F. G. Vogt & Sons, Inc.

National Labor Relations Board - Board Decisions

Jul 12, 1938

8 N.L.R.B. 223 (N.L.R.B. 1938)

In the Matter of F. G. VOLT & SONS, INC. and UNITED FOOD WORKERS
INDUSTRIAL UNION, LOCAL 107
Case No. C-576.-Decided July 10, 1938
Meat Packing Industry-Settlement: stipulation providing for reinstatement
and back pay , and withdrawal of recognition of company -dominated union-
Order: entered on stipulation.
Mr. Jerome I. Macht, for the Board.
Saul, Ewing, Rennick & Saul, by Mr. Earl G. Harrison and Mr.
Harry E. Sprogell, of Philadelphia, Pa., for the respondent.
Syme, Simons e6 Ziserman, by Mr. Nathan Ziserman, of Philadel-
phia, Pa., for the Union.
Mr. John A. Mullican, of Philadelphia, Pa., for the Association.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
A charge and amended charges having been filed by United Food
Workers Industrial Union, Local 107, herein called the Union, tho
National Labor Relations Board, herein called the Board, by John E.
Johnson, Acting Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania), issued its complaint, dated April 15, 1938,
against F. G. Vogt & Sons, Inc., Philadelphia, Pennsylvania, herein
called the respondent, alleging that the respondent had engaged in and
was engaging in unfair labor practices affecting commerce within the
meaning of -Section 8 (1), (2), and (3) and Section 2 (6) and (7) of
the National Labor Relations Act, 49 Stat. 449, herein called the-Act.
The complaint and notice of hearing thereon were duly served upon the
respondent, the Union, and Employees Collective Co-operative Asso-
ciation, herein called the Association.
With respect to the unfair labor practices, the complaint alleged, in
substance, that the respondent, by permitting its supervisory officials
to circulate membership cards, notices, and petitions for the Associa-
tion among its employees, to collect dues for the Association, and to
threaten its employees with loss of their jobs if they did not join the
Association, and by other acts, dominated and interfered with the for-
8 N. L. R. B., No. 26.
223
224 NATIONAL LABOR RELATIONS BOARD
mation and administration of the Association; that, following a strike
among the respondent's employees brought about by the respondent's
activities described above, the respondent terminated the employment
of 18 named employees because they engaged in concerted activities
with other employees at its Philadelphia Plant, for the purposes of
collective bargaining and other mutual aid and protection; and that
the respondent by all the acts set forth above interfered with, re-
strained, and coerced its employees in the exercise of their rights
guaranteed in Section 7 of the Act.
On'April 20, 1938, the said Acting Regional Director granted the
respondent an extension of time in which to file its answer. On April
21, 1938, the said Acting Regional Director denied the respondent's
petition for a continuance of the hearing. On the same date the Asso-
ciation petitioned to intervene in the proceeding. This petition was
granted on April 22, 1938. On April 25, 1938, the respondent filed its
answer in which it admitted the allegations concerning the nature and
scope of its business but denied the allegations of unfair labor
practices.
Pursuant to notice, a hearing was held on April 25, 26, and 28, 1938,
at Philadelphia, Pennsylvania, before Herbert A. Lien, the Trial Ex-
aminer duly designated by the Board. All parties were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties.
On April 25, 1938, counsel for the Board and counsel for the re-
spondent entered into a stipulation concerning the nature and scope
of the respondent's business. This stipulation was admitted into the
record without objection from any party.
On April 28, 1938, the respondent, the Union, the Association, and
counsel for the Board entered into a stipulation in settlement of the
case, in which the respondent and the Association agreed to the entry
of a consent order by the Board, upon its approval of the stipulation.
This stipulation was received in evidence without objection.
During the course of the hearing the Trial Examiner made sev-
eral rulings, in addition to those mentioned above, on motions and
objections to the admission of evidence. The Board has reviewed
the rulings made by the Trial Examiner and those made by the
Acting Regional Director prior to the hearing and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
On April 29, 1938, the Acting Regional Director duly notified all
parties to the proceeding that the Board had approved the said
stipulation. On May 4, 1938, pursuant to Article II, Section 37,
of National Labor Relations Board Rules and Regulations-Series
1, as amended, the case was duly transferred to the Board.
DECISIONS AND ORDERS 225
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent is a Pennsylvania corporation, engaged in the
slaughtering of livestock, and the processing of meat products. It
has its principal office and plant in Philadelphia, Pennsylvania,
where it employs about 500 workers.
In the course of its operations the respondent purchases live hogs,
cattle, boneless beef, fresh ham, fresh bacon, and other fresh meats.
During the year 1937, the value of the respondent's purchases of
these raw materials was between $6,000,000 and $8,000,000. Ap-
proximately 85 per cent of 'these purchases were shipped into the
State of Pennsylvania from other States. During the same year
the respondent processed meat products valued at between $7,000,000
and $9,000,000. Forty per cent of the meat products were shipped
to States other than the State of Pennsylvania and to foreign
countries.
We find that the respondent's operations at its Philadelphia,
Pennsylvania, plant constitute a continuous flow of trade, traffic,
and commerce, among the several States and with foreign countries.
II. THE BASIS OF SETTLEMENT
The stipulation concerning the order the Board might enter in
the case provides as follows:
It is hereby stipulated by and between F. G. Vogt & Sons,
Inc., respondent herein; United Food Workers Industrial
Union, Local 107, a party herein; Employees Collective Co-
operative Association, a party herein ; and the National Labor
Relations Board, that upon the record herein and upon this
stipulation, if approved by the National Labor Relations Board,
an order may forthwith be entered by said Board and by the
United States Circuit Court of Appeals for the Third Circuit,
providing as follows :
1. Respondent, F. G. Vogt & Sons, Inc., a corporation, its offi-
cers, agents, successors and assigns shall cease and desist :
(a) from in any manner interfering with, restraining, or
coercing its employees in the exercise of their rights 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 purpose
of collective bargaining or other mutual aid or protection, as
guaranteed in section 7 of the Act;
226 NATIONAL LABOR RELATIONS BOARD
(b) from discouraging membership in the United Food
Workers Industrial Union, Local 107, or any other labor or-
ganization of its employees, or encouraging membership in the
Employees Collective Co-operative Association, or 'any other
labor organization of its employees, by discriminating against
employees in regard to hire or tenure of employment or any
condition of employment;
(c) from in any manner dominating or interfering with the
administration of the Employees Collective Co-operative As-
sociation, or with the formation or administration of any
other labor organization of its employees, and from contribut-
ing aid or support to said organization; from recognizing or
dealing in any manner with the Employees Collective Co-
operative Association, or any group purporting to represent
said organization; or from forming or maintaining any groups
or designating any individuals to act as the representatives of
the employees for the purposes of collective bargaining respect-
ing any of the terms or conditions of employment ;
(d) from giving effect to its contracts with the Employees
Collective Co-operative Association.
2. Employees Collective Co-operative Association will upon
entry of this order by the Board disestablish itself as a collec-
tive bargaining agency and shall on said date wholly terminate
its existing collective bargaining relations with the respondent,
F. G. Vogt & Sons, Inc.
3. The Employees Collective Co-operative Association will
notify each of its members of said disestablishment within ten
(10) days from the making of an order herein by the National
Labor Relations Board.
4. It is further stipulated that the Board may order the re-
spondent to take the following affirmative action to effectuate
the purposes of the National Labor Relations Act:
That the respondent shall,
(a) offer to each of the employees named in Schedule A 1
annexed hereto and made a part hereof, on or about May 2, 1938,
or upon notification of approval of this stipulation by the Na-
tional Labor Relations Board, immediate and full reinstatement
to their former positions without loss of seniority and without
prejudice to any rights and privileges previously enjoyed by
them and which are now enjoyed by those presently employed
in like positions, and shall, upon their application in the cus-
I Schedule A of the stipulation , being identical with schedule A of the Board 's order
herein, does not appear in the Decision.
DECISIONS AND ORDERS 227
tomary manner for employment with respondent, so reinstate
them ;
(b) make whole each of the persons named in Schedule A for
the loss of pay suffered, by payment to each of them, respectively,
on or before May 9, 1938, or one week after the approval of this
stipulation by the Board, the sum set forth following his or her
name, which sum is in full payment for the amount which each
would have earned as wages from September 24, 1937 to said date
of payment;
(c) withdraw all recognition from the Employees Collective
Co-operative Association, as the representative of its employees
or any of them for the purpose of dealing with the respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or other conditions of employment; and dis-
establish said Employees Collective Co-operative Association ;
(d) inform each and every one of its employees that the
contracts entered into on or about August 9, 1937, and on or about
September 28, 1937, and all other contracts with the, Employees
Collective Co-operative Association are null and void and that
respondent will discontinue said contracts as a term or condition
of employment, and will desist in any manner from giving effect'
to said contracts;
(e) inform in writing the officers of the Employees Collective
Co-operative Association that the respondent will not in any
manner deal with or recognize the Association ;
(f) inform all of its officials and agents, including superin-
tendents, foremen and other supervisory employees that they
shall not in any manner approach employees concerning, or dis-
cuss with the employees, the question of their labor affiliation,
or threaten employees in any manner because of their member-
ship in any labor organization in general, or the United Food
Workers Industrial Union, Local 107, in particular;
(g) post and keep visible, in a prominent place in each de-
partment of respondent's plant for a period of thirty (30) days
after receipt, copies of the order to be entered by the National
Labor Relations Board;
(h) respondent shall notify the Acting Regional Director for
the Fourth Region, of compliance with the foregoing order
within thirty (30) days from the date of its entry by the Board.
5. It is further stipulated and agreed ' between the parties
hereto that the rates of pay and hours of work now existing
in the plant of the respondent shall not be changed by virtue
of this agreement.
117213-39-vol. 8---16
- 228 NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact and stipulation and
the entire record in the proceeding, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that F. G. Vogt & Sons, Inc., Philadelphia,
Pennsylvania, 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 rights 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 Act;
(b) Discouraging membership in the United Food Workers In-
dustrial Union, Local 107, or any other labor organization of its
employees, or encouraging membership in the Employees Collective
Co-operative Association, or any other labor organization of its
employees, by discriminating against employees in regard to hire
or tenure of employment or any condition of employment;
(c) In any manner dominating or interfering with the administra-
tion of the Employees Collective Co-operative Association, or with
the formation or administration of any other labor organization of its
employees, and from contributing aid or support to said organization;
from recognizing or dealing in any manner with the Employees
Collective Co-operative Association, or any group purporting to
represent said organization; or from forming or maintaining any
groups or designating any individuals to act as the representatives
of the employees for the purposes of collective bargaining in respect
of any of the terms or conditions of employment;
(d) Giving effect to its contracts with the Employees Collective
Co-operative Association.
2. Take the following affirmative -action, which the Board finds
will effectuate the policies of the Act :
(a) Offer to each of the employees named in schedule A annexed
hereto and made a part hereof immediate and full reinstatement to
their former positions without loss of seniority and without prejudice
to any rights and privileges previously enjoyed by them and which
are now enjoyed by those presently employed in like' positions, and
upon their application in the customary manner for employment
with the respondent, so reinstate them;
(b) Make whole each of the persons named in schedule A for the
loss of pay suffered, by payment to each of them, respectively, the
sum set forth following his or her name, which sum is in full pay-
DECISIONS AND ORDERS 229
ment for the amount which each would have earned as wages from
September 24, 1937, to May 9, 1938;
(c) Withdraw all recognition from the Employees Collective- Co-
operative Association, as the representative of its employees or any
of them for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of employment; and disestablish said Employees
Collective Co-operative Association;
(d) Inform each and every one of its employees that the contracts
entered into on or about August 9, 1937, and on or about September
28, 1937, and all other contracts with the Employees Collective Co-
operative Association are null and void and that respondent will
discontinue said contracts as a term or condition of employment, and
will desist in any manner from giving effect to said contracts;
(e) Inform in writing the officers of the Employees Collective
Co-operative Association that the respondent will not in any manner
deal with or recognize the Association ;
(f) Inform all of its officials and agents, including superintend-
ents, foremen, and other supervisory employees, that they shall not
in any manner approach employees concerning, or discuss with the
employees, the question of their labor affiliation, or threaten em-
ployees in any manner, because of their membership in any labor
organization in general, or the United Food Workers Industrial
Union, Local 107, in particular;
(g) Post and keep visible in "a prominent place in each department
of the respondent's plant for a period of thirty (30) days after
receipt, copies of this order;
(h) Notify the Acting Regional Director for the Fourth Region, of
compliance with this order within thirty (30) days from the date
of its entry by the Board.
SCHEDULE A
Bernard Grimes --------------- 169.26
Herman Mack ----------------- 58. 95
John Kobron----------------- - 221.50
Anna Brown------------------ 99.87
Gustav Bauman--------------- 8.82
Carl Bauman------------------ 285.60
Anna Grimes------------------ 100.89
Helen Grimes----------------- 128.10
Gus Radu-------- ------------- 118.59
Josephine Shieder------------- 178.02
Charles W. Goerig------------ 278.85
Frank Wlazlowicz------------- 321.87
Rudolph Willers--------------- 216 33
Stanley Domzalski------------ 101.43
Joseph Poelt------------------ 273.30
Ludwick Louis Gocek---------- 321.93
Peter Noel____________________ 212.76
Steven Huchler--------------- 84.15
Frank Williams --------------- 222.93