjenste
the further sum of $50.00; (b) Post in several places at its plant
notices embodying the cease and desist provisions of this Order,
and keep such notices posted for a period of sixty days; (c)
Notify the Regional Director for the Eighteenth Region of the
National Labor Relations Board in writing within ten days
from the date of the entry of this order what steps the Respond-
ent has taken to comply herewith.
3. The issuance of an order, based upon the terms and pro-
visions of this stipulation, shall constitute a complete deter-
mination of all of the issues raised by the pleadings in this
proceeding.
4. This stipulation is made subject to the approval of the
National Labor Relations Board. If this stipulation is not
approved by the National Labor Relations Board within twenty-
one days from the date hereof, it shall be null and void and of
no effect and this proceeding shall stand in the same status as
though this stipulation had not been made and the hearing in
this proceeding may be reconvened upon three days' notice to
the parties herein.
5. This stipulation constitutes the entire agreement between
the parties and no verbal agreement of any kind has been made
which varies, alters, or adds to this stipulation.
On May 23, 1940, the Board issued and duly served on the parties
an order. approving the said stipulation, making it a part of the
record in this case, and, in accordance with Article II, Section 36,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, transferring the case to and continuing it before the
Board for the purpose of entry of a decision and order pursuant to
the provisions of the stipulation.
Upon the basis of the said stipulation and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT 2
. The respondent is a Minnesota corporation, with an office and
mill in Duluth, Minnesota, where it is principally engaged in the
manufacturing and processing of animal feeds and mineral fertil-
izers. During 1938 and 1939 the respondent purchased products
consisting principally of grain, screenings, phosphates, nitrogen,
filler, potash, cottonseed meal, gluten feed, meal, soy bean oil, linseed
2 The findings in this section are based on a stipulation of facts entered into at the hear-
ing by the attorneys for'the Board and the respondent.
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
oil meal, and malt sprouts, and amounting to approximately $120,000
in value, about 40 per cent of which originated outside the State of
Minnesota and were shipped to the respondent's mill in Duluth, Min-
nesota, by railroad and truck. During the same period, the respond-
ent sold products consisting principally of feed and fertilizer and
amounting to approximately $150,000 in value, about 25 per cent of
which was shipped from Duluth, Minnesota, to customers located
outside the State of Minnesota.
We find that the foregoing operations constitute a continuous flow
of trade, traffic, and commerce among the several States, and that
the respondent is engaged in commerce, within the meaning of Sec-
tion 2 (6) and (7) of the Act.
ORDER
Upon the basis of the stipulation herein, and the entire record in
the case, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders that
the respondent, Bob White Mills, Inc., Duluth, Minnesota, its officers,
agents, successors, and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of 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 purposes of collective bargaining, or other mutual aid
or protection, as guaranteed in Section 7 of the National Labor
Relations Act ;
(b) Discouraging membership in any labor organization of its
employees by discrimination in regard to hire or tenure of employ-
ment or any term or condition of employment.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Immediately upon the entry of' this order, pay to Chris
Gjenste the sum of $50, and within ten (10) days after the entry of
this order, pay to the said Chris Gjenste the further sum of $50;
(b) Post in several places at its plant notices embodying the cease
and desist provisions of this order, and keep such notices posted for
a period of sixty (60) days;
(c) Notify the Regional Director for the Eighteenth Region of
the National Labor Relations Board in writing, within ten (10)
days from the date of the entry of this order, what steps the re-
spondent has taken to comply herewith.