National Labor Relations Bd. v. Corsicana Cotton Mills, 12304.
| Decision Date | 16 August 1949 |
| Docket Number | No. 12304.,12304. |
| Citation | 178 F.2d 344 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. CORSICANA COTTON MILLS. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Frederick U. Reel, Attorney, Natl. Labor Relations Board, David P. Findling, Assoc. Gen. Counsel, Ruth Weyand, Acting Asst. Gen. Counsel, Washington, D. C., for petitioner.
John M. Scott, Fort Worth, Tex., for respondent.
Before HUTCHESON, SIBLEY and WALLER, Circuit Judges.
Alleging that respondent was in contempt: (1) of paragraphs 1(a) and 2(a),1 and (2) of paragraph 1(c)2 of the enforcement decree entered in this cause on April 1, 1948, petitioner brought these proceedings for an order adjudicating that it was and requiring respondent, its officers and agents, to purge themselves of such contempt.
In support of the first charge, the petition presents a stenographic record of the bargaining conferences; in support of the second an affidavit of one Mims as to which there is a counter affidavit by one Ralph Elliott.
The first charge is in effect that the record of bargaining conferences shows that respondent had violated the requirement of the decree for recognition of the union by insisting that Article 1, the union recognition clause, contain a provision to the effect that non union employees should have a right to vote upon the provisions of the contract negotiated by the union as bargaining agent. In addition, it was charged that in respect to grievance procedure, wages, hours of employment and overtime pay, respondent had refused to bargain in good faith.
The second charge is in effect that, as shown by Mims' affidavit, the company in violation of the decree was interfering with its employees in respect to their union activities and attitude by spying and checking upon them.
The respondent, in its answer, flatly denies these charges of the board. As to the charge of interference with the union activities and attitudes of its employees, respondent insists that the charges made in Mims' affidavit are completely rebutted in that of Elliott, and the charge falls for want of proof.
As to the charge of failure to recognize the union by insisting in paragraph one on a provision for non union participation in union meetings, which deal with the terms of the contract, respondent insists: that this was not a failure or refusal to recognize the union; that on the contrary it recognized the union fully and made these requirements not in denial of recognition but for the purpose of keeping the peace between, and insuring justice to, both of its warring sets of employees, union and non union.
As to the claim of refusal to bargain in good faith on the matters charged by the board, respondent as vigorously insists that the record does not support the charges.
In the board's brief, it is insisted as to the second charge, that Mims' affidavit is not rebutted but substantiated by Elliott's affidavit, and on the basis of the papers, the court might proceed to judgment. It is, however, in view of the primary importance of, and the condition of the record in, the first charge, the refusal to bargain aspect of this case "as to which no questions of fact are presented", further suggested that if the court disagrees with this view it should proceed with a determination now of the first charge, leaving the second charge for further inquiry, or, if unwilling to do this, it should treat the petition as presenting only the bargaining question, leaving the "Mims-Elliott incident" to such other proceedings as the board might see fit to institute.
We have carefully examined the two affidavits and the record of the bargaining conferences. We are in no doubt that in the present state of the record, the second charge of contempt is not made out, and we take with regard to it the alternative course suggested by the board, giving it leave to drop this charge from the petition without prejudice to other proceedings with respect thereto.
As to the charges under the first count, a careful consideration of the record of the several bargaining conferences convinces us that Roe, who was fully authorized to and did conduct the bargaining for the respondent, entered upon and conducted it throughout in complete good faith. It convinces us, too, that throughout the only intention he had was to secure for the company by the bargaining such contract and only such contract as he believed the company was entitled to make under the law, as Roe understood it, taking into...
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