Guggenhime & Co.

National Labor Relations Board - Board Decisions

Mar 11, 1942

39 N.L.R.B. 665 (N.L.R.B. 1942)

In the Matter of GUGGENHIME & COMPANY and FRESNO PACKING
HOUSE EMPLOYEES UNION, LOCAL #19653, A. F. L.
Case No. C-2114.-Decided March 11, 1942
Jurisdiction : dried fruits processing and packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. John .Paul Jennings, for the Board.
Heller, Ehrman, White di McAuliffe, by Mr. Martin Minney, Jr., of
San Francisco, Calif., for the respondent.
Mr. John J. Sweeney, of Fresno,.Calif., for the Union.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND -
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Fresno Packing
House Employees Union, Local #19653, A. F. L., herein called the
Union, the National Labor Relations Board, herein called the Board,
by its Regional Director for the Twentieth Region (San Francisco,
California) issued its complaint dated February 13, 1942, against
Guggenhime & Company, Fresno, California, herein called the respond-
ent, alleging that the respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the meaning of Sec-
tion 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 the com-
plaint accompanied by notice of hearing, were duly served upon the
respondent and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance (1) that on or about January 29, 1941, the respondent
refused to reemploy certain specified persons because of their mem-
bership in, and activities on behalf of, the Union; (2) that respondent
discriminated against certain other specified employees during the 1941
packing season by delaying their reemployment, by laying them off
prematurely, and by decreasing the amount of their work because of
their membership in and activities on behalf of the Union; and (3)
39 N. L R. B., No. 127.
665
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that by these and other acts, the respondent interfered with, restrained,
,and coerced its employees in the exercise of the rights guaranteed in
Section 7 of the Act. On February 19, 1942, the respondent filed its
answer in which it denied the material allegations of the complaint.
On February 17, 1942, prior to the scheduled hearing in the case,
the respondent, the Union, and counsel for the Board entered into a
stipulation, subject to the approval by the Board, in settlement of the
case. The stipulation provides as follows:
It is hereby stipulated and agreed by and between Guggenhime
& Company, a corporation, hereinafter referred to as the Respond-
ent, by its attorneys, Heller, Ehrman, White & McAuliffe, Fresno
Packing House Employees Union, Local No. 19653, A. F. of L.,
hereinafter referred to as the Union, and John Paul Jennings,
Attorney, National Labor Relations Board, as follows:
I.
Respondent is, and has been since July 10, 1928, a California
corporation, having its principal, office and place of business at
San Francisco, California and a place of business at Fresno, Fresno
County, California, hereinafter called the Fresno plant. Re-
spondent is engaged at the Fresno plant and at other plants at
Modesto and San Jose, California, in the processing, packing and
shipping of dried fruits. During the calendar years 1940- and
1941 respectively, Respondent sold and shipped from all three of
its plants, products of said plants valued at in excess of two million
dollars, including products of the value of over one million dollars,
shipped from the Fresno plant. During each of said years, in
excess of 80% of said products by volume and value was shipped
from Respondent's plants in California, including the Fresno
plant, to points and places outside the State of California. For the
purposes of this proceeding, and not otherwise, Respondent
admits that its operations affect commerce within the meaning of
Section 2 (6) and (7) of the National Labor Relations Act.
II.
Fresno Packing House Employees Union, Local 19653, is a
labor organization within the meaning of Section 2 (5) of the Na-
tional Labor Relations Act, affiliated with the American Federa-
tion of Labor.
All the parties hereto waive their right to a hearing, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board herein, and to any other or further pro-
GUGGENIIIME & COMPANY 667
cedure before said Board, and agree that the charges, complaint,
and notice of hearing, affidavit as to service of said complaint
and notice of hearing, the answer of Respondent, the National
Labor Relations Board Rules and Regulations-Series 2, as
amended, and this stipulation, shall constitute the entire record'
in this case and shall dispense with the necessity for the hearing
provided- for in the said complaint and notice of hearing. This'
record shall be filed with the National Labor Relations Board by
transmitting the same, to the Chief Trial Examiner of the said
.-Board at Washington, D. C.
IV.
Without. admitting that the unfair labor practices alleged in
the complaint or referred to in the form of order set forth below
have been committed by any'of the parties hereto, and expressly
on the understanding that nothing contained in this stipulation
or in the order or decree provided for herein shall be construed
as an admission or finding, express or implied, that any such
unfair labor practices have been committed by any of the parties
hereto, the parties join in this stipulation to the end that this
matter may be amicably and promptly settled. Upon the entire
record herein, including this stipulation if and when approved
by the National Labor Relations Board, an order may be forth-
with entered by the said Board as follows:
1. Respondent, Guggenhime & Company, its officers, agents,
successor and assigns shall not:
(a), In any manner interfere with, restrain or coerce its employ-
ees in the exercise of their right to form, join or assist labor organi-'
zations, 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;
(b) Discourage, membership in Fresno Packing House Employ-
ees Union, Local 19653, A. F. of L., or any other labor organization
of its employees, by discriminating against said employees in
respect to their hire or tenure of employment or any term or
condition thereof.
2. Respondent , Guggenhime & Company, its officers , agents,
successors and assigns , shall take the following affirmative action
to effectuate the policies of the National Labor Relations' Act:
(a) Offer to Dora Godfrey immediately full reinstatement to
her former position at Respondent 's Fresno plant without
prejudice to her seniority or other rights or privileges.
(b) Offer to W. H . Behm reinstatement to his former or a
substantially equivalent position as soon as any such position
a
668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
becomes available, without prejudice to his seniority or other
rights or privileges. -
,(c) Offer to each of the employees named on-Appendix "A"
attached hereto, reinstatement to their former positions if avail-
able, and if not available, to substantially equivalent 'positions,
at the beginning of the 1942 season without prejudice to their
seniority or other rights or privileges.
(d) Make whole each of the employees named on Appendix
"B" attached hereto, for any loss of pay that he may have suffered
from January 29, 1941, down to the date of this Order, by pay-
ment to them of the sum of money set beside their respective
names on Appendix "B."
(e) Post and maintain for sixty consecutive days, notices in
conspicuous places in its Fresno plant, setting forth the provisions
of Paragraph 1 of this Order and stating that the employees of
Respondent are free to join or assist Fresno Packing House Em-
ployees Union, Local 19653, A. F. of L., and that such action on
+their part will not affect their employment status with Respondent.
(f) Notify the Regional Director for the Twentieth Region; in
writing, within twenty 'days from the date of this Order, of the
steps taken by Respondent to comply herewith.
V.
After the entry of the Order by the National Labor Relations
Board as provided for in 'Paragraph IV hereof, there may be
entered in the United States Circuit Court of Appeals for the
Ninth Circuit, a decree by said Court enforcing said Order in
full, and each of the parties hereto hereby consents to the entry
of said decree and hereby waives prior notice thereof.
VI.
It is expressly understood and agreed that this stipulation is
subject to the approval of the National Labor Relations Board.
VII.
This agreement and full performance by Respondent thereof
shall be in full settlement of all charges of unfair labor practices
now, or hereafter, alleged to have occurred at any time prior to
the date of this Stipulation.
VIII.
This Stipulation contains the entire agreement between the
parties hereto and there is no understanding, oral or written,
adding to-or in anywise altering the provisions of this Stipulation.
GUG'GENHIME & COMPANY 669
On February 24, 1942, the Board issued its order approving the
,stipulation, making it a part of the record, and pursuant' to Article II,
'Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, transferring the proceeding to the Board
for the purpose of entry of a decision and order pursuant to the pro-
visions of said stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
Guggenhime & Company is a, California corporation, engaged in
the processing, packing, and shipping of dried fruits. It maintains
plants at Fresno, Modesto, and San Jose, California. In 1940 and
1941 the respondent shipped from all its plants products valued at
more than 2 million dollars. More than 80 percent of its products by
volume and value was shipped to points outside the State of California.
The respondent admits, for the purposes of this proceeding, that it is
engaged in commerce within the meaning of Section 2 (6) and (7)
of the National Labor Relations Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, 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 Guggenhime & Company, Fresno, California, its officers,
agents, successors , and assigns:
1. Shall not:
(a) 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
and to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection;
(b) Discourage membership in Fresno Packing House Employees
Union, Local 19653, A. F. L., or any other labor organization of its
employees, by discriminating against said employees in respect to
their hire or tenure of employment or any term or condition thereof.
2. Shall take the following affirmative action to effectuate the
policies of the National Labor Relations Act:
(a) Offer to Dora Godfrey immediately full reinstatement to her
former position at the respondent's Fresno plant without prejudice to
her seniority or other rights or privileges;
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Offer to W. H. Behm reinstatement to his former or a substan-
tially equivalent position as soon as any such position becomes
available,, without prejudice to his seniority or other rights or privileges;
(c) Offer to each of the employees named on Appendix "A,"
attached hereto, reinstatement to their former positions if available,
and if not available, to substantially equivalent positions, at the
beginning of the 1942 season without prejudice to their seniority or
other rights or privileges;
(d), Make whole each of the employees named on Appendix "B,"
attached hereto, for any loss that he may have suffered from January
29, 1941, down to the date of this Order, by payment to them of the
sum of money set beside their respective names on Appendix "B";
(e) Post and maintain for sixty '(60) consecutive days, notices in
conspicuous places in its Fresno plant, setting forth the provisions of
paragraph 1 of this Order and stating that the, employees of the
respondent are free to join or assist Fresno Packing House Employees
Union, Local 19653, A. F. of L., and that such action on their part will
not affect their employment status with the respondent;
(f) Notify the Regional Director for the Twentieth Region, in
writing, within twenty (20) days from the date of this Order, of the
steps taken by the respondent to comply herewith.
George Kindsvater
Mike Bellow
George Rommel
Flora M: Long
Albert Nielson
Settinio Rampino
APPENDIX "A"
William Coleman
Ben F. Graves
Frank Walther
Peter John Kuhlman
A. Scherer
Albert Schwaberland
APPENDIX "B"
Annie Adolph------------------------------- $3.77
Mollie Rosenthal--------------- - - ------ --------- 53. 13
Mollie Boos--------------------------------- 53.13
Alex Fleming------- ------------------------ 25.00
448105-42-vol. 39-44