Richland Co-Operative Creamery Co.

National Labor Relations Board - Board Decisions

Jul 30, 1938

8 N.L.R.B. 713 (N.L.R.B. 1938)

In the Matter of RICHLAND CO-OPERATIVE CREAMERY COMPANY and
INTERNATIONAL BROTHERHOOD or TEAMSTERS, CHAUFFEURS, STABLE-
MEN AND HELPERS OF AMERICA, LOCAL 870 (A. F. L.)
Case No. C-749.-Decided July 30, 1938
Dairy Industry-Settlement : agreement to comply with Act-Order: entered on
stipulation.
Mr. Morris L. Forer, for the Board.
Mr. Vernon W. Thomson, of Richland Center, Wis., for the re-
spondent.
Mr. Abraham L. Kaminstein, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE,
Upon charges and amended charges duly filed by International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of
America, Local No. 870• (A.. F. L.), herein called Local 870, the Na
tional Labor Relations Board, herein called the Board, by Nathaniel S.
Clark, Regional Director for the Twelfth Region (Milwaukee, Wis-
consin), issued its complaint dated July 7, 1938, against Richland Co-
Operative Creamery Company, Richland Center, Wisconsin, 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), (2), (3), and (5) and Section 2 (6) and
(7) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. A copy of the complaint, accompanied by notice of hearing
thereon, was duly served upon the respondent and upon Local 870.
Thereafter, counsel for the Board and for the respondent entered
into a stipulation waiving a hearing and setting forth the facts con-
cerning the nature and scope of the respondent's business and the
terms of an order which the Board might enter in the case upon its
approval of the stipulation. On July 11, 1938, this stipulation, the
complaint and notice of hearing in the case, the second amended
charge, National Labor Relations Board Rules and Regulations-
Series 1, as amended, and affidavit of service thereof were filed by
S N. L. R. B., No. 77.
713
714 NATIONAL LABOR RELATIONS BOARD
agreement of the parties with the Chief Trial Examiner of the Board
at Washington, D. C., and thereby became part of the record in the
case.
On July 13, 1938, pursuant to Article II, Section 37, of National
Labor Relations Board Rules and Regulations-Series 1, as amended;
the Board duly issued its order approving the stipulation and ordered
that the proceeding be transferred to and continued before the Board
for the purpose of entry of a decision and order.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF IRE RESPONDENT
The respondent, Richland Co-Operative Creamery Company, is an
incorporated cooperative association organized under the provisions
of Chapter 185 of the Wisconsin Statutes, having its general and
business office, as well as its manufacturing and processing plant, in
Richland Center, Wisconsin. The respondent is engaged in the busi-
ness of 'manufacturing and processing of milk,,'skim milk powder,
buttermilk powder, and butter. In 1937 the respondent sold $969,-
001.43 worth of butter directly out of the State of Wisconsin, and the
following f. o. b. Richland Center: $123,543.76 worth of butter;
$108,204.09 worth of skim milk powder and buttermilk powder; and
$63,888.70 of liquid milk. As of December 31, 1937, the respondent
had in inventory $19,742.87 of butter which was to be sent to States
other than Wisconsin. During the year 1937 the respondent pur-
chased $392,963.39 worth of cream and $764,529.73 worth of milk.
We find that the respondent's operations at the Richland Center,
Wisconsin, plant constitute trade, traffic, and commerce among the
several States.
II. THE BASIS OF THE SETTLEMENT
The above-mentioned stipulation provides, in part, as follows :
STIPULATION
It is hereby stipulated by and between Richland Co-Opera-
tive Creamery Company, by and through Vernon W. Thomson,
attorney at law, Richland Center, Wisconsin, for and in behalf
of said Richland Co-Operative Creamery Company, and Morris
L. Forer, attorney for and on behalf of the National Labor
Relations Board that :
1.. .1
2. The International Brotherhood of Teamsters, Chauffeurs,
Stablemen and Helpers of America, Local 870, affiliated with
' This section states the formal pleadings and the service of the complaint and notice
of hearing upon the respondent
DECISIONS AND ORDERS 715
the American Federation of Labor, is a labor organization
within the meaning of Section 2, subsection 5 of the National
Labor Relations Act. The Butter Makers Association, insofar
as it purported to act as an organization for the purpose of
dealing with the respondent concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment or conditions
of work, for the employees of the respondent company and
insofar as such representations as to its purpose of existing
among the employees were made by it or in its behalf, is a labor
organization within the meaning of the National Labor Rela-
tions Act.
3. The respondent, Richland Co-Operative Creamery- Com-
pany, is a cooperative association organized under the provisions
of Chapter 185 of the Wisconsin Statutes. It was incorporated
under those provisions on April 7, 1924, and has existed there-
under since that time and up to the present. Its general and
business office is located in Richland Center in the County of
Richland, in the State of Wisconsin, and its plant and manu-
facturing, processing, and other operational activities are lo-
cated at Richland Center, Wisconsin.
4. Pursuant to the provisions of Chapter 185 of the Wisconsin
Statutes, the stock holders of the Richland Co-Operative Cream-
ery Company have elected seven Directors, one of whom, B. L.
Bowen, is at present General Manager of the plant at Richland
Center.
5. The respondent, Richland Co-Operative Creamery Com-
pany, is engaged in interstate commerce within the meaning of
the National Labor Relations Act.
6. The respondent, Richland Co-Operative Creamery Com-
pany, is engaged in the business of manufacturing and process-
ing of milk, skim milk powder and butter milk powder, and
butter. It obtains its milk and cream from farmer patrons, in-
cluding its stock holders, from counties surrounding and includ-
ing Richland County in the State of Wisconsin. As of the last
available date for computation, December 31, 1937, the respond-
ent, Richland Co-Operative Creamery Company, had sold in
the previous twelve month period, $969,001.43 of butter, directly
out of the State of Wisconsin. It had also sold $123,543.76 but-
ter, f. o. b. its Richland Center plant, while during the same
period of time it had sold f. o. b. its Richland Center plant
$108,204.09 worth of skim milk powder and butter milk powder,
and $63,888.70 of liquid milk. The ultimate destination of
these latter products sold f. o. b. the Richland Center plant can-
not be definitely and completely ascertained.
716 NATIONAL LABOR RELATIONS BOARD
As of December 31, 1937, the Richland Co-Operative Creamery
Company also had in inventory, $19,742.87 of butter, all of which
was to be sent into states other than the State of Wisconsin.
During the year 1937, the Co-Operative purchased $392,963.39
worth of cream and $764,529.73 worth of milk, while its total
operating expenses including salaries and, labor cost, for- that
period was $107,118.89.
7. In its transportation of products in interstate commerce,
the respondent, Richland Co-Operative Creamery Company,
utilizes truck facilities and the railroads, such railroad facilities
being those of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company.
8. .
9. Whereas, it is alleged, that the respondent, acting by and
through its officers and designated agents, in the course of its
operations and business, did, from the beginning of the winter
of 1937 and up to the present time, interfere with, restrain, and
coerce its employees in the exercise of their rights guaranteed
in Section 7 of the National Labor Relations Act, in that re-
spondent by and through its officers and agents, urged, per-
suaded and warned its employees not to join or belong to the
International Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers of America, Local No. 870, affiliated with the
American Federation of Labor, attempted to delve into the inner
workings of said organization and made disparaging remarks
about Union affiliations and organizers thereof, connived and
helped foster vigilante organizations during the latter part of
June, 1938, and in the early part of July, 1938, which vigilante
groups gave to employees of its plant, the alternative of resign-
ing from the Union or from their jobs, and which, with the
connivance, knowledge, and fostering of said respondent, suc-
ceeded in extracting from such employees resignations or had
them discharged, forced remaining employees, by and through
the supported vigilante movement, to sign recantations of all
Union activities and promises not to affiliate themselves with
Unions, and by divers and diverse other threats, persuasions and
urgings did interfere with, restrain, coerce employees in the
exercise of their rights guaranteed in Section 7 of the National
Labor Relations Act.
10. Whereas, it is alleged that on February 9, 1938, the Co-
Operative Creamery Company, by and through its officers, agents
and employees, did discharge William_ Lounsbury and Clifford
Miller for the reason that they, and each of them, formed, joined
2 This paragraph lists the occupations of the employees of the respondent.
DECISIONS AND ORDERS 717
and assisted in labor organizations, and especially in Local No.
870, International Brotherhood of Teamsters, Chauffeurs, Sta-
blemen and Helpers of America, affiliated with the American
Federation of Labor, and for the reason that such employees,
and each of them, did engage in concerted activities with other
employees of the Company and with the employees of other
companies for the purpose of collective bargaining and other
mutual aid and protection; such discharge being further to dis-
courage unionization at its plant at Richland Center, Wisconsin.
William Lounsbury and Clifford Miller were subsequently re-
instated; but since such reinstatement, the Co-Operative Com-
pany, by and through its officers, agents, and employees, changed
and altered the terms and conditions of employment of William
Loumsbury, to his detriment, because of his activities for and
on behalf of Local 870, and in order to discourage membership
therein.
William Lounsbury had been employed for a year and a half,
as an employee in a supervisory or quasi-supervisory position.
After his reinstatement and after he had worked for a period
of time again in such supervisory or quasi-supervisory capacity,
William Lounsbury's position as foreman of the dryer-room was
vacated, and his salary radically reduced, such change in con-
dition and tenure of work being effectuated in order to dis-
criminate against William Lounsbury, for his activities for and
on behalf of Local 870 and in order to discourage membership in
that organization.
11. Whereas, it is alleged that respondent by and through its
• officers and agents, in the course of its business and operations,
did, from January 14, 1938, and at various intervals thereafter,
refuse to bargain collectively with the authorized representatives
of its employees, namely the International Brotherhood of Team-
sters, Chauffeurs, Stablemen and Helpers of America, Local No.
870, affiliated with the American Federation of Labor, a labor
organization chosen by a majority of its employees eligible for
membership therein, for the purposes of collective bargaining
with respect to rates of pay, hours of employment and other
conditions of employment.
12. Whereas, it is alleged that respondent, by and through its
officers and agents and in the course of its business and oper-
ations, did dominate and interfere with the activities of the But-
ter Makers Association, insofar as that organization purported
to act as a labor organization for the employees in respondent's
plant, and did give encouragement and advice to its employees
to join the Butter Makers Association as a labor organization,
718 NATIONAL LABOR RELATIONS BOARD
did encourage and actively participated in publicity given in
behalf of the Butter Makers Organization as a labor organaiza-
tion, and by other divers and diverse means, did dominate and
interfere with the formation and administration in the plant
among the employees of the Company, of the Butter Makers
Association insofar as it is or purports to be, or representations
were or are made in its behalf as being, a labor organization.
13. The respondent, acting by and through its officers and
agents, in the alleged commission of the acts enumerated in
paragraphs 9, 10, 11, and 12 hereof, did allegedly commit and
does now allegedly commit unfair labor practices affecting com-
merce within the meaning of Section 8 (1), 8 (2), 8 (3), and
Section 2 (6) and 2 (7) of the Act.
14. The respondent, Richland Co-Operative Creamery Com-
pany, hereby waives its right of hearing, as set forth in Section
10 (b) and 10 (c) of the National Labor Relations Act.
15. This Stipulation, along with the Second Amended Charge,
the Complaint, the Notice of Hearing, copy of the Rules and
Regulations of the National Labor Relations Board, and Affi-
davit of Service thereof, may be introduced as evidence by filing
them with the Chief Trial Examiner of the National Labor
Relations Board at Washington, D. C.
16. If approved by the National Labor Relations Board, on
the basis of this stipulation, an Order may forthwith be entered
by said Board.
17. Further, on the basis of this stipulation, a decree enforcing
such Order may be entered by the appropriate Circuit Court of
Appeals, and the respondent, Richland Co-Operative Creamery
Company, hereby waives further notice of the application there-
for, for such enforcing decree.
18. Such Order, forthwith to be entered by said Board and by
the appropriate Circuit Court of Appeals, will provide as
follows :
ORDER
1. The respondent will cease and desist :
(a) From in any manner interfering with, restraining or coerc-
ing its employees in the exercise of their rights to self-organiza-
tion, 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 as guaranteed in
Section 7 of the National Labor Relations Act;
'(b) From in any manner discriminating in regard to hire or
tenure of employment, or any term or condition of employment,
DECISIONS AND ORDERS 719
In order to encourage or discourage membership in any labor
organization ;
(c) From dominating or interfering with the formation or
administration of the Butter Makers Association as a labor
organization of the employees of the plant of the respondent com-
pany at Richland Center, Wisconsin, and from contributing sup-
port of any kind to said Butter Makers Association as a labor
organization;
(d) From refusing to bargain collectively with International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers
of America, Local #870, affiliated with the American Federa-
tion of Labor;
2. The respondent will take the following affirmative action
to effectuate the policies of the National Labor Relations Act :
(a) Upon request, bargain collectively with the International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers
of America, Local #870, affiliated with the American Federa-
tion of Labor, as the exclusive representative of its employees
at the Richland Center, plant, excluding supervisory employees
and field men and excluding the office force, with respect to
rates of pay, wages, hours of employment or other conditions
of employment;
(b) Withdraw all recognition from the Butter Makers Asso-
ciation as representative of its employees for the purpose of
dealing with them concerning grievances, labor disputes, wages,
rates of pay,, hours of employment or conditions of work, and
disestablish all relations to and with said Association as a labor
organization of its employees at the Richland Center plant ;
(c) Offer to William Lounsbury first preference to any super-
visory position which may be created in the future in the dry-
ing room of the company;
(d) Post the following notice for a period of at least thirty
(30) consecutive days from the date of posting, said notice to
appear in conspicuous places in its plant at Richland Center,
Wisconsin :
NOTICE
Pursuant to an Order of the National Labor Relations Board,
dated________________________, 1938, the Richland Co-Oper-
ative Creamery Company is posting the following notice :
The Richland Co-Operative Creamery Company will not inter-
fere with, restrain or coerce its employees in the exercise of the
right to self-organization, to form, join or assist labor organiza-
tions, to bargain collectively with representatives of their own
720 NATIONAL LABOR RELATIONS BOARD
choosing, and to engage in concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
The Richland Co-Operative Creamery Company will not dis-
courage membership in any labor organization by discrimination
in regard to hire or tenure of employment or in regard to any
term or condition of employment. The employees of the Rich-
land Co-Operative Creamery Company are free to join the Inter-
national Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, Local #870, affiliated with the American
Federation of Labor, or any other labor organization, and their
status as employees will not be affected by such action.
The Richland Co-Operative Creamery Company now promises
and offers to William Lounsbury first preference to any super-
visory position in the drying room of the company, in the event
one is created.
The Company will not dominate or interfere with the forma-
tion or administration of any labor organization and will not
contribute financial or other support to any labor organization.
The Company will and hereby does withdraw all recognition
and all contacts with and from the Butter Makers Association
as representative of its employees for the purpose of dealing
with them concerning grievances, labor disputes, wages, rates
of pay, hours of employment, conditions of work, or any other
affairs or interests concerning the employees of the Richland
Co-Operative Creamery Company, and the Company will and
hereby does disestablish all relations and all contacts with the
Butter Makers Association as a, labor organization.
The Company will cease and desist from not bargaining col-
lectively with the International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers of America, Local #870,
affiliated with the American Federation of Labor, as the exclu-
sive bargaining agency of all the production employees at the
Richland Center plant, exclusive of supervisory employees and
field men. The Richland Co-Operative Creamery Company will
bargain collectively with the International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers, Local #870,
affiliated with the American Federation of Labor, as the exclu-
sive representative of its employees, not including supervisory
employees or field men, in regard to rates of pay, wages, hours
of employment or any other conditions of employment.
This notice is to be posted and to remain posted in conspicuous
places in the plant for thirty (30) days.
RICHLAND Co-OPERATIVE CREAMERY COMPANY.
By--------------------•
Dated--------------------
DECISIONS AND ORDERS 721
This stipulation is hereby entered into by the undersigned
parties and, consisting in its entirety of all the foregoing, is
dated July 9, 1938, at Richland Center, Wisconsin. It is made
and entered subject to the specific condition of approval of its
terms, contents, and form by the National Labor Relations
Board, at Washington, D. C.
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 the respondent, Richland Co-Operative Creamery
Company, Richland Center, Wisconsin, and its officers, agents,
successors, and assigns, shall:
1. Cease and desist :
(a) From 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 and to engage in con-
certed 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) From in any manner discriminating in regard to hire or tenure
of employment, or any term or condition of employment, in order
to encourage or discourage membership in any labor organization;
(c) From dominating or interfering with the formation or adminis-
tration of the Butter Makers Association as a labor organization of
the employees of the plant of the respondent company at Richland
Center, Wisconsin, and from contributing support of any kind to
said Butter Makers Association as a labor organization ;
(d) From refusing to bargain collectively with International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of
America, Local No. 870, affiliated with the American Federation of
Labor.
2. Take the following affirmative action to effectuate the policies of
the National Labor Relations Act :
(a) Upon request, bargain collectively with the International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of
America, Local No. 870, affiliated with the American Federation of
Labor, as the exclusive representative of its employees at the Richland
Center plant, excluding supervisory employees and field men and
excluding the office force, with respect to rates of pay, '-ages, hours
of employment, or other conditions of employment;
722 - NATIONAL LABOR RELATIONS BOARD
(b) Withdraw all recognition from the Butter Makers Association
as representative of its employees for.the purpose of,dealing . with
it concerning grievances, labor disputes, wages, rates of pay, hours
of employment, or conditions of work, and disestablish all relations
to and with said Association as a labor organization of its employees
at the Richland Center plant;
(c) Offer to William Lounsbury first preference to any supervisory
position which may be created in the future in the drying room of
the Company;
(d) Post copies of the notice as set forth in the stipulation con-
tained in part II of the Decision above for a period of at least thirty
(30) consecutive days from the date of posting, said notice to appear
in conspicuous places at its plant in Richland Center, Wisconsin.