Standard Rendering Co.

National Labor Relations Board - Board Decisions

Nov 16, 1938

9 N.L.R.B. 886 (N.L.R.B. 1938)

In the Matter Of STANDARD RENDERING COMPANY and UNITED SOAP
AND GLYCERINE WORKERS, ,LOCAL 114, AFFILIATED WITH THE COM-
MITTEE FOR INDUSTRIAL ORGANIZATION
Case No. C-910.-Decided- November 16, 1938
Meat Products `Ma iufdcturing Itiidustry=Settlement : stipulation providing
for reinstatement and back pay and recognition of union-Order: entered on
stipulation.
Mr. Paul F. Broderick, for the Board.
Mr. M. W. Borders, Jr., of Kansas City, Mo., for the respondent.
.Mr. Langdon West, of counsel to the Board.
DECISION.
AND
ORDER
STATEMENT OF THE CASE
Upon charges duly filed by the United Soap and Glycerine
Workers, Local 114, Affiliated with the Committee for Industrial
Organization, herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Seventeenth Region (Kansas City, Missouri), issued its complaint
dated September 8, 1938, against Standard Rendering Company,
Kansas City, Kansas, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (2),
(3), and (5) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. A copy of the com-
plaint and the notice of hearing thereon were duly served upon the
respondent and the Union.
Concerning the unfair labor practices the complaint alleged, in
substance, that (1) although on or about February 24, 1938, and
at all times thereafter, a majority of the respondent's employees in
an appropriate unit at the Kansas City plant designated the Union
as their representative for purposes of collective bargaining, the
respondent refused to bargain collectively with the Union; (2) the
respondent interfered with and dominated the formation and admin-
istration of a labor organization among its employees in its Kansas
9 N. L. R. B., No. 82.
886
DECISIONS AND ORDERS 887
City plant known as Standard Rendering Company Independent
Workers' Union, herein called the Workers' Union, and contributed
financial and other support to it; (3) respondent terminated the em-
ployment and refused to reinstate one named employee because he
was a member of the Union and had been active in its affairs; (4) the
respondent, by the acts described above, and in addition, by closing
down its plant to allow employees to attend an organization meeting
of the Workers' Union, by offering wage increases to leaders of
the Union to induce them to abandon the Union, and by other acts,
interfered with, restrained, and coerced its employees in the exercise
of the rights guaranteed in Section 7 of the Act.
Pursuant to notice, a hearing was held on September 15 and 16,
1938, at Kansas City, Missouri, before J. J. Fitzpatrick, Trial Exam-
iner duly designated by the Board. The Board and the respondent
participated in the hearing and were represented by counsel. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties. During the hearing on September 16, 1938, the respondent,
the Union, the Workers' Union, and counsel for the Board entered
into a stipulation in settlement of the case.
The stipulation provides as follows :
It is hereby stipulated and agreed by and between the Re-
spondent, Standard Rendering Company, by Sam H. Ray, Gen-
eral Manager, and its attorney M. W. Borders, Jr., and United
Soap and Glycerine Workers, Local 114, affiliated with the
Committee for Industrial Organization, and Standard Render-
ing Company, Independent Workers Union, and Paul F. Brod-
erick, Regional Attorney, National Labor Relations Board,
Seventeenth Region, as follows :
I
1. Upon charges duly filed by the United Soap and Glycerine
Workers, Local 114, affiliated with the Committee for Industrial
Organization, hereinafter referred to as the Union, Ernest C.
Dunbar, Acting Regional Director, 17th Region of the National
Labor Relations Board, agent of the National Labor Relations
Board acting pursuant to authority granted in Section 10 (b) in
the National Labor Relations Act, approved July 5, 1935, and
acting pursuant to its Rules and Regulations-Series 1, as
amended-Article IV, Section 1, issued its complaint and notice
of hearing on the 8th day of September, 1938, against the Stand-
ard Rendering Company, Respondent herein. On the 15th day
of September, 1938, hearing in this matter was commenced in
the Scarritt Building, Kansas City, Missouri, before J. J. Fitz-
patrick, duly designated as Trial Examiner.
888 NATIONAL LABOR RELATIONS BOARD
2. It is hereby stipulated and agreed , subject to the approval
of the National Labor Relations Board, that :
(a) Respondent expressly waives its right to file an answer,
to offer any further evidence and to the taking of further testi-
mony in the hearing of this matter;
(b) Respondent waives the making of findings of fact by the
National Labor Relations Board ;
(c) Respondent expressly consents , without admitting or deny-
ing violations of the National Labor Relations Act, to the issu-
ance by the National Labor Relations Board of a decision and
order based upon the testimony in this matter and this stipulation
as hereinafter set out.
3. Respondent , Standard Rendering Company, is engaged in
interstate commerce within the meaning of the National Labor
Relations Act, facts in regard to the nature and character of
Respondent's business having been introduced into the record in
this matter.
4. The United Soap and Glycerine Workers, Local 114, affil-
iated with the Committee for Industrial Organization , herein-
after referred to as the Union, is a labor organization within the
meaning of Section 2 , subdivision (5) of said Act.
5. Standard Rendering Company, Independent Workers'
Union, hereinafter referred to as Workers' Union, is a labor or-
ganization within the meaning of Section 2, subdivision (5)
of said Act.
6. The Workers' Union will forthwith disestablish itself as a
collective bargaining agency.
7. All employees of the Kansas City plant, exclusive of super-
intendents , foremen, watchmen , salesmen, office personnel and
truck drivers , constitute a unit appropriate for the purposes of
collective bargaining in order to insure to the employees the
full benefit of their right to self-organization , to bargain collec-
tively and otherwise to effectuate the policies of the Act.
8. On or about February 24, 1938, and at all times thereafter,
a majority of the employees of said unit had designated the
Union as their representative for the purposes of collective bar-
gaining with the Respondent, and, by virtue of such designation,
said Union at all times since February 24, 1938, has, by virtue of
Section 9 ( a) of said Act, been the exclusive representative
of all employees in said unit for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment
and other conditions of employment.
Tt is further stipulated and agreed by and between the re-
spective parties hereto that the National Labor Relations Board
DECISIONS AND ORDERS 889
may forthwith enter an order in the above-entitled case to the
following effect :
Respondent, St'ahdard Rendering Company, shall:
1. Cease and desist from the date hereof :
(a) From in any manner interfering with, restraining or co-
ercing its employees in the exercise of their rights to self -organ-
ization, 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 and other mutual aid and protection, as guaranteed
in Section 7 of the Act;
(b) From discouraging membership in the Union or any
other labor organization of its employees, or encouraging mem-
bership in the Workers' Union, or any other organization of
its employees, by discriminating against employees in regard to
hire, tenure of employment or any other term or condition of
employment ;
(c) From dominating or interfering with the administration
of the Workers' Union, or with the formation or administration
of any other labor organization of its employees, and from con-
tributing financial or other support to the Workers' Union or any
other labor organization of its employees; from recognizing the
Workers' Union as the exclusive bargaining agency for all of its
employees.
2. Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Pay immediately to A. S. McReynolds the sum of two
hundred twenty-five dollars ($225.00) and place him upon a
preferred list of employment to be the first recalled to his former
position of mechanic's helper in the garage, when business of the
Respondent warrants the hiring of a mechanic's helper in the
garage, and to place him upon a list to be hired as a truck driver,
after those employees who have seniority as truck drivers have
returned to the employ of Respondent, the recall of said McReyn-
olds to be without prejudice to seniority rights and other privi-
leges previously enjoyed;
(b) Refrain from recognizing the Workers' Union as the col-
lective bargaining representative of its employees in the unit
described above;
(c) Upon request, bargain collectively with the Union as the
exclusive representative of all the employees at the Kansas City
plant, exclusive of superintendents, foremen, watchmen, sales-
men, office personnel and truck drivers, in respect to rates of
pay, wages, hours of employment and other conditions of employ-
ment;
890 NATIONAL LABOR RELATIONS BOARD
(d) Immediately post notices in conspicuous places throughout
its plant and maintain such notices for a period of thirty (30)
consecutive days, stating :
(1) That the Respondent will cease and desist, as aforesaid,
and
(2) That the Respondent will take the affirmative action
aforesaid,
(3) Notify the Acting Regional Director for the Seventeenth
Region within a period of ten (10) days after the entry of the
order what steps have been taken to comply with the said order.
III
It is further agreed that this stipulation shall be introduced
into evidence as an exhibit at the hearing in this matter and the
facts herein contained shall have the same force and effect as if
testified to by competent witnesses.
IV
It is further stipulated and agreed that after the making of
said order and decision by the National Labor Relations Board,
said Board may submit , without further notice to the parties
hereto, a consent decree to the appropriate Circuit Court of the
United States Circuit Court of Appeals, which decree shall
provide for the affirmance and enforcement in full of each and
every provision contained in the order which it is hereinbefore
provided that the National Labor Relations Board may make
herein, and the several parties hereto hereby consent to the
entry of said decree by said appropriate Circuit Court of
Appeals.
V
All stipulations herein made and terms and provisions thereof
are made subject to the approval of the National Labor Relations
Board.
On September 22, 1938, the Board issued its order approving the
above stipulation , making it part of the record , and 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 entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, a Delaware corporation, is engaged in the pro-
duction of tallow, grease, tankage and hides, with its principal office
DECISIONS AND ORDERS 891
and plant located at Kansas City, Kansas. The raw materials used
by respondent are dead animals and "shot fat." During the year
1937, respondent used 20,000,000 pounds of raw products, of which
approximately 50 per cent were shipped to the respondent's plant
from points outside the State of Kansas. During the same year the
respondent sold finished products amounting to $530,000, of which
about one-third were shipped to points outside the State of Kansas.
We find the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
H. THE ORGANIZATIONS INVOLVED
The United Soap and Glycerine Workers, Local 114, Affiliated
with the Committee for Industrial Organization, is a labor organiza-
tion admitting to membership employees of the respondent.
Standard Rendering Company Independent Workers' Union is
an unaffiliated labor organization admitting to membership em-
ployees of the respondent.
III. THE APPROPRIATE UNIT
We find that all employees of the respondent at its Kansas City
plant, exclusive of superintendents, foremen, watchmen, salesmen,
office personnel, and truck drivers constitute a unit appropriate for
the purposes of collective bargaining, and that such unit insures to
the employees the full benefit of their rights to self-organization and
collective bargaining and otherwise effectuates the policies of the Act.
IV. REPRESENTATION OF A MAJORITY WITHIN THE APPROPRIATE UNIT
We find that on or about February 24, 1938, and at all times
thereafter, a majority of the employees in the aforesaid unit desig-
nated the Union as their representative for the purpose of collective
bargaining with the respondent. By virtue of Section 9 (a) of the
Act, therefore, the Union was the exclusive representative of all
employees in the said unit for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment and other
conditions of employment. -
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 Standard Rendering Company, Kansas City,
Kansas, shall:
892 NATIONAL LABOR RELATIONS BOARD
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 concerted
activities for the purpose of collective bargaining and other mutual
aid and protection, as guaranteed in Section 7 of the Act;
(b) From discouraging membership in the Union or any other labor
organization of its employees, or encouraging membership in the
Workers' Union, or any other organization of its employees, by dis-
criminating against employees in regard to hire, tenure of employment
or any other term or condition of employment;
(c) From dominating or interfering with the administration of
the Workers' Union, or with the formation or administration of any
other labor organization of its employees, and from contributing
financial or other support to the Workers' Union or any other labor
organization of its employees; from recognizing the Workers' Union as
the exclusive bargaining agency for all of its employees.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Pay immediately to A. S. McReynolds the sum of two hundred
twenty-five dollars ($225.00) and place him upon a preferred list of
employment to be the first recalled to his former position of me-
chanic's helper in the garage, when business of the respondent war-
rants the hiring of a mechanic's helper in the garage, and to place
him upon a list to be hired as a truck driver after those employees
who have seniority as truck drivers have returned to the employ of the
respondent, the ,recall of said McReynolds to be without prejudice to
seniority rights and other privileges previously enjoyed;
(b) Refrain from recognizing the Workers' Union as the collective
bargaining representative of its employees in the unit described above;
(c) Upon request, bargain collectively with the Union as the ex-
clusive representative of all the employees at the Kansas City plant,
exclusive of superintendents, foremen, watchmen, salesmen, office per-
sonnel and truck drivers, in respect to rates of pay, wages, hours of
employment and other conditions of employment;
(d) Immediately post notices in conspicuous places throughout its
plant and maintain such notices for a period of thirty (30) consecutive
days, stating :
(1) That the respondent will cease and desist, as aforesaid, and
(2) That the respondent will take the affirmative action aforesaid;
(e) Notify the Acting Regional Director for the Seventeenth Region
within a period of ten (10) days after the entry of the order what steps
have been taken to comply with the said order.