Fort Dodge Serum Co.

National Labor Relations Board - Board Decisions

Mar 16, 1942

39 N.L.R.B. 837 (N.L.R.B. 1942)

In the Matter of FORT DODGE SERUM COMPANY and UNITED PACKING-
HOUSE WORKERS OF AMERICA, LOCAL 128, AFFILIATED WITH THE
C.I.O.
Case No. C-2127.-Decided March 16, 1942
Jurisdiction : pharmaceuticals manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Henry W. Lehmann, for the Board.
Mr. H. P. Lefler, of Fort Dodge, Iowa, for the respondent.
Mr. Libero Birocci, of Fort Dodge, Iowa, for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by the United Pack-
inghouse Workers of America, Local 128, affiliated with the C. I. 0.,
herein called the Union, the National Labor Relations Board, herein
called the Board, by the Regional Director for the Eighteenth Region
(Minneapolis, Minnesota) issued its complaint dated February 21,
1942, against Fort Dodge Serum Company, Fort Dodge, Iowa, 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. Copies of the complaint were duly served upon the Union and
the respondent.
Concerning the unfair labor practices, the complaint alleged in
substance that the respondent (1) about December 1940 instigated
and inaugurated the formation of Fort Dodge Serum Company Em-
ployees Union, herein called the Independent, contributed support
to the Independent, and dominated and interfered with the adminis-
tration of the Independent and Independent Employees Organization
of Fort Dodge Serum Company and its Subsidiaries, as the Inde-
pendent became known about January 1941; (2) discharged or laid
39 N. L. R. B., No. 164.
837
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
off Harold McBride, B. R. Ernst, and L. J. Lillskau in January 1941
and thereafter refused to reinstate them because of their membership
in and activity in behalf of the Union; and (3) by the.foregoing acts
and by urging, advising, and warning its employees not to become or
remain members of the Union, by interrogating employees about the
Union, by advising employees that organization of the Union would
be disadvantageous to older employees, and by making derogatory
remarks concerning the Union, interfered with, restrained, and co-
erced its employees in the exercise of the rights guaranteed in Section
7 of the Act.
On February 24, 1942, prior to the issuance of a notice of hearing-
,in the case, the respondent, the Union, and counsel for the Board
entered into a.sipulation in settlement of the case. The stipulation
provides as follows :
IT IS HEREBY STIPULATED AND AGREED by and between Fort Dodge
Serum Company, Fort Dodge, Iowa, hereinafter called the re-
spondent; and United Packinghouse Workers of America, Local
128, affiliated with the C. 1. 0., such labor organization hereinafter
referred to as the Union; and Henry W. Lehmann, as attorney for
the National Labor Relations Board, that :
I
Upon charges and amended charges duly filed by the Union,
the National Labor Relations Board, hereinafter called the Board,
by the Regional Director of the Eighteenth Region, issued its
Complaint dated February 21, 1942, against the respondent, stat-
ing the charges and alleging that the respondent had engaged in,
and was engaging in, unfair labor practices affecting commerce
within the meaning of Section 8, subdivisions (1), (2), and (3),
,and Section 2, subdivisions (6) and (7) of the National Labor
Relations Act, 49 Stat. 449. On February 23, 1942, the said Com-
plaint was duly served on the respondent and on the Union,
receipt of service being hereby acknowledged.
II
Without admitting that the unfair labor practices alleged in
the Complaint have been committed, the respondent now joins in
this Stipulation and agreement to the end that this matter may
be amicably settled.
III
All the parties hereto waive the right to notice of hearing,
hearing, the taking of testimony or'the submission of evidence,
the making of findings of fact or, conclusions of law by the Na-
FORT DODGE SERUM COMPANY 839
tional Labor Relations Board, or to any other or further proceed-
ings preliminary to the issuance of an order herein under the
National Labor,Relations Act or the Rules and Regulations of
the National Labor Relations Board.
IV
The Charges, Amended Charges, Complaint, and this Stipula-
tion shall constitute the entire record in this proceeding. Said
documents shall be entered in and made a part of the record
herein by filing with the Chief Trial Examiner of the National
Labor Relations Board at Washington, D. C.
V
The respondent is now, and has been at all times since May 13,
1932, a corporation organized under and existing by virtue of the
laws of the State of Delaware . Since May 13, 1932, the corpo-
ration has been licensed to do business in the State of Iowa. The
principal office and place of business of the respondent is located
in Fort Dodge and in Webster County, State of Iowa. The
respondent is principally engaged in the manufacture , sale, and
distribution of pharmaceuticals such as sulfanilamide and lini-
ments, and biological products , such as vaccines and anti-hog
cholera serum and other veterinary medicines . In the course
and conduct of its business , the respondent purchases machinery,
fuel, drugs , chemicals , glassware and live animals , such as horses,
cattle, pigs, sheep, rabbits , white mice , guinea pigs , dogs, and
foxes. During 1941, the respondent 's total purchases amounted
to approximately $350,000, of which $230 ,000, or approximately
62 per cent, were purchased in States other than Iowa. During
the same period , the respondent 's gross sales of pharmaceuticals,
biological products , and other veterinary medicines which it man-
ufactured amounted to over $1 ,000,000 . The total value of such
manufactured products sold by the respondent during the afore-
said period of time and transported from its places of business in
Fort Dodge and Webster County , Iowa, to points of destination
outside of the State of Iowa amounted to approximately $400,000.
The materials purchased by the respondent are transported to
its places of business in Fort Dodge and Webster.County prin-
cipally by railroad and truck . The products manufactured by
the respondent are transported from such places of business in
Fort Dodge and Webster County , Iowa, to the purchasers thereof
principally by railroad or truck. The respondent employs
approximately 175 people.
I
840 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
For this proceeding only, the respondent stipulates to the above
facts and admits that the operations of the respondent occur in
commerce within the meaning of Section 2, subdivisions (6) and
(7) of the Act.
VI -
United Packinghouse Workers of America, Local 128, is a labor
organization within the meaning of Section 2, subdivision (5)
of the Act.
The Independent Employees Organization of the Fort Dodge
Serum Company and its Subsidiaries, unaffiliated with any na-
tional labor organization and, hereinafter referred to as the Suc-
cessor Independent, is a labor organization within the morning
of the Act.
VII
All of the parties hereto expressly consent and agree that upon
this Stipulation and the record herein, and without further notice
or proceedings herein, the National Labor Relations Board may
enter an order providing as follows :
1. The respondent, Fort Dodge Serum Company, its officers,
agents, successors, and assigns shall cease and desist from : .
(a) In any manner dominating or interfering with the ad-
ministration of the organization of the respondent's employees
heretofore existing, known as Independent Employees Organi-
zation of the Port Dodge Serum Company and its Subsidiaries,
hereinafter referred to as the Independent, or with the formation
or administration of any other labor organization of its em-
ployees, and from contributing support to the Independent or
any other labor organization of its employees;
(b) Recognizing the Independent as the representative of any
of its employees for purposes of dealing with the respondent
concerning grievances, labor disputes, wages, rates of pay, hours
of employment, and other conditions of work;
(c) Discouraging membership in the Union or any other labor
organization of its employees, or discharging, laying off, or re-
fusing reinstatement to any of its employees, or in any other
manner discriminating in regard to hire and tenure of employ-
ment or any terms and conditions of employment;
(d) In any other manner interfering with, restraining, and
coercing its employees in the exercise of the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, or to
engage in concerted activities for the purposes of collective bar-
FORT DODGE SERUM COMPANY 841
gaining or other mutual aid and protection, as guaranteed in
Section 7 of the Act.
2. The respondent; Fort Dodge Serum Company, its officers,
agents, successors, or assigns shall take the following affirmative
action to effectuate the policies of the Act:
(a) Make whole L. J. Lillskau for any loss of wages which
he may have suffered by reason of his discharge on or about
January 17, 1941, by the payment to him of the sum of. Twenty-
six and 11/100 Dollars ($26.00) ; 1 B. R. Ernst for any, loss
which he may have suffered by reason of his discharge,on or
about January 17, 1941, by the payment to him of the sum of
One Hundred and One and 70/100 Dollars ($101.70)'; and Har-
old McBride for any loss which he may have suffered by reason
of his discharge on or about January 10, 1941, by the payment
to him of the sum of One Hundred and Fifty Dollars ($150.00) ;
(b) Offer to B. R. Ernst and Harold McBride, and to each
of them, immediate and full reinstatement to their former, or
substantially equivalent, positions without prejudice to their
seniority or other rights and privileges;
(c) Post immediately notices to its employees in conspicuous
places throughout its premises, including its laboratories in Fort
Dodge, Iowa, and its barns and lands in Webster County, Iowa,
identical with the form of the notice set forth in Appendix A
attached hereto and made a part hereof, and maintain such
notices for a period of not less than sixty (60) consecutive days
from the date of posting;
(d) Notify the Regional- Director for the Eighteenth Region
within ten (10) days from the date of this order what steps
the respondent has taken to comply herewith and further notify
the Regional Director for the Eighteenth Region in writing,
when respondent has completed the affirmative action provided
for herein, what further steps the respondent has taken to
comply herewith.
Since about September 22, 1941, the Successor Independent
has ceased all its activities and functions as a labor organiza-
tion, or otherwise, and has been dissolved and abandoned by the
respondent's employees. Attached hereto and made a part
hereof as Appendix B is a copy of an affidavit signed by the
president and secretary of the Successor Independent, stating,
among other things, that the Successor Independent did dissolve
and no longer exists?
i It is apparent that the correct figure should be $26 . 11, and we shall so provide in our
Order.
' The affidavit is not set forth in this Decision and Order.
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIII
All of the parties hereto expressly consent and agree that,
upon application of the National Labor Relations Board, the
appropriate United States Circuit Court of Appeals shall enter
a decree enforcing the order hereinabove agreed to in the form
and terms hereinabove set forth, and hereby expressly waive
any right to contest the entry of said decree or to receive fur-
ther notice of the application for or entry of said decree, pro-
vided that a copy of said decree shall be served upon the
Respondent after its entry.
IX
This Stipulation and all agreements made herein are subject
to the approval of the National Labor Relations' Board, and this
Stipulation shall become effective immediately upon notice to
the parties of the granting of such approval. Should the Na-
tional Labor Relations Board fail to approve this Stipulation
within twenty-one (21) days from the date of signing thereof,
this Stipulation shall be null and void and of no effect.
X
This Stipulation constitutes the entire agreement between the
parties hereto, and no verbal agreement of any kind has been
made which alters, detracts from, or adds to this Stipulation.
On March 6, 1942, the Board issued an order approving the above
stipulation, 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 entering 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
I. TIIE BUSINESS OF THE RESPONDENT
Fort Dodge Serum Company, a Delaware corporation, has its
principal office and place of business at Fort Dodge, Iowa. It is
engaged in the manufacture, sale, and distribution of pharmaceuti-
cals, biological products, and other veterinary medicines. In the
course and conduct of its business, the respondent purchases machin-
ery, fuel, drugs, chemicals, glassware, and live animals . During
FORT DODGE SERUM COMPANY 843
1941, the respondent's total purchases amounted to approximately
$350,000, of which $230,000 or approximately 62 per cent were pur-
chased in States other than the State of Iowa and shipped in inter-
state commerce to the respondent's place of business in Fort Dodge
from outside the State of Iowa. During the same period, the re-
spondent's gross sales of manufactured products amounted to more
than $1,000,000, and approximately $400,000 worth of said products
were sold and shipped from the Fort Dodge plant to concerns in
States other than the State of Iowa. The respondent admits that
its operations affect commerce within the meaninm of the Act.
We find that the above-described operations of the respondent
constitute a continuous flow of trade, traffic, and commerce among
the several States.
ORDER
Upon the basis of the above findings of fact, the 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:
1. The respondent, Fort Dodge Serum Company, its officers, agents,
successors, and assigns, shall cease and desist from :
(a) In any manner dominating or interfering with the admin-
istration of the organization of the respondent's employees hereto-
fore existing, known as Independent Employees Organization of the
Fort Dodge Serum Company and its Subsidiaries, hereinafter re-
ferred to as the Independent, or with the, formation or administra-
tion of any other labor organization of its employees, and from con-
tributing support to the Independent or any other labor organization
of its employees;
(b) Recognizing the Independent as the representative of any of
its employees for- purposes of dealing with the respondent concern-
ing grievances, labor disputes, wages, rates of pay, hours of employ-
ment, and other conditions of work.;
(c) Discouraging membership in the Union or any other labor
organization of its employees, or discharging, laying off, or refusing
reinstatement to any of its employees, or in any other manner dis-
criminating in regard to hire and tenure of employment or any
terms and conditions of employment;
(d) In any other manner interfering with, restraining; and co-
ercing its employees in the exercise of the right to self-organization,
to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, or' to engage in con-
certed activities for the purposes of collective bargaining or other
mutual aid and protection, as guaranteed in Section 7 of the Act.
2. The respondent, Fort Dodge Serum Company, its officers, agents,
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
successors, or assigns, shall take the following affirmative action to
effectuate the policies of the Act :
(a) Make whole L. J. Lillskau for any loss of wages which he
may have suffered by reason of his discharge on or about January
17, 1941, by the payment to him of the sum of Twenty-six and
11/100 Dollars ($26.11) ; B. R. Ernst for any loss which he may
have suffered by reason of his discharge on or about January 17,
1941, by the payment to him of the sum of One Hundred and One
and 70/100 Dollars ($101.70) ; and Harold McBride for any loss
which he may have suffered by reason of his discharge on or about
January 10, 1941, by the payment to him of the sum of One Hundred
and Fifty Dollars ($150.00) ; ' -
(b) Offer to B. R. Ernst and Harold McBride, and to each of
them, immediate and full reinstatement to their former, or sub-
stantially equivalent, positions without prejudice to their seniority
or other rights and privileges;
(c) Post immediately notices to its employees in conspicuous
places throughout its premises, including its laboratories in Fort
Dodge, Iowa, and its barns and lands in Webster County, Iowa,
identical with the form of the notice set forth in Appendix A at-'
tached hereto and made a part hereof, and' maintain such notices
for a period of-not less than sixty (60) consecutive days from the
date of posting;
(d) Notify the Regional Director for the Eighteenth Region
within ten (10) days from the date of this order what steps the
respondent has taken to comply herewith and further notify the
Regional Director for the Eighteenth Region in writing, when re-
spondent has completed the affirmative action provided for herein,
what further steps the respondent has taken to comply herewith.
Ma. WM. M. LEISERSON took no part in the consideration of the
above Decision and Order.
'APPENDIX A
NOTICE
1. Fort Dodge Serum Company will not in any manner interfere
with, restrain, or-coerce its employees in the exercise of their right
to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, to engage in con
certed activities for the purpose of collective bargaining or other
mutual 'aid or protection.
2. Fort Dodge Serum Company will not, dominate or interfere
with the administration of Independent Employees Organization of
the Fort Dodge Serum Company and its Subsidiaries, or with the
FORT DODGE SERUM COMPANY 845
formation or administration of any labor organization of its em-
ployees, and will not contribute financial or other support to Inde-
pendent Employees Organization of the Fort Dodge Serum Company
and its Subsidiaries, or any other labor organization of its employees.
3. Fort Dodge Serum Company will not recognize Independent
Employees -Organization of, the Fort Dodge Serum Company and
its Subsidiaries as the representative of any of its employees for the
purpose of dealing with the company concerning grievances, labor -
disputes, rates of pay, wages, hours of employment, and other
conditions of work.
4. Fort Dodge Serum Company will not discourage membership in
United Packinghouse Workers of America, Local 128, affiliated with
the C. I. 0., or any other labor organization of its employees, by dis-
charging, laying off, or refusing to reinstate any of its employees, or
in any other manner discriminate with regard to its employees' hire
or tenure' of employment, or any term or condition of their' employ-
ment, because of their membership in or affiliation with United Pack-
inghouse Workers of America, Local 128, affiliated with the C. I. 0.,
or any other labor organization.
5. The employees of Fort Dodge Serum Company are free to be-
come or remain members of United Packinghouse Workers of Amer-
ica, Local 128, affiliated with the C. I. 0., and Fort Dodge Serum
Company will not discriminate against any employees because of
membership or activity in that organization.