Tip Top Creamery Co.

National Labor Relations Board - Board Decisions

Dec 4, 1937

4 N.L.R.B. 399 (N.L.R.B. 1937)

In the Matter of TIP Top CREAMERY COMPANY and INTERNATIONAL.
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, STABLEMEN AND HELPERS
OF AMERICA, LOCAL UNION No. 417
Case No. 0-287-Decided December 4, 1937
Milk and Milk products-Inte7teience , Restraint , or Coercion : expressed oppo-
sition to labor organizations-Disci mntat, on • discharge-Reinstatement Or-
dered-Back Pay- awarded pursuant to stipulation.
Mr. Walter B. Chelf, for the Board.
Mr. William C. Karnes, of Chicago, Ill., for the respondent.
Mr. S. G. Lippman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a charge and an amended charge duly filed by International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of
America, Local Union No. 417, herein called the Union, the Regional
Director for the Eleventh Region (Indianapolis, Indiana), issued a,
complaint on October 25, 1937, against the Tip Top Creamery Com-
pany, Vincennes , Indiana, 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), (3),
and (5) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act.
The complaint alleges that the respondent is and has been since
1904 a corporation organized under the laws of the State of Indiana,
having its principal office and place of business in Vincennes, Indiana,
and is engaged in the processing of milk and milk products; that
the respondent causes a substantial portion of raw materials used'
in the processing of its milk and milk products to be purchased and
transported from and through states of the United States other than.
the State of Indiana; and causes a substantial portion of the proc--
essed milk and milk products produced by it to be sold and trans-
ported through states of the United States other than the State o£
Indiana.
399
400 NATIONAL LABOR RELATIONS BOARD
In respect to the unfair labor practices, the complaint in substance
alleges that the respondent, during the period from February 22
to March 1, 1937, terminated the employment of the following em-
ployees :
Edward Richardson Albert Lang
Charles Mikiska James Cannon
Mildred Jones Carl Madden
Wayne Walker
and refused to reinstate Roy Hosea, and has at all times since, re-
fused to reemploy the above-named employees, for the reason that
the above-named employees joined and assisted a labor union and
-engaged in other concerted activities with other employees for the
purposes of collective bargaining, and other mutual aid and protec-
tion; that since February 5, 1937, the respondent has at various times,
by threats, speeches, and conversations with individual employees, and
in other ways, discouraged its employees in their affiliations with the
Union; that on or before October 10, 1937, a majority of employees
in the Vincennes plant, designated the Union as their representative
for the purposes of collective bargaining ; that at various times since
October 1, 1937, the Union requested the respondent to bargain col-
lectively in respect to rates of pay, wages, hours of employment, and
other conditions of employment; that the respondent, however, on
-said date and at all times thereafter refused to bargain collectively
with the Union ; that the respondent by the aforesaid acts has engaged
in unfair labor practices affecting commerce within the meaning of
:Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the Act.
On November 1, 1937, pursuant to an extension of time duly
granted by the Regional Director, the respondent filed its answer
which in effect denied every material allegation in the complaint,
-and in addition set forth its reasons for terminating the employment
of the above-named employees.
Pursuant to a notice duly served upon the respondent and the
Union, a hearing was held in Vincennes, Indiana, on November 8,
1937, before Alvin M. Douglas, the Trial Examiner duly designated
by the Board. The Board and the respondent 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 to the parties.
At the opening of the hearing, the Board moved to dismiss all
allegations in the complaint dealing with the alleged refusal of the
respondent to bargain within the meaning of Section 8 (5) of the Act.
The Board further moved to strike the complaint in so far as it
pertained to Carl Madden. No objections were raised and the Trial
TExaminer granted the motions.
DECISIONS AND ORDERS 401
On November 8, 1937, during the hearing, the respondent signified
its consent to the issuance of an order by the Board, in the terms
stated below, and this was agreed to by all parties to the proceeding.
ORDER
On the basis of the above consent, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, Tip Top Creamery Com-
pany, Vincennes, Indiana, and its officers, agents, successors, and
.assigns, shall :
1. Cease and desist :
a. From interfering with, restraining or coercing its employees
in the exercise of their right to form, join, and assist labor
organizations of their own choice, and in particular the Inter-
national Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, Local Union No. 417, to bargain collectively,
and to engage in other concerted activities with its production
employees, including drivers and excluding supervisory and
clerical employees at its Vincennes plant;
b. From discharging or threatening to discharge any of its
employees for the reason that such employees have joined or
assisted International Brotherhood of Teamsters, Chauffeurs,
Stablemen and Helpers of America, Local Union No. 417, or any
other labor organization of its employees, or from in any other
manner discriminating in regard to the hire and tenure of em-
ployment of any of its employees in order to encourage or dis-
courage the membership of its employees in, or their affiliation
with, any labor organization of its employees.
2. Take the following affirmative action in order to effectuate the
policies of the National Labor Relations Act :
a. Offer to Edward Richardson, Charles Mikiska, Albert
Lang, Wayne Walker, and James Cannon on or before Novem-
ber 12, 1937, immediate and full reinstatement to their former
positions, without prejudice to their seniority and their rights
and privileges, dismissing if necessary any employees at present
holding such position;
b. Make whole the employees above named for any loss of
pay they have suffered by reason of their discharge, by payment
to each of them of a sum of money equal to that which they would
normally have earned as wages from the date of their discharge
to the date of the Tip Top Creamery Company offer of rein-
statement, less any amounts earned by them during that period.
402 NATIONAL LABOR RELATIONS BOARD
3. Post immediately notice to its employees in conspicuous places
throughout its plant, stating :
a. That the Tip Top Creamery Company will cease and desist
as above set out.
4. Notify the Regional Director for the Eleventh Region in writing
within ten (10) days from the date of this stipulation what steps the
Tip Top Creamery Company has taken to comply therewith.
S