Newark Milk and Cream Co. of Newark, N. J.

National Labor Relations Board - Board Decisions

Aug 14, 1940

26 N.L.R.B. 570 (N.L.R.B. 1940)

In the Matter Of NEWARK MILK AND CREAM COMPANY OF NEWARK,
N. J., A CORPORATION and MILK DRIVERS & DAIRY EMPLOYEES
LOCAL #680 OF NEW JERSEY and ALDERNEY DAIRY EMPLOYEES'
ASSOCIATION, PARTY TO THE CONTRACT
Case No. C-1649.-Decided August 14, 1940
Jurisdiction : dairy industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Order : entered on stipulation
Mr. Will Maslow, for the Board.
McCarter, English cQi Egner, by Mr. Arthur F. Egner, of Newark,
N. J., for the respondent.
Mr. Thomas J. Markey, of Bloomfield, N. J., for the Association.
Mr. Thomas L. Parsonnet, of Newark, N. J., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Milk Drivers &
Dairy Employees Local #680 of New Jersey, herein called the Union,
the National Labor Relations Board, herein called the Board, by the
Regional Director for the Second Region (New York City), issued its
complaint dated October 24, 1939, against Newark Milk and Cream
Company of Newark, N. J., 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. Copies of the complaint
together with notice of hearing thereon were duly served upon the
respondent, the Union, and the Alderney Dairy Employees' Associa-
tion, herein called the Association, a labor organization, party to a
contract with the respondent.
Concerning the unfair labor practices, the complaint alleged, in
substance, (1) that the respondent initiated, formed, sponsored,
dominated, contributed to the support of, and interfered with the
26 N. L. R. B., No. 61.
570
NEWARK MILK AND CREAM COMPANY OF NEWARK, N. J. 571
administration of the Association; (2) that the respondent on or
about January 12, 1938, executed a collective bargaining agreement
with the Association wherein the Association was recognized as the
exclusive representative of its employees for the purposes of collective
bargaining and whereby employees of the respondent hired after
January 12, 1938, were required to join the Association within 30
days of the date of such employment and that said agreement was
renewed by the parties in or about October 1938; (3) that the respond-
ent urged, persuaded, and warned its employees to refrain from
becoming or remaining members of the Union, threatened its em-
ployees with discharge and other reprisals if they became or remained
members thereof, and kept under surveillance the activities, meetings,
and meeting places of the Union and of its employees; and (4) that
the respondent, by the foregoing and other acts, interfered with,
restrained, and coerced its employees in the exercise of the rights
guaranteed in Section 7 of the Act. Thereafter the respondent and
the Association filed answers to the complaint denying the material
allegations thereof concerning the unfair labor' practices. The
respondent in its answer admitted certain of the allegations of the
complaint concerning the nature of its business.
Pursuant to notice, a hearing was held on July 22, 23, and 24, 1940,
at Newark, New Jersey, before Webster Powell, the Trial Examiner
duly designated by the Board. The Board, the respondent, the
Association, and the Union were represented by counsel and partici-
pated in the hearing. On July 24, 1940, at the request of all parties,
the Trial Examiner ordered an adjournment of the hearing for the
purpose of permitting the parties to negotiate a settlement of the
case. On July 30, 1940, the respondent, the Union, the Association,
and counsel for the Board entered into a stipulation in settlement
of the case. This stipulation provides as follows:
STIPULATION OF SETTLEMENT
Stipulation made this 30th day of July 1940, by and among:
Newark Milk and Cream Company of Newark, N. J., a cor-
poration, (hereinafter referred to as the respondent) ;
Alderney Dairy Employees' Association, (hereinafter referred
to as the Association) ;
Milk Drivers & Dairy Employees Local #680 of New Jersey,
(hereinafter referred to as the A. F. of L.);
Will Maslow, attorney, National Labor Relations Board.
WHEREAS, an amended charge in the above-captioned proceeding
was duly filed by the A. F. of L. on April 20, 1939 with the National
Labor Relations Board, (hereinafter referred to as the Board), and
WHEREAS, a complaint in the above-captioned proceeding based on
said charge was duly issued and served on October 24, 1939, and
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WHEREAS, a duly appointed Trial Examiner of the Board began to
hold a hearing in the above-captioned proceeding on July 22, 1940,
and
WHEREAS, the parties desire to dispense with further proceedings
upon said complaint and to dispose of all issues created by said
complaint,
Now, therefore, it is agreed by all the parties:
1. The parties hereby waive their rights to further proceedings before
the Board in the above-captioned proceeding and to the making of
findings of fact and conclusions of law by the Board.
2. The parties hereby agree that all of the matters alleged in the
complaint shall be doomed to have been disposed of by virtue of the
order of the Board and the decree of the United States Circuit Court
of Appeals, hereinafter described.
3. The parties hereby agree to the issuance by the Board, without
further notice or proceedings, of an order, a copy of which is annexed
hereto as Schedule A and made part hereof, which order shall have the
same force and effect as if,made after full hearing, presentation of
evidence and the making of findings of fact and conclusions of law
thereon.
4. The parties hereby consent to the entry by an appropriate
United States Circuit Court of Appeals, without notice of the applica-
tion therefor, of an enforcement decree embodying substantially the
terms of the Board's order set forth in Schedule A.
5. Respondent, for the purposes of this proceeding gnly and without
prejudice to a contrary contention in any other proceeding, hereby
admits that it is engaged in commerce within the meaning of Section 2,
subdivisions (6) and (7), of the National Labor Relations Act, and
likewise admits as fact the allegations in Schedule B, annexed hereto
and made part hereof, which admission is hereby agreed to and ac-
cepted by the other parties.
6. The parties hereby agree that neither this stipulation, nor the
order of the Board nor the enforcement decree of the United States
Circuit Court of Appeals, to be entered on this stipulation, shall be
deemed an admission by the respondent that it has violated the
National Labor Relations Act or any other law.
7. The entire agreement of settlement among the parties in the
above-captioned proceeding is contained within the terms of this
instrument and there is no understanding of any kind which varies,
alters, or adds to this stipulation.
8. This stipulation of settlement shall be filed with the Chief Trial
Examiner of the Board and when so filed shall become a part of the
record in the above-captioned proceeding.
9. This stipulation shall go into effect as soon as it has received
the approval of the Board and shall not be effective until it has received
such approval.
NEWARK MILK AND CREAM COMPANY OF NEWARK, N. J. 573
SCHEDULE A
ORDER
The respondent,- Newark Milk And Cream Company Of Newark,
N. J., a corporation, its officers, agents, successors, and assigns, shall:
1. Refrain from:
(a) In any manner dominating or interfering with the administra-
tion of, or contributing financial or other support to, Alderney Dairy
Employees' Association, its successors and assigns, or any other labor
organization;
(b) Urging, persuading and warning its employees not to become
or remain members of Milk Drivers & Dairy Employees Local #680,
A. F. of L., or of any other labor organization of their own choosing;
(c) 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, or to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
2. Take the following affirmative action, which will effectuate the
policies of the Act:
(a) Withdraw all recognition from Alderney Dairy Employees'
Association, its successors and assigns, as the representative of its
employees, or any one of its employees, for the purpose of dealing
with the respondent concerning grievances, rates of pay, wages,
hours of employment or any other condition or incident of employment
and completely disestablish said Alderney Dairy Employees' Associa-
tion, as such representative.
(b) Immediately post at least three copies of the following notice
in conspicuous places in each of its plants at Newark, Orange, Asbury
Park, Hackensack and Elizabeth, New Jersey, and keep such notices
posted for a period of sixty (60) consecutive days:
Notice to our Employees
The Newark Milk And Cream Company of Newark, N. J. has
voluntarily agreed to a settlement of the complaint issued against
it by the National Labor Relations Board. In accordance with
the terms of that settlement the Company has consented to the
entry of an order by the National Labor Relations Board and of
a decree by a United States Circuit Court of Appeals. In the
-interests of harmonious relationships with our employees and
pursuant to the settlement, the Company announces that:
A. The Company has disestablished and withdrawn recogni-
tion from Alderney Dairy Employees' Association as a repre-
sentative of its employees or any of its employees, for the purpose
574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of collective bargaining or adjustment of grievances, and will not
hereafter recognize Alderney Dairy Employees' Association or its
successors or assigns for any purpose.
B. The present contract between the Company and Alderney
Dairy Employees' Association has been cancelled, but existing
wage rates and conditions of employment will not be disturbed.
C. The Company will not interfere with, restrain or coerce
any of its employees in the exercise of any right guaranteed them
by the National Labor Relations Act.
D. Employees are free to join or assist any labor organization
of their own choice including Milk Drivers and Dairy Employees
Local #680, A. F. of L., without fear of discrimination on the
part of the Company or anrof its executives or supervisors.
E. The Company will recognize and bargain collectively with
any labor organization chosen freely by our employees as their
collective bargaining representative.
NEWARK MILK AND CREAM COMPANY
OF NEWARK, N. J.,
By PAUL R. SCHEERER, President.
(c) Notify in writing the Regional Director of the Board for the
Second Region, within ten (10) days of the receipt of a copy of this
Order, setting forth in detail the steps the respondent has taken to
comply with the foregoing requirements.
SCHEDULE B
STIPULATION ON COMMERCE
1. Newark Milk And Cream Company of Newark, N. J., herein-
after referred to as respondent, is and has been since April 17, 1912,
a corporation organized under and existing by virtue of the laws of the
State of New Jersey, having its principal office and place of business
at 26 Bridge Street, Newark, N. J.; it also does business in New Jersey
under the registered trade name of Alderney Dairy Co.
2. Respondent' is engaged in the purchase, processing, sale and
distribution of milk and other dairy products.
3. Respondent maintains its chief bottling plant and branch distri-
bution plants in the State of New Jersey, maintains five creameries in
the State of New York and maintains three receiving plants in the
State of Pennsylvania.
4. During the year 1939, which was a representative year in re-
spondent's business, it purchased from points in the States of New
York, New Jersey and Pennsylvania about 60,000 quarts of milk
daily, about 65 per cent of which was purchased in the States of New
York and Pennsylvania.
NEWARK MILK AND CREAM COMPANY OF NEWARK , N. J. 575
5. All the milk purchased in the State of New York is brought by
farmers to respondent's creameries in that State, where it is received,
cooled and a small portion thereof separated for the purpose of making
cream and cheese and is then shipped to New Jersey for pasteuriza-
tion and bottling; all of the milk purchased in the State of Pennsyl-
vania is delivered by farmers to respondent's receiving plants in that
State, where it is cooled, tested and then shipped to Newark, New
Jersey for pasteurization and bottling; all the milk purchased in
points outside the State of New Jersey is transported to New Jersey
in 9 railroad tank cars owned by respondent.
6. During the year 1939, which was a representative year in the
respondent's business, respondent sold 60,000 quarts of milk daily, all
of which were sold and shipped to customers located in the State of
New Jersey; respondent also sold f. o. b. Newark in this period between
1,500 to 3,000 pounds of cheese each week to a wholesaler located in
the State of New York, who picked up the cheese in his own trucks
at respondent's plant in Newark.
On August 6, 1940, the Board issued its 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 Regu-
lations-Series 2, as amended, transferring the proceeding to the
Board for the purpose of entry of a decision and order by the Board
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, Newark Milk and Cream Company of Newark,
N. J., is a New Jersey corporation having its principal office and
place of business in Newark, New Jersey. It also does business in
New Jersey under the registered trade name of Alderney Dairy Co.
The respondent is engaged in the purchase, processing, sale, and dis-
tribution of milk and other dairy products. It maintains a bottling
plant and branch distribution plants in the State of New Jersey, five
creameries in the State of New York, and three receiving plants in
the State of Pennsylvania. In 1939, a typical year, the respondent
purchased about 60,000 quarts of milk daily, approximately 65 per
cent of which were purchased in the States of New York and Penn-
sylvania. All the milk purchased by the respondent outside the' State
of New Jersey is delivered by farmers to the respondent's creameries
and after cooling and testing is.then transported to New Jersey in
railroad tank cars owned by the respondent. In 1939 the respondent
sold and shipped 60,000 quarts of milk daily to customers in the State
576 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of New Jersey. During the same period the respondent sold 1,500
to 3,000 pounds of cheese weekly to a wholesaler in the State of New
York.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, transportation, and com-
merce 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 Na-
tional Labor Relations Act, the National Labor Relations Board
hereby orders that the respondent, Newark Milk and Cream Com-
pany of Newark, N. J., a corporation, and its officers, agents, succes-
sors, and assigns shall:
1. Fefrain from:
(a) In any manner dominating or interfering with the administra-
tion of, or contributing financial or other support to, Alderney Dairy
Employees' Association, its successors and assigns, or any other labor
organization;
(b) Urging, persuading, and warning its" employees not to become
or remain members of Milk Drivers & Dairy Employees Local #680,
A. F. of L., or of any other labor organization of their own choosing;
(c) 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, or to engage in concerted ac-
tivities for the purpose of collective bargaining or other mutual aid
or protection.
2. Take the following affirmative action, which will effectuate the
policies of the Act:
(a) Withdraw all recognition from Alderney Dairy Employees'
Association, its successors and assigns, as the representative of its
employees, or any one of its employees, for the purpose of dealing
with the respondent concerning grievances, rates of pay, wages, hours
of employment or any other condition or incident of employment
and completely disestablish said Alderney Dairy Employees' Associa-
tion, as such representative;
(b) Immediately post at least three copies of the following notice
in conspicuous places in each of its plants at Newark, Orange, Asbury
Park, Hackensack and Elizabeth, New Jersey, and keep such notices
posted for a period of sixty (60) consecutive days:
Notice to our Employees
The Newark Milk and Cream Company of Newark, N. J. has
voluntarily agreed to a settlement of the complaint issued against
NEWARK MILK AND CREAM COMPANY OF NEWARK, N. J . 577
it by the National Labor Relations Board. In accordance with
the terms of that settlement the Company has consented to the
entry of an order by the National Labor Relations Board and
of a decree by a United States Circuit Court of Appeals. In the
interests of harmonious relationships with our employees and
pursuant to the settlement, the Company announces that:
r A. The Company has disestablished and withdrawn recog-
nition from Alderney Dairy Employees' Association as a repre-
sentative of its employees or any of its employees, for the pur-
pose of collective bargaining or adjustment of grievances, and
will not hereafter recognize Alderney Dairy Employees' Associa-
tion or its successors or assigns for any purpose.
B. The present contract between the Company and Alderney
Dairy Employees' Association has been cancelled, but existing
wage rates and conditions of employment will not be disturbed.
C. The Company will not interfere with, restrain or coerce
any of its employees in the exercise of any right guaranteed them
by the National Labor Relations Act.
D. Employees are free to join or assist any labor organization
of their own choice including Milk Drivers and Dairy Employees
Local # 680, A. F. of L., without fear of discrimination on the
part of the Company or any of its executives or supervisors.
E. The Company will recognize and bargain collectively with
any labor organization chosen freely by our employees as their
collective bargaining representative.
NEWARK MILK AND CREAM COMPANY
OF NEWARK, N. J.,
By PAUL R. SCHEERER, President.
(c) Notify in writing the Regional Director of the Board for the
Second Region, within ten (10) days of the receipt of a copy of this
Order, setting forth in detail the steps the respondent has taken to
comply with the foregoing requirements.