River Falls Co-operative Creamery And General Drivers And Helpers Union, Local 622, International Brortherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America, A. F. L., 257 (1950)

In the Matter of RIVER FALLS CO-OPERATIVE CREAMERY and GENERAL DRIVERS AND HELPERS UNION, LOCAL 622, INTERNATIONAL BROrTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. L.

Case No. 18-OA-106.-Decided June 9, 1950 DECISION AND ORDER On January 20, 1950, Trial Examiner Louis Plost issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. The Trial Examiner also found that the Respondent had not engaged in certain other unfair labor practices alleged in the complaint, and recommended dismissal of these allegations. Thereafter, the Respondent, the Union, and the General Counsel filed exceptions to the Intermediate Report and supporting briefs.

The Board' has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the following modifications:

  1. We find, in agreement with the Trial Examiner, that the Respondent, in discharging Wagner for cutting off the power from the boiler-stoker preparatory to his going on strike, did not violate Section 8 (a) (3) of the Act. We do not agree, however, that Wagner's act in shutting off the power was an 'incident to the calling of the strike' or that, in so doing; he 'engaged in concerted activity for the mutual aid of fellow employees.' Under all the circumstances, including the fact that Parmeter, the relief fireman, was on hand to take over the operation of the boiler, and the fact that Wagner admittedly SPursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock].

    90 NLRB No. 56.

    was aware of the dangers which might have been caused by a sudden drop in steam pressure, we believe that this was neither the normal act of a fireman about to leave his post nor a necessary concomitant of his going on strike. We therefore find that Wagner was discharged for cause and not because he engaged in concerted union activity.2 2. We agree with the Trial Examiner that the Respondent violated Section 8 (a) (1) of the Act. In adopting this finding, however, we rely solely on the following activities of Supervisor Halada:

    (a) Telling employee Leo Nelson that if lie dropped the Union, he would work for the Respondent longer than the union adherents;

    (b) Asking Nelson whether a contract had been read to the employees at the Union's meeting;

    (c) Threatening employees Wayne and Lorraine Minder with the loss of their jobs if they went on strike;

    (d) Telling Wayne and Lorraine Minder that they would get further ahead if they dropped the Union.

    ORDER Upon the entire record in this case and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, River Falls Co-operative Creamery, River Falls, Wisconsin, its officers, agents, successors, and assigns shall:

  2. Cease and desist from:

    (a) Promising its employees longer continued tenure or other advantages if they withdraw from the Union; questioning its enaployees as to what has transpired at union meetings; and threatening employees with discharge if they engage in concerted activities;

    (b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form labor organizations, to join or assist General Drivers and Helpers Union, Local 622, International Brotherhood of Teamsters, Chauffeurs,

    Warehousemen and Helpers of America, A. F. L., or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the Act.

    I Mt. Clemens Pottery Company, et al., 46 NLRB 714; affd. N. L. R. B. v. Mt. Clemens Pottery Company, 147 F. 2d 262 (C. A. 6).

    259 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act:

    (a) Post at its plant at River Falls, Wisconsin, copies of the notice attached hereto and marked Appendix A.3 Copies of said notice, to be furnished by the Regional Director for the Eighteenth Region, shall, after being duly signed by the Respondent's representative, be posted by the Respondent immediately upon receipt thereof and maintained by it for sixty (60) consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material;

    (b) 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.

    IT IS FURTIHER ORDERED that the complaint, insofar as it alleges other violations of the Act, be, and it hereby is, dismissed.

    APPENDIX A NOTICE TO ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that:

    WE WILL NOT attempt to induce our employees to withdraw from GENERAL DRIVERS AND HELPERS UNION, LOCAL 622, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. L., by promising them longer continued tenure or other advantages; question our employees as to what has transpired at union meetings; or threaten our employees with discharge because of their concerted activities.

    WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist GENERAL DRIVERS AND HELPERS UNION, LOCAL 622, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. L., or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any 8 In the event that this Order is enforced by a decree of a Court of Appeals, there shall be inserted before the words, 'A Decision and Order,' the words, 'A Decree of the United States Court of Appeals enforcing.'

    or all of such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the Act.

    All our employees are free to become, remain, or refrain from becoming members of the above-named union or any other labor organization, except to the extent that this right may be affected by an agreement in conformity with Section 8 (a) (3) of the Act. We will not discriminate in regard to the hire or tenure of employment or any term or condition of employment against any employee because of membership in or activity on behalf of any such labor organization.

    RIVER FALLS CO-OPERATIVE CREAMERY,

    Employer.

    By---- --------------------------(Representative) (Title) Dated------ --This notice must remain posted for sixty (60) days from the date hereof, and must not be altered, defaced, or covered by any other material.

    INTERMEDIATE REPORT Erwin A. Peterson, Esq., for the General Counsel.

    Bundlic, Kelley, Finley mid lMaIn, by lManwdt Torrison, Esq., of St. Paul, Minn., for the Respondent.

    Mr. Norman H. Kleist, of Ean Claire, Wis., for the Union.

    STATEMENT OF TUE CASE Upon an amended charge filed August 1, 1949, by General Drivers and Helpers Union, Local 622, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., herein called the Union, the General Counsel of the National Labor Relations Board, herein called the Board, by the Regional Director for the Eighteenth Region (Minneapolis, Minnesota), issued a complaint dated September 29, 1949, against River Falls Co-operative Creamery, of River Falls, Wisconsin, herein called the Respondent, alleging that the Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (a) (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 61 Stat. 136, herein called the Act. On August 1, 1949, the Respondent was served with a copy of the amended charge. On April 12, 1949, the original charge in this matter had been duly filed and on April 13, 1949, the Respondent had been served with a copy thereof. On September 29, 1949, the Respondent was again served with a copy of the amended charge, together with a copy of the complaint and a notice of hearing.

    With respect to the unfair labor practices, the complaint alleges in substance (a) that the Respondent discharged and refused to reinstate a certain one of its employees, named therein, because he engaged in concerted activities with other employees for mutual aid and protection and in behalf of the Union, (b) that by such and other acts and conduct the Respondent did interfere with.

    restrain, and coerce, and is interfering with, restraining, and coercing its employees in the exercise of rights guaranteed in Section 7 of the Act, and (c) that the above...

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