N.L.R.B. v. Sencore, Inc., 76-1878
| Decision Date | 23 June 1977 |
| Docket Number | No. 76-1878,76-1878 |
| Citation | 558 F.2d 433 |
| Parties | 95 L.R.R.M. (BNA) 2865, 81 Lab.Cas. P 13,292 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SENCORE, INC., Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Allison W. Brown, Jr., Atty., N. L. R. B., Elliott Moore, Deputy Associate Gen. Counsel, and Frank Phillips, Atty., N. L. R. B., Washington, D. C., for petitioner; John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, N. L. R. B., Washington, D. C., on brief.
Gale E. Fisher, May, Johnson & Burke, Sioux Falls, S. D., for respondent; John E. Burke and Gale E. Fisher, Sioux Falls, S. D., on brief.
Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON and WEBSTER, Circuit Judges.
The National Labor Relations Board (Board) petitions for enforcement of its order issued March 19, 1976, against Sencore, Inc. (Sencore). 1 The Board found that Sencore had interfered with, restrained and coerced its employees in the exercise of their rights guaranteed in section 7 of the National Labor Relations Act (Act), 29 U.S.C. § 157, in violation of section 8(a)(1) of the Act. The Board additionally found that Sencore violated section 8(a)(1) of the Act by discharging employee Phyllis Swier and section 8(a)(3) and (1) of the Act by discharging employee Arlene Highstrom. Our review of the record as a whole convinces us there is substantial evidence to support the Board's findings and no error of law appears.
We note at the outset that Sencore does not challenge the Board's finding that the company had interfered with, restrained and coerced its employees in the exercise of their statutory rights, in violation of section 8(a)(1) of the Act. Sencore does contend, however, that the Board's finding that Phyllis Swier was discharged for engaging in protected concerted activity is not supported by substantial evidence. In addition, Sencore contends that the Board's findings that Arlene Highstrom was discharged for her union activity rather than for violations of the company's rules is not supported by substantial evidence.
The record reveals that Phyllis Swier was active in early 1974 in an attempt by the union to organize Sencore's employees. 2 The union failed to win a Board-conducted election held on March 5, 1974. A second organizational effort began in January 1975.
In early 1975 Sencore granted its employees a wage increase. By January 10, 1975, Swier had made some computations of her own in determining what she felt the amount of the raise should be. During a lunch break on January 10, Swier showed her computations to approximately eight of her fellow employees. Toward the end of the day, one of Sencore's supervisors observed Swier talking to other employees about the wage increase and her computations. As a result of these conversations, Swier was discharged by Sencore. It was suggested upon her discharge that Swier look for a place of employment where she would be satisfied.
Sencore contends that Swier's activity was not "concerted" and therefore not within the protection of section 7 of the Act. 3 We disagree. Higher wages are a frequent objective of organizational activity and discussions about wages are necessary to further that goal. Jeannette Corp. v. NLRB, 532 F.2d 916, 918 (3d Cir. 1976). Swier had discussed with at least nine fellow employees on January 10 her computations as to the wage increase. It is apparent her complaint was not solely aimed at resolving a personal problem. The welfare of other workers was also in mind. The requirement of concertedness relates to the end, not the means. Randolph Division, Ethan Allen, Inc. v. NLRB, 513 F.2d 706, 708 (1st Cir. 1975). Certainly Sencore's immediate discharge of Swier because of her dissatisfaction with the wage increase and the effect that her comments might have on new employees is supportive of the fact that Swier's complaint included the welfare of other workers. We conclude that Swier's activity in enlisting the support of her fellow employees as to her views of the wage increase was for their mutual welfare and is as much concerted activity as is ordinary group activity. See Owens-Corning Fiberglas Corp. v. NLRB, 407 F.2d 1357, 1365 (4th Cir. 1969).
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