Anchor Serum Co.

National Labor Relations Board - Board Decisions

Mar 26, 1943

48 N.L.R.B. 574 (N.L.R.B. 1943)

In the Matter of ANCHOR SERUM COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, LOCAL #58, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. C-23,56.-Decided March 26, 1943
Jurisdiction : stock serum manufacturing industry.
Unfair Labor Practices
In General: instructions to supervisors to refrain from interfering in certain
union activities held not to absolve respondent from responsibility for unlawful
acts of supervisors, when respondent did not communicate such instructions
to employees or repudiate the unlawful acts of the supervisors,' and where
the instructions were not intended to be, and in fact were not, extended to
other union activities.
Company-Dominated Union: first organization: urging, formation of, when affili-
ated union made efforts to organize employees ; permitting meeting to be
held in plant to discuss formation of ; declaring favorable attitude toward
"company union" ; supervisors' attending meetings and becoming members of ;
second organization : found to have been formed as device to escape the illegal
aspects of the first organization when the vote to form the second was taken
at a meeting of the first and the formal organization of the second occurred'
only four days later ; there was no formal abandonment of the'first and the
respondent took no steps to dissipate the illegal influences which brought it
into existence ; notices relative to the formation of the second were posted
throughout the plant ; the'same persons who held office in the first were elected
to similar offices in the second ; and when supervisors attended the meetings,
and became members of the second.
Remedial Orders : dominated organizations disestablished.
Mr. Paul Nach,tman and Mr. Clarence D. Musser, for the Board.
Brown, Douglas &' Brown, by Mr. H. Templeton Brown, of St.
Joseph, Mo., for the respondent.
Mr. Miles Elliott, of South St. Joseph, Mo.,, for the Independent.
Mr. Gerard J. Manacle, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended charge duly filed by Packinghouse Workers
Organizing Committee, Local #58, affiliated with the Congress of
48 N. L. R. B., No. 72.
574
ANCHOR SERUM -COMPANY '575
Industrial Organizations, 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 com-
plaint dated July 10, 1942, against Anchor Serum Company, South
St. Joseph, Missouri, herein called the respondent, alleging thatrthe
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce,'within the meaning of Section 8, (1), (2),
and (3) and Section 2 (6) and (7) of the National Labor Relations
Act, 49k Stat. 449, herein called the Act. Copies of the complaint,
accompanied by notice of hearing, were duly served upon the respond-
ent, the Union, and Serum Employees Union of South St. Joseph, Mo..
herein called the Independent.
With respect to the unfair labor practices, the complaint alleged
in substance that the respondent : (1) ' on certain dates discharged Ted
Williams, William Pettet, Fred Williams, and Clarence Singleton, and
thereafter refused to reinstate them, because of their union member-
ship and activity; (2)' on or about May 27, 1941, and thereafter,
dominated and interfered wit lithe formation and administration of
the Serum Employees Union, herein called the S: E. U., and con-
tributed support thereto; (3) on or about June 9, 1941, and thereafter,
dominated and interfered with the formation and administration of
the Independent, successor' to the S. E.'U., and contributed support
thereto; and (4) by the foregoing acts, and by (a) making statements
prejudicial to and disparaging of the Union, (b) watching and spying
upon the employees to obtain information with regard to their union
affiliation and' activities, (c) threatening to destroy the' Union, (d)
threatening' to discharge employees who affiliated with the Union, (e)
granting general pay increases to all employees for the purpose of
discouraging affiliation with and activities on behalf of the Union,
and (f) encouraging employees to withdraw from the Union by threats
of bodily injury, interfered with, restrained, and coerced its employees
in the'exercise of the rights guaranteed in Section 7 of the Act. , On
July 18, 1942, the respondent filed an answer admitting the allegations
of the complaint with ,respect to its business but denying that it had
engaged in any unfair labor practices.
Pursuant to notice a hearing was held on July 27, 28, 29, and,30, `
1942, at St. Joseph, Missouri, before James C. Batten, the Trial
Examiner'duly designated by, the Chief Trial Examiner. ' The Board,
the respondent, and the Independent were represented and participated
in the hearing. Full opportunity to ,be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues
was afforded all parties. At the opening of the hearing, a petition to
intervene,filed by the Independent was granted, insofar as its interests
were affected. At the close of the hearing,' a motion to amend the
complaint to'conform to the proof as to minor particulars was granted
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
without objection. Rulings were made by the Trial Examiner on
various other motions and on objections to the admission of evidence
during the course of the hearing. The Board has reviewed the rulings
and finds that no prejudicial errors were committed. The rulings of
the Trial Examiner are hereby affirmed.
On August 20, 1942, a stipulation was executed by all the parties to
the proceeding wherein the respondent agreed : (1) to reinstate Ted
Williams, William Pettet, Fred Williams, and Clarence Singleton with
back pay; and (2) to post a notice in its plant stating that it would not
in any manner (a) discourage membership in the Union or in any
other labor organization of its employees, by discriminating in regard
to their hire or tenure of employment, or (b) interfere with, restrain,'
or coerce its employees in the exercise of the rights guaranteed by Sec-
tion 7 of the Act. The stipulation also provided that the "allegations,
in the amended charges and complaint that `the respondent has domi-
nated and interfered with the formation and administration of the
Serum Employees Union and the Serum Employees Union of South
St. Joseph, Missouri, by contributing financial and other support
thereto,' shall be determined on the record in this case by the Trial
Examiner and/or the Board the same as though this stipulation had
not been entered into," and "nothing shall preclude the Trial Examiner
or the Board from considering all- of the evidence heretofore -ad-
duced .." On September 8, 1942, the Board issued an order approv-
ing the stipulation.
On October 12, 1942, the Trial Examiner filed his Intermediate Re-
port, copies of which were duly served upon the parties, in which he
found that the respondent had engaged in and was engaging in unfair
labor practices, within the meaning of Section 8 (1) and (2) and Sec-
tion 2 (6) and (7) of the Act, and recommended that the respondent
cease and desist therefrom and take certain affirmative action, includ-
ing disestablishment of the Independent, deemed necessary to effectuate
the policies of the Act.
On,October 26, 1942, the respondent filed exceptions to the Inter-
mediate Report and a brief in,support thereof. No request for, oral
argument was received. The Board has considered the respondent's
exceptions and brief, and insofar as the exceptions are inconsistent with
the findings, conclusions, and order set forth below, finds them to be
without merit.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIM BUSINESS OF THE RESPONDENT
The respondent, a Missouri corporation, with its principal office and
plant at South St. Joseph, Missouri, is engaged in the manufacture and
ANCHOR SERUM - COMPANY 577
sale of stock serum and similar products. More than 50'percent of the
raw materials and supplies used by the respondent are received from -
points outside the State of Missouri; more than 90 percent of its
finished products are shipped to points outside the State of Missouri. -
During 1941 the respondent's sales were in excess of $800,000. The
respondent concedes that it is engaged in commerce within the mean-
ing of the Act. -
II. THE ORGANIZATIONS INVOLVED
Packinghouse Workers Organizing Committee, Local .#58, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the respondent.
Serum Employees Union was an unaffiliated labor organization, ad
mitting to membership employees of the respondent.
Serum Employees Union of South St. Joseph, Mo., is an unaffiliated
labor organization, admitting to membership employees of the re-
spondent.
III. THE UNFAIR LABOR PRACTICES
A. Chronology of events
In May 1941 the Union commenced to organize the respondent's em-
ployees. On May 25, employee Clarence Singleton and C. I. O. or-
ganizer Pittman arranged for a meeting to be held on the evening of
May 26 at the C. I. O. hall in South St. Joseph. Singleton notified
employees of the meeting. During the afternoon of May 26, employee
Harry Arnold informed Ted Jamison, foreman of the serum and virus
department, of the meeting and invited him to attend.
That evening, Dr. F. M. Murdock, employed by the respondent as
its veterinarian since May 1 or 2, 1941, dined at the Jamison home.
According to Murdock, during the course of the dinner, Murdock and
Jamison discussed the union activity at the plant. After dinner, at.
Jamison's suggestion, they drove in Jamison's automobile to the C. 1. 0.
hall, and talked with Singleton 1 and some other employees, who were
standing outside the hall. Some of the employees* stated that they
were going to the meeting because they thought that they should have
some kind-of an organization. According to,the admissions of Mur-
dock and Jamison, they urged the employees, not to be hasty in organ-
izing and suggested the formation of an unaffiliated union.
'Murdock testified that he and Jamison talked to employees Jackson and Thomas on
this occasion , but not to Singleton . Singleton , however, testified that he participated In
the conversation Jamison testified that they talked to Bob Thomas , Jack Jackson, and
"one or two of the Herrbn boys ," but did not deny that Singleton was present . None of
the other employees present was called upon to testify . Inasmuch as Singleton 's testimony
as to the conversation is in substantial accord with that of Murdock and Jamison. we find,
as did the Trial Examiner , that he was present and participated in the conversation.
578 ' DECISIONS OF ,NATIONAL LABOR RELATIONS BOARD
After this conversation, Murdock and Jamison drove away but
returned in 2 or 3 minutes and stopped the automobile across the-street
from the hall. Harry Arnold, who had invited Jamison to the meet-
ing, and employee Harris Ritchie went across the street to talk with
Jamison and Murdock. According- to the undenied testimony of
Jamison 2 they talked with Arnold and Ritchie for about 5 minutes
about the narrow escape they had just had from an automobile acci-
dent'and then drove away. Shortly thereafter the employees went
into the meeting, where a number of them, including Singleton, joined
the'Union. - '
According to Murdock, he and Jamison then proceeded to a nearby
restaurant, frequented by officials and other employees 'of the respond-
ent. There they met Edgar A. Poe, treasurer of the respondent and
in active charge of the plant, and related the occurrences of the eve-
ning.3 Murdock testified that "everyone there [the restaurant] was a
good deal excited about this situation but . . . nothing was done about
it." He added that Poe advised them to "stay away from there [the
C. I. O. hall] from now on," and that Poe "didn't think" they "had a
right being over there." 4
On May 27, 1941, the day after the meeting at the C. I. O. hall, a
meeting of all employees was held in the clear serum laboratory of the
plant after working hours. David Turner III, an employee, testified
that the meeting was arranged that afternoon when "Red" Martin,
also an employee, thought they "ought to get the boys together . . . to
see if we couldn't talk these boys [C. I. O. members] into going with
us or going in with them," and accordingly "it was noised about the
plant" that there would be a meeting. Murdock attended the meeting.
After a general and disorganized discussion, Murdock was introduced
by Turner III. According to Murdock, he told the employees that if
he were in their position he would not particularly prefer the C. I. O.
Murdock further testified that he told the employees "what could
happen under those conditions" by relating the difficulties experienced
by another serum company being organized by the C. I. 0., and stated
that this company could make "things rather mean" for the employees
by making serum "as fast as they wanted to during the summer months
and when the shut-down came then nobody would have a job." Sin-
gleton testified that Murdock also said that he had seen the C.. 1. 0. and
2 Arnold and Ritchie were not called t6 testify.
Murdock , Jamison, and Poe testified that they had not arranged'to meet at the restau-
rant. Poe testified that he had been at his farm, about 70 miles away, during the day and
had duven to the plant that evening , arriving about 7 o'clock, to inspect an ice machine ;
that he had talked to Nate Swope , construction and building foreman, about the machine
at the plant, and then had gone to the restaurant to eat. Swope denied. however , that he
saw Poe at the plant that evening The Trial Examiner rejected Poe' s explanation for his
presence in the restaurant we find, as did the Trial Examiner , that Poe went to the
restaurant for the purpose of receiving a report on the C. I O. meeting.
' Poe and Jamison testified to the same effect.
ANCHOR SERUM COMPANY 579
the A. F: of L. tried in 'a small plant, that it had not worked out, and
that he felt that the respondent could do more for the employees if
they belonged to a "company union." Murdock testified that he re-
called having said something to that effect, but that he did not think
that he said that the "company would like it better." In view of the
remarks admitted by Murdock, his admission as to the substance of
the remarks attributed to him by Singleton, and his partial and equiv-
ocal denial, we'credit Singleton's testimony.
Four days latei a party was held in the basement of the home of
Charles Dudecki an-employee. About 30 employees, including Jami-
son, Murdock,-and J. B. Stahlin, the respondent's timekeeper and
supervisor of the pasteurization department, were present. Although
Turner III testified that he and Dudeck had decided to hold the party
for the purpose of establishing an unaffiliated union, the employees
were not informed, prior to the party, of this purpose. Murdock
testified, however, that when Turner III and Dudeck invited him they
told him the meeting was for the purpose of seeing "if they could get
up,an organization of their own." During the party Turner III told
the assembled employees that there was a need for an organization;
and he thought they should form an "independent union" similar to
the one at a nearby plant of Swift & Company. Dudeck likewise ad-
dressed the employees, telling them that the meeting was held because
some of the employees were not satisfied with the C. I. 0. and would
like to form an organization of their own. Murdock then read the
constitution of the union at Swift's which, he testified, he had obtained
from employee Philip Duve, whose father worked at the Swift plant.
According to Murdock, "some kind of a petition . . . to the effect
that they were going to join an organization or make up an organiza-
tion" was circulated and all present, including Jamison and Murdock,
signed the petition except "possibly one girl." 6 According to Turner
III, however, the constitution, not a petition, was circulated among
and signed by' the employees. He further 'testified that the constitu-
tion was adopted at this meeting and officers were elected, as follows:
Turner III, president; Dudeck, vice president; and Fern Filpert,
secretary and treasurer. The organization was named Serum Em-
ployees Union.6 According to Turner III, the S. E. U. constitution
contained no provision, nor was provision otherwise wade, for a griev-
ance committee, ,bargaining committee, initiation fees, or `dues. He
further testified that no attempt was made by the S. E. U. to bargain
with the,,respondent.
c None of the documents or records of the S E. U. were introduced in evidence Turner
III testified that Fern Filpert, secretary of the S E. U., had destroyed the constitution and
all records when the S. E. U. was later abandoned.
Turner III was not sure whether it was named Serum Workers Organization or Serum
Employees Union We find, as did the Trial Examiner, that the organization was, named
Serum Employees Union
521247-43-vol. 48-38
580 DECISIONS OF :NATIONAL LABOR RELATIONS BOARD
On the following evening, another meeting was held in Dudeck's
basement, to which invitations, were extended to a number of employees
who were not invited the,preceding night., According to Murdock, 45
employees attended this meeting; according to Turner III, all ein-
ployees were there except Jamison. Turner III testified that the
constitution was read to the "new employees up there and they signed
it." During. this meeting, several employees expressed doubt as to
the legality of the organization because of conducting ineetings in "a
man's home" and having "foremen and such at ... organization
meetings." Thereupon a committee was appointed, with Turner III
as chairman, to consult an attorney concerning the legality of the
organization.
Turner III subsequently consulted Miles Elliott, an attorney, and
was, advised, according to Turner's testimony, that the S. E.• U. was
"out of order," because they "had had the meeting in a private home
and it should have been in a public hall and all the employees should
have been informed instead of the few" they had informed. Elliott
further advised Turner III to post a notice in the plant so that every-
one would know that they contemplated forming an unaffiliated union
and prepared such a notice.
According to the testimony of Turner -III, he thereafter arranged
for a meeting to be held at the Transit House, in South St. Joseph, on
June 5, 1941. According to Murdock, who was present, a majority of
the employees attended this meeting. Two C. I. O. representatives,
Mr. Pittman and Mr. Ussey, requested, and were granted, permission
to attend and talk to the employees about the C. I. O. After they had
finished talking and had left the hall, Turner III called upon Murdock
to speak. Murdock, according to his testimony, urged the employees
to "stick together" with .the unaffiliated union they had organized.
Turner III testified that he then reported on his consultation with
Attorney Elliott, and advised the employees that if they' wanted to
,organize legally they would have to post notices to that effect. He
thereupon requested all who were in favor of starting an "Independ-
ent" union to stand, and "all but five or six stood." 7
A few days later notices were posted at various places throughout
the plant, reading as follows :
NOTICE
There will be a meeting of the employees of Anchor Serum
Company, So. St. Joseph, Mo., Monday night June 9, 1941, at
' Murdock contradicted Turner III by testifying that the only vote taken, was one to dls
band the S . E U. We credit the testimony of Turner As one of the chief organizers of
the S E. U it is more likely that Turner 'would recall the events clearly. In addition,
Turner 's version is more consistent with events thereafter . No notice of disestablishment
was ever posted , but 3 or 4 days later a notice of a meeting to organize the Independent was
posted. ,
ANCHOR SERUM COMPANY 581
7,:30 at the Transit Mouse-for the purpose of organizing an
independent union. All employees are asked to be present.
The notice carried the signatures of employees H. B. Martin, Jr., David
A. Turner III, Chas. Dudeck, and -Vince Kates, and of Nate Swope,
construction foreman.
Turner III also made the arrangements for the June 9 meeting. At
this meeting, the formation of the Independent was consummated.
Forty-one employees signed membership cards, all persons who had
held office in the S. E. U. were elected to similar offices in the Inde-
pendent, and a committee was appointed to draft a constitution and
bylaws. Murdock and Jamison did not attend this meeting, nor did
they further participate in the Independent.'
The constitution and bylaws were adopted at a meeting held `on
June 11, 1941, at the Transit House, and provided, among other things,
that the organization be named the Serum Employees Union of South
St. Joseph, Mo., and for dues of $1 a month. According to Turner III,
no bargaining committee was appointed, but a grievance committee,
which never functioned, was appointed.
By letter dated June 12, 1941, addressed to the respondent, the Inde-
pendent claimed to represent 75 percent of the respondent's employees,
and requested recognition as bargaining representative. The respond-
ent replied, by letter dated June 14, 1941, that it would recognize no
union as sole bargaining agent of its employees, until certified by the
Board.
The minutes of the monthly meetings ' of the Independent from
June 9, 1941, to December 1, 1941, which were introduced in evidence,
deal only with the internal affairs of the Independent, and lack any
recital as to dealings with the respondent. Turner III testified that
the grievance committee did meet with Poe-on one occasion, in the fore
part of 1942, to discuss problems concerning holidays and vacations,
but they went as a committee representing all the plant, and not as
"a representative of the union."
The afore-mentioned minutes also show that Nathan S. Swope 9 and
J. B. Stahlin signed membership cards' at the June 9 meeting, and
were later active in the Independent. Poe testified that Swope was
chief maintenance man, having as high as eight men working under
him at times. Swope identified himself as construction foreman.
Both Poe and Swope testified that Swope had authority to hire and lay
off employees. Poe described Stahlin as supervisor of the pasteuriza-
tion of serum, having from one to three men under his supervision,
.8 Turner III requested Murdock not to participate in the Independent's activities, be-
cause there was some doubt conceiving his supervisory status.
8 Herein also referred to as Nate Swope.
'582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and also as, the respondent's timekeeper. We find that Swope and
Stahlin were supervisory employees.lo
B. Condeusions
I
It is obvious that Murdock and Jamison furnished the impetus for
the organization of the S. E. U. Thus, at the time of the first
organizational meeting of the Union, they appeared outside the
C. I. O. hall for the purpose of dissuading employees from joining
the Union and suggested instead the formation an unaffiliated union.
There is no evidence that the employees contemplated this form of
organization prior to the suggestion by Jamison and Murdock." On
the, following day, during the meeting in the plant, Murdock not only
again advised the formation of an unaffiliated union, but also in-
timated that unfavorable consequences would attend affiliation with
the C. I. 0., and stressed the favorable attitude of the respondent
toward a "company union." Again, at the first meeting in Dudeck's
basement, when the organization of the S. E. U. was effected, Mur-,
dock was present and active. In addition, he and Jamison became
members of the S. E. U. at this meeting. Also, at the first meeting
held in the Transit House on June 5, Murdock, following the remarks
by the C. I. O. representatives, attempted to counteract the effects of
their arguments by again championing the cause of the S. E. U.
Murdock was the outstanding advocate of an unaffiliated organization
throughout all the crucial phases of the S. E. U.'s existence.
Furthermore, it appears that Murdock's presence was not lacking in
the councils leading to the organization of the S. E. U. Thus, Turner
III; who arranged for the meetings and later became president of
both the S. E. U. and the Independent, had talked to Murdock about,
the matter of organizing an unaffiliated union "both at the plant and
off ,the plant." When invitations were issued for the first meeting
at Dudeck's, although the employees were not, informed of the pur-
pose of the meeting, Murdock not only knew that their purpose was to
form an inside union, but also prepared for the meeting by obtaining
a copy of the constitution of another unaffiliated organization to read
at the meeting. Moreover, the fact that Turner III invariably called
upon Murdock to speak at the meetings indicates his participation in
the arrangements for the entire program to organize. In view of
10 The Trial Examiner found likewise as to Swope, but made no finding as to Stahlin
"Although Turner testified that lie talked to Dudeck, Swope, and Murdock conceiving
the formation of an'unafhliated oigamzation prior to the meeting in the clear serum lab-,
oratory , this testimony, even if true , does not establish an uncoerced desire on the part of
the employees to form such an organization Swope and Murdock, as discussed elsewhere,
were management representatives Turner and Dudeck were primarily responsible for cai-
rving out the respondent's wishes by the establishment of the two successive unaffiliated
organizations -
ANCHOR SERUM COMPANY 583
Murdock's close association with Jamison, their original joint advo
,c icy of an unaffiliated union, and their membership in the S. E. U.,
the conclusion is unescapable that Jamison's influence was nonetheless
important in these activities, although generally less conspicuous.
The respondent's responsibility for the activities of Jamison, fore-
man of the laboratory, is clear. The respondent's liability for the
activities of Murdock is equally clear. Murdock was employed by
the respondent as a veterinarian,' under a contract for 3 years, at
$4,000 a year. His name is carried on the letterheads of the respond-
ent under the title "Associate Research." In the words of Poe; Mur-
,dock was the "associate research,man . . . His duties is looking: after
the horse plant '.. . he does all things that might be required of a•
veterinary or a bacteriological man of his kind. If Dr. Logan is
gone, they switch work.12 There are two of them there. The rest of
us don't understand what they do and we don't do it . . . they do a
class of work that just those men can do because they are the only
ones that have the training." Murdock testified that his duties were
"largely associate research," and that he had a technical assistant
under his direction part of the time. Thus, Murdock was not en-
gaged in ordinary plant work, but performed duties which allied him
more closely to the management of the respondent than to the other
employees. It is reasonable to assume that to the employees in general
he represented the management. Furthermore his association with
Jamison in the above-described activities could only impress the
employees with the belief that in these activities Murdock reflected
the wishes of the management. We find, as did the Trial Examiner,
that the respondent is responsible for the above-described activities
of Jamison and Murdock 1S
Although Poe had instructed Jamison and Murdock at the restau-
rant to refrain from interfering in C. I. 0. activities, the respondent
is not thereby saved from responsibility for the unlawful acts of
Jamison and Murdock, particularly since the respondent did not com-
municate the instructions to the employees generally, nor repudiate
their unlawful acts.14
"Poe testified that the whole plant worked under Logan and that Logan was "responsi-
ble for all the production of the whole thing "
13 Turner III and "Red " Martin, both active in the formation of the S. E. U . and the
Independent, were sons of two foremen in the plant . - The Trial Examiner found that in
crew of this relationship their activities were imputable to the respondent . We do not
believe that relationship alone is sufficient to warrant such responsibility.
14 H. J Heinz Company v. N. L. R. B , 311 U. S. 514, enf'g Matter of H. J. Heinz Com-
pany and ' Canning and Pickle Workers , Local Union No. 325, affiliated with Amalgamated
Meat Cutters and Butcher Workmen of North America, American Federation of Labor, 10
N L. R. B. 963; F. W. Wbolicorth Company v. N. L. R. B., 121 F. (2d) 658, mod. Matter of
F TV Woolworth Company, et al and United Wholesale J Warehouse Employees of New
York, Local 65, United Retail tf Wholesale Employees of America , 25 N. L. R. B. 1362 ; North
Carolina Finislwng Company v. N L. R. B. (C. C. A. 4), decided February 17, 1943, enf'g
Matter of North Carolina Finishing Co. and Textile Workers Union of America , C. I. 0., 44
N.L.R B . 184. 1 .
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Furthermore, it is obvious that the instructions were not intended•
to be, and in fact were not, extended to other union activities 15 Not
only- did the, respondent fail. to disavow the subsequent prominent
activities of Murdock, Jamison, and other supervisors in the S. E. U.
and the Independent, but their activities followed the pattern estab-
lished by the respondent in permitting the holding of the meeting of
May 27 in the plant and the posting of notices for the meeting of June
9 at various places throughout the plant.
As a device to escape the illegal aspects of the S. E. U., the Inde-
pendent was formed on June 9. The vote to organize the Independent
was taken at, a meeting of the S. E. U., while the employees, after
'listening to the C. I. 0. representatives, were still freshly impressed
by Murdock's plea to "stick together" with the S. E. U. The formal
organization occurred only 4 days later, and the same persons who had
held office in the S. E. U. were elected to similar offices in the Inde-
pendent. There was no clearly defined transition from one organiza-
tion to the other. There was no formal abandonment of the S. E. U.,
and the respondent took no steps to dissipate the illegal influence
which brought the S. E. U. into existence.
Moreover, the' active influence of the respondent continued unabated
in the Independent through the membership and activities of Swope
and Stahlin. Even though eligible to membership in the Independent,,
Swope and Stahlin were, as we have found, clearly such supervisory
employees as to impute to the respondent responsibility for their
activities.
From the foregoing we find, as did the Trial Examiner, that the
respondent has dominated, interfered with, and contributed support
to the formation and administration of the S. E. U. and the Inde-
pendent, and thereby has interfered with, restrained; and coerced its
employees in the exercise of the rights guaranteed in Section 7 of
the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondent set forth in Section III, above,
occurring in connection with the operations of the respondent de-
scribed in Section I, above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. ,
16 Poe testified that he continued to caution his supervisory employees not to interfere
in any union activities. In view of the continued open participation of supervisors in
both the S E . U and the Independent, we do not credit this testimony In any event,
unenforced instructions do not absolve the respondent of responsibility for the unlawful
acts of its supervisors . See cases cited in footnote 14, supra.
. ANCHOR SERUM COMPANY 585
V. THE REMEDY
Having found that the respondent has engaged 'in certain unfair
labor practices, we shall order it to cease and desist from such prac-
tices and to take certain affirmative action which we deem necessary
to effectuate the policies of the Act.
We have found that the respondent has dominated and interfered
with the formation and administration of the S. E. U. and of the
Independent and has contributed support to these, organizations. In
order to effectuate the policies of the Act and free the employees of
the respondent from such interference and domination and the effects
thereof, which constitute a continuing obstacle to the exercise by the
Employees of the rights guaranteed them by the Act, we shall order
that the respondent withhold all recognition from the S. E. U. and
the Independent as the representative of the respondent's employees
for the purpose of dealing with the respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment, and other
conditions of employment. We shall also order the respondent to com-
pletely disestablish the Independent.
We have found that the respondent has interfered with the rights
of its employees guaranteed in Section 7 of the Act, by interfering
in ' the formation and administration of the 'S. E. U. and the Inde-
pendent. Other alleged violations of the employees' rights to self-
organization have been disposed of by the respondent agreeing to take
certain affirmative action with respect thereto, as provided for in the
stipulation referred to above. Under all the circumstances, we deem
it necessary, in order to effectuate the policies of the Act, to order
the respondent to cease and desist from in any other manner interfer-
ing with, restraining, and coercing: its employees in the exercise of
the rights guaranteed by Section 7 of the Act, and we shall so order.
Upon the foregoing findings of fact, and upon the entire record
in the case, the Board makes the following:
CoNcLusIoNs of LAW
1. Packinghouse Workers Organizing Committee, Local #58, affili-
ated with the Congress of Industrial Organizations, and Serum Em-
ployees Union of South St. Joseph, Mo., unaffiliated, are labor-organ-
izations, within the meaning of Section 2 (5) of the Act; Serum
Employees Union, unaffiliated, was a labor organization, within the
meaning of Section 2 (5) of the Act.
2. By dominating and interfering with the formation and admin-
istration of Serum Employees Union and Serum Employees Union
of South St. Joseph, Mo., and by 'contributing support to them, the
respondent has engaged in and is engaging in unfair labor practices,
within the meaning of Section 8 (2) of the Act.
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. By interfering with, restraining, and coercing its employees in the
exercise of the rights guaranteed in Section 7 of the Act, the respond-
ent has engaged in and is engaging in unfair labor practices, within
the meaning of Section 8 (1) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section.2 (6) and (7) of
the Act.
ORDER
Upon the basis of the above findings of fact and conclusions of law,
and pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the respondent,
Anchor Serum Company, South St. Joseph, Missouri, and its officers,
agents, successors, and assigns, shall :
1. Cease and desist from :
(a) In any manner'dominating or interfering with the administra-
ti on of Serum Employees Union and Serum Employees Union of South
St. Joseph, Mo., or with the formation or'administration of any other
labor organization of its employees, and from contributing support to
the aforesaid labor organizations or any other labor organization of its
employees;
(b) ' In any other manner interfering with, restraining, or coercing
its employees in the exercise of the 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 purposes of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action'-which the Board finds will
effectuate the policies of the Act:
(a) Withhold all recognition from Serum Employees Union and
Serum Employees Union of South St. Joseph,'Mo., as the representa-
tive of any of its employees for the purpose of dealing with the re-
spondent concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or other conditions of employment, and com-
pletely disestablish Serum Employees Union of South St. Joseph, Mo.;
(b) - Post immediately in conspicuous places throughout its plant
in South St. Joseph, Missouri, and maintain for a period of 'not less
than sixty (60) consecutive' days from the date of posting, notices to
its employees stating : (1) that the respondent will, not engage in the
conduct from which it is ordered to cease and desist in paragraphs 1
(a) and (b) of this Order; and (2) that the respondent will take the
affirmative action set forth in paragraph 2 (a)' of this Order;
(c) Notify the Regional Director for the Seventeenth Region in
writing within ten (10) days from the receipt of this Order what steps
the respondent has taken to comply herewith.