National Labor Relations Bd. v. San Diego Gas & El. Co.
| Decision Date | 25 June 1953 |
| Docket Number | No. 13525.,13525. |
| Citation | 205 F.2d 471 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. SAN DIEGO GAS & ELECTRIC CO. |
| Court | U.S. Court of Appeals — Ninth Circuit |
George J. Bott, Gen. Counsel, NLRB, David P. Findling, Asso. Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, Fannie M. Boyls, Thomas R. Haley, Washington, D. C., and George H. O'Brien, Los Angeles, Cal., for petitioner.
Luce, Forward, Kunzel & Scripps, San Diego, Cal., for respondent.
Before DENMAN, Chief Judge; ORR and POPE, Circuit Judges.
March 31, 1952, petitioner entered a cease and desist order pursuant to § 10(c) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 160(c), requiring respondent to refrain from certain specified acts and to take affirmative action which petitioner found would effectuate the policies of said Act. Petitioner is seeking enforcement of its orders. Respondent urges us to deny enforcement because as it asserts, the findings upon which petitioner relies to support its order are not supported by substantial evidence.
Respondent is a California public utility corporation engaged in supplying illuminating gas and electricity for industrial, commercial, and domestic use to the residents of the City and County of San Diego, California. It is admitted that respondent is engaged in commerce within the meaning of the Act.
The trial examiner found and, for the most part, petitioner relied on the following facts:
Cosby M. Newsom, a former employee of respondent and against whom the charged unfair labor practice is alleged to have been directed, was one of five instrument technicians employed by respondent. Respondent had a union contract with many employees. Instrument technicians were not covered by that contract. In August or September, 1950, Newsom returned from a trip to Los Angeles. He informed his fellow technicians that higher rates of pay were received by instrument technicians employed in the same industry in Los Angeles. The opinion was expressed by one member of the group that the higher wage obtaining in Los Angeles was due to the fact that the workers there were unionized. A discussion was had as to the advisability of having the Union represent them as a bargaining agent.
A few days prior to January 15, 1951, on reporting for work, Newsom and two other instrument technicians informed Harold L. Warden, instrument engineer, and their immediate superior, that the instrument technicians felt they should receive a raise in pay and were considering asking the Union to represent them. Warden expressed sympathy with the idea and informed them that he would aid them in furthering their union program. Warden contacted two other instrument technicians and informed them that their only chance of securing higher wages was through union representation and that he would assist them in getting it.
Warden contacted Kalins, his immediate superior, a safety engineer, and informed him of the instrument technicians' plans to join the Union. Warden and Kalins contacted Hathaway, superintendent of the electrical department, Kalins' immediate superior. Hathaway requested a meeting with the instrument technicians. It was held later that day. Present were Hathaway, the five instrument technicians, Warden and Kalins. Hathaway inquired who was the employees' spokesman. He was informed that no selection had been made. Hathaway inquired whether the efforts of the five employees to get union representation was prompted by any grievance other than the wage question. He was informed that there was none. Hathaway expressed the opinion that the men should have sought wage increases through normal company channels rather than attempting to enlist the aid of the Union and informed them that had they done so he would have given the matter speedy consideration but that inasmuch as the company's contract with the Union had more than a year to run he doubted whether the Union could get the men any relief for a long period of time. Hathaway stated that he had no objection to the men joining the Union but thought that respondent's top management might object, stating several reasons why he thought they would do so.
The instrument technicians decided to have the Union represent them. A request for representation was formulated, copies of which were sent to the Union and one to respondent's vice-president in charge of operations. Upon arriving at the plant the morning following the distribution of the request, Warden made a statement to Newsom and Fowler as follows:
"* * * our instrument technicians position didn't look too good, and that if he Warden were in our shoes he would get these affairs in order because there is a possibility we may all be looking for other jobs."
Other statements were made by Warden to the different instrument technicians at different times, such as: "* * * that the instrument technicians would find it difficult to obtain employment as instrument technicians elsewhere because Warden doubted whether they had the necessary qualifications to combat the competition they would encounter; that * * * they would meet with strong opposition in their organizational move." This testimony was given credence by the trial examiner over contradictory testimony by Warden. The statements made by the officials of respondent were construed by the men as meaning they would lose their jobs if they continued their union activity.
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