Kaplan Rice Milling Co., Inc.

National Labor Relations Board - Board Decisions

Sep 23, 1940

27 N.L.R.B. 417 (N.L.R.B. 1940)

In the Matter of KAPLAN RICE MILLING COMPANY, INC. and RICE
MILL WORKERS, LOCAL 22206, AMERICAN FEDERATION OF GRAIN
PROCESSORS COUNCIL, AFFILIATED WITH TIIE AMERICAN FEDERAT=ON
or LABOR -
Case No. C-1670.-Decided Septerzbei 0,19-110
Jurisdiction : rice milling industry.
Settlement : stipulation providing for compliance with the Act
Remedial - Orders: entered on stipulation.
Mr. Samuel 31. Spencer, for the Board.
Mr. Earl Dieu, of Crowley, La., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Rice Mill Work-
ers, Local 22206, American Federation of Grain Processors Council,
herein called the Union, the'National Labor Relations Board, herein
ca llc l tho Boal d, by the Regional, Director for the Fifteenth Region
(New Orleans, Louisiana), issued its complaint dated August 20, 1940,
agalnsL Kaplan Rice Milling Company, Inc., Kaplan, Louisiana,
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 (3) and Section 2 (6) and
(7) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. Copies of the complaint and notices of hearing thereon were
duly served upon the respondent an the Union.
Concerning the unfair labor practices, the complaint alleged in
substance, (1) that the respondent discharged six named employees
because of their membership in and sympathetic activities on behalf
of the Union; (2) that the respondent maintained surveillance over
the meetings of the Union and persuaded employees to withdraw
their names from a petition of the Union; and (3) that by these
and other, acts the respondent interfered With, restrained, and coerced
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417
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418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its employees in the exercise of the rights guaranteed in Section 7
of the Act.
Prior to a hearing, the respondent , the Union , and counsel for the
Board entered into a stipulation dated August 27, 1940. The stipu-
lation provides as follows :
STIPULATION
Kaplan Rice Milling Co ., Inc. (hereinafter referred to as the
respondent), by its President , C. J. Montgomery; Rice Mill
Workers Local 22206 , American Federation of Grain Processors
Council , affiliated with the American Federation of Labor (here-
inafter referred to as the Union ), by its District Vice-President,
Earl Dietz ; and Samuel M. Spencer, Attorney, National Labor
Relations Board, Fifteenth Region ( hereinafter referred to as
the Board ), hereby stipulate and agree as follows:
(1) On or about November 17, 1939 the Union . filed with the
Regional Director of the National Labor Relations Board, Fif-
teenth Region, a charge against the respondent alleging that the
respondent had violated Section 8 , subsections ( 1) and ( 3 of the
National Labor Relations Act. On or about January 2, 1940 the
Union filed an amended charge against the respondent alleging
that the respondent had violated Section 8 , Subsections (1) and
(3) of the National Labor, Relations Act. On or about January
15, 1940 the Union filed a second amended charge with the Re-
gional Director of the National Labor Relations Board, Fifteenth
Region, against the respondent alleging that the respondent had
violated Section 8, subsections (1) and (3) of the National Labor
Relations Act. On or about May 4, 1940 the Union filed with the
Regional Director of the National Labor Relations Board, Fif-
teenth Region, a 3rd amended charge against the respondent alleg-
ing that the respondent had violated Section 8 , subsections (1)
and (3) of the National. Labor Relations Act, in that the re-
spondent did on or about October 3 , 1939, ' throuh its officers,
agents and employees , discharge Gilbert Trahan, Leon Lemaire,
Jr., Lloyd Leinaire , and Romain Benoit, also Robert Landry and
Albert G. Perrin, all laborers in the respondents rice milling plant
located in Kaplan , La., because of their membership and activity
in the Rice Mill Workers Local 22206, American Federation of
Grain Processors Council, affiliated with the A . F. of L., and
derogatory statements against the Union were made by the
respondent through its officers, agents and employees.
(2) The Union is a labor organization within the meaning of
Section 2, subdivision ( 5) of the National Labor Relations Act.
(3) The respondent , through its President acknowledges serv-
ices upon it of a formal complaint issued by the Regional Director
KAPLAN RICE MILLING COMPANY, INC. 419
for the Fifteenth Region of the National Labor Relations Board,
and specifically waives its right to file any motion or answer ob-
jecting to the jurisdiction or setting forth any defense it might
have to the aforesaid complaint. The respondent specifically
waives its right to participate in a hearing before a Trial Examiner
of the Board, waives its right to receive an Intermediate report,
and further waives its right to the filing of any exceptions to any
findings or recommendations which might have been rendered
by such Trial Examiner in a formal hearing.
(4) The respondent is a Louisiana corporation having been
incorporated on or about November 16, 1927 and its principal
place of business is in the City of Kaplan, State of Louisiana.
The capital stock consists of 2000 shares with a par value of
One Hundred Dollars, and the controlling stock is owned by C. J.
Montgomery, who is President of the Corporation. The officers
of the corporation are as follows :
C. J. Montgomery, President
C. J. Montgomery, Jr., Vice-President
A. A. LeJeune, Vice-President
A. G. Latour; Secty-Treasurer -
The directors of the Corporation are as follows :
C. J. 'Montgomery
C. J. Montgomery, Jr.
Dan J. Feitel
Chas. W. Hogan
A. A. LeJeune
J. E. Fletcher
John F. Finke
A. G. Latour
The Company is engaged in the business of purchasing, milling
and sale of rice. For the last Fiscal Year the respondent pur-
chased approximately 417,000 barrels of rough rice. Of this
figure, approximately 20,000 barrels of the said rice was pur-
chased from States other than the State of Louisiana where the
respondent's mill is located. -During the same period the respond-
ent sold approximately 450,000 barrels of rice. Of this figure ap-
proximately 350,000 barrels was sold to purchasers located in
States and Foreign Countries other than the State of Louisiana,
where the respondent's mill is located. Of the 417,000 barrels of
rice purchased by respondent during the period mentioned above,
this purchase represented approximately $1,250,000.00. Of the
rice sold by the Company for the period mentioned above the
sale of said rice represented approximately $1,500,000.00. The
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respondent admits -that it is engaged in Interstate Commerce
within the meaning of Section 2, subdivision (6) of the National
Labor Relations Act.
(5) It is further stipulated and agreed by the parties that the
Board may enter an order herein and the parties specifically
waive their rights to the making of findings of fact and conclu-
sions of law by the Board.
(6) On the basis of the foregoing facts, the respondent and
the Union agree that the Board may enter an order as follows :
ORDER
Upon the basis of this stipulation and the pleadings herein,
and pursuant to Section 10, (c) of the National Labor Relations
Act, the National Labor Relations Board, hereby orders that the
respondent, its officers, Successors and Assigns shall:
1-Cease and desist:
(a) From in any manner discouraging membership in the
Rice Mill Workers Local 22206, American Federation of Grain
Processors Council, affiliated with the American ,Federation of
Labor or any,other labor organization of its employees, by laying
off, discharging, or refusing to reinstate, or otherwise discriminate
against its employees in respect to hire or tenure of employment;
(b) From in any other 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 bar-
gain collectively through representatives of their own choosing
and to engage in concerted activities for the purpose of collective
bargaining and otlner mutual aid and protection as guaranteed in
Section 7 of the National Labor Relations Act.
2-Take the following affirmative action, which the Board finds
will effectuate the policies of the, Act;
(a) Offer to Gilbert Trahan, Leon Lemaire, Jr., Lloyd Le-
maire, Romain Benoit, Robert Landry and,, Albert G. Perrin
immediate and full reinstatement to their former or substantially
equivalent positions without prejudice to their seniority and
other rights and privileges.
(b) Immediately post notices in conspicuous places through-
out its mill and properties and maintain such notices for a period
of sixty (60) consecutive days from the date of such postings,
stating that the respondent will cease and desist in the manner
aforesaid ;
(c) Notify the Regional Director of the Fifteenth Region.
in writing within ten (10) days from the date of this order what
steps the respondent has taken to comply here)vith.
KAPLAN RICE MILLING COMPANY, INC. 421
(7) The record shall consist of the charge, amended' charge,
second amended charge and third amended charge, the complaint
and this stipulation ; and said record shall be filed with the Chief
Trial Examiner•of the National-Labor Relations Board, which has
offices in the Shoreham Bldg., Washington, D. C.
(8) The respondent hereby consents to the entry by an appro-
priate Circuit Court of Appeals of the United States of a decree
enforcing an order of the Board in the form above and expressly
waives its right to receive notice of the filing of an application
for the entry of such decree.
(9) The respondent enters into this stipulation with the dis-
tinct understanding that it is not admitting any of the allegations
set forth in the charge and complaint herein.
(10) The entire agreement is contained within the terms of
this stipulation and there is no verbal agreement of any kind,
'Which varies, alters or adds to the stipulation.
(11) All of the foregoing shall be subject to the approval of
the National Labor Relations Board. '
On September 13, 1940, 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
Regulations-Series 2, as amended, transferring the proceeding to
the Board for the purpose of entry of a decision and order pursuant
to provisions of the Stipulation.
Upon the basis of the, above Stipulation and the entire record in
the case, the Board makes the following:
FINDINGS or FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a. Louisiana corporation having its principal
place of business in Kaplan, Louisiana, where it is engaged in the
business of purchasing, milling, and selling rice. During its last
fiscal year, the respondent purchased approximately 417,000 barrels
of rough rice, approximately 20,000 barrels of which were purchased
from points outside the State of Louisiana. During the same period,,
the respondent sold approximately 450,000 barrels of rice, approxi-
mately 350,000 barrels of which were sold to purchasers located out-
side the State of Louisiana. The respondent admits that it is en-
gaged in interstate commerce within the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above Findings of Fact and 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 Kaplan Rice Milling Company, Inc., Kaplan,
Louisiana, its officers, agents, successors, and assigns, shall :
1. Cease and desist :
(a) From in any manner discouraging membership in the Rice
Mill Workers Local 22206, American Federation of Grain Processors
Council, affiliated with the American Federation of Labor, or any
other labor organization of its employees, by laying off, discharging,
or refusing to reinstate, or otherwise discriminate against its em-
ployees in respect to hire or tenure of employment;
(b) From in any other manner 'interfering with, restraining, or
coercing its employees in the exercise of their rights to self-organiza-
tion, to form, join, or assist labor organizations, to _ bargain col-
lectively through representatives of their own choosing, and to engage
in concerted activities for the purpose of collective bargaining and
other mutual aid and protection, as guaranteed in Section 7 of the
National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act:
(a) Offer to Gilbert Trahan, Leon Lemaire, Jr., Lloyd Lemaire,
Romain Benoit, Robert Landry, and Albert G. Perrin, immediate
and full reinstatement to their former or substantially equivalent
positions without prejudice to their seniority and other rights and
privileges ;
(b) Immediately post notices in conspicuous places throughout its
mill and properties and maintain such notices for a period of sixty
(60) consecutive days from the date of such postings, stating that
the respondent will cease and desist in the manner aforesaid;
(c) Notify the Regional Director of the Fifteenth Region in
writing within ten (10) days from the date of this Order what steps
the respondent has taken to comply herewith.