California Fig Growers & Packers, Inc.

National Labor Relations Board - Board DecisionsMay 28, 1940

23 N.L.R.B. 1288 (N.L.R.B. 1940)

In the Matter of CALIFORNIA FIG GROWERS & PACKERS, INC. and FRESNO PACKING Housn EMPLOYEES UNION 19653 Case No. C-1581.-Decided May 28, 1940 Dried Fruit Industry-Settlement : stipulation providing for compliance with the Act, including reinstatement of three employees and back pay in specified amount as to one employee-Order : entered on stipulation. Mr. John Paul Jennings and Mr. Leslie Lubliner, for the Board. Mr. Milo E. Rowell, of Fresno, Calif., for the respondent. Mr. John S. Sweeney, of Fresno, Calif., for the Union. Miss Charlotte Anschuetz, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended charges duly filed by Fresno Packing House Employees Union 19653, affiliated with the American Federation of Labor, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Twentieth Region (San Francisco, California), issued its complaint dated April 27, 1940, against California Fig Growers & Packers, Inc., Fresno, California, herein called the respondent, alleging that the respond- ent had engaged in and was engaging in unfair labor practices 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. Copies of the complaint and notice of hearing thereon were duly served upon the respondent and upon the Union. With respect to the unfair labor practices, the complaint alleged in substance that on or about July 21, 1939, Helge W. Lindholm, and on or about September 8, 1939, Ronald Peterson, Edward Peter- son, and Erick E. Erickson applied to the respondent for reinstate- ment, or for reemployment or employment in the respondent's Fresno plant, and that the respondent refused their requests because of their 23 N. L. R. B., No. 133. 1288 CALIFORNIA FIG GROWERS & PACKERS, INC. 1289 membership in and activity on behalf of the Union. On May 9, 1940, the respondent filed an answer to the complaint which denied that the respondent had engaged in any unfair labor practices and alleged that it refused to employ these men only because it had no available openings. Prior to a hearing, the respondent, the Union, and counsel for the Board entered into a stipulation dated April 30, 1940, in settle- ment of the case. This stipulation provides as follows : STIPULATION It is hereby stipulated and agreed by and between California Fig Growers & Packers, Inc:, hereinafter referred to as the Respondent ; Fresno Packing House Employees Union Local 19653, hereinafter referred to as the Union, and John Paul Jennings and Leslie Lubliner, attorneys for the National Labor Relations Board , as follows : I Respondent is and has been since July, 1936, a California corporation with its principal place of business in Fresno, Cali- fornia, hereinafter called the Fresno Plant. Respondent is en gaged and has been engaged since 1936 at the Fresno Plant in the business of purchasing, processing, packing, warehousing, selling and distributing, dried fruits, principally dried figs. Re- spondent sold and distributed during the years 1938 and 1939 in excess of $350,000 worth of its products. During the years 1938 and 1939, and at the present time, approximately 90 per cent in value and volume of respondent's products were and are sold and shipped out of the State of California to other states of the United States and to foreign countries. For the purpose of the above-entitled proceeding and not otherwise respondent admits that it is and at all times herein stated has been engaged in interstate commerce within the mean- ing of Section 2 (6) and (7) of the National Labor Relations Act. II Fresno Packing House Employees Union Local 19653 is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. III All the parties hereto waive their right to a hearing, to the making of findings of fact and conclusions of law by the Na- tional Labor Relations Board herein, and to any other or further 1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD procedure before said Board, and agree that the charges, com- plaint and notice of hearing, affidavit of service of said cons- plaint and notice of hearing, the answer of respondent,, the 'National Labor Relations Board Rules and Regulations-Series 2, as amended, and this stipulation, shall constitute the entire record in this case and shall dispense with the necessity for the hearing provided for in the said complaint and notice of hearing- Iv Upon the record herein and upon this stipulation, if and when approved by the National Labor Relations Board, an order may be forthwith entered by said Board as follows : (1) Respondent, California Fig Growers & Packers Inc., 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 form, join or assist labor organizations, to bargain collectively through representa- tives of their own choosing and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection ; (b) Discouraging membership in Fresno Packing House Em- ployees Union Local 19653, or any other labor organization of its employees, by discriminating against said employees in re- spect to their hire or tenure of employment, or army term or condition hereof. (2) Respondent, California Fig Growers & Packers Inc., its officers, agents, successors and assigns shall take the following affirmative action to effectuate the policies of the National Labor Relations Act; (a) Offer to Ronald Peterson, Edward Peterson and Erick E. Erickson, reinstatement to their former or substantially equiv- alent positions at the beginning of the 1940 packing season, without prejudice to their seniority or other rights or privileges; (b) Respondent shall make whole Helge W. Lindholm for any loss of pay that he rutty have suffered from the beginning of the 1939 packing season down to the date of this order by payment to him of the sum of $350.00; (c) Post immediately in conspicuous places at its plant and warehouse in Fresno, California, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs 1 (a) and (b) of this order; (2) that the CALIFORNIA FIG GROWERS & PACKERS, INC. 1291 respondent will take the affirmative action set forth in paragraph 2 (a) and (b) of this order; (3) that the respondent's employees are free to become or remain members of Fresno Packing House Employees Union Local 19653 and the respondent will not dis- criminate against any employee because of membership or ac- tivity in that organization. (d) Notify the Regional Director for, the Twentieth Region in writing, within twenty (20) days from the date of this order, of the steps taken by respondent to comply herewith. v It is expressly understood and agreed that respondent shall not be required to offer reemployment to Helge W. Lindholm. VI After the entry of the order by the National Labor Relations Board as provided for in Paragraph IV hereof, there may be entered in the United States Circuit Court of Appeals for the Ninth Circuitl a decree by said Court enforcing said order in full, and each of the parties hereto hereby consents to the entry of said decree and hereby waives prior notice thereof. VII It is expressly understood and agreed that this stipulation is subject to the approval of the National Labor Relations Board. VIII This stipulation contains the entire agreement between the parties hereto and there is no understanding, - oral or -written, adding to or in anywise altering the provisions of this stipu- lation. On May 17, 1940, the Board issued an order approving the above Ftipulation, making it a part of the record, and pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regu= lations-Series 2, as amended, transferring the proceeding to the Board for the purpose of entry of a decision and order by the Board pursuant to the provisions of the said stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT The respondent, a California corporation with its principal place. of business in Fresno, California, is engaged in purchasing, process- 1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing, packing, warehousing, selling, and distributing dried fruits, principally dried figs. During each of the years 1938 and 1939 the respondent sold and distributed products valued at approximately '$350,000. Approximately 90 per cent of these products were shipped to points outside California. The respondent admits, for the pur- pose of this proceeding, that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that California Fig Growers & Packers, Inc., Fresno, California, 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 form, join or assist labor organizations, to bargain collectively through representatives of their ,own choosing and to engage in concerted activities for the purpose of collective bargaining, or other mutual aid or protection; (b) Discouraging membership in Fresno Packing House Employees 'Union Local 19653, or any other labor organization of its employees, by discriminating against said employees in respect to their hire or tenure of employment, or any term or condition hereof. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Ronald Peterson, Edward Peterson and Erick E. Erickson, reinstatement to their- former or substantially equivalent positions at the beginning of the 1940 packing season, without prej- udice to their seniority or other rights or privileges; (b) Respondent shall make whole Helge W. Lindholm for any loss of pay that he may have suffered from the beginning of the 1939 packing season down to the date of this order by payment to him of the sum of $350.00; (c) Post immediately in conspicuous places at its plant and ware- house in Fresno, California, and maintain for a period of at least sixty (60) consecutive days from the date of posting, notices to its employees stating: (1) that the respondent will not engage in the conduct from which it is ordered to cease and desist in paragraphs I (a) and (b) of this order; (2) that the respondent will take the affirmative action set forth in paragraph 2 (a) and (b) of this order; (3) that the respondent's employees are free to become or remain CALIFORNIA FIG GROWERS & PACKERS, INC. 1293- members of Fresno Packing House Employees Union Local 19653 and the respondent will not discriminate against any employee be- cause of membership or activity in that organization ; (d) Notify the Regional Director for the Twentieth Region in writing, within twenty (20), days from. the date. of this order, of the.. steps taken by, respondent to comply herewith.