National Labor Relations Bd. v. Syracuse Stamping Co.
| Decision Date | 10 November 1953 |
| Docket Number | No. 24,Docket 22709.,24 |
| Citation | 208 F.2d 77 |
| Parties | NATIONAL LABOR RELATIONS BOARD. v. SYRACUSE STAMPING CO. |
| Court | U.S. Court of Appeals — Second Circuit |
George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, N. L.R.B., Samuel M. Singer and John Francis Lawless, Washington, D. C., for National Labor Relations Board, Petitioner.
Britcher, Carroll, Williams & Conan, Syracuse, for respondent; Daniel C. Williams, Syracuse, of counsel.
Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.
This is a petition for the enforcement of an order of the National Labor Relations Board directed against the respondent, The Syracuse Stamping Company. The Board, in adopting the findings and conclusions of the trial examiner, found that the respondent had violated Sections 8(a)(1) and 8(a)(3) of the Taft Hartley Act, 29 U.S.C.A. § 141 et seq., in interrogating its employees concerning their union activities, threatening and coercing the employees in violation of their rights as secured by Section 7 of the Act, discouraging membership in the International Union, United Automobile, Aircraft and Agricultural Implement Workers, by discriminating in the discharge of an employee, Miss Chilson, and discriminating in the rehiring of one employee, Miss Grosso, because of a pending charge filed by her with the N.L.R.B. The pertinent parts of the Board's decision ordered the respondent to cease and desist from these unfair labor practices and to offer reinstatement to Miss Chilson and Miss Grosso.
We think the findings of the trial examiner, concurred in by the Board, have been sustained by the evidence. In respect to the general violation of Section 8(a)(1), the Board charged that the respondent's vice-president Kuckhoff had at various times made inquiries concerning the activities of the union, and the identity of employees who were in the union; that he had stated that spotters were employed to watch the building in which union meetings were held; and that on one occasion he had made a statement to the effect that: "* * * if he could find out who was joining the Union, who had filed application cards, he was going to make it awfully hard and miserable for us, and any reason he could find he would have us fired * * *." Although Kuckhoff denied these statements, the finding of the Board of their existence was adequately supported by testimony of three employees. The examiner also found that Mr. McNair had asked an employee if she wanted a union shop and had stated further that if the union got in the supervisors and plant members would take away a lot of the privileges then enjoyed by the employees. McNair did not testify but the respondent argues that he was not a supervisory employee within the meaning of the Act. However, the examiner found that in view of his duties of inspecting the workshop and handing out work assignments, he was a supervisory employee under the Act. We agree with this determination. N. L. R. B. v. Chautauqua Hardware Corp., 2 Cir., 192 F.2d 492, 494. It was also found that the foreman John LeCotta had stated to an employee that a union would never succeed in organizing the respondent's plant and if one did "* * * it would cost the respondent the last dime they had." The testimony supporting this was not denied. The trial examiner found further that the statement by Superintendent St. Pierre made after inquiries as to whether an employee was in favor of the union to the effect "Well, others had been dismissed from this place and others can be dismissed from this place * * *," was evidence of threats and coercion by the employer. Although the testimony supporting this was conflicting we give support to the trial examiner, particularly where, as here, the issue is one of credibility. It is to be noted that all these instances of coercion took place at the beginning and during an organizational campaign by the union and cannot be viewed as isolated remarks unconnected with union activities.
The next charge was the discriminatory discharge of Miss Chilson in violation of Section 8(a)(3). It is argued that the respondent had just cause for firing Miss Chilson because of her poor absentee record, but the company did not discharge her because of that record even though it might have furnished a sufficient ground. There is ample evidence to support the examiner's finding that the respondent in fact discharged her for her union activities. She was one of the employees who instigated the union's organizational campaign in the respondent's plant and regularly attended its meetings. Her interest in the union was known by the respondent through its vice-president Kuckhoff. Under the circumstances we think...
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