Carter Carburetor Corp. v. National Labor R. Board, 12636.
| Decision Date | 21 February 1944 |
| Docket Number | No. 12636.,12636. |
| Citation | 140 F.2d 714 |
| Parties | CARTER CARBURETOR CORPORATION v. NATIONAL LABOR RELATIONS BOARD. |
| Court | U.S. Court of Appeals — Eighth Circuit |
William R. Gentry, of St. Louis, Mo. (N. A. Stancliffe and John L. Farrell, both of New York City, on the brief), for petitioner.
Jack G. Evans, Atty., National Labor Relations Board, of St. Louis, Mo. (Robert B. Watts, General Counsel, Howard Lichtenstein, Asst. General Counsel, William J. Isaacson, and William J. Avrutis, all of Washington, D. C., on the brief), for respondent.
Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.
This is an original proceeding brought by Carter Carburetor Corporation to review an order of the National Labor Relations Board requiring it to cease and desist from certain unfair labor practices. The National Labor Relations Board in its answer asked that the order be enforced. The order requires petitioner to cease and desist from certain unfair labor practices found by the Board, to withdraw recognition from and disestablish the Mutual Workers' Union as a collective bargaining representative of its employees, to rescind its rule barring union activities, except in so far as it prohibits union activity and discussion during working hours, at places where work is being performed, and to reinstate with back pay the employees discriminated against, and to post appropriate notices.
The complaint against petitioner was based upon charges made by International Union, United Automobile, Aircraft and Agricultural Workmen of America (C. I. O.), Local 819. Upon hearing on these charges the Board found that petitioner had violated Section 8(1) (2) (3) of the Act, 29 U.S.C.A. § 158 (1-3), (1) by dominating and interfering with the formation and administration of Mutual (a company-dominated union), and contributing support to it; (2) by interfering with, restraining and coercing its employees in the exercise of their rights under the National Labor Relations Act by the promulgation of a rule prohibiting solicitation for or discussion of union organizations, not only during working hours, at places where work was being performed, but anywhere on petitioner's premises; and (3) by discriminatorily discharging 31 employees because of their membership and activities in the union.
The order requires petitioner to cease and desist from the unfair practices so found; to rescind its rule prohibiting union activities, except in so far as it prohibits union activity and discussion during working hours, at places where work is being performed; to reinstate with back pay the discharged employees, and to post appropriate notices. Petitioner here challenges that part of the decision and order of the board holding that the 31 named employees were wrongfully discharged and requiring their reinstatement with back pay, and that the petitioner adopted a discriminatory rule and discriminatorily interpreted its application.
Petitioner is engaged in the manufacture of carburetors primarily for use in automobiles, but since war conditions have prevailed it has manufactured fuses for high explosive howitzer shells for the United States and Great Britain, in addition to its production of carburetors.
We shall first consider the decision of the Board with reference to the rule adopted and promulgated by petitioner relative to the solicitation of membership in any union on company property or time. The rule was embodied in a notice posted on the premises February 25, 1943 and reads as follows:
On its face the rule may not be objectionable as a regulation for the conduct of business. Midland Steel Products Co. v. N.L.R.B., 6 Cir., 113 F.2d 800; N.L.R.B. v. Williamson-Dickie Mfg. Co., 5 Cir., 130 F.2d 260. That it forbids no other form of solicitation is not important nor material. The employer need not in a single rule attempt to embody all forms of solicitation, and on its face at least this rule does not single out any particular union but applies equally to all. There is evidence in the record indicating that discussions of such matters between employees even during their rest periods became acrimonious, bitter and provocative. If the solicitation for union membership on its premises during working hours gave rise to bickering, disputes, ill-will and lack of harmony among its employees, thus affecting their efficiency, it would not be unreasonable to adopt such a rule as would tend to remove the causes which lowered their efficiency. N.L.R.B. v. El Paso Electric Co., 5 Cir., 133 F.2d 168; Midland Steel Products Co. v. N.L.R.B., supra. We think, however, that the rule was misconstrued by petitioner. It purports to forbid solicitation but it was construed to prohibit all "talk about unions" and union activities. In the circumstances revealed by the record, the notice embodying this rule, interpreted as it was, warranted the Board in finding that it was an unfair labor practice. The Board found, and we think the evidence warrants the finding, that the promulgation of this rule and the posting of the notice were timed and prompted by motives of hostility toward the union and was designed to interfere with the employees in their self-organization and in the selection of a collective bargaining agent.
We shall first refer to some of the circumstances which we think warranted the Board in finding that the promulgation and enforcement of this rule were for the purpose of interfering with the free exercise by the employees of their right of self-organization. About February, 1942, union activities among the employees of petitioner became quite marked. An executive board of the union was elected, open meetings were held, leaflets were distributed through the mail and at plant entrances, and a flood of union buttons became in evidence at the plant. On February 24, a large mass meeting was held by the union at which some 2600 handbills were distributed, containing the statement that "The zero hour is fast approaching when Carter's employees will be organized." Mutual had been established prior to this time and the activities in connection with the Mutual had been quite open and encouraged by petitioner; membership was solicited, collection of dues made, and tickets for activities were sold, all on the premises of petitioner during working hours. During four days, from August 12 to August 16, 1941, more than 1300 Mutual application cards were signed on the premises. All of the activities of Mutual seem to have had the sanction of petitioner, as they were not interfered with. The Board found that the purpose of posting the notice was to "impede the union's organizational campaign and to protect Mutual." We can not say that this finding is not sustained by substantial evidence. The Board was of the view that this rule promulgated and posted so opportunely...
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