American Enka Corp. v. National Labor Relations Bd.
Decision Date | 07 April 1941 |
Docket Number | No. 4733.,4733. |
Citation | 119 F.2d 60 |
Parties | AMERICAN ENKA CORPORATION v. NATIONAL LABOR RELATIONS BOARD. |
Court | U.S. Court of Appeals — Fourth Circuit |
T. R. Iserman, of New York City (Larkin, Rathbone & Perry and Nicholas Kelley, all of New York City, and W. A. Egerton, of Enka, N.C., on the brief), for petitioner.
Edward F. Prichard, Jr., Sp. Asst. to Atty. Gen. (Robert B. Watts, Gen. Counsel, Laurence A. Knapp, Associate Gen. Counsel, Ernest A. Gross, Asst. Gen. Counsel, Lewis M. Gill, and William Strong, all of Washington, D. C., Attys., National Labor Relations Board, on the brief), for respondent.
Before PARKER, SOPER, and DOBIE, Circuit Judges.
This is a petition to review and set aside an order of the National Labor Relations Board directing the petitioner, American Enka Corporation, to cease and desist from dominating or interfering with the administration of the Factory Workers' Committees (associations of petitioner's employees), contributing financial or other support to them, or, in any other manner, interfering with, restraining or coercing its employees in the exercise of rights guaranteed by section 7 of the National Labor Relations Act, 29 U.S.C.A. § 157, and, affirmatively, to withdraw all recognition from the committees as bargaining agencies and to post appropriate notices that it will comply with the order. The Board has answered asking enforcement of the order. It is not denied that petitioner is engaged in interstate commerce within the meaning of the Act and that the practices complained of, if they exist, are within the Board's jurisdiction.
The first question presented by the petition is whether the Board's finding as to domination of, interference with and support of the Factory Workers' Committees is sustained by substantial evidence. As to this, we think there can be no doubt. The evidence with regard thereto is fairly summarized by the Board as follows:
Petitioner relies upon the uncontradicted testimony of a large number of employees to the effect that they were free from coercion by the company in voting for representatives on the committees and that the committees were free of coercion in presenting grievances to and making requests of and demands upon petitioner's management; upon the fact that in November, 1939, it issued a statement to its employees setting forth their rights under the National Labor Relations Act, 29 U.S. C.A. § 151 et seq., and assuring them that they would not be discriminated against because of union membership; and upon the fact that, in an election held by the company in that year, a large majority of the employees voted in favor of petitioner's contesting the effort to discontinue the existing method of employee representation. None of these matters, however, can avail respondent. Seldom does the domination and interference with employee representation which the Act prohibits take the form of threats or coercion. More often it is to be found in the guise of friendly cooperation; and the purpose of the Act is to prohibit anything which will enable the employer to exert influence on the representatives of the employees in the collective bargaining which it is the purpose of the Act to promote. When the employer himself assists in setting up the bargaining agency, provides the machinery by which the bargaining representatives are chosen, allows the elections to be conducted on his premises and at his expense and pays the representatives for the time devoted to bargaining, he is manifestly taking too great a part in a matter with which he is supposed to have nothing whatever to do.1 Collective bargaining becomes a delusion and a snare if the employer, either directly or indirectly, is allowed to sit on both sides of the...
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