Lyons-Magnus, Inc.

National Labor Relations Board - Board Decisions

Nov 15, 1940

27 N.L.R.B. 1373 (N.L.R.B. 1940)

In "the Matter of LYONS-MAGNUS , INC., A CORPORATION and INTER-
NATIONAL LONGSHOREMEN 'S AND WAREHOUSEMEN 'S UNION, LOCAL 1-6,
and BAKERY AND CONFECTIONERY WORKERS UNION7 BRANCH LOCAL
24, PARTY TO THE CONTRACT.
Case No. C-1717 .-Decided November 15, 1940
Jurisdiction : glace fruit, fruit extracts and bakery supply manufacturing and
packing industry
Settlement : stipulation providing for compliance with the Act. -
Remedial Orders : entered on stipulation.
Mr. John Paul Jennings, for the Board.
Mr. Richard S. Goldman, of San Francisco, Calif., for the re-
spondent.
Mr. D. F. Maguire, and Gladstein, Grossman, Margolis do Sawyer,
by Mr. Ben Margolis, of San Francisco, Calif., for I. L. W. U. 1-6.
Mr. Charles J. Janigian, of San. Francisco, Calif., for Local 24.
Mr. Louis A. Boland, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
A
Upon charges and amended charges duly filed by International
Longshoremen's and Warehousemen's Union,, Local 1-6, herein called
I. L. W. U. 1-6, the National Labor Relations Board, herein called
the Board, by the Regional Director for the Twentieth Region (San
Francisco, California), issued its complaint dated October 3, 1940,
against Lyon-Magnus, Inc., a corporation, San Francisco, California,
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), (3), and (5) and Section 2 (6)
and (7) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. The complaint,' containing a notice of hearing, was
duly served on the respondent, on I. L. W. U. 1-6, and on Bakery and
Confectionery Workers Union, Branch Local 24, herein called
Local 24.
27 N. L. R. B., No. 216.
1373
1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
With respect to the unfair labor practices, the complaint alleged in
substance that the respondent (1) since about March 13, 1940, sought
to induce its employees to join or remain members of Local 24 and not
to become or remain members of I. L. W. U. 1-6, and, 'on or about
March 22,1940, entered into an agreement with Local 24, providing for
exclusive recognition, for preferential hiring of members of Local 24
and requiring new employees to become members of Local 24, and at
all times after April 1, 1940, performed the terms thereof, although
Local 24 was at all such times a labor organization assisted by the re-
spondent's unfair labor practices; (2) on or about March 16, 1940, and
at all times thereafter, refused to bargain collectively with I. L. W. U.
1-6, although I. L. W. U. 1-6 at such times was the exclusive representa-
tive of the respondent's employees in a unit appropriate for the pur-
poses of collective bargaining; (3) by the execution of the above-
agreement, discriminated in regard to hire and tenure of employment
of its production and maintenance workers covered by the agreement,
thus discouraging membership in I. L. W. U. 1-6 and encouraging
membership in Local 24 and by reason of the aforesaid acts, the above
agreement is illegal and invalid; 'and (4) by all of the above acts
interferred with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
On October 16, 1940, prior to a hearing, the respondent, I. L. W. U.
1-6, Local 24, and an attorney for the Board entered into a stipula.
tion subject to the approval of the Board, in settlement of the' case.
The stipulation provides as follows :
It is hereby stipulated and agreed by and among Lyons-Mag-
nus, Inc., hereinafter called the respondent, International Long-
shoremen's and Warehousemen's Union, Local 1-6, hereinafter
called ILWU 1-6, and Bakery and Confectionery Workers of
America, Branch Local No. 24, Confectionery and Candy
Workers Union, hereinafter called Local 24, and John Paul
Jennings, Attorney, National Labor Relations Board, as follows :
I
Respondent is'' a corporation organized under and existing by
virtue of the laws of the State of Delaware, having its principal
office and place of business in San Francisco, California, herein-
after called the San Francisco Plant. Respondent is engaged
in the business of packing fruits and syrup, and in manufactur-
ing and packing glace fruit, fruit extracts and bakery supplies.
During the year 1939 raw materials purchased and used by
respondent at the San Francisco Plant amounted to approxi=
LYONS-MAGNUS, INC. 1375,
mately $600,000.00 in value, of which amount approximately
$75,000.00 represents cost of raw materials purchased by re-
spondent and shipped to the San Francisco Plant from points
outside the State of California. During the year 1939 respond-
ent sold its products, consisting of glace fruit, fruit extracts,
bakery supplies, syrup, wines, cordials, candy and confectionery
amounting to in excess of $1,000,000.00 in value, of which amount
products amounting to approximately $430,000.00 in value were
sold and transported to points and places outside the State of
California.
During the year 1940 respondent's operations, including the
amounts of raw materials purchased, sources of such raw mate-
rials, the amounts of sales and destination of such sales has been
substantially the same as its business for 1939 as stated herein
above.
For the purpose of this proceeding, and not otherwise, re-
spondent stipulates that its operations affect interstate commerce
within the meaning-of Section 2 (6) and (7) of the National
Labor Relations At.
II
International Longshoremen's and Warehousemen's Union,
Local 1-6, affiliated with the Congress of Industrial Organiza-
tions, and Bakery and Confectionery Workers of America, Branch
Local No. 24, Confectionery and Candy Workers Union, affiliated
with the American Federation of Labor, are labor organizations
within the meaning of Section 2 (5) of the National Labor
Relations Act.
III
All the parties hereto waive their right to a hearing, to the
making of findings of fact and conclusions of law by the Na-
tional Labor Relations Board herein, and to, any other or further
procedure 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 answer of Local
24, 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 hear-
ing. 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.
1376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 forthwith
entered by the said Board as follows :
1. Respondent, Lyons-Magnus, Inc., shall not :
(a) In any manner interfere with, restrain or,coerce its em-
ployees, or any of them, 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 or other mutual aid or, protection as guaranteed in
'Section 7 of the National Labor Relations Act;
(b) 'Urge, persuade or warn its employees, or any of them, or
in any manner influence or attempt to influence said employees to
refrain from becoming or remaining members of International
Longshoremen's and Warehousemen's Union, Local 1-6; Bakery
and Confectionery Workers of America, Branch ,Local No. 24,
Confectionery and Candy Workers, Union, or any other labor
organization of its employees.
2. Respondent, Lyons-Magnus, Inc., shall take the following
affirmative action which the Board finds will effectuate the policies
of the Act: '
(a) Hire all new production and maintenance employees from
the regular seniority list of respondent until termination of the
representation proceedings now pending before the-Board in the
matter of Lyons-Magnus, Inc., a corporation, and Bakery and
Confectionery Workers Union, Branch Local 24; International
Longshoremen's and Warehousemen's Union, Local 1-6, Case No.
XX-RE-24, in accordance with the Stipulation for Certification
upon Consent Election signed in said case, either by certification
of a representative for collective bargaining by the Board or
dismissal of the petition in said case. -
(b) Deal with whatever representative or representatives is
or are designated by the individual employees of said respondent,
LYONS-MAGNUS, INC. 1377
or, if any employee prefers, with any such employee -personally,
in connection with each of the grievances of said employees, until
termination of the representation proceedings in said Case No.
XX-RE-24, as provided in Paragraph 2 (a) hereof.
(c) Recognize as the exclusive bargaining representative of
said employees and bargain collectively upon request with any
labor organization selected in the election to be conducted under
the auspices of the Board in said Case No. XX-RE-24, as the
representative of its production and maintenance employees in
an appropriate unit, to be their representative for purposes of
collective bargaining with respondent, and certified by said Na-
tional Labor Relations Board as such representative.
(d) Post immediately in conspicuous places in the San Fran-
cisco plant, and maintain for a period of at least sixty (60) con-
secutive days from the date of posting copy of the Stipulation
for entry of this order.
(e) Notify the Regional Director for the Twentieth Region, in
writing, within ten (lays from the date of this Order, of the steps
it has taken to comply herewith.
V
The question of representation raised by the allegations in the
complaint herein that respondent is engaging in unfair labor
practices within the meaning of Section 8 (5) of the Act shall
be disposed of pursuant to the Stipulation for Certification on
Consent Election, signed this day, in Case No. XX-RE-24.
VI
After the entry of the order by the National Labor Relations
Board, as provided in this Stipulation, there may be entered in
the United States Circuit Court of Appeals for the Ninth Cir-
cuit a decree by said Court enforcing in full the said order of
the National Labor Relations Board, and each of the parties
hereto hereby consents to the entry of such decree and hereby
waives prior notice thereof.
- VII
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board.
VIII -
The terms of this Stipulation contain and set forth the entire
agreement by and among the parties hereto, and there is no
323428-42-vol. 27-88
1378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement of any kind which varies, alters or adds to this
Stipulation.
On November 4, 1940, the Board issued an order approving the
above stipulation, making it a part of the record in the case, and
transferring the case to the Board for the purpose of entry of a deci-
sion and order pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
' FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Lyons-Magnus, Inc., is a Delaware corporation
having its principal office and place of business in San Francisco,
California, where it is engaged in packing fruits and syrup, and manu-
facturing and packing glace fruit, fruit extracts and bakery supplies.
During 1939 the respondent purchased raw 'materials valued at ap-
proximately $600,000, about $75,000 of which represented raw materials
purchased and shipped to its San Francisco plant from points out-
side the State of California. During the same period, the respondent
sold its products valued in excess of . $1,000,000, about $430,000 of
which represented products sold and transported to points outside
the State of California. During 1940 the amounts and sources of
its raw materials and the amounts and destination of its sales have
remained substantially the same as in 1939.
The respondent concedes for the purpose-of this proceeding that
its operations affect interstate commerce within the meaning of Sec-
tion 2 (6) and (7) of the 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, 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, Lyons-Magnus, Inc., San Fran-
cisco, California,
1. Shall not :
(a) In any manner interfere with, restrain or coerce its employees,
or any of them, 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 con-
certed activities for the purpose of collective bargaining or other
LYONS-MAGNUS, INC. 1379
mutual aid or protection as guaranteed in Section 7 of the National
Labor Relations Act; _
(b) Urge, persuade or warn its employees, or any of them, or in
any manner influence or attempt to influence said employees to refrain
from becoming; or remaining members of International Longshore-
men's and Warehousemen's Union, Local 1-6; Bakery and Confec-
tionery Workers of America, Branch Local No. 24, Confectionery
and Candy Workers Union, or any other labor organization of its
employees.
2. Shall take the following affirmative action which the Board
finds will effectuate the policies of the Act;
(a) Hire all new production and. maintenance employees from
the regular seniority list of respondent until termination of the rep-
resentation proceedings now pending before the Board in the matter
of Lyons-Magnus, Inc., a corporation, and Bakery and Confectionery
Workers Union, Branch Local 24; International Longshoremen's and
Warehousemen's Union, Local 1-6, Case No. XX-RE-24, in accord-
ance, with the Stipulation for Certification upon Consent Election
signed -in',said -case, either by certification of a representative for
collective bargaining by the Board, or dismissal of the petition in
said case.
(b) Deal with whatever representative or representatives is or
are designated by the individual employees of said respondent, or,
if any employee prefers, with any such employee personally, in con-
nection with each of the grievances of said employees, until termina-
tion of the representation proceedings in said Case No. XX-RE-24,
as provided in Paragraph 2 (a) hereof.
(c) Recognize as the exclusive bargaining representative of said
employees and bargain collectively upon request with any labor
organization selected in the election to be conducted under auspices
of the Board in said Case No. XX-RE-24, as the- representative of
its production and maintenance employees in an appropriate unit,
to be their representative for purposes of collective bargaining with
respondent, and certified by said National Labor Relations Board as
such representative.
(d) Post immediately in conspicuous places in the San Francisco
plant;-and maintain for a period of at least sixty (60) consecutive
days from the date of posting copy of the Stipulation for entry of
this order.
(e) Notify the Regional Director for the Twentieth Region, in -
writing, within ten days from the date of this Order, of the steps it
has taken to comply herewith.