Stanislaus Food Products Company (formerly Stanislaus Canning Company) And Food, Tobacco, Agricultural & Allied Workers Union Of America, C. I. 0. And California, State Council Of Cannery Unions, Cannery Workers' Union, Local 748, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America, A. F. Of L.,* Party To The Contract, 260 (1948)

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Stanislaus Food Products Company (formerly Stanislaus Canning Company) And Food, Tobacco, Agricultural & Allied Workers Union Of America, C. I. 0. And California, State Council Of Cannery Unions, Cannery Workers' Union, Local 748, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America, A. F. Of L.,* Party To The Contract, 260 (1948)

In the Matter of STANISLAUS FOOD PRODUCTS COMPANY (FORMERLY STANISLAUS CANNING COMPANY) and FOOD, TOBACCO, AGRICULTURAL & ALLIED WORKERS UNION OF AMERICA, C. I. 0. and CALIFORNIA,

STATE COUNCIL OF CANNERY UNIONS, CANNERY WORKERS' UNION,

LOCAL 748, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.,* PARTY TO THE CONTRACT Case No. 20-C-1i26.-Decided August 31, 19,8 DECISION AND ORDER On September 30, 1947, Trial Examiner Earl S. Bellman issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices in violation of Section 8 (1), (3), and (5) of the Act2 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 and was not engaging in certain other unfair labor practices as alleged in the complaint. Thereafter, the Respondent and the Intervenor, Party to the Contract, filed exceptions to the Intermediate Report and supporting briefs. The Intervenor and the Respondent have requested oral argument before the Board in Washington, D. C. Because the record and briefs, in our opinion, adequately present the issues and positions of the parties, the request for oral argument is hereby denied.

*The caption is hereby amended by striking the word 'UNION' which has erroneously appeared after 'HELPERS,' and by inserting 'CANNERY WORKERS' UNION, LOCAL 748,' the local which signed the contract.

1 The power of the Board to issue a Decision and Order in a case such as this where the charging union has not complied with the filing requirements specified in Section 9 (f), (g), and (h) of the amended Act, was decided by the Board in Matter of Marshall and Bruce Company, 2The provisions of Section 8 (1), (3), and (5) of the National Labor Relations Act, which the Trial Examiner herein found were violated, are continued in Section 8 (a) (1), 8 (a) (3), and 8 (a) (5) of the Act, as amended by the Labor Management Relations Act, 1947.

260 261 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this proceeding to a three-man panel consisting of Chairman Herzog and Members Reynolds and Murdock.

The Board has reviewed the rulings of the Trial Examiner 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. Certain of the recommendations, however, are affirmed only subject to timely compliance by the charging union with the filing requirements of the Act.3 ORDER Upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, Stanislaus Food Products Company, successor to R. J. Quartaroli, d/b/a Stanislaus Canning Company, Modesto, California, and its officers, agents, successors, and assigns shall:

1. Cease and desist from:

(a) Refusing to bargain collectively with Food, Tobacco, Agricultural & Allied Workers Union of America, C. I. O., if and when said labor organization shall have complied, within 30 days from the date of this Order, with Section 9 (f), (g), and (h) of the Act as amended, as the exclusive representative of all production and maintenance employees, excluding office and clerical employees and supervisors as defined in the Act, as amended;

(b) Recognizing California State Council of Cannery Unions,

Cannery Workers' Union, Local 748, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,

A. F. of L., as the exclusive representative of its employees for purposes of collective bargaining, unless and until such organization shall have been certified by the National Labor Relations Board as the exclusive representative thereof;

(c) Giving effect to its agreement of April 12, 1946, with California State Council of Cannery Unions, Cannery Workers' Union, Local 748, International Brotherhod of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., or to any extension, renewal, a Matter of Marshall and Bruce Company, modification, or supplement thereof, or to any superseding agreeinent with said labor organization, or any other labor organization which is an affiliate thereof, provided that the Respondent in complying herewith shall not be required to vary the wages, hours of employment, rates of pay, seniority or other substantive features of the employment relationship established by its agreement of April 12, 1946;

(d) Discouraging membership in Food, Tobacco, Agricult...

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