Modern Motors v. National Labor Relations Board, 14476.
| Decision Date | 16 September 1952 |
| Docket Number | No. 14476.,14476. |
| Citation | 198 F.2d 925 |
| Parties | MODERN MOTORS, Inc. v. NATIONAL LABOR RELATIONS BOARD. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert A. Brown, Jr., St. Joseph, Mo. (Brown, Douglas & Brown, St. Joseph, Mo., on the brief), for petitioner.
Irving M. Herman, Washington, D. C. (George J. Bott, General Counsel, David P. Findling, Associate General Counsel, A. Norman Somers, Asst. General Counsel, and Bernard Dunau, all of Washington, D. C., on the brief), for respondent.
Before SANBORN, JOHNSEN and COLLET, Circuit Judges.
This case, like National Labor Relations Board v. J. I. Case Company, Bettendorf Works, 8 Cir., 198 F.2d 919, concurrently decided, presents a situation involving concerted activities by employees for mutual aid or protection, discharges made on account thereof, violations of section 8(a) (1) and (3) of the Act, 29 U.S.C.A. § 158 (a) (1, 3) found in relation thereto, and cease and desist provisions entered as to each of these subsections, with requirements also of reinstatement and backpay.
The matter is before us on a petition by the employer to have the Board's order set aside and a counter-request by the Board to have the order enforced.
The concerted activities involved were prompted by the employer's failure at Christmas-time in 1949 to pay an employees' bonus, as had been done during a number of preceding years. On the morning following the Christmas holiday, eleven of the employees in the employer's shop insisted upon an opportunity to discuss the matter with the president of the Company. Two of their number acted as spokesmen for the group. The president declared that the Company could not afford to pay a bonus that year and directed all of them to either go back to work or leave the premises. The two spokesmen replied that they felt that they were entitled to seek legal advice. They left the shop and went downtown to find and consult with a lawyer. They suggested to the other nine that they not go to work until their return. When the president came out into the shop a few minutes later and learned that the two spokesmen had left the premises, he announced that they were fired and ordered the rest to "go to work or get your tools and leave the building." All of the nine, except one, returned to their jobs. The latter stated that he was not going to work until the two spokesmen returned. When the two spokesmen came back to the shop around noon, they and the one employee who had not returned to his job were discharged.
There had been up to that time no union organization or union activity in the shop. The three discharged employees however immediately went out and sought membership in a union existing in the community and got other employees of the shop to do likewise. Hostility and interference by the employer with these unionization efforts was charged in an amendment made to the complaint, but this charge was found by...
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...situation which management had failed to remedy; it was held by the Supreme Court to be protected under the Act. In Modern Motors, Inc. v. NLRB, 198 F.2d 925 (8th Cir.1952), the protected activity was a refusal to go back to work. Indeed, the suggestion that the employees leave the premises......
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