General Baking Co.

National Labor Relations Board - Board Decisions

Mar 26, 1940

21 N.L.R.B. 1089 (N.L.R.B. 1940)

In the Matter of GENERAL BAKING COMPANY, LOUISVILLE, KEN-
TUCKY 1 and KENTUCKY STATE FEDERATION OF LABOR, AFFILIATED.
WITH THE AMERICAN FEDERATION OF LABOR 2
Case No. C-1502.-Decided March 26, 1940
Baking Industry-Settlement : stipulation providing for compliance with the
Act, including reinstatement of two employees-Order: entered on stipulation.
Mr. Samuel G. Zack, Mr. W. J. Perricelli, and Mr. Oscar Grossman,
for the Board.
Mr. Kenneth Sourer, of Philadelphia, Pa., for the respondent.
Mr. Edw. H. Weyler, of Louisville, Ky., for the Union.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and an amended charge duly filed by the Kentucky
State Federation of Labor, affiliated with the American Federation of
Labor, herein called the Union,3 the National Labor Relations Board,
herein called the.Board, by the Regional Director for the Ninth
Region (Cincinnati, Ohio), issued its complaint, dated January 18;
1940, alleging that General Baking Company, Louisville, Kentucky,
herein called the respondent,4 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
1 The respondent was designated in the pleadings as General Baking Company , Inc , 1406,
W. Broadway , Louisville , Ky As hereinafter appears, it was stipulated by the parties
that the correct name of the respondent is General Baking Company , Louisville , Kentucky
In accordance with said stipulation , the pleadings are amended to designate the respondent
correctly
2 It appears from the stipulation of the parties , hereinafter set forth , that this is the
correct name of the Union , which was designated in the charge , the amended charge, the
complaint and notice of hearing , and other documents filed herein , as Ky State Federation
of Labor, aff . with American Federation of Labor. 206 Tyler Bldg , Louisville, Ky
3 See footnote 2, supra
4 See footnote 1, supra
21 N. L. R. B.. No. 107.
1089
1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the complaint and of an accompanying notice of hearing thereon
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 terminated the employment of
James P. Meagher and Clarence Lacefield, employees at its plant in
Louisville, Kentucky, about April 28 and July 11, 1939, respectively,
and thereafter refused to reinstate them, for the reason that they
assisted the Union in its efforts to organize the employees of the
respondent at said plant, and engaged in concerted activities with
other employees of the respondent for their mutual aid and protec-
tion; (2) that since July 5, 1935, the respondent, for the purpose of
'obstr`ucting and impeding union organization, threatened with dis-
Icharge the employees at its Louisville, Kentucky, plant; and (3) that
the respondent, by the above-described conduct and. by other acts,
interfered with, restrained, and coerced its employees at its Louisville,
Kentucky, plant, in the exercise of the rights guaranteed by Section 7
of the Act.
The respondent filed an answer admitting certain allegations with
respect to its business, and also admitting the termination of the em-
ployment of Meagher and Lacefield, and the fact that neither of said
employees was thereafter reemployed, but denying the commission of
any of the unfair labor practices averred in the complaint.
Pursuant to notice, a hearing upon the complaint was held in
Louisville, Kentucky, on February 19, 1940, before Mortimer Riemer,
the Trial Examiner dilly designated by the Board. Neither the
respondent nor the Union appeared at the hearing and counsel for
the Board, after introducing the formal documents in the case, moved
for indefinite adjournment of the hearing in view of the pendency
of negotiations for a settlement. The Trial Examiner granted the
motion.
On March 1, 1940, the respondent, the Union, and counsel for the
Board entered into a stipulation, subject to the Board's approval, in
settlement of the case. This stipulation reads as follows :
It is hereby stipulated and agreed by and between the General
Baking Company, hereinafter referred to as the Respondent;
Kentucky State Federation of Labor, affiliated with American
Federation of Labor, hereinafter referred to as the Union; and
William J. Perricelli and Oscar Grossman, attorneys for the
National Labor Relations Board, that :
I. On charges duly filed by the Kentucky State Federation of
Labor, affiliated with the American Federation of Labor, the
National Labor Relations Board, by the Regional Director for
the Ninth Region, acting pursuant to authority granted in Sec-
tion 10 (b) of the National Labor Relations Act, 49 Stat. 449,
GENERAL BAKING COMPANY 1091
and its Rules and Regulations, Series 2, Article IV, Section 1,
issued its Complaint containing a Notice of Hearing on. the 18th
day of January, 1940, against the General Baking Company,
Louisville, Kentucky.
II. The Respondent is and has continuously been since the
6th day of June, 1911, a corporation duly organized and existing
under and by virtue of the laws of the State of New York and is
authorized to do business in the State of Kentucky, having one
of its offices, plants, and places of business in the City of Louis-
ville, State of Kentucky, and is now and has been continuously
engaged since on or about the 12th day of June, 1911, at the afore-
said plant in the City of Louisville, State of Kentucky, hereinafter
called the Louisville Plant, in the baking, sale, and distribution
,of bread and roll products.
III. The total purchase of raw and other materials used in
the making of the Respondent's products during the year 1939
amounted to in excess of $145,000.00, $125,000.00 of which was
purchased and transported in interstate commerce from and
through States of the United States, other than the State of
Kentucky, to its Louisville Plant in the State of Kentucky.
During the same period the Respondent's sale of its products
amounted to in excess of $395,000.00, $90,000.00 of which was
sold and transported in interstate commerce from its Louisville
Plant in the State of Kentucky, to, into, and through States of
the United States other than the State of Kentucky.
IV. The Respondent is engaged in interstate commerce within
the meaning of the Act, the decisions of the Board, and the
decisions of the Supreme Court of the United States.
V. This stipulation, together with the Charge, , Complaint
containing Notice of Hearing, Rules and Regulations of the
National Labor Relations Board, and the Respondent's Answer,
may be introduced as evidence by filing them with the Chief
'Trial Examiner of the National Labor Relations Board, Wash-
ington, D. C., designated by said Board.
VI. The taking of testimony or the submission of further evi-
'dence before a Trial Examiner in this matter, the making of
'findings of fact, and conclusions by the Board, pursuant to the
provisions of the National Labor Relations Act, are hereby ex-
pressly waived by the' parties herein, and the Board's Order,
as herein provided, shall have the same force and effect as if
made after a full hearing, presentation of evidence, and the
making of, findings thereon.
VII. The Kentucky State Federation of Labor, affiliated with
,the. American Federation of Labor, is a labor organization
-1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'within the meaning of Section 2, subdivision (5) of the National
Labor Relations Act.
VIII. Upon this stipulation and the pleadings, if approved
by the National Labor Relations Board, an Order may forthwith
be entered by the Board providing as follows :
Respondent, General Baking Company, Louisville, Kentucky,
and 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 purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act.
(b) Discouraging membership in Kentucky State Federation
of Labor, affiliated with the American Federation of Labor, or
any other labor organizations of their employees by discharging
or in any other manner discriminating against their employees
in regard to hire or tenure of employment,,or any condition of
employment of any of their employees by reason of said em-
ployees' membership in the Kentucky State Federation of Labor,
affiliated with the American Federation of Labor, or any other
labor organization of their employees.
2. Take the following affirmative action in order to effectuate
the purposes of the Act :
(a) Immediately offer reinstatement and, upon acceptance of
such offer, reinstate James P. Meagher and Clarence Lacefield
to their former positions, without loss of seniority and without
prejudice to any rights and privileges previously enjoyed by
them ;
(b) Post and keep visible on each of the bulletin boards in
the Respondent's Louisville Plant, for a period of sixty (60)
days after receipt of the approval of this stipulation by the
National Labor Relations Board, copies of the following notice :
NOTICE TO ALL EMPLOYEES
Section 7 of the National Labor Relations Act states
that-
"Employees shall have the right to self-organization, to
form, join, or assist labor organizations, to,bargain collec-
tively through representatives of their own choosing, and to
GENERAL BAKING COMPANY 1093
engage in concerted activities, for the purpose of collective
bargaining or other mutual aid or protection."
It is the policy of this Company to comply both in letter
and in spirit with the provisions -of the National Labor
Relations Act, from which the foregoing is quoted.
GENERAL BAKING COMPANY,
Louisville, Kentucky.
(c) Inform all of its officers, agents, and representatives that
they shall not threaten employees in any manner because of their
membership in any labor organization in general, or the Ken-
tucky State Federation of Labor, affiliated with the American
Federation of Labor, in particular.
(d) Notify the Regional Director of the Ninth Region, in
writing, within ten (10) days from the date of the Order of the
National Labor Relations Board, what steps have been taken to
comply therewith.
IX. It is stipulated and agreed that the appropriate' United
States Circuit Court of Appeals may, upon application of the
National Labor Relations Board, enter a decree enforcing the
aforesaid Order of the Board. This stipulation and any order
or decree issued by the Board or the Circuit Court of Appeals
in this matter shall apply to Respondent's Louisville plant only.
X. It is further stipulated that the true and correct name of
the Respondent is General Baking Company, Louisville, Ken-
tucky. Wherever in the pleadings the Respondent is designated
by any other name the said pleadings shall be amended so as to
conform to the true and correct name.
XI. It is further stipulated and agreed that this stipulation
is subject to the approval of the National Labor Relations Board.
XII. This stipulation contains the entire agreement of the
parties, and there is no verbal agreement of any kind which
varies, alters, or modifies this stipulation.
On March 9, 1940, the Board issued its order approving the fore-
going stipulation and making it a part of the record in the case,
and, in accordance with Article II, Section 36, of National Labor
Relations Board Rules and Regulation-Series 2, as amended, trans-
ferring the case to and continuing it before the Board for the pur-
pose of entry of a decision and order by the Board pursuant to the
provisions of the said stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
283032-41-vol 21-70
1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
General Baking Company, Louisville, Kentucky, a New York cor-
poration, is engaged at its plant in Louisville, Kentucky, in the
baking, sale, and distribution of bread and roll products. During
1939, purchases of materials used in the making of the respondent's
products amounted to over $145,000, $125,000 of which were trans-
ported to the respondent's Louisville plant from points outside the
State of Kentucky. During the same period the respondent's sales
of its products amounted to over $395,000, $90,000 of which were
transported from the respondent's Louisville plant to States other
than the State of Kentucky.
We find that the activities of the respondent alleged in the com-
plaint, occurring in connection with the operations of the respond-
ent described above, have a close, intimate, and substantial relation
to trade, traffic, and commerce among the several States, and tend
to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
IT. THE ORGANIZATION INVOLVED
Kentucky State Federation of Labor is a labor organization af-
filiated with the American Federation of Labor.
ORDER
Upon the basis of the above findings of fact, the above stipula-
tion, and the entire record in the case, and pursuant to Section 10
(c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that the respondent, General Baking Com-
pany, Louisville, Kentucky, and 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 purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act.
(b) Discouraging membership in Kentucky State Federation- of
Labor, affiliated with the American Federation of Labor, or any
other labor organizations of their employees by discharging or in
any other manner discriminating against their employees in regard
GENERAL BAKING COMPANY 1095
to hire or tenure of employment , or any condition of employment
of any of their employees by reason of said employees ' membership
in the Kentucky State Federation of Labor, affiliated with the Amer-
ican Federation of Labor, or any other labor organization of their
employees.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Immediately offer reinstatement and, upon acceptance of such
offer, reinstate James P. Meagher and Clarence Lacefield to their
former positions , without loss of seniority and without prejudice to
any rights and privileges previously enjoyed by them;
(b) Immediately post, if, it has not already done so, and keep
visible for a period of sixty ( 60) days after the date of posting,
on each of the bulletin boards in the respondent 's Louisville plant,
copies of the following notice :
NOTICE TO ALL EMPLOYEES
Section 7 of the National Labor Relations Act states that-
"Employees shall have the 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 the purpose of collective bargaining or other
mutual aid or protection."
It is the policy of this Company to comply both in letter and
in spirit with the provisions of the National Labor Relations
acct, from which the foregoing is quoted.
GENERAL BAKING CO_IMPANY,
Louisville , Kentucky.
(c) Inform all of its officers , agents, and representatives that they
shall not threaten employees in any manner because of their mem-
bership in any labor organization in general , or the Kentucky State
Federation of Labor, affiliated with the American Federation of
Labor, in particular.
(d) Notify the Regional Director of the Ninth Region, in writing,
within ten ( 10) days from the date of this Order, what steps have
been taken to comply herewith.