California Cotton Oil Corporation And Edible Oil Workers Union, Local 21569, A. F. Of L., 540 (1940)

Summary

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California Cotton Oil Corporation And International Longshoremen And Warehousemen's Union, Local 1-60, C. I. O.

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California Cotton Oil Corporation And Edible Oil Workers Union, Local 21569, A. F. Of L., 540 (1940)

In the Matter of CALIFORNIA COTTON OIL CORPORATION and EDIBLE OIL WORKERS UNION, LOCAL 21569, A. F. OF L.

In the Matter of CALIFORNIA COTTON OIL CORPORATION and INTERNATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION, LOCAL 1-60, C. I. O.

Cases Nos. C-1.00 and C-1201, respectively.-Decided February 16, 1940 Milling and Processing of Cottonseed Industry-Jurisdiction: operations incidental to processing of cotton seed; effect on interstate commerce--Interference,

Restraint, and Coercion: restraining employees from joining union by statements to assembled employees that they were being misled and would not be fairly treated by the union, that the respondent could do more for them than outsiders, that it would move its plant to another State rather than recognize the union or sign closed-shop agreement; questioning of employment applicant concerning union affiliation; subjection of union leader to criticism and ridicule;

respondent's full knowledge of union activities; decline of union activitiesDiscrimination: charges of, as to five employees, not sustained.

Mr. Charles M. Brooks, for the Board.

Flint &d MacKay, by Mr. Wesley L. Nutten, Jr., Mr. Donald W.

Hamblin, and Mr. Maurice 6. Covington, of Los Angeles, Calif., for the respondent.

Mr. E. F. Prior, of Wilmington, Calif., for the A. F. of L.

Mr. H. W. Alexander, of Los Angeles, Calif., for the C. I. O.

Mr. Louis A. Roland, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges separately and duly filed by Edible Oil Workers Union, Local 21569, affiliated with the American Federation of Labor, herein called the A. F. of L., and by International Longshoremen and Warehousemen's Union, Local 1-60, affiliated with the Congress of Industrial Organizations, herein called the C. I. O.,1 the National Labor Relations Board, herein called the 'The A. F. of L.'s third amended charge alleged violation of Section 8 (1) of the Act.

The C. I. O.'s amended charge alleged violation of Section 8 (1) and (3) of the Act.

540 Board, on August 19, 1938, ordered that the two cases be consolidated for the purpose of hearing, and, by Towne Nylander, Regional Director for the Twenty-first Region (Los Angeles, California), issued its complaint, dated September 6, 1938, against California Cotton Oil Corporation, Vernon, California, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1) and (3) 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 notice of hearing, were duly served upon the respondent, the A. F. of L., and the C. I. 0.

In respect to the unfair labor practices, the complaint alleged in substance that (1) at various dates the respondent laid off or discharged five named employees and at all times thereafter refused to reinstate them to their regular positions of employment solely for the reason that they had joined or assisted the A. F. of L. or the C. I. 0., thereby discriminating in regard to hire and tenure of employment of said employees and discouraging membership in a labor organization, and (2) the respond...

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