National Labor Relations Board v. Vulcan Forging Co., 11131.

• Citation: 188 F.2d 927
• Decision Date: 23 March 1951
• Docket Number: No. 11131.,11131.
• Parties: NATIONAL LABOR RELATIONS BOARD v. VULCAN FORGING CO.
• Court: United States Courts of Appeals. United States Court of Appeals (6th Circuit)

188 F.2d 927 (1951)

NATIONAL LABOR RELATIONS BOARD v. VULCAN FORGING CO.

No. 11131.

United States Court of Appeals Sixth Circuit.

Decided March 23, 1951.

Bernard Dunau, Washington, D. C. (George J. Bott, David P. Findling, A. Norman Somers, Bernard Dunau and Duane Beeson, Washington, D. C., on the brief), for petitioner.

Paul Franseth, Detroit, Mich. (Voorhies, Long, Ryan & McNair, and Paul Franseth, Detroit, Mich., on the brief), for respondent.

Before SIMONS, McALLISTER and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

The National Labor Relations Board, claiming that respondent had refused to bargain collectively with a duly elected bargaining agent of its employees, petitioned for enforcement of its order directing respondent to cease and desist from refusing to bargain collectively with the union; to require respondent to bargain collectively, and to post the notices provided for in such cases.

Respondent claims that the failure of the Board to allege or prove compliance with the Labor Management Relations Act of 1947, 61 Stat. 136, 29 U.S.C.A. § 151 et seq., was a bar to enforcement of the order; that the operations of respondent did not affect interstate commerce within the meaning of the Act, and the Board, accordingly, had no jurisdiction in the case; that its employees had repudiated the union which was no longer their bargaining agent; and that respondent had not refused to bargain collectively in violation of the Act.

The background of the case is as follows: In an election held at respondent's plant March 13, 1947, the employees, by a vote of 12 to 10, chose to be represented by the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, CIO, hereinafter called the union.

Sometime after the election, the employees drew up a statement, dated March 21, 1947, which was signed by 19 of the 20 employees then with respondent, including the bargaining committee selected under the union organization. The statement is as follows:

"To whom it may concern: —

"We the undersigned, want to sever our relations with the union (UAW-CIO) representing us at Vulcan Forging Company; 3900 Wyoming, Dearborn, Mich. We are doing so without any intimidation or influence in any way."

Other than the date of the instrument, it does not appear when the names were signed to this notice.

Subsequently, on March 24, 1947, a meeting was held between the representatives of the International Union, the representatives of management, and Swindell and Ramsey, constituting the bargaining committee of the employees, to consider the request of the union for the execution of a contract.

Apparently a week or so after the meeting, respondent received the written notice above set forth, stating that the employees had severed their relation with the union. On April 18, respondent informed the union by letter that it had not advised it earlier with regard to its views on the proposed contract because it had received the notice signed by its employees to the effect that they severed all relations with the union; and respondent, in its letter, asked the union, "Under the circumstances wouldn't it be wiser to defer consideration of the proposed contract which you submitted until such time as it may appear that the employees desired to have the union represent them?"

The repudiation of the union by the employees was not due to any unfair labor practice or unfair conduct by respondent; and there was no allegation or evidence of any unfair labor practice prior to the repudiation of the union by the employees.

The failure of the Board to allege or prove compliance of the union with Section 9(f), (g), and (h) of the Act is not a bar to enforcement of its order. National Labor Relations Board v. Wiltse, 6 Cir., 188 F.2d 917; National Labor Relations Board v. Greensboro Coca Cola Bottling Co., 4 Cir., 180 F.2d 840.

While there is no showing in the transcript of the record that the union failed to comply with Section 9(f), (g), and (h) of the Act, there was submitted by respondent, after arguments in this court, a photostatic copy of a statement dated subsequent to the arguments and purporting to be signed by the Affidavit Compliance Branch of the National Labor Relations Board, in which it is set forth that the Congress of Industrial Organizations, the parent union in this case, was not in compliance with the filing requirements of the above mentioned section of the Act on the date on which the complaint was issued by the Board; and such statement has not been questioned by the Board. According to Section 10(e) of the Act, Title 29 U.S.C.A. § 160(e), leave to adduce additional evidence in the court of appeals may be ordered upon a showing, to the satisfaction of the court, that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board, its member, agent, or agency. No such showing has been made, or, perhaps, could be made in this case. In this connection, the Board submits that even were the complaint dismissed...