Sebastiani Canning Co.

National Labor Relations Board - Board Decisions

Oct 14, 1940

27 N.L.R.B. 802 (N.L.R.B. 1940)

In the Matter of S. J. MILLER AND J. A. MAITLAND, CO-PARTNERS,
DOING BUSINESS UNDER THE NAME AND STYLE OF SEBASTIANI CANNING
COMPANY and CANNERY WORKERS UNION, LOCAL 20676, A. F. OF L.
Case No. C-167'l,.Decided October 14, 1940
Jurisdiction : canning industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Earle K. Shawe, for the Board. '
Mr. Meyer L. Lewis and Mr. Charles J. Janigian, of San Francisco,
Calif., for Local 20676.
Mr. A. R. Grinstead, of Sonoma, Calif., for the Association and
the Sonoma Union.
Mr. Webster V. Clark and Mr. S. J. Miller, of Sonoma, Calif., for
the respondent.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by Cannery Workers Union,
Local 20676, A. F. of L., herein called Local 20676, the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Twentieth Region (San Francisco, California), is-
sued its complaint dated September 11, 1940, against S. J. Miller
and J. A. Maitland, co-partners, doing business at Sonoma, Califor-
nia, under the name and style of Sebastiani Canning Company, 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. Copies of the complaint and accompanying
notice of hearing were duly served upon the respondent and Local
20676, and upon Sonoma Valley Cannery Workers Association,
27 N. L. R. B, No. 143.
802
SEBASTIANI CANNING COMPANY 803
herein called the Association, and Sonoma Canners Union, herein
called the Sonoma Union, labor organizations alleged in the com-
plaint to have been and to be dominated by the respondent.
Concerning the unfair labor practices the complaint alleged in
substance (1) that the respondent initiated, dominated, and inter-
fered with the administration of two successive labor organizations
of the respondent's employees,,namely, the Association and the So-
noma Union, and contributed financial and other support to them;
(2) that the respondent discouraged membership in Local 20676'
by locking out and laying off a number of its employees, because they
had joined or assisted Local 20676; (3) that, although Local 20676
had been designated as their bargaining representative by a majority
of the respondent's employees in an appropriate unit, the respondent
refused to bargain collectively with Local 20676 as the exclusive rep-
resentative of the respondent's employees within such unit; (4) that
the respondent did urge, persuade, and warn its employees to refrain
from becoming or remaining members of Local 20676; and (5) that
by the foregoing acts - and refusals and by 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 September 12, 1940, the respondent, Local 20676, the Asso-
ciation, the Sonoma Union, and counsel for the Board entered into
a stipulation in settlement of the case. This stipulation provides
as. follows :
STIPULATION
IT IS FIERFJ Y STIPULATED AND AGREED by andbetween S. J. Miller
and J. A. Maitland, co-partners, doing business under the name
and style of Sebastiani Canning Company (hereinafter called
the Respondent), by S. J. Miller, co-partner, and Webster V.
Clark, their attorney; Cannery Workers Union, Local 20676,
A. F. of L. by Meyer Lewis, Western Director of the American
Federation of Labor; Sonoma Valley Cannery Workers Asso-
ciation by A. R. Grinstead, its attorney; Sonoma Canners Union,
by A. R. Grinstead, its attorney, and Earle K. Shawe, attorney,
National Labor Relations Board, as follows :
I
Respondent is a partnership, composed of S. J. Miller and
J. A. Maitland as co-partners, doing business under the name
and style of Sebastiani Canning Company, having its office and .
place of business in the City of Sonoma, County of Sonoma,
State of California, hereinafter called the Sonoma Plant, and
is engaged in the canning, preserving and processing of fruits,
804 DECISIONS OF^ NATIONAL LABOR RELATIONS BOARD
vegetables, and fruit and vegetable products, and in the ware-
housing, sale and distribution thereof.
Respondent's products for the year 1939 amounted in volume
to approximately 95,085 cases and in value to approximately
$288,371.55, of which in volume approximately 71.313 cases and
in value approximately $216,278.65 were sold and shipped by
respondent from the Sonoma Plant in the State of California
to, into or through points in the United States outside the State
of California and to foreign countries.
For the sole purpose of this proceeding, and for no other
purpose, respondent stipulates to the above facts and admits
that it is engaged in-commerce within the meaning of Sections
2 (6) and 2 (7) of the National Labor Relations Act (herein-
after called the Act), 49 Stat. 449.
II
Cannery Workers Union, Local '20676, A. F. of L., affiliated
with the American Federation of Labor, • is a labor organization
within the meaning of Section 2. (5) of the Act.
III
(1) Sonoma Valley Cannery Workers Association was at all
times material herein, a labor organization within the meaning
of Section 2 (5) of the Act.
(2) Sonoma Canners Union is a labor organization within
the meaning of Section 2- (5) of the Act.
IV
All of the parties hereto, and each of them, hereby waive
their right to file an answer to the Complaint of the National
Labor Relations Board filed herein, and their right to a hearing,
and to appear in person or otherwise and to give testimony and
examine or cross-examine witnesses (as provided in Section
_10 (b) of the Act and in National Labor Relations Board Rules
and Regulations-Series 2, as amended) ; and all of the parties
hereto, and each of them, hereby waive the making of findings
of fact and conclusions of -law by the National Labor Relations
Board and any other or further procedure or proceedings by or
before the National Labor Relations Board that may be pro-
vided in the National Labor Relations Act or the National Labor
Relations Board Rules and Regulations-Series 2, as amended;
and all of the parties hereto, and each of them, agree that the
formal papers in this proceeding, including the Second Amended
Charge, Complaint and Notice of Hearing, Affidavit of Service
SEBASTIANI CANNING COMPANY 805•
of Complaint and Notice of Hearing, copy of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
and this Stipulation, and nothing more, shall constitute the en-
tire record in this case, and shall- dispense with the necessity
for the hearing referred to in said Complaint and Notice of
Hearing, and as provided in Section 10 (b) of the National
Labor Relations Act. This waiver and agreement is expressly
conditioned upon the approval of this Stipulation by the Na-
tional Labor Relations Board.
It is agreed that the record in this case shall be filed with
the National Labor Relations Board in Washington, D. C., by
filing the same with the Chief Trial Examiner of said Board.
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, the
parties join in this Stipulation to the end that this matter may
be amicably and promptly settled. Therefore, to this end, upon
the record herein, and upon this Stipulation, if and when ap-
proved by the National Labor Relations Board, an Order may
forthwith be entered by said Board, providing as' follows:
1. Respondent shall cease and desist from :
(a) In any manner interfering with, restraining, or co-
ercing its employees, or any of them, in the Sonoma Plant,
in the exercise of their right to self-organization, 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) Warning its employees, or any of them, to refrain from
'becoming or remaining members of the Cannery Workers
-Union, Local 20676, A. F. of L., or any other labor organiza-
tion of its employees;
(c) Discouraging membership in Cannery Workers Union,
Local 20676, A. F. of L., or any other organization of its
employees, by discrimination against said employees or any
of them with respect to hire or tenure of employment or
any term or condition thereof ;
(d) Encouraging membership in Sonoma Valley Cannery
Workers Association, Sonoma Canners Union, or any other
labor organization of its employees, by discrimination against
806 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
said employees or any of them with respect to hire or tenure
of employment or any term or condition thereof;
(e) Dominating or interfering with the administration of
the Sonoma Valley Cannery Workers Association, Sonoma
Canners Union, or dominating or interfering with the forma-
tion or administration of any other labor organization of its
employees, or contributing financial or other support to the
Sonoma Valley Cannery Workers Association, Sonoma Can-
ners Union, or to•any other labor organization of its employees.
2. Respondent shall take the following affirmative action in
order to effectuate the policies of the National Labor Relations
Act :
(a) Withdraw all recognition from the Sonoma Valley
Cannery Workers Association and the Sonoma Canners Union
as the representative of its employees at its Sonoma Plant
for the purpose of dealing with the respondent concerning
grievances, labor disputes, wages, rates of pay, hours of em-
ployment, . and other conditions of employment,' and com-
pletely disestablish the Sonoma Valley Cannery Workers
Association and the Sonoma Canners Union as such repre-
sentative ;
(b) Immediately and in writing offer -to the employees
whose names appear upon Appendix A 1 of this Order, and
each of said employees, full and unconditional reinstatement
to their former positions, or positions substantially equivalent
thereto, at the beginning of the 1941 canning season, without
prejudice to their seniority and other rights and privileges;
respondent shall be deemed to have made said offer by the
sending of letters by registered mail containing" said offer
of employment as set forth herein to the last known address
of each of the employees whose names appear upon said
Appendix A ;
(c) Pay to the employees, and each of them, named in Ap-
pendix B hereof,2 in full settlement for any loss of pay they
have suffered by reason of their layoff during the 1939 aspar-
agus season, the sums respectively set out after their names
on said Appendix B ;
(d) Post ,immediately in conspicuous places at its Sonoma
Plant, and maintain until the end of the -1940 season, and again
post at the beginning of the 1941 season in conspicuous places
1 Appendix "A" of this stipulation is hereinafter set forth as Appendix "A" of the
Board's order.
1 Appendix "B" of this stipulation is hereinafter set forth as Appendix "B" of the
Board's order.
SEBASTIANI CANNING COMPANY 807
at its Sonoma Plant and maintain for a period of at least
sixty (60) days,,notices stating that:
(1) Sebastiani Canning Company will not engage in any
of the acts or practices set forth in paragraphs 1 (a), (b),
(c) and (d),hereinabove;
(2) Sebastiani Canning Company will take the affirma-
tive action set forth in paragraph 2 (a) hereinabove;
(3) Employees of Sebastiani Canning Company are free
to joint or assist any labor organization they may choose
and that their employment status with Sebastiani Canning
Company will not be affected in any way thereby and that
the Sebastiani Canning Company will not in any way inter-
fere with the choice of its employees of any such labor
organizationj.
(f) Notify the Regional Director of the Twentieth Region,
National Labor Relations Board, in writing, within ten (10)
days from the, date of this Order of the steps respondent has
taken to comply, herewith.
VI,
Those portions of the Complaint alleging that the respondent
has engaged in and is engaging in unfair labor practices within
the meaning of Section 8 (5) of the Act, to wit, Paragraphs
VII (1), (2) and (3), are hereby dismissed.
VII
a
(1) It is understood and agreed that Fred Bridges, John
Melgar, and Alice Ventura, named in Appendix B hereof, are
not to be reinstated in the respondent's Sonoma Plant.
(2) It is further understood and agreed that,only the persons
named in Appendix B hereto are entitled to back pay by reason
of the alleged lay-off s, and said payments by respondent shall
be in full settlement of all claims for back pay herein.
VIII
After the entry of the Order by the'National Labor Relations
Board as provided for in this Stipulation, there may be entered
in the United States Circuit Court of Appeals for the Ninth
Circuit a Decree by said Court enforcing the said Order of the
National Labor Relations Board, and each of the parties hereto
consents to the entry of such Decree and hereby waives prior
notice thereof.
808 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
IX
It is expressly understood and agreed that this Stipulation and
the Order and Decree provided for herein shall be a complete
and final disposition of all the issues raised by the charges and
complaint in this proceeding and that no other or further pro-
cedure, order or decree, other than those provided for herein,
shall be instituted or made with respect to the subject matters
contained in the Charges and Complaint herein against any of
the parties to this Stipulation.
X
It is expressly understood and agreed that this Stipulation is
subject to the approval of the National Labor Relations Board.
XI
The terms of this Stipulation contain and set forth the entire
agreement by and between the parties hereto, and there is no
agreement of any kind which-varies, alters, or adds to this Stip-
ulation.
On September 21, 1940,. the Board issued its order approving the
above stipulation and making it a part of the record in the case,
and transferring the proceeding to and continuing it before the Board
for the purpose of the entry of a Decision and Order by the Board
pursuant to the provisions of the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
S. J. Miller and J. A. Maitland are copartners, doing business under
the name and style of Sebastiani Canning Company. The respondent
is engaged at a plant at Sonoma, California, in the canning, pre-
serving, and processing, warehousing, sale, and distribution of fruits,
vegetables, and fruit and vegetable products. During the year 1939
the respondent's products amounted , in volume to approximately
95,000 cases, and were valued at approximately $288,000, of which
approximately 71,000 cases, valued at approximately $216,000, were
shipped by the respondent from its plant to points-outside of Cali-
fornia, and to foreign countries. The respondent admits for the pur-
pose of this case that it is engaged in commerce within the meaning
of Section 2 (6) and (7) of the Act.
SEBASTIANI CANNING COMPANY 8O0.
We find that the above-described operations of the respondent
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 S. J. Miller and J. A. Maitland, co-partners, doing
business under the name and style of Sebastiani Canning Company,
their agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its
employees, or any of them, in the Sonoma Plant, in the exercise of
their right to self-organization, to form, join or assist-labor organiza=
tions, 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) Warning its employees, or any of them, to refrain from be-
coming or remaining members of the Cannery Workers Union, Local
20676, A. F. of L., or any other labor organization of its employees;
(c) Discouraging membership in Cannery Workers Union, Local
20676, A. F. of L., or any other organization of its employees, by
discrimination against said employees or any of them with respect to
hire or tenure of employment or any term or condition thereof ; '
(d) Encouraging membership in Sonoma Valley Cannery Workers
Association, Sonoma Canners Union, or any other labor organization
of its employees, by discrimination against said employees or any of
them with respect to hire or tenure of employment or any term or
condition thereof.
_(e) Dominating or interfering with the administration of the
Sonoma Valley Cannery Workers Association, Sonoma Canners
Union, or dominating or interfering with the formation or adminis-
tration of any other labor organization of its employees, or contribut-
ing financial or other support to the Sonoma Valley Cannery Workers
Association, Sonoma Canners Union, or to any other labor organization
of its ,employees.
'2. Take the following affirmative action in order to effectuate the
policies of 'the Act :
(a) Withdraw all recognition from the Sonoma Valley,Cannery
Workers Association and the Sonoma Canners Union as the repre-
sentative of its employees at its Sonoma Plant for the purpose of
dealing with the 'respondent concerning grievances, labor disputes,
810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wages,- rates , of pay, hours of employment , and, other conditions of
employment, and completely disestablish the Sonoma Valley Cannery
Workers Association and the Sonoma Canners Union as such repre-
sentative ;
(b) Immediately and in writing offer to the employees whose names
appear upon Appendix A of this , Order, and each of said employees,
full and unconditional reinstatement to their former positions, or
positions substantially equivalent thereto, at the beginning of the
1941 canning season , without prejudice to their senority and other
rights and privileges ; respondent shall be deemed to have made said
offer by the sending of letters by registered mail containing said,
offer of employment as set forth herein to the last known address of
each of the employees whose names appear upon said Appendix A;
(c) Pay to the employees , and each -of them, named in Appendix
B hereof; in full settlement for any loss of pay they have suffered by
'reason of their layoff during the 1939 -asparagus season, the, sums re-
spectively set out after their names on said Appendix B;
(d) Post immediately in, conspicuous places at its Sonoma - Plant,
and maintain until -the end of the 1940 season , and again post at the
beginning of ' the 1941 season in conspicuous places at its Sonoma
Plant and maintain for a period of,at least sixty (60) days, notices
stating that :
(1) Sebastiani Canning Company will not engage in any of the
acts ' or practices set forth in paragraphs 1, (a), (b), (c) . and -(d)
hereinabove;
(2) ' Sebastiani Canning Company will take the affirmative action
set forth in paragraph 2 (a) hereinabove;
(3) Employees of Sebastiani Canning Company are free to,join or
assist any labor organization they may choose and that their ern"-
ployment status with Sebastiani Canning Company will not be af-
fected in any way thereby and that the Sebastiani Canning Company
will not in any way interfere with the choice of its employees of any
such labor organization.
(f) Notify the - Regional Director of the Twentieth Region, Na-
tional Labor Relations Board, in writing , within ten ( 10) days from
the date of this Order of the steps ' respondent has taken to comply
herewith.
AND IT IS FURTHER ORDERED that the complaint be, and it hereby is,
dismissed in so far as it alleges that the respondent has engaged in
or is engaging in unfair labor practices within the meaning of Sec=
tion 8 0 ) of the National Labor Relations Act. ' -
SEBASTIANI CANNING COMPANY
APPENDIX, A
Adams, Erna
Barr, Ray
-Baumann, A. -
Beasley, Tillie
Behrns, Ada
Behrns, Audry
Browder, Evera
Burgos, A.
Diperno, Mary
' Diperno, R.
Dwyer, M.
England, Ruth
Giovannini, Virginia
Gober, Alice
Gonzales, Manuel
Guerrero, Inez
Guerrero, Tony
Hartung, W.
Hernandez, Laura
Herrero, Emily
Herrero, M.
Herrero, Miguel
Hyre, Bill
King, Josephine
King, Ralph
Landari, Grace
Ledesma, Angelina
Ledesma, Frank
Ledesma, Mary! - .
Ledesma, Carmen
-Losado, Froillan
Maahs, Angelina
Maahs, Bill
Markwald, Margaret
Matteoni, Virginia
Melgar, Frances
Melgar, Robert
Mendonca, Dorothy
-Mendonca, M. A.
Milligan, Wanda
Propin, Julia
Ries, Ted A.
Robinson, Olen
Rodrigo, Adolpha
Rogers, Berlie
Rose, Olive
Rossi, Clara
Ruano, Mary
Rugolo, Anna
Tesconi, Sadie
Venturi, Nat
Walias, Antionette
Walias, John
Walias, Josephine
Walias, Mary
Walias, Sebastian
Williams, Adah
811
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Adams, Erna__________________ $20. 10' Losado, Froillan_______________ $23.40
Beasley , Tillie -------- __----- 16.79 Maahs, Angelina ______________ 26.25
Behrns, Ada ------------ 7 ----- 22.20 Maahs, Bill___ ________________ 25.10
Behrns, Audry ---------------- 12.32 Markwald , Margaret ---------- 21.84
Bridges, Fred_________________ 26.20 Melgar , Frances_______________ 24.58
Browder, Evera__ _____________ 16.94 Melgar , John _________________ 22.90
Burgos, A_____________________ 26.46 Melgar , Robert________________ 19.80
England, Ruth________________ 13.40 Propin , Julia _________________ 18.65
Gonzales , Manuel ------------- 22.90 Rodrigo, Adolpha ------------- 21.89
Guerrero , Inez ---------------- . 26. 64 Ruano, Mary__________________ 17.34
TG 26 90ony_______________uerrero , .
Ventura, Alice ---------------- 24.70
Herrero, Emily --------------- 21.37 Venturi, Nat__________________ 29.00
Herrero, M___________________ 16.92
Herrero, Miguel ------ -------- 23.40 Walias, Antionette ------------ 23.74
Walias, John ----------------- 23.10
Ledesma, Angelina____________ 20.02 Walias, Josephine_____________ 21.51
Ledesma, Carmen_____________ 25.74 Walias, Mary_________________ 23.49
Ledesma, Frank -------------- 22.90 Walias, Sebastian_____________ 25.10
Ledesma , Mary _______________ 22.24