Estanislado Lopez Pecan Factories and/or Estanislado Lopez Pecan Shelleries

National Labor Relations Board - Board Decisions

Dec 7, 1938

10 N.L.R.B. 311 (N.L.R.B. 1938)

In the Matter of ESTANISLADO LOPEZ , DOING BUSINESS AS ESTANISLADO
LOPEZ PECAN FACTORIES AND/OR ESTANISLADO LOPEZ PECAN SHELLER-
IES and PECAN WORKERS LOCAL UNION No. 172, AFFILIATED WITH
THE UNITED CANNERY, AGRICULTURAL, PACKING AND ALLIED
WORKERS OF AMERICA
Case No. C-991.-Decided December 7, 1938
Pecan Industry-Settlement: stipulation providing for cessation of unfair
labor practices-Order: entered on stipulation.
Mr. L. N. D. Wells, Jr., for the Board.
Mr. Herman Glosserman, of San Antonio, Tex., for the respondent.
Mr. Santos G. Vasquez, of San Antonio, Tex., for the Union.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Charges and amended charges having been duly filed by Pecan
Workers Local Union No. 172, affiliated with the United Cannery,
Agricultural, Packing and Allied Workers of America, herein called
the Union, the National Labor Relations Board, herein called the
Board, by the Regional, Director for the Sixteenth Region (Fort
Worth, Texas) issued its complaint dated September 28, 1938, against
Estanislado Lopez, doing business as Estanislado Lopez Pecan Fac-
tories and/or Estanislado Lopez Pecan Shelleries, San Antonio, Texas,
herein called the respondent, alleging that the respondent had en-
gaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (1) and Section 2 (6) and (7)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. Copies of the complaint, accompanied by notice of hearing,
were duly served upon the respondent and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance (1) that the respondent, during April, May, and June,
1938, on various occasions advised his employees to stay out of the
Union, employed abusive language toward the Union and its officials
and made other statements of an anti-union character to his em-
ployees, (2) that the respondent, on May 19, 1938, threatened to dis-
10 N. L. R. B., No. 20.
311
312 • NATIONAL LABOR RELATIONS BOARD
charge Tomasa Aquinez, an employee, if she continued in the Union,
(3) that the respondent, on June 10, 1938, offered to give money to
the business agent of the Union if he would take the "agitators" out
of the respondent's plants, and (4) that, by the above and other acts,
the respondent interfered with, restrained, and coerced his employees
in the exercise of the rights guaranteed in Section 7 of the Act.
. Pursuant to notice, a hearing was held at San Antonio, Texas, on
October 10 and 11, 1938, before Albert L., Lohm, the Trial Examiner
duly designated by the Board. The Board and the respondent were
represented by counsel, the Union was represented by its business
agent, and all parties participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties.. None of the
parties, however, called any witnesses. The hearing was concluded
upon agreement by all parties that the case would be settled by
stipulation, subject to approval by the Board.
On October 20, 1938, the respondent, the Union, and counsel for the
Board entered into the following stipulation :
1. It is hereby stipulated and agreed by and between the re-
spondent, Estanislado Lopez, doing business as Estanislado Lopez
Pecan Factories and/or Estanislado Lopez Pecan Shelleries and
Pecan Workers Local Union No. 172, affiliated with the United.
Cannery, Agricultural, Packing and Allied Workers of America,
hereinafter referred to as the union, by its Business Agent, Santos
G. Vasquez, and L. N. D. Wells, Jr., attorney, National Labor
Relations Board, as follows:
2. Charges were duly filed by the union, through Santos G.
Vasquez, its Business Agent. Thereafter the National Labor
Relations Board, through Edwin A. Elliott, Regional Director
for the Sixteenth Region, duly issued its complaint and notice
of hearing on September 28, 1938, alleging that respondent had
engaged in and was engaging in unfair labor practices affecting
commerce, within the meaning of Section 8, subdivision (1), and
Section 2, subdivisions (6) and (7) of the National Labor Re-
lations Act. The charges and the complaint, together with a
notice of hearing, were duly served upon respondent and said
hearing was scheduled to begin on October 10, 1938, at San An-
tonio, Texas. Respondent did not file an answer to the Board's
complaint and hereby waives his right to file said answer.. Hear-
ing was held in this matter in San Antonio, Texas, on October
10 and 11, 1938, before Albert Lohm, Trial Examiner duly desig-
nated by the National Labor Relations Board, at which time
the respective parties hereto agreed that further stipulations
would be entered into between them and that such stipulations
DECISIONS AND ORDERS 313
would be made a part of the record in this proceeding by filing
with the Chief Trial Examiner of the National Labor Relations
Board at Washington, D. C.
3. All parties agree that this stipulation may be made a part
of the record in this proceeding by filing with the Chief Trial
Examiner of the National Labor Relations Board at Washing-
ton, D. C.
4. The respondent is and at all times material hereto has been
engaged in the purchase, cracking, shelling, and processing of
pecans and sale of pecan meats, said operations of respondent
being carried on at four plants located in the City of San An-
tonio, Bexar County, Texas. The respondent, in the course and
conduct of his business, causes and has continuously caused a
large part of the pecans and other materials used in the operations
above described to be purchased and transported in interstate
commerce from and through states of the United States other
than the State of Texas to his four aforementioned plants in
the City of San Antonio, Bexar County, Texas, and causes and
has continuously caused the pecan meats processed by him to be
sold and transported in interstate commerce from his said plants
in San Antonio, Bexar County, Texas, to, into and through states
of the United States other than the State of Texas. The re-
spondent agrees and admits that he is engaged in interstate com-
merce within the meaning of the National Labor Relations Act,
and that he is, therefore, subject to the jurisdiction of the National
Labor Relations Board.
5. It is further stipulated and agreed by and between the re-
spective parties hereto that the National Labor Relations Board
upon the record made in this proceeding at San Antonio, Texas,
October 10 and 11, 1938; and upon this stipulation, may forthwith
make jurisdictional findings and enter its Order to the following
effect :
Estanislado Lopez shall:
(a) Cease and desist from in any manner interfering with,
restraining or coercing his employees in the exercise of their
rights to self-organization, to form, join or assist labor organiza-
tions, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
poses of collective bargaining or other mutual aid or protection,
as guaranteed in Section 7 of the National Labor Relations Act.
(b) Cease and desist from interfering with the self -organiza-
tion of his employees by making statements to his employees
adverse to Pecan Workers Local Union No. 172, affiliated with
the United Cannery, Agricultural, Packing and Allied Workers
314 NATIONAL LABOR RELATIONS BOARD
of America , or adverse to any other labor organization of his
,employees.
(c) Cease and desist from threatening Tomasa Aquinez, and
his other employees , with discharge or lay-off because of their
joining or assisting Pecan Workers Local Union No. 172, affiliated
with the United Cannery, Agricultural, Packing and Allied
Workers of America, or any other labor organization of his
employees.
(d) Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
(1) Post and keep posted for a period of at least sixty (60)
days from the date of posting in conspicuous places in his plants
in the City of San Antonio, Texas, copies of this Order, said
copies to be posted in both Spanish and English.
(2) Notify the Regional Director for the Sixteenth Region of
the National Labor Relations Board within ten (10 ) days from
the date of the issuance of the Board Order herein agreed to what
steps respondent has taken to comply with said Order.
6. The respondent expressly consents to the entry by the Fifth
Circuit Court of Appeals of an enforcement order embodying
the terms of the Board's order agreed to above, and all parties
hereby waive further notice of the entry of such enforcement
order.
7. All stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
On October 24, 1938, the Board issued an order approving the stip-
ulation and making it a part of the record in the case , and, acting
pursuant to Article II, Section 37, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, further ordered that
the proceeding be transferred to the Board and continued before it
for the purpose of entry of a decision and order pursuant to the
provisions of the stipulation.
On the basis of the above stipulation , and upon the entire record in
the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent , Estanislado Lopez, doing business as Estanislado
Lopez Pecan Factories and/or Estanislado Lopez Pecan Shelleries, is
engaged in the purchase, cracking , shelling, and processing of pecans
and sale of pecan meats . The respondent operates four plants in
San Antonio, Texas. In the course and conduct of his business, the
DECISIONS AND ORDERS 315
respondent causes and has continuously caused a large part of the
pecans and other materials used therein to be purchased and trans-
ported to said plants from and through States of the United States
other than Texas, and causes and has continuously caused the pecan
meats processed by him to be sold and transported from said plants
through and to States of the United States other than Texas. The
respondent admitted that he is engaged in interstate commerce within
the meaning of the Act and is subject to the Board's jurisdiction.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and commerce among the
several States.
ORDER
On the basis of the above stipulation and findings of fact, and
upon 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 the respondent, Estanislado Lopez, San
Antonio, Texas, shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing his
employees in the exercise of their rights to self-organization, to form,
join or assist labor organizations, to bargain collectively through rep-
resentatives of their own choosing, and to engage in concerted ac-
tivities for the purposes of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Interfering with the self-organization of his employees by
making statements to his employees adverse to Pecan Workers Local
Union No. 172, affiliated with the United Cannery, Agricultural,
Packing and Allied Workers of America, or adverse to any other
labor organization of his employees;
(c) Threatening Tomasa Aquinez and his other employees with
discharge or lay-off because of their joining or assisting Pecan
Workers Local Union No. 172, affiliated with the United Cannery,
Agricultural, Packing and Allied Workers of America, or any other
labor organization of his employees.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act:
(a) Post and keep posted for a period of at least sixty (60) days
from the date of posting in conspicuous places,in his plants in the
city of San Antonio, Texas, copies of this Order, said copies to be
posted in both Spanish and English;
(b) Notify the Regional Director for the Sixteenth Region within
ten (10) days from the date hereof what steps the respondent has
taken to comply herewith.