National Labor Rel. Bd. v. Sawyer Downtown Motors, 11066.

• Decision Date: 28 May 1954
• Docket Number: No. 11066.,11066.
• Citation: 213 F.2d 514
• Parties: NATIONAL LABOR RELATIONS BOARD v. SAWYER DOWNTOWN MOTORS, Inc.
• Court: U.S. Court of Appeals — Seventh Circuit

213 F.2d 514 (1954)

NATIONAL LABOR RELATIONS BOARD v. SAWYER DOWNTOWN MOTORS, Inc.

No. 11066.

United States Court of Appeals Seventh Circuit.

May 28, 1954.

George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, Fannie M. Boyls, Wiley M. Craft, Attys., National Labor Relations Board, Washington, D. C., for petitioner.

Charles Geisenfeld, Geisenfeld & Geisenfeld, Milwaukee, Wis., for respondent.

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

MAJOR, Chief Judge.

Petitioner requests enforcement of its order, issued April 10, 1953, against respondent, following the usual proceedings under § 10 of the National Labor Relations Act, Title 29 U.S.C.A. § 160. The Board's decision and order are reported in 103 NLRB No. 120. The Board found that respondent had interfered with, restrained and coerced its employees in the exercise of their organizational rights, in violation of § 8 (a) (1) of the Act, and also that respondent discharged William Sprotte and Richard Stahl, two of its employees, because of their membership in and activities on behalf of the Amalgamated Clothing Workers of America (herein called the Union), in violation of § 8 (a) (1) and (3) of the Act. The sole issue here arises from respondent's challenge to the propriety of the order, predicated upon the contention that the findings of the Board upon which its order rests are not substantially supported by the evidence.

Respondent, Sawyer Downtown Motors, Inc., is a Wisconsin corporation engaged in the sale of Buick automobiles under a franchise from the Buick Motor Division, General Motors Corporation. It maintains offices and a salesroom in Milwaukee, where the unfair labor practices as alleged and found took place. There is no question but that respondent's activities affected commerce within the meaning of the Act.

Inasmuch as the sole issue here is factual, we start with the statutory provision contained in § 10(e) of the Act, which provides: "The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive." We have examined the record and while the evidence relied upon by the Board is not voluminous and in some respects not as satisfactory as we would like, yet we are satisfied that it furnishes sufficient support to the challenged findings. It is the function of the Board as the trier of the facts, and not that of a reviewing court, to reconcile the conflicting testimony and to determine the credit or weight to be attached to the testimony of the various witnesses.

A brief statement of the evidence upon which the Board relies will suffice. Walter J. Sawyer was respondent's president, Frank Kasper its sales manager and Chester Van Vleet its used car manager. Prior to December, 1951, respondent's employees were unorganized. During the latter part of that month a movement was initiated to organize and to induce respondent's employees to join the Union. During this organizational movement there is testimony that Kasper stated to employee Anderson, "* * don't affiliate yourself with that kind of monkey business in any manner, because Mr. Sawyer just won't stand for it, and as much as I like you, I'll have to give you the axe." Kasper frequently inquired of Anderson whether he had joined the Union, was attending its meetings and if the Union was bothering him. On one occasion, Anderson informed Kasper that he had signed a card. A few days later Sawyer inquired of Anderson if he was "in that Union," urged him to vote with respondent and promised that respondent would rectify any matters about which Anderson thought he was "being cheated." Anderson was called into Kasper's office and asked to sign a paper requesting removal of his name from the rolls of the Union. After the discharge of Stahl, Anderson was also requested by Kasper to sign a paper which contained a statement reflecting upon Stahl's work and that he had not been discharged "because of any Union." Anderson signed these papers, so he testified, under duress. On January 25, 1952, immediately after the discharge of Sprotte and prior to the discharge of Stahl, the latter was called into Kasper's office and, upon inquiry, told Kasper that he was a member of the Union. Kasper stated, "Don't you want to work here any more? * * * Why did you get yourself tied up with the Union?" On the same occasion, Kasper pointed out that the Union might be all right for a laboring class of people but that in a sales organization "it is only a lazy skunk who doesn't want to work."

Sprotte was an outstanding salesman and had worked for respondent since November 16, 1950, in both the old and new car departments; in fact, his work was so satisfactory that Kasper...