Seybold Baking Co.

National Labor Relations Board - Board DecisionsFeb 17, 1942

38 N.L.R.B. 1310 (N.L.R.B. 1942)

In the Matter of COLUMBIA BAKING COMPANY, O. A. SEYBOLD BAKING COMPANY and MOTOR TRANSPORT A&D ALLIED SERVICr WORKERS' LOCAL No. 400, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL OR- GANIZATIONS and BAKERY AND CONFECTIONERY WORKERS INTERNA- TIONAL UNION OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, PARTY TO A CONTRACT Case No. C-2091.-Decided February 17, 1942 Jurisdiction : baking industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Alexander E. Wilson, Jr., for the Board. Holmes d Healy, of New York City, Alston, Foster, Sibley, & Miller, and Evans, Mershon d Sawyer, of Miami, Fla., for the re- spondent. Mr. Albert S. Dubbin and Mr. Kenneth L. Zink, of Miami, Fla., for Local 400. Mr. Herbert G. B. King and Mr. Curtis R. Sims, of Chattanooga, Tenn., for the International and for No. 219. Mr. George A. Koplo'w, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Motor Trans- port and Allied Service Workers' Local No. 400, affiliated with the Congress of Industrial Organizations, herein called Local 400, the National Labor Relations Board, herein called the Board, by the Regional Director for the Tenth Region (Atlanta, Georgia),' issued its complaint, dated January 13, 1942, against Columbia Baking Company, operating as Seybold Baking Company, Miami Florida, 'Charges and amended charges were originally filed in the Fifteenth Region of the Board. On November 25, 1941, the Board issued an order transferring the case from! the Fifteenth Region to the Tenth Region. 38 N L. R. B, No. 234 1310 COLUMBIA BAKING COMPANY 1311 herein called the respondent,2 alleging that the respondent had en- gaged in and was engaging in unfair labor practices affecting com- merce 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. Copies of the complaint and notice of hearing were duly served upon the respondent, upon Local 400, and upon Bakery and Confectionery Workers International Union of America, affiliated with the American Federation of Labor, herein called International, a labor organization which was alleged to be a party to a contract with the respondent. Concerning the unfair labor practices, the complaint alleged, in substance, that (1) Local 400 was the duly designated representative of a majority of the respondent's employees in an appropriate unit, and on or about August 21, 1941, and thereafter, the respondent refused to bargain with Local 400; (2) the respondent and the International on or about September 13, 1941, entered into a col- lective bargaining agreement when the respondent knew that the International had been assisted by unfair labor practices on the part of the respondent; ( 3) as a consequence of the unfair labor practices of the respondent certain of its employees went on strike on, or about September 24, 1941; (4) the respondent refused to reinstate 28 named employees who participated in said strike; and (5) by the fore- going acts and by committing, authorizing, instigating , and acquies- cing in certain other enumerated. types of conduct, the respondent interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Section 7 of the Act. On or about January 27, 1942, pursuant to an order of the Re- gional Director extending the time for filing answer , the respondent filed its answer, admitting certain allegations of the,complaint with regard to the nature and extent of its business , but denying the alle- gations of unfair labor practices. On or about January 29, 1942, Bakers Union No. 219 of Miami, Florida, herein called No. 219, having been granted permission to intervene in the proceding, filed an intervening petition denying that Local 400 was the duly designated representative of a majority of the respondent's employees in an appropriate unit and denying that the respondent had committed the unfair labor practices alleged in the complaint, so far as No. 219 and the International were involved. The petition also alleges cer- tain affirmative defenses and alleges that No. 219 is a subordinate of the International and that No. 219, and not the International, is a party to the contract with the respondent, mentioned in the complaint above. 2 In ce, twin of the formal papers the respondent was erroneously designated as "Columbia Baking Company and Seybold Baking Company." 1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to notice, a hearing was begun at Miami, Florida, on January 29, 1942, before William R. Ringer, the Trial Examiner duly designated by the Chief Trial Examiner. On February 3, 1942, dur- ing the course of the hearing, the respondent, Local 400, the Inter- national and No. 219, and counsel for the Board entered into a stipu- lation in settlement of the case. The stipulation provides as follows : A charge having been filed by Motor Transport and Allied Service Workers' Local No. 400, - Affiliated with the Congress of Industrial Organizations (hereinafter referred to as the CIO Union), with the Regional Director of the National Labor Rela- tions Board (hereinafter called the Board) for the Tenth Region, Atlanta, Georgia, alleging that Columbia Baking Company, operating as Seybold Baking Company (hereinafter called the respondent) has engaged in unfair labor practices within the meaning of Section 8, Sub-sections (1), (3) and (5) of the National Labor Relations Act; the Board, through its Regional Director, having issued and served a complaint stating the charge, service of which is hereby acknowledged by the parties; answer having been filed by the respondent and intervening pe- tition having been filed by Bakery and Confectionery Workers International Union of America, Affiliated With the American Federation of Labor, and Bakers Union No. 219 of Miami, Florida, and motion for the filing of such intervening petition having been granted by the Trial Examiner; hearing having commenced before a duly designated Trial Examiner for the Board; and it being the desire of the parties to conclude all proceedings before the Board in this case; , It is hereby stipulated and agreed by Columbia Baking Com- pany, operating as Seybold Baking Company, by its attorneys of record, Holmes & Healy, Alston, Foster, Sibley & Miller, and Evans, Mershon & Sawyer; Motor Transport and Allied Service Workers' Local No. 400, Affiliated with the Congress of Indus- trial Organizations, by its attorney, Albert 'S. Dubbin; Bakery and Confectionery Workers International Union of America, Affiliated with the American Federation of Labor, and Bakers Union No. 219 of Miami, Florida, by their attorney Herbert G. B. King, and its representative, Curtis R. Sims, and Alexander E. Wilson, Jr., Regional Attorney for the National Labor Rela- tions Board, as follows : 1. Respondent, Columbia Baking Company is a Delaware cor- poration, with its main office and place of business in Atlanta, Georgia. Columbia Baking Company has for a long period of time operated a plant in Miami, Florida, engaged in the pro- duction, manufacture, sale and distribution of bread, cake and bakery products. COLUMBIA BAKING COMPANY 1313 2. During the period from January 1, 1941, to December 31, 1941, respondent purchased materials and supplies for its Miami plant amounting to $216,269. Of this amount, $157,272 repre- sented purchases from without the State of Florida. All of said purchases reached the Miami plant by rail and interstate motor carriers. Of the materials purchased within the State of Florida, amounting to $58,997, a majority represents purchases made within the state the materials of which actually originated outside the State of Florida. 3. During the period from January 1, 1941, to December 1, 1941, the respondent, at its Miami plant, produced, manufactured, sold and distributed bakery products amounting in value to $715,- 477. Of this amount 100% was sold within the State of Florida. 4. The respondent employs at its Miami plant approximately 125 persons, of whom approximately 70 are classified as main- tenance and production employees. There is a seasonal fluctua- tion of approximately 20% in the number of employees stated herein. 5. The respondent operates bakeries in the States of Virginia, North Carolina, South Carolina, Georgia and Florida. 6. For the purposes of this stipulation only, respondent sub- mits to the jurisdiction of the National Labor Relations Board. 7. Motor Transport and Allied Service Workers' Local No. 400, Affiliated with the Congress of Industrial Organizations, Bakery and Confectionery Workers International Union of America, Affiliated with the American Federation of Labor, and Bakers Union No. 219 of Miami, Florida, are each labor organizations within the meaning of Section 2, Sub-division (5) of the Na- tional Labor Relations Act. 8. The parties waive their rights to a further hearing of the proceedings by or before the Board and waive their rights to the making of findings of fact and conclusions of law by the Board. 9. The above described charge, complaint, notice of hearing, answer of respondent, intervening petition and this stipulation of settlement shall constitute the entire, record in this proceeding. 10. The parties hereby agree to the issuance by the Board, with- out further notice or proceedings, of an order substantially in the following form, 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 : 438861-42-vol 38 84 1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER The respondent, Columbia Baking Company, operating as Sey-_ bold Baking Company, its officers, agents, successors and assigns, shall take the following action : 1. Shall not : (a) Give effect to the agreement entered into with Bakers Union .No. 219 of Miami, Florida, on or about September 13, 1941, or any modification or extension thereof, or any other contract be- tween respondent and Bakers Union No. 219 of Miami, Florida. (b) Discourage membership in Motor Transport and Allied Service Workers' Local No. 400, Affiliated with the 'Congress of Industrial Organizations, or any other labor organization, of its employees by discrimination in regard to hire or tenure of employ- ment or any terms or conditions of employment. (c) In any other manner interfere with, restrain or coerce its employees in the exercise of the right of the employees 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 Act. 2. To take the following affirmative action to effectuate the - policy of the National Labor Relations Act : (a) Offer to the following employees: H. M. Cox B. J. Davis T. P. Bishop ;N. E. Garner C. I. Bonnell W. E. Hunter V. M. Knight Ena Gerke O. B. Turpin L. L. Bethel J. H. Jessup W.'J. Chambers J. W. Whitfield L. N. Chagnon E. B. Hamm A. W. Brittle, Jr. Lillian Hill A. C. Turpin W. J. Wix _ Carl Cravey J. M. Muller E. M. Holcombe G: E. Wickett E. C. Guise S. L. Davis Lillian Willis Fred Barrett immediate employment at its Miami plant in positions substan- tially equivalent to those held by them immediately prior to September 24, 1941. (b) Pay to the Regional Director of the National Labor Rela- tions Board for the Tenth Region, the sum of $7,500 to be dis- tributed by the Regional Director to the employees named above. COLUMBIA BAKING COMPANY 1315 (c) Withdraw all recognition from Bakers Union No. 219 of Miami, Florida, and/or Bakery and Confectionery Workers International Union of America, Affiliated with the American Federation of Labor, as the representative of any of its employees for the purpose of dealing with the respondent concerning griev- ances, labor disputes , wages, hours of employment , or other con- ditions of employment. (d) Immediately upon notification of approval of this stipula- tion by the Board, post copies of the notice attached hereto and made apart hereof, marked Appendix A, in conspicuous places throughout the respondent 's Miami plant and maintain such notices for a period of twenty (20) consecutive days from the date of posting such notice. (e) Notify the Regional Director of the National Labor Rela- tions Board for the Tenth Region, within ten ( 10) days of the date of the approval by the National Labor Relations Board of this stipulation , upon which this order is based, what steps the respondent has taken to comply therewith. IT IS FURTHER ORDERED that the complaint be, and it hereby is, dismissed insofar as it alleges that respondent refused to bargain with Motor Transport and Allied Service Workers' Local No. 400, Affiliated with the Congress of Industrial Organizations , within the meaning of Section 8, Sub-division ( 5) of the National Labor Relations Act, and insofar as it alleges that J. L., Robertson was refused reinstatement within the meaning of Section 8, Sub- division (3) of the National Labor Relations Act. 11. Upon application by the Board, without further notice to the parties, the United States Circuit Court of Appeals for the Fifth Circuit, or any other appropriate Court, as provided for in Section 10 (c) of the Act, may enter a decree embodying substantially the above order of the Board, and the parties ex- pressly waive their right to contest the entry of such decree. 12. The entire agreement between the parties is contained within the terms of this instrument and there is no verbal agree- ment of any kind which varies, alters or adds to this stipulation. 13. This stipulation is subject to the approval of the National Labor Relations Board and shall become effective immediately upon the granting of such approval. APPENDIX A NOTICE TO EMPLOYEES The Columbia Baking Company , operating as Seybold Baking Company, recognizes fully the rights of its employees to self- organization, to form, join or assist labor organizations , to bar- 1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collec- tive bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act, and states further that: (1) It will not give further effect to the agreement entered into with Bakers Union No. 219 of Miami, Florida, on or about September 13, 1941, or any modification or extension thereof, or any contract between the Company and Bakers Union No. 219 of Miami, Florida, in existence at this time. (2) It will not discourage membership in Motor Transport & Allied Service Workers Local No. 400, affiliated with the C. I. O., or Bakers Union No. 219 of Miami, Florida, affiliated with the A. F. of L., or any other labor organization of its employees, by discrimination in regard to hire or tenure of employment or any terms and conditions of employment. (3) It will not in any other manner interfere with, restrain, or coerce its employees in the exercise of the rights of its em- ployees to self-organization, to form, join or assist labor organ- izations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the pur- pose of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. This the - day of February, 1942. COLUMBIA BAKING COMPANY 0. A., SEYBOLD BAKING COMPANY, By , Manager. On February 9, 1942, 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 entering a decision and order pursuant to the provisions of the stipulation. On the basis of the above stipulation and upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT Columbia Baking Company, operating as Seybold Baking Com- pany, a Delaware corporation with its main office and place of busi- ness in Atlanta, Georgia, operates a plant in Miami, Florida, the only phase of its operations involved in this proceeding, where it en- gages in the production, manufacture, sale, and distribution of bread, COLUMBIA BAKING COMPANY 1317 cake, and bakery products. During 1941 the respondent purchased materials and supplies amounting to $216,269, of which amount $157,272 represented purchases from outside the State of Florida. Of the materials purchased within the State of Florida, amounting to $58,997, a majority actually originated outside the State of Flor- ida. During 1941 the' respondent's products amounted in value to $715,477, all of which were sold within the State of Florida. We find that the above-described operations constitute a continu- ous flow.,of trade, traffic, and commerce among the several States. ORDER On 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 Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that Columbia Baking Company, operating as Seybold Baking Company, Miami, Florida, its officers, agents, successors, and assigns : 1. Shall not : (a) Give effect to the agreement entered into with Bakers Union No. 219 of Miami, Florida, on or about September 13, 1941, of any modification or extension thereof, or any other contract between respondent and Bakers Union No. 219 of Miami, Florida. (b) Discourage membership in Motor Transport and Allied Serv- ice Workers' Local No. 400, Affiliated with the Congress of-Industrial Organizations, or any other labor organization, of its employees by discrimination in regard to hire or tenure of employment or any terms or conditions of employment. (c) In any other manner interfere with, restrain or coerce its em- ployees in the exercise of the right of the employees 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 bargain- ing or other mutual aid or protection, as guaranteed in Section 7 of the Act. 2. Shall take the following affirmative action to effectuate the poli- cies of the Act : (a) Offer to the following employees: H. M. Cox J. W. Whitfield T. P. Bishop E. B. Hamm C. I. Bonnell Lillian Hill V. M. Knight W. J. Wix O. B. Turpin J. M. Muller J. H. Jessup G. E. Wickett 1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD S. L. Davis L. N. Chagnon Fred Barrett 'A. W. Brittle, Jr. B. J. Davis A. C. Turpin N. E. Garner Carl Cravey W. E. Hunter E. M. Holcombe Ena Gerke E. C. Guise L. L. Bethel Lillian Willis W. J. Chambers immediate employment at its Miami plant in positions substantially equivalent to those held by them immediately prior to September 24, 1941. (b) Pay to the Regional Director of the National Labor Relations Board for the Tenth Region, the sum of $7,500 to be distributed by the Regional Director to the employees named above. (c) Withdraw all recognition from Bakers Union No. 219 of Miami, Florida, and/or Bakery and Confectionery Workers International Union of America, Affiliated with the American Federation of Labor, as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, hours of employment, or other conditions of employment. (d) 'Immediately upon notification of approval of this stipulation by the Board, post copies of the notice attached hereto and made a part hereof, marked Appendix A, in conspicuous places throughout the respondent's Miami plant and maintain such notices for a period of twenty (20) consecutive days from the date of posting such notice. (e)- Notify the Regional Director of the National Labor Relations Board for the Tenth Region, within ten (10) days of the date of the approval by the National Labor Relations Board of this stipulation, upon which this order is based, what steps the respondent has taken to comply therewith. IT'IS FURTHER ORDERED that the complaint be, and it hereby is, dis- missed insofar as it alleges that respondent refused to bargain with Motor Transport and Allied Service Workers' Local No. 400, Affiliated with the Congress of Industrial Organizations, within the meaning of Section 8, Sub-division (5) of the National Labor Relations Act, and insofar' as it alleges that J. L. Robertson was refused reinstatement within the meaning of Section' 8, Sub-division (3) of the National Labor Relations Act. COLUMBIA BAKING COMPANY APPENDIX A NOTICE TO EMPLOYEES 1319 The Columbia Baking Company , operating as Seybold Baking Com- pany, recognizes fully the right of its employees 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 purposes of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the , National Labor Relations Act, and states further that : (1) It will not give further -effect to the agreement entered into with Bakers Union No. 219 of Miami, Florida, on or about September 13, 1941, or any modification or extension thereof, or any contract between the Company and Bakers Union No. 219 of Miami, Florida, in existence at this time. (2) It will not discourage membership in Motor Transport & Allied Service `Yorkers Local No. 400, affiliated with the C . I. 0., or Bakers Union No. 219 of Miami, Florida, affiliated with the A. F. 'of L., or any other labor organization of its employees , by discrimination in regard to hire or tenure of employment or any terms and conditions of employment. (3) It will not in any other manner interfere with , restrain, or coerce its employees in the exercise of the rights of its employees to self-organization , to form, joint 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 bargain- ing or other mutual aid and protection , as guaranteed in Section 7 of the National Labor Relations Act. This the - day of February, 1942. COLUMBIA BAKING COMPANY O. A., SEYBOLD BAKING COMPANY, By , Manager.