George Benz Sons, Inc.

National Labor Relations Board - Board Decisions

May 29, 1940

24 N.L.R.B. 144 (N.L.R.B. 1940)

In the Matter of GEORGE BENZ SONS, INC. and WAREHOUSE EMPLOYEES
UNION, LOCAL 503 (A. F. OF L.) and BENZ INSIDE PLANT EMPLOYEES
ASSOCIATION, PARTY OF THE CONTRACT
Case No. C-1580.-Decided May 29, 1940
Alcoholic Beverage Distributing Industry-Settlement : stipulation providing
for compliance with the Act, including disestablishment and abrogation of
contract with company-dominated union-Order: entered on stipulation.
Mr. Robert J. Wiener, for the Board.
Mr. W. H. Smith, of St. Paul, Minn., for the respondent.
Mr. Bernard L. Simmer and Mr. Donald C. Casseday, of St. Paul,
Minn., for the Union.
Mr. Dudley; Warner and Mr. Lloyd Sch mitt, of St. Paul , Minn.,
for the Association.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by Warehouse Employees Union, Local
503, of the Brotherhood of Teamsters, Chauffeurs, Stablemen, &
Helpers of N. A., affiliated with the A. F. of L., herein called
the Union, the National Labor Relations Board, herein called
the Board, by its Regional Director for the Eighteenth Region
(Minneapolis, Minnesota), issued a complaint dated May 8, 1940,
against George Benz Sons, Inc., St. Paul, Minnesota, 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) and (2) and Section 2 (6) and (7) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent: (1) during July or August 1937,
and thereafter, instigated the formation of a labor organization
known as Benz Inside Plant Employees Association, herein called
the-Association, and dominated and ,.interfered with its administra-
24 N. L . R. B., No. 4.
144
GEORGE BENZ SONS, INC. 145
tion and contributed financial and, other, support. to it,-and otherwise
fostered'and encouraged its formation and growth; (2) since July
1.937 advised, urged, threatened, and warned its employees to join
the Association and to refrain from joining or remaining members
of the Union; (3) on or about September 1, 1937, entered into an
exclusive bargaining contract with the Association; and (4) by these
and other acts, interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act.
On May 8, 1940, the complaint, accompanied by a notice of hearing,
was duly served on the respondent, on the Union, and on the Associa-
tion. These parties, together with the Regional Director for the
Eighteenth Region, thereupon on the same day entered into a stipu-
lation, subject to the Board's- approval, in settlement of the case.
This stipulation provides as follows :
It is hereby stipulated and agreed for the purpose, and only
for the purpose, of this cause by and between George Benz Sons,
Inc., the Respondent herein, and Warehouse Employees Union,
Local 503, of the Brotherhood of Teamsters, Chauffeurs, Stable-
men & Helpers of N. A., affiliated with the A. F. of L., the
complaining, union herein, and Benz Inside Plant Employees
Association, party to the contract, and Robert J. Wiener, Re-
gional Director for the Eighteenth Region of the. National Labor
Relations Board,.as follows :
1. Charges were filed by Warehouse Employees Union, Local
503, of the Brotherhood of Teamsters, Chauffeurs, Stable-
men & Helpers of N. A., affiliated with the A. F. of L., with the
Eighteenth Regional Office of the National Labor Relations
Board alleging that the Respondent, George Benz Sons, Inc.,
had violated Section 8, subsections (1) and (2) of the National
Labor Relations Act. Thereafter on May 8, 1940, the National
Labor Relations Board, through Robert J. Wiener, Regional
Director for the Eighteenth Region, duly issued its Complaint
and Notice of Hearing alleging that Respondent had engaged in
and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8 (1) and (2) and Section 2 (6)
and -(7) of the National Labor Relations Act (49 Stat. 449).
The charges and the Complaint, together with the Notice of
Hearing, were duly served upon the Respondent and on Ware-
house Employees Union, Local No. 503, and on Benz Inside Plant
Employees Association, on May 8, 1940, and said hearing was
scheduled to begin on May 27, 1940, at the United States Post
Office and Court House, West Fifth and Market Streets, St.
Paul, Minnesota. The Respondent did not file an Answer to the.
Board's Complaint and hereby waives its right to file said
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Answer, but in so doing, does not admit the truth of the allega-
tions of the Complaint or any of them, except where' expressly
admitted herein, and then only for the purposes of this cause.
2. The Respondent is a corporation organized under and exist-
ing by virtue of the laws of the State of Minnesota. The prin-
cipal offices of the Respondent are located at 367-377 Grove
Street, St. Paul, Minnesota. The Respondent owns and operates
a warehouse and place of business in St. Paul, Minnesota, at
which it is now, and has been continuously since January 1934,
engaged in the business of rectifying, bottling, storing, selling,
and distributing wines, spirituous liquors, and other alcoholic
beverages. The Respondent, in the course and conduct of its
business and in the operation of its warehouse in St. Paul, Minne-
sota, causes and has continuously caused all of the raw materials
used by it in said business, consisting principally of whisky,
brandy, wine, gin, neutral spirits, and other liquors and alcoholic
beverages and bottles, to be purchased and transported in inter-
state commerce from, into, and through various and several States
of the United States other than the State of Minnesota and from
foreign countries to the Respondent's place of business in the
State of Minnesota. The aforesaid raw materials amount to
approximately $1,000,000 worth annually. The Respondent, in
the course and conduct of its business and in the operation of
its warehouse, causes and has continuously caused large quanti-
ties of the products sold and distributed by the Respondent, con-
sisting principally of whiskies, wines, gins, cordials, brandies,
cognacs, champagnes, liquors, and other alcoholic beverages, to
be sold and transported in ' interstate commerce from the Re-
spondent's warehouse in the State of Minnesota to, through, and
into States of the United States other than the State of Minne-
sota. The aforesaid products so sold and transported constitute
approximately '5 per cent of the total value of the products sold
or distributed by the Respondent from its St. Paul warehouse.
The total value of the products sold or distributed by the Re-
spondent from the St. Paul warehouse is approximately $1,800,000
worth annually. The Respondent agrees and admits that 'it is
engaged in interstate commerce within the meaning of Section 2,
subdivisions (6) and (7), of the National Labor Relations Act,
and that Respondent is subject to the provisions of the National
Labor Relations Act and the jurisdiction of the National Labor
'Relations Board. All parties hereto expressly agree that the
National Labor Relations Board may make jurisdictional findings
based upon facts stipulated in this paragraph and that the Board
may find that the above-described operations of the Respondent
GEORGE BENZ SONS, INC. 147
constitute a continuous flow of trade, traffic, and commerce among
the several States.
3. All parties hereto expressly agree that the charges, Com-
plaint, and Notice of Hearing referred to in paragraph 1 above,
and this stipulation shall constitute the entire record in this
cause, and that said documents shall be entered in the record
herein by filing with the Chief Trial Examiner of the National
Labor Relations Board at Washington, D. C.
4. All parties hereto expressly waive the right to a hearing in
this matter and making of findings of fact and conclusions of
law by the National Labor Relations Board, and expressly agree
and consent that the National Labor Relations Board may enter
an Order providing as follows :
The Respondent, George Benz Sons, Inc., shall:
I. Cease and desist from :
a. Interfering with, restraining, and 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 mu-
tual aid and protection, as guaranteed' ;by Section 7 of the Na-
tional Labor Relation Act;
b. Dominating or interfering with the administration of Benz
Inside Plant Employees Association or with the formation or
administration of any other labor organization of its employees,
and from contributing financial or other support to the Benz
Inside Plant Employees Association or any other labor organiza-
tion of its employees ;
c. Recognizing the Benz Inside Plant Employees Association as
the representative -of any of its employees for the, purpose of
dealing with the Respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or conditions
of work;
d. Giving effect to the agreement entered into September 1,
1937, and any other agreement entered into with the Benz Inside
Plant Employees Association with regard to rates of pay, wages,
hours of employment, or other conditions of work.
II. Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
a. Withdraw all recognition from the Benz Inside Plant Em-
ployees Association as representative of any of its employees
for the purpose of dealing with the Respondent concerning griev-
ances, labor disputes, wages, rates of pay, hours of employment,
or other conditions of work, and completely disestablish any and
148 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
all relationship. with=the:..Benz,:Inside'Plant Employee..ASsocia-
tion as such representative;
b. Instruct all Respondent's officials and agents, including
superintendents, foremen, and other supervisory employees, by
posting notices as provided in paragraph II (c) of this Order,
that they shall not in any manner interfere with, restrain, or
coerce Respondent's employees in the exercise of their rights of
self-organization, to form or join or assist labor, organizations, to
bargain collectively through representatives of their own choos-
ing, or to engage in concerted activities for the purpose of
collective bargaining or other mutual aid and protection;
c. Post and keep posted for a period of at least 60 days from
the date of the issuance:,of the. Order herein agreed..to in- several
conspicuous places throughout its plant at St. Paul, Minnesota,
copies of the notice to employees which is attached hereto and
made a part hereof and marked Appendix A;
d. Notify the Regional Director' for the Eighteenth Region in
writing'within ten days of the date of the issuance of the Order
herein what steps Respondent has taken to comply herewith.
5. The parties hereto agree and consent to the entry by the
Eighth Circuit Court of Appeals of an enforcement order em-
bodying the terms of the Board Order agreed to above, and all
parties hereby waive further. notice of the application for and,
the entry of such court order, provided that a certified copy of
said Order shall be served upon the Respondent immediately
following its issuance.
6. Warehouse Employees Union, Local 503 (A. F. of L.), here-
by requests permission to withdraw and withdraws the Petition
for Investigation and Certification of Representatives Pursuant
to Section 9 (c) of the National Labor Relations Act heretofore
filed in the Eighteenth Regional Office of the National Labor
Relations Board with reference to the production and distribu-
tion workers of George Benz Sons, Inc.
7. The Benz Inside Plant Employees Association hereby re-
quests permission to withdraw and withdraws the Petition for
Investigation and Certification of Representatives Pursuant to
Section 9 (c) of the National Labor Relations Act heretofore
filed with the Eighteenth Regional Office of the National Labor
Relations Board relative to the inside plant workers of George
Benz Sons, Inc., and also hereby withdraws all charges hereto-
fore filed with said Regional Office of the National Labor Rela-
tions Board alleging unfair labor practices by George Benz
Sons, Inc.
A
GEORGE BENZ SONS, INC. 149
8. All stipulations herein made are subject to the approval of
the Board, and should the Board fail to approve the terms and
conditions contained herein within 21 days from the date hereof,
this stipulation shall be null and void, and of no effect, and the
proceedings in this matter shall be in the same status as though
no stipulations had been entered into.
9. This stipulation constitutes the entire agreement between
the parties, and no verbal agreement of any kind has been made
which varies, alters, or adds to this stipulation.
Attached to the stipulation and marked "APPENDIX A" is the follow-
ing notice :
NOTICE TO EMPLOYEES
In accordance with the National Labor Relations Act, George
Benz Sons, Inc. announces to its employees the policy the company
will follow with respect to their rights of self-organization. The
company will not interfere in, any way with the right of its em-
ployees to join or assist the Warehouse Employees' Union 503, or
any other labor organization.
The company withdraws all recognition from, and completely
disestablishes the house union (Benz Inside Plant Employees As-
sociation) as the representative of any of its employees for the
purpose of dealing with the company concerning grievances, labor
disputes, wages, rates of pay, hours of employment or other condi-
tions of employment. This means that any contract between the
company and the house union is no longer in effect.
The company policy will conform to Section 7 of the National
Labor Relations Act, which reads as follows :
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.
On May 15, 1940, the Board issued and duly served on.the parties, an
order approving the stipulation, making it a• part of the record in this
case, and, in accordance with Article II, Section 36, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, trans-
ferring the case to and continuing it before the Board for the purpose
of entry of a decision and order pursuant to the provisions of the
.stipulation.
Upon the basis of the stipulation and the entire record in the case,
the Board makes the following :
283035-42-vol. 24-11
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, George Benz Sons, Inc., is a Minnesota corporation
with its principal offices at 367-377 Grove Street, St. Paul, Minnesota,
and a warehouse and place of business in the same city, where it is
engaged in the business of rectifying, bottling, storing, selling, and
distributing wines, spirituous liquors, and other alcoholic beverages.
All the raw materials used by the respondent in its business, consist-
ing principally of whisky, brandy, wine, gin, neutral spirits, and other
liquors and alcoholic beverages and bottles, to the value of approxi.
mately $1,000,000 annually, are transported to the respondent's place
of business in interstate commerce from points located outside the
State of Minnesota. Large quantities of the products distributed by
the respondent from its warehouse, consisting principally of whiskies,
wines, gins, cordials, brandies, cognacs, champagnes, liquors, and other
alcoholic beverages, valued at about $90,000, and constituting about 5
per cent of the total value of the products so distributed; are likewise
transported in interstate commerce to points located outside the State
of Minnesota.
- We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States. The
respondent stipulated, and we find, that it is engaged in interstate
commerce within the meaning of Section 2 (6) and (7) of the Act.
H. THE ORGANIZATION INVOLVED
Warehouse Employees Union, Local 503, of the Brotherhood of
Teamsters, Chauffeurs, Stablemen, & Helpers of N. A., affiliated with
the A: F. of L., and Benz Inside Plant Employees Association are
labor organizations, within the meaning of Section 2 (5) of the Act.
ORDER
Upon the basis of the foregoing 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 the respondent, George Benz Sons, Inc., St. Paul,
Minnesota, shall:
1. Cease and desist from :
(a) Interfering with, restraining, and coercing its employees in
the exercise of their rights to self-organization, to form, join, or
J
GEORGE.BENZ SONS, INC. 151
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 and protec-
tion, as guaranteed by Section 7 of the National Labor Relations Act;
(b) Dominating or interfering with the administration of Benz
Inside Plant Employees Association or with the formation or admin-
istration of any other labor organization of its employees, and from
contributing financial or other support to the Benz Inside Plant Em-
ployees Association or any other labor organization of its employees;
(c) Recognizing the Benz Inside Plant.Employees Association as
the representative of any of its employees for the purpose of dealing
with the respondent concerning grievances, labor disputes, wages, rates
of pay; hours of employment, or conditions of work;
(d) Giving effect to the agreement entered into September 1, 1937,
and any other agreement entered into with the Benz Inside Plant Em-
ployees Association with regard to rates of pay, wages, hours of em-
ployment, or 'other conditions of work.
2. Take the following affirmative action which the Board finds will:
effectuate the policies and purposes of the National Labor Relations,
Act:
(a) Withdraw all recognition from the Benz Inside Plant Em-
ployees Association as representative of any of its employees for the
purpose of dealing with the respondent concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or other conditions
of work, and completely disestablish any and all relationship with the
Benz Inside Plant Employees Association as such representative;
(b) Instruct all respondent's officials and agents, including super-
intendents, foremen, land other supervisory employees, by posting
notices as provided in paragraph II (c) of this Order, that they shall
not in any manner interfere with, restrain, or coerce respondent's
employees in the exercise of their rights of self-organization, to form,
or join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, or to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid and
protection ;
(c) Post and keep posted for a period of at least 60 days from the
date of the issuance of the Order herein in several conspicuous places
throughout its plant at St. Paul, Minnesota, copies of the following
notice to employees :
NOTICE TO EMPLOYEES
In accordance with the National Labor Relations Act, George
Benz Sons, Inc. announces to its employees the policy the com-
pany will follow with respect to their rights of self-organization.
152 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
The company will not interfere in any way with the right of its
employees to join or assist the Warehouse Employees' Union 503,
or any other labor organization.
The company withdraws all recognition from, and completely
disestablishes the house union (Benz Inside Plant Employees
Association) as the representative of any of its employees for
the purpose of dealing with the company concerning grievances,
labor disputes, wages, rates of pay, hours of employment or other
conditions of employment. This means that,any contract between
the company and the house union is no longer in effect.
The company policy will conform to Section 7 of the National
Labor Relations Act, which reads as follows :
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.
(d) Notify the Regional Director for the Eighteenth Region in
writing, within ten days of the date of the issuance of the Order
herein, what steps respondent has taken to comply herewith.