National Labor Rel. Board v. Glenn L. Martin-Nebraska Co.

• Decision Date: 05 April 1944
• Docket Number: No. 12620.,12620.
• Citation: 141 F.2d 371
• Parties: NATIONAL LABOR RELATIONS BOARD v. GLENN L. MARTIN-NEBRASKA CO.
• Court: U.S. Court of Appeals — Eighth Circuit

141 F.2d 371 (1944)

NATIONAL LABOR RELATIONS BOARD v. GLENN L. MARTIN-NEBRASKA CO.

No. 12620.

Circuit Court of Appeals, Eighth Circuit.

April 5, 1944.

Colonel C. Sawyer, Principal Atty., National Labor Relations Board of Washington, D. C. (Robert B. Watts, Gen. Counsel, Howard Lichtenstein, Asst. Gen. Counsel, William J. Isaacson, all of Washington, D. C., Richard A. Perkins, of Los Angeles, Cal., and Eleanor Schwartzbach, Attys., National Labor Relations Board, of Washington, D. C., on the brief), for petitioner.

W. C. Fraser, of Omaha, Neb. (E. J. Creswell, of Washington, D. C., and C. C. Tucker, of Cleveland, Ohio, on the brief), for respondent.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

This case comes before the court upon petition of the National Labor Relations Board for the enforcement of its order against the respondent, the Glenn L. Martin-Nebraska Company, a Delaware corporation. The respondent is engaged in operating an airplane assembly plant at Fort Crook in Sarpy County, Nebraska, where it employs in excess of 5,000 persons.

The order is in the usual form and directs the respondent to cease and desist from certain unfair labor practices affecting commerce and to offer reinstatement and back pay to two discharged employees, George V. Ojeski and William J. Krahling.

The Board found (1) that in violation of § 8(1) of the National Labor Relations Act, 49 Stat. 449, 29 U.S.C.A. § 151 et seq., the respondent interfered with, restrained, and coerced its employees in the exercise of their rights to self-organization, to form, join and assist labor organizations, and to engage in concerted activities for the purpose of collective bargaining, and (2) that in violation of § 8(3) it discriminatorily discharged Ojeski and Krahling because of their membership and activities in a labor union.

The respondent in its answer prays that the petition be dismissed and enforcement denied, contending (1) that there is a total absence of evidence to justify the findings of fact and the order based thereon; (2) that statements of its foremen to the employees derogatory of the union and in opposition to membership of the employees therein were either privileged or made in the performance of their duties in respect of the enforcement of company rules; and (3) that the Board erred in failing to find that Ojeski and Krahling were discharged solely because of incompetency.

In view of the clearly defined boundaries of this court's power and duty under the Act, a detailed recital of the evidence is not necessary. Section 10(e) provides that upon petition of the Board to the court for enforcement of its orders, "The findings of the Board as to the facts, if supported by evidence, shall be conclusive." By this statute Congress gave to the Board, not the courts, power to draw inferences from the facts and to appraise conflicting and circumstantial evidence, and the weight and credibility of testimony. National Labor Relations Board v. Link-Belt Company, 311 U.S. 584, 61 S.Ct. 358, 85 L.Ed. 368; National Labor Relations Board v. Nevada Consolidated Copper Corporation, 316 U.S. 105, 62 S.Ct. 960, 86 L.Ed. 1305; National Labor Relations Board v. Central Steel Tube Co., 8 Cir., 139 F.2d 489; Onan et al. v. National Labor Relations Board, 8 Cir., 139 F.2d 728.

The first contention that there is a total absence of evidence to support the findings of the Board is without merit.

The second contention of the respondent relates to the finding of coercion. The evidence in brief in regard to this matter is that in the spring and summer of 1942 the A. F. of L. and the C. I. O. were carrying on a campaign for membership among respondent's employees. They were distributing leaflets to the employees as they left the plant and by various means of approach were soliciting and urging them to join the unions. While the organizational campaign was in progress the respondent about June 1, 1942, distributed among its employees an individual and unilateral Employment Agreement and a booklet entitled Information for Employees. The preamble of the Agreement recited that the Company recognized the right of its employees to bargain collectively, to self-organization, and to join or to refrain from joining any organization or union. It covered wages, overtime, sick leave, vacations, grievances, seniority rights, and other relations. It provided that "This instrument shall be considered a contract between the Company and its employees and shall be effective as of the date hereof. It is the purpose of the Company to continue the agreement in effect until such time as general economic conditions, or other conditions beyond the control of the Company make changes necessary." This instrument was signed by the respondent June 1, 1942, but it was not signed by or on behalf of the employees, and they were not requested to sign it.

The booklet entitled Information for Employees contained rules respecting the "Company's requirements of its employees in their relations with the Company." Rule 36 only is pertinent. It stated that "The * * * solicitation of employees for membership in organizations * * * is not permitted at any time on Company property without the specific approval of the Management."

Thereafter certain of respondent's foremen in speeches at instructional meetings and in conversations with employees expressed their personal disapproval of unions, stating that what they said was their own individual opinions. The evidence, however, shows that sometimes the statements of the foremen contained threats. On one occasion a foreman after stating to a union member that he was against unionism added: "I've heard quite a bit about your talking Union around here. That's got to come to a stop. * * * I'm telling you this here, once and for all, there has been too much of this talk around here * * * you keep your nose clean, or out you go."

Another foreman in warning an employee against...