Amalgamated Clothing Workers of America v. NLRB
| Decision Date | 02 February 1970 |
| Docket Number | 22637.,No. 22501,22501 |
| Parties | AMALGAMATED CLOTHING WORKERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Winfield Manufacturing Company, Inc., Intervenor. WINFIELD MANUFACTURING COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Amalgamated Clothing Workers of America, Intervenor. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Robert T. Snyder, New York City, with whom Mr. Jacob Sheinkman, New York City, was on the brief, for petitioner in No. 22,501 and intervenor in No. 22,637.
Mr. Robert H. Loeb, Birmingham, Ala., for petitioner in No. 22,637 and intervenor in No. 22,501.
Mr. Ian Lanoff, Attorney, National Labor Relations Board, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, for respondent. Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Elliott Moore, Attorney, National Labor Relations Board, were on the brief, for respondent.
Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.
These cases come to us upon petitions to review by Winfield Manufacturing Company, Inc. (the Company) and Amalgamated Clothing Workers of America (the Union), and a cross application by the National Labor Relations Board for enforcement of a decision and order of the Board issued against the Company. The Board in its decision found that the Company committed certain unfair labor practices in violation of Section 8(a) (1) of the National Labor Relations Act (29 U.S.C. § 158(a) (1)) and violated Section 8(a) (5) and (1) of the Act by refusing to bargain with the Union upon request. The Board's order requires the Company to cease and desist from the unfair labor practices found, and from in any other manner interfering with, restraining or coercing its employees in the exercise of their protected rights. Affirmatively, the Board's order requires the Company to bargain collectively with the Union upon request as the exclusive bargaining representative of all employees in the unit and to post appropriate notices.
The Company contends that the Board's findings are not supported by substantial evidence on the record as a whole. The Company contends further that the Board improperly refused to grant the Company a hearing on its objections to the election which resulted in the certification of the Union. The Union argues that the Board erred in failing to grant the Union's request for retroactive compensatory relief in respect of the Section 8(a) (5) violation and in refusing to grant the "J. P. Stevens remedy" requested by the Union in regard to the Section 8(a) (1) and (5) violations. J. P. Stevens (I) v. N.L.R.B., 380 F.2d 292 (2d Cir.), cert. den., 389 U.S. 1005, 88 S.Ct. 564, 19 L.Ed.2d 600 (1967); J. P. Stevens (III) v. N.L.R.B., 406 F.2d 1017 (4th Cir. 1968); J. P. Stevens (IV) v. N.L.R.B., 406 F.2d 1017 (4th Cir. 1968). We affirm the Board's order and grant the cross application for enforcement.
The Company manufactures men's trousers at plants located at Winfield, Alabama, and Golden, Mississippi. The Union conducted separate organizational campaigns at each plant. The campaign at the Winfield plant began in the late summer of 1967 and continued until November 9, 1967, when the Board conducted an election at that plant. The Union won the election. The Company filed timely objections, alleging, so far as material here,1 that Union representatives and adherents had engaged in conduct which warranted setting aside the election.
The Union's campaign at the Golden plant followed that at Winfield and does not raise a certification issue.
The Board found that the Company committed unfair labor practices in violation of Section 8(a) (1) of the Act in that (1) on the day before the election at the Winfield plant the Company passed out a leaflet entitled "FACTS TO REMEMBER: EXCELLENT REASONS FOR VOTING NO IN THURSDAY ELECTION"; (2) the Company distributed a coercive questionnaire to the Winfield employees on the day after the election; and (3) the Company's president Milton Weinsten delivered a coercive and threatening speech to the Golden employees one week after the election at the Winfield plant.
The text of the leaflet distributed to the Winfield employees on the day before the election was:
On the day after the election the Company distributed to the employees of the Winfield plant a form containing a number of questions about alleged Union misconduct and misrepresentations during the election campaign. The employees were asked to fill in the blank spaces on the questionnaire and to return it to the company as a signed "personal" letter. Among the questions asked were the following:
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