Angwell Curtain Co. v. National Labor Relations Board

• Decision Date: 29 November 1951
• Docket Number: No. 10461.,10461.
• Citation: 192 F.2d 899
• Parties: ANGWELL CURTAIN CO. v. NATIONAL LABOR RELATIONS BOARD.
• Court: U.S. Court of Appeals — Seventh Circuit

192 F.2d 899 (1951)

ANGWELL CURTAIN CO. v. NATIONAL LABOR RELATIONS BOARD.

No. 10461.

United States Court of Appeals Seventh Circuit.

November 29, 1951.

George P. Ryan, Robert D. Risch, Indianapolis, Ind., for petitioner.

David P. Findling, Associate General Counsel, A. Norman Somers, Asst. General Counsel, Mozart G. Ratner, all of Washington, D. C., for respondent.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.

DUFFY, Circuit Judge.

This proceeding is before the court on a petition¹ to review and set aside in part an order of the National Labor Relations Board issued against petitioner on May 18, 1951. In its answer the Board requests enforcement of its order in full.

Petitioner is an Illinois corporation having its manufacturing plant in Greencastle,² Indiana, where it engages in the manufacture and sale of draperies and curtains. In August, 1949, it had about 70 shop and maintenance employees. Stella Thomas (hereinafter usually called Thomas) was, in point of service, one of the oldest employees in her department. She was an efficient worker and had received three merit increases of 5¢ an hour each in addition to a general increase given to all employees. She was frequently called upon to instruct new employees in the sewing machine operation.

In July, 1949, petitioner experienced a business recession, and during a four week period laid off 18 employees. Seven were laid off the first week, 8 the second, 2 the third, and 1 the fourth. Thomas was laid off July 29, during the third week of said period. On August 10, while applying for unemployment compensation, Thomas met several other employees who likewise had been laid off, and discussed with them the possibility of forming a union at petitioner's plant. On August 12 Thomas was instructed to report back for work on August 15. On August 14 Thomas obtained from her husband the name and address of Hugh Gormley of Indianapolis, Indiana, regional director of the American Federation of Labor, which she turned over to employee Davis. On August 15, the day Thomas reported for work at Greencastle, employees Davis and Surber went to Indianapolis to interview Gormley, who furnished them with union application cards and gave them instructions to contact other employees at their homes to get them to sign cards. Returning to Greencastle that night, Davis and Surber went to the Thomas home where Thomas signed one of the cards. These three visited the homes of other employees on that and the two succeeding nights, soliciting signatures to the union cards. Also, immediately after work on August 17, Thomas and employee Castle solicited signatures in Castle's automobile parked outside the plant. They were talking to employee Staggs and another employee when Thomas saw Hoover, the factory manager, observing them from one of the windows of the plant. Thomas told Castle that Hoover was watching them and that they better drive on, which they did. Several days later, Blocker, the general manager of the plant, summoned employee Staggs to his office and asked her whether Thomas or Castle had said anything to her about the union.

On August 18 Gormley petitioned the National Labor Relations Board for an election to determine whether petitioner's employees desired to have the union as their bargaining representative. On the same day the sub-regional office of the National Labor Relations Board at Indianapolis addressed a letter to the company notifying it of the filing of the petition; this letter was received by the company on August 19.

On August 18 Stella Thomas was called to the office by Hoover, who informed her that she was discharged. Although employee paychecks were usually prepared at Chicago, Thomas was given a check, dated that day, covering her pay to date. There is substantial evidence in the record to support the Board's finding that Hoover told Thomas she was being discharged due to lack of orders; that when she asked if her layoff was final, Hoover said, "It is according to the outcome of this thing that has started"; and that Thomas understood "this thing" to mean the organization of the union. Upon the advice of Gormley, Thomas returned to the plant on August 22 or August 23 to inquire further into the reason for her discharge, and Hoover replied, "Now, Stella, you know why." Thomas stated the report that she had started the union was untrue. General Manager Blocker then inquired who had started the union, and she said she would tell him after the election had been held. After being told there were no complaints about her work, Thomas again asked if her layoff was permanent, and Hoover replied, "Wait until this thing is over."

Based upon Gormley's petition³ an election was held at the plant on September 22 to determine whether a majority of the production and maintenance employees desired to be represented by the union for purposes of collective bargaining. Forty-one voted against and 21 voted in favor of the union; 8 votes, including that of Thomas, were challenged. Following the announcement of the results, Thomas met Hoover outside the plant and told him she would like to see Brambach, the president, in order to inform him that she was not responsible for starting the union activity, and to tell him how the union activity did start at the plant. Hoover went into the plant and on returning told Thomas that Brambach would not see her and that Brambach did not care who started the union. Shortly thereafter Blocker also came out of the plant and informed her Brambach did not want to see her, and he then said to Thomas, "Stella, walk down the street and tell me who it was * * *. You tell me who started it and I will see that you get your job back." Gormley, who was present, advised Thomas not to tell Blocker anything, and he led her away.

The following morning Thomas and six other employees went in a group to the plant and talked to Blocker about returning to work. Several of these employees testified as to what Blocker said at this meeting. In substance it was that the worst wasn't over, as there were 21 employees in the plant who had voted for the union. Three of the employees testified that Blocker asked if they had the nerve to "come back to work" or to "ask for their job" after "this thing we had here yesterday" or after "this thing that happened here yesterday." They also testified that Blocker stated that the 21 employees would be weeded out if they could be identified, because Brambach, the president, would not work under a union, but would close the plant and move back to Chicago, and that anyone who had anything to do with the union would not be reemployed by the company. Thomas asked Blocker if she should be given a separation notice, but he said that was not necessary and concluded the conversation with Thomas by returning her scissors saying, "You may need them to go someplace else."

Later that morning the same group, except two, met Brambach in his office. He told them they had no business in the plant as they no longer were employees of the company. There was testimony that Brambach on this occasion said that the 21 employees in the plant who had voted for the union would be weeded out as fast as they could be found.

The company contends that...