The Cudahy Packing Co.

National Labor Relations Board - Board Decisions

Sep 26, 1940

27 N.L.R.B. 494 (N.L.R.B. 1940)

In the Matter of THE CUDAHY -PACKING COMPANY and LOCAL NO.
55, UNITED PACKINGHOUSE WORKERS OF AMERICA OF PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. C-1671.-Decided September 26, 1940
Jurisdiction : meat packing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. William S. Gordon, for the Board.
Mr. E. S. Stringer and Mr. P: C. Reynolds, of St. Paul, Minn.,
for the respondent.
Miss Mary Metlay, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Local No. 55,
United Packinghouse Workers of America of Packinghouse Work-
ers Organizing Committee, affiliated with the Congress of Industrial
Organizations, herein called the Union, the National Labor Rela-
tions Board, herein called the Board, by the Regional Director for
the Eighteenth Region (Minneapolis, Minnesota), issued its com-
plaint, dated August 13, 1940, against The Cudahy Packing Com-
pany, herein called the respondent. The complaint alleged that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (3),
and (4) 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 notices of hearing thereon, were duly served upon the
respondent and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance, that : (1) the respondent discriminated in regard to
the hire and tenure of employment of 14 of its employees by laying
off, demoting, discharging, and refusing to reinstate said employees
because they joined and assisted the Union; (2) the respondent laid
27 N. L: R. B., 102.
494
THE CUDAHY PACKING COMPANY 495
off, discharged, and refused to reinstate Raymond Foster ,for the
reason that he testified at a prior hearing involving the respondent
before a Trial Examiner duly designated by the Board; ' and' (3)
the respondent by the above acts and by its policy of discrimination
against its employees who were members of the Union, by - tkreat-
ening and intimidating said employees, by keeping them under sur-
veillance, and by other acts and conduct, interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed
to them under Section 7 of the Act.
The respondent filed its answer on August 24, 1940, denying the
commission of the unfair labor practices alleged in the complaint.'
Pursuant to notice, , a hearing was 'held in St. Paul, Minnesota, on
August 26, 27, 28, 29, and 30, 1940, and September 3, 4, 5, 6, 7, 9, 10,
11, and 12, 1940, before Edward Grandison Smith, the Trial Exam-
iner duly designated by the Board. The respondent and the Board
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. On September 11, 1940, the Trial Examiner received in
evidence a stipulation in settlement of the case entered into by the re-
spondent,'-the Union, and counsel for the Board. This stipulation
reads as follows:
I
IT IS HEREBY STIPULATED AND AGREED by and between The
Cudahy Packing Company (hereinafter called the respondent),
by its attorneys; and Local No. 55, United Packinghouse Work-
ers of America of Packinghouse Workers Organizing Commit-
tee, affiliated with C. I. O. (hereinafter called the- Union), by
its representative ; and William S: Gordon, attorney for the
National Labor Relations Board, Eighteenth Region, as
follows :
1. Upon amended charges duly filed by' the Union- through
Frank Alsup, its representative and its duly accredited agent
for this purpose, the National Labor Relations Board,,by Robert
J. Wiener, its Regional Director for the Eighteenth Region, act-
ing pursuant to authority granted in Section 10 (b) of the
National Labor Relations Act, approved July 5, 1935, and acting
pursuant to its Rules and Regulations-Series 2, as amended,
Article IV, Section 1, issued its complaint and notice of hearing
on the 13th day of August 1940 against The Cudahy Packing
Company, respondent herein.
I The respondent in the stipulation subsequently entered and hereinafter referred to, with-
drew its answer to the complaint and expressly admitted all the allegations in the
complaint. -
49.6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. Said complaint alleged that the respondent has engaged in,
and was engaging in unfair labor practices affecting commerce
within the meaning of Section 8, subdivisions (1), (3), and (4),
and Section 2, subdivisions (6) and (7) of the National Labor
Relations Act.
3. Said complaint, together with a notice of hearing, a copy
of the amended charge upon which said complaint was based,
and a copy of the National Labor Relations Board Rules and.
Regulations-Series 2, as amended, was duly served upon the
respondent and the Union on August 14, 1940; and a hearing
upon the allegations set forth in said complaint was scheduled
by the notice of, hearing to begin on August 26, 1940, in St.
Paul, Minnesota, thus' allowing an intervening period of more
than ten (10) days between, the service oft said complaint,
amended charge, notice of hearing, and copy of Rules and Reg-*
ulations and the date of hearing.
4. On the 23d day of August 1940, respondent, by its super-
intendent, G. J. Foster, made answer to said complaint, deny-
ing the allegations of unfair labor practices. Said answer was
served on-the Union and on the attorney for the National Labor.
Relations Board, Eighteenth Region, on August 24, 1940.
5. The hearing on the allegations set forth in said complaint
commenced in St. Paul, Minnesota, at 10 a. in. on the 26th day
of August 1940, pursuant to the notice of hearing served on the
parties as set forth above, before Edward Grandison Smith,
Trial Examiner designated by the National Labor Relations
Board in accordance with its Rules and Regulations. The re-
spondent and the Union were accorded the right of being pres-
ent, of being represented by counsel, of presenting, examining,
and cross-examining witnesses, and of participating in general
in the hearing. The respondent appeared, was represented by
counsel, presented, examined, and cross-examined witnesses, and
participated in general in said hearing' from 10 a. m: on the 26th
day of August,1940 tip to and including the time of the filing
of this stipulation as part of the record in the above-captioned
case.
6. (a) The respondent, The Cudahy Packing Company, is, and
has been since October 7, 1915, a Maine corporation having its
principal executive offices at Chicago, Illinois.
(b) The respondent is chiefly engaged in the purchase and
slaughter of livestock and the processing and marketing of the
products therefrom. In addition, the respondent is engaged in
the following lines of business : refining -vegetable oils and the
production and sale of shortening and cooking and salad, oils;
THE CUDAHY PACKING COMPANY 497
manufacturing and marketing of soaps and cleansing powders;
pulling, scouring and combing wool and the marketing of wool
and tanned sheep skins; purchasing, packing and selling eggs,
poultry and cheese; purchasing cream and butter, and man-
ufacturing and selling butter, margarine and ice cream; mining
rock salt, operating brine wells, and producing, refining, pack-
ing and selling all kinds of salt; and owning , maintaining, and
operating refrigerator and tank cars for the transportation of
its products. The salt mining operations and the wool pulling
business of the respondent are performed by its subsidiary com-
panies, the American Salt Company and the Olneyville Wool
Combing Company.
(c) The respondent transacts business throughout the United
States and in many foreign countries.
(d) The respondent owns all, or substantially all, of the stock
of the following subsidiaries : The Cudahy Packing Co. of
Alabama; The Cudahy Packing Co. of Louisiana, Ltd.; Barry
Machinery Co.; The Dow Cheese Co.; Bissell Leather Co.;
Olneyville Wool Combing Co.; Willows Cattle Co. (now dis-
solved) ; The Cudahy Packing Co., Ltd. (foreign) ; Cudahy &
Company, Ltd. (foreign) ; and American Salt Company.
(e) The respondent's slaughtering and meat packing plants
are located in Omaha, Nebraska ; Kansas City , Kansas; Sioux
City, Iowa; Los Angeles, California ; Wichita, Kansas; North. Salt
Lake, Utah; Jersey City, New Jersey; Newport, Minnesota (this
plant is located just outside of St. Paul and is often referred to
as the St. Paul plant ) ; San Diego , California ; Denver, Colo-
rado ; Detroit, Michigan ; and Albany, Georgia. It owns and
operates a soap and Old Dutch Cleanser factory and shops for
the construction and repair of refrigerator cars in East Chicago,
Indiana; a plant for the refining of vegetable oils near Memphis,
Tennessee ; an Old Dutch Cleanser and soap factory in Toronto,
Ontario, Canada; a wool scouring, combing and storage plant
in Providence , Rhode Island; and a salt mine and refinery in
Lyons, Kansas . The respondent also owns and operates prod-
uce collecting and processing plants in many States and operates
eighty branch houses located in the principal cities of the United
States. In addition , it owns and operates 1,496 refrigerator' cars
and 44 tank cars. The respondent's securities are registered,
some on the New York Stock Exchange and some on the Chicago
Stock Exchange.
(f) At the close of its fiscal year ending October 31, 1936, the
respondent had total assets of more than $82,000,000 . During
such year , its sales , including the sales of its subsidiaries,
323428-42-vol 27-33
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amounted to $201,605,000. The company's annual pay roll dur-
ing said year amounted,to $7,873,727.
(g) As of April 24, 1939, the respondent's assets were about
$82,000,000. During its fiscal year ending October 31, 1938, the
sales of the respondent, including its subsidiaries, amounted to
about $200,000,000. During the said fiscal year, the pay roll
amounted to about $7,600,000.
(h) The gross annual sales of the respondent, including its
subsidiary companies, are still approximately $200,000,000, of
which $25,000,000 or $30,000,000 are attributable to its plant at
Newport, Minnesota. The total annual pay roll of the respond-
ent is still approximately $7,600,000, of which $600,000 or
$700,000 is attributable to the Newport, Minnesota, plant. The
total assets of $82,000,000-have recently been reduced about 40
per cent by a reorganization.
(i) The only plant of the respondent involved in the above-
captioned proceeding is the one located at Newport, Minnesota
(hereinafter called the Newport plant). Approximately 650 pro-
duction workers are employed in the Newport,plant.
(j) A substantial proportion of the livestock slaughtered -at
the Newport plant has, originated, and does originate, outside
the State of Minnesota and has been, and is, shipped from States
other than the State of Minnesota by rail and truck to the New-
port plant in the State of Minnesota. Approximately 75 per cent
of the products of the Newport plant have been, and are, shipped
by the respondent by rail and truck from the Newport plant in
the State of Minnesota to points without the State of Minnesota.
(k), The Newport plant is operated as a part of the general
accounting system of the respondent, rather than as a separate
entity; and its operations are governed by the Chicago office.
The labor policies of the plant are determined in,Chicago.
(1), The Newport plant is registered for inspection with the
United States Department of Agriculture. Approximately
eighteen Federal inspectors ' are present at the plant during
manufacturing operations.
7. The respondent is engaged in interstate commerce within
the meaning of the National Labor Relations Act and in a busi-
ness affecting interstate commerce within the meaning of the said
Act and is subject to the jurisdiction of the National Labor Rela-
tions Board.
8. The Union, Local No. 55, United Packinghouse Workers of
America, of Packinghouse, Workers • Organizing Committee,
affiliated with. C. I. 0., is a labor organization within the meaning
of Section 2, subdivision (5) of the National Labor Relations Act.
'TIT CUDAHY PACKING COMPANY 499
9. The respondent hereby withdraws its answer to the com-
plaint in the above -captioned proceeding and hereby expressly
admits each and every allegation of said complaint , providing
this stipulation is approved by the National Labor Relations
Board.
10. The respondent waives the right to further hearing on the
allegations of the complaint, after the filing of this stipulation as
part of the record in the above -captioned proceeding , to the taking
of further testimony and the submission of further evidence, to the
making of findings of fact and conclusions of law by the National
Labor Relations Board, and to any other or further proceedings,
preliminary to the issuance of an order herein, under the National
-Labor Relations Act and the Rules and Regulations of the Na-
tional Labor Relations Board.
II
IT IS FURTHER STIPULATED AND AGREED by and between the re-
spective parties hereto that the National Labor Relations Board
may on this stipulation , without further notice or proceedings
herein enter an order in the above -captioned case to the following
effect :
Respondent , The Cudahy Packing Company, 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 concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection as guaranteed in Section
7 of the National Labor Relations Act ;
(b) From discouraging membership in Local No. 55, United
Packinghouse Workers of America of Packinghouse Workers
Organizing Committee , affiliated with C. I. 0., or in any other
labor organization of its employees , by discharging, demoting,
transferring , laying off , or refusing to reinstate any of its em-
ployees for joining or assisting Local No. 55 , United Packing-
house Workers of America of Packinghouse Workers Organizing
Committee , affiliated with C. I. 0., or any other labor organiza-
tion of its employees , or for'engaging in other concerted activities
for the purposes of collective bargaining or other mutual aid and
protection ;
(c) From in any other manner discriminating 'against any of
its, employees in regard to hire and tenure • of employment or
terms or conditions of employment for joining or assisting Local
500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
No. 55, United Packinghouse Workers of America of Packing-
house Workers Organizing Committee, affiliated with C. I. 0.,
or any other labor organization of its employees, or for engaging
in other concerted activities for the purposes of collective bar-
gaining or other mutual aid and protection;
(d) From in any manner instructing, encouraging, or per-
mitting any of its officers, agents, or supervisors to discriminate
in any way against its employees or any of them by discharging
them, seeking opportunities to discharge them, demoting them,
transferring them, changing their jobs, laying them off, or re-
fusing to reinstate them for joining or assisting Local No. 55,
United Packinghouse Workers of America of Packinghouse
Workers Organizing Committee, affiliated with C. I. 0., or any
other labor organization of its employees, or for engaging in
other concerted activities for the purposes of collective bar-
gaining or other mutual aid and protection;
(e) From discharging, laying off, or refusing to reinstate, or
otherwise discriminating against any of its employees because
he has filed charges or given testimony under the National
Labor Relations Act;
(f) From engaging in any manner of espionage or sur-
veillance of its employees or instructing, encouraging, or per-
mitting any of its officers, agents, or supervisors to advise,
threaten, or warn its employees not to become or remain members
of Local No. 55, United Packinghouse Workers of America of
Packinghouse Workers Organizing Committee, affiliated with
C. I. 0., or any other labor organization of its employees.
2. Take the following affirmative action to effectuate the
policies.of the National Labor Relations Act:
(a) Offer to Francis Byrns, John Cline, Ernest Feifarek,
Raymond Foster, Norbert Haas, John Hajek, Godfrey Halver-
son, Charles Jasicki, Joe Jasicki, Alfred Nelson, A. E. Smith,
Gordon Swanson, and John Weitzel immediate and full rein-
statement to their former or substantially equivalent positions
without prejudice to seniority rights or other rights and
privileges previously enjoyed by them;
(b) Make whole the individuals named below for any loss of
pay they may have suffered by reason of the respondent's dis-
criminatory acts, by payment to each of them, respectively, the
sum of money set forth opposite his name:
C. E. Bennett_________________________ $90. 00
Francis ' Byrns__________________________ 317.00
John Cline_____________________________ 845.00
Ernest Feifarek------------------------- 957.00
'PH D CUDAHY PACKING COMPANY
Raymond Foster------------------------ 1000. 00
501
Norbert Haas-------------------------- 95.00
John Hajek---------------------------- 2157.00
Godfrey Halverson---------------------- 777.00
Charles Jasicki-------------------------- 309.00
Joe Jasicki----------------------------- 909.00
Alfred Nelson-------------------------- 1642.00
A. E. Smith---------------------------- 500.00
Gordon Swanson------------------------ 774.00
John Weitzel--------------------------- 1247.00
(c) Post immediately in at least twenty-five (25) conspicuous
places throughout its Newport, Minnesota, plant and maintain
for a period of at least sixty (60) consecutive days from the
date of posting notices to its employees in the form set forth
in Appendix A attached hereto and hereby expressly made part
of this order;
(d) Notify the Regional Director for the Eighteenth Region
in writing within ten (10) days from the date of this order
what steps the respondent has taken to comply herewith; and
further notify the Regional Director for the Eighteenth Region
in writing, when the respondent has completed the affirmative
action provided for herein, what further steps the respondent
has taken to comply herewith.
APPENDIX A
NOTICE TO EMPLOYEES
or
THE CUDAHY PACKING COMPANY
The Cudahy Packing Company has consented to an. order
of the National Labor Relations Board that it will cease and
desist from interfering with its employees in their right to
organize; that it will cease and desist from discouraging mem-
bership in Local No. 55, Packinghouse Workers of America
(C. I. 0.), or any other labor organization, by discriminating
in any way against any of its employees for -joining any
union, or' for engaging in union activities, or for giving testi-
mony under the National Labor Relations Act; and that it
will cease and desist from instructing or permitting its super-
visory staff to discriminate against union members or inter-
fere with the employees in their choice of a union. The com-
pany has also consented that the National Labor Relations
Board order it to reinstate with full back pay the following
persons : C. E. Bennett, Francis Byrns, John Cline, Ernest
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Feifarek, Raymond Foster, Norbert Haas, John Hajek, God-
frey Halverson, Charles Jasicki, Joe Jasicki, Alfred Nelson,
A. E. Smith, Gordon Swanson, and John Weitzel. These per-
sons have been reinstated on their old jobs with their full
seniority rights, and their back pay has been paid to them.
The Cudahy Packing Company wants it definitely under-
stood that in the future the company, its officers, and super-
visory staff will in no way interfere with its employees' right
to organize. No one will be discharged, demoted, transferred,
put on less desirable jobs, or laid off because he joins Local
No. 55 or any other labor organization. Members of Local No.
55 will be treated exactly the same' as any other employees.
Union membership and union activity will in no way affect
the jobs or rights of Cudahy employees.
If the company, its officers, or supervisors have in the past
made any statements or taken any action to indicate that its
employees were not free to join Local No. 55 or any other
labor organization, these statements and actions are now
repudiated.
The company has given strict instructions to its supervisory
staff to comply with the above, and any departure from these
instructions will be severely dealt with.
GROVER J. FOSTER,
Superintendent.
III
The respondent expressly consents and agrees to the entry in
the appropriate United States Circuit Court of Appeals, upon
application of the National Labor Relations Board, of a decree
enforcing in its entirety the order of the National Labor Rela-
tions Board entered pursuant to this stipulation; and respondent
hereby expressly waives any right to contest the entry of said
decree or to receive further notice of the application for or
entry of said decree, provided that a copy of said decree shall
.be served upon the respondent after its entry.
IV
1. The issuance by the National Labor Relations Board or
the appropriate United States Circuit Court of Appeals of an
order pursuant to this stipulation shall constitute a full and
complete determination of the above-captioned proceeding.
2. All stipulations and agreements herein made and the terms
and provisions thereof are made subject to the approval of the
National Labor Relations Board.. It is further agreed that if
THE C'UDAHY PACKING COMPANY 503
this stipulation is not so approved, nothing in this stipulation
shall be construed to be an admission on the part of the re-
spondent that it has in any way whatsoever violated the National
Labor Relations Act.
3. No verbal, off the record agreement of any kind has been
made which alters , detracts from, or adds to this stipulation.
On September 13, 1940, the Board issued its order approving the
above stipulation, making it a part of the record, and transferring
the proceeding to the Board for the purpose of entry of the 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 , a Maine corporation , having its principal execu-
tive offices at Chicago , Illinois, is chiefly engaged in the purchase
and slaughter of livestock and the processing and marketing of the
products therefrom . In addition , the respondent is engaged in the
following lines of business : refining vegetable oils and the produc-
tion and sale of shortening , cooking, and salad oils ; manufacturing
and marketing of soaps and cleansing powders; pulling , scouring,
and combing wool , and the marketinb of wool and tanned sheep-
skins; purchasing , packing, and selling eggs, poultry, and cheese;
purchasing cream and butter and manufacturing and selling butter,
margarine , and ice cream ; mining rock salt, operating brine wells,
and producing , refining, packing, and selling all kinds of salt; and
owning, maintaining , and operating refrigerator and tank cars for
the transportation of its products . The salt-mining operations and
the wool -pulling business of the respondent are performed by 'its
subsidiary companies , the American Salt Company and Olneyville
Wool Combing Company.
The respondent 's plants are located in various States of the United
States, and in Ontario, Canada. Of its gross annual sales amount-
ing to approximately $200,000,000 , $25,000,000 to $30,000,000 are at-
tributable to its slaughtering and meat-packing plant located in New-'
port, Minnesota , the plant involved in this proceeding . A substantial
portion of the livestock slaughtered at the Newport plant originates
outside the State of Minnesota , and is shipped from States other
than the State of Minnesota by rail and direct to the Newport plant
in tke State of Minnesota . Approximately 75 per cent of the prod-
ucts of the Newport plant are shipped by the respondent from the
State of Minnesota to points outside the State of Minnesota.
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Newport plant is operated as a part of the general accounting
system of the respondent, rather than as a separate entity, and its
operations are governed by the Chicago office. The labor policies
of the plant are determined in Chicago. Approximately 650 produc-
tion workers are employed in the Newport plant.
The respondent concedes that it is engaged in interstate commerce
within the meaning of the Act.
'Ve find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States and
between the United States and foreign countries.
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 Cudahy Packing Company, Newport, Minne-
sota, its officers, agents, successors, and assigns, shall'
1. Cease and desist :
(a) From in any manner interfering with, restraining, or co-
ercing its employees in the exercise of their rights to self-organiza-
tion, to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to en-
gage 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 discouraging membership,in Local No. 55, United Pack-
inghouse Workers of America of Packinghouse Workers Organizing
Committee, affiliated -with C. I. 0., or in any other labor organiza-
tion of its employees, by discharging, demoting, transferring, laying
off, or refusing to 'reinstate any of its employees for joining or
assisting Local No. 55, United Packinghouse Workers of America
of Packinghouse Workers Organizing Committee, affiliated with
C. I. 0., or any other labor organization of its employees, or for
engaging in other concerted activities for the purposes of collective
bargaining or other mutual aid and protection;
(c) From in any other manner discriminating against any of its
employees in regard to hire and tenure of employment or terms or
conditions of employment for joining or assisting Local No. 55,
United Packinghouse Workers of America of Packinghouse Workers
Organizing Committee, affiliated with C. I. 0., or any other labor
organization of its employees, or for engaging in other concerted
activities for the purposes of collective bargaining or other mutual
aid and protection;
THE C'UDAHY PACKING COMPANY 505
(d) From in any manner instructing, encouraging, or permitting
any of its officers, agents, or supervisors to discriminate in any way
against its employees or any of them by discharging them, seeking
opportunities to discharge them, demoting them, transferring them,
changing their jobs, laying them off, or refusing to reinstate them
for joining or assisting Local No. 55, United Packinghouse Workers
of America 'of Packinghouse Workers Organizing Committee, affili-
ated with C. I. 0., or any other labor organization of its employees,
or for engaging in other concerted activities for the purposes of,
collective bargaining or other mutual aid,and protection;
(e) From discharging, laying off, or refusing to reinstate or other-
wise discriminating against any of its employees because he has filed
charges or given testimony under the National Labor Relations Act;
(f) From engaging in any manner of espionage or surveillance of
its employees or instructing, encouraging, or permitting any of its
officers, agents, or supervisors to advise, threaten, or warn its em-
ployees not to become or remain members of Local No. 55, United
Packinghouse Workers of America of Packinghouse Workers Or-
ganizing Committee, affiliated with C. I. 0., or any other labor
organization of its employees.
2. Take the following affirmative action to effectuate the policies
of the National Labor Relations Act :-
(a) Offer to Francis Byrns, John Cline, Ernest Feifarek, Ray-
mond Foster, Norbert Haas, John Hajek, Godfrey Halverson, Charles
Jasicki, Joe Jasicki, Alfred Nelson, A. E. Smith, Gordon Swanson,
and John Weitzel immediate and full reinstatement to their former'
or substantially equivalent positions without prejudice to seniority
rights or other rights and privileges previously enjoyed by them;
(b) Make whole the individuals named below for any loss of pay
they may have suffered by reason of the respondent's discriminatory
acts, by payment to each of them, respectively, the sum of money
set forth opposite his name :
C. E. Bennett----------------------------------------- $90 00
Francis Byrns_________________________________________ $317 00
John Cline-------------------------------------------- $845.00
Ernest Feifarek--------------------------------------- $957.00
Raymond Foster--------------------------------------- $1000.00
Norbert Haas----------------------------------------- $95.oo
John Hajek------------------------------------------- $2157.00
Godfrey Halverson------------------------------------- $777.00
Charles Jasicki---------------------------------------`- $309.00
Joe Jasicki-------------------------------------------- $900.00
Alfred Nelson----------------------------------------- $1042.00
A. E. Smith------------------------------------------- $500.00
Gordon Swanson--------------------------------------- $774.00
John Weitzel------------------------------------------ $1247.00
It
506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Post immediately in at least twenty-five (25) conspicuous
places throughout its Newport, Minnesota, plant and maintain for
a period of at least sixty (60) consecutive days from the date of post-
ing notices to its employees in the form set forth in Appendix A
attached hereto and hereby expressly made part of this order;
(d) Notify the Regional Director for the Eighteenth Region in
writing within ten (10) days from the date of this order what steps
the respondent has taken to comply. herewith; and further notify
the Regional Director for the Eighteenth Region in writing, when
the respondent has completed the affirmative action provided for
herein, what further steps the respondent' has taken to comply
herewith.
APPENDIX A
NOTICE TO EMPLOYEES
OF
THE CUDAHY PACKING COMPANY
. The Cudahy Packing Company has, consented .to' an order of the
National Labor Relations Board that it will cease 'and , desist from,
interfering with its employees, in their right to organize; that it will
cease and desist from discouraging membership in Local No. 55,
Packinghouse Workers of America (C. I. 0.), or any other labor
organization, by discriminating in any way against any of its em-
ployees for joining any union, or for engaging in union activities, or
for giving testimony under the National Labor Relations Act; and
that it will cease and desist from instructing or permitting its super-
visory staff to discriminate against union members or interfere with
the employees in their choice of a union. The company has also
consented that the National Labor Relations Board order it to rein-
tate with full back pay the following persons: C. E. Bennett, Francis
Byrns, John Cline, Ernest Feifarek, Raymond Foster, Norbert Haas,
John Hajek, Godfrey Halverson, Charles Jasicki, Joe Jasicki, Alfred
Nelson, A. E. Smith, Gordon Swanson, and John Weitzel. These
persons have been reinstated on their old jobs with their full seniority
rights, and their back pay has been paid to them.
The Cudahy Packing Company wants it definitely understood that
in the future the company, its officers, and supervisory staff will in
no way interfere with its employees' right to organize. No one
will be discharged, demoted,- transferred, put -on less desirable jobs,
or laid off because he joins Local No. 55- or any other labor organi-
zation. Members of Local No. 55 will be treated exactly the same
as any other employees. Union membership and union activity will
in no, way affeet_the- jobs_or__rights of Cudahy employees. {
THFJ CUDAHY PACKING COMPANY 507
If the company, its officers, or supervisors have in the past made
any statements or taken any action to indicate that its employees
were not free to join Local No. 55 or any other labor organization,
these statements and actions are now repudiated.
The- company has given strict instructions to its supervisory staff
to comply with the above, and any departure from these instructions
will be severely dealt with.