National Labor Relations Bd. v. Abbott Worsted Mills, 3752.

• Decision Date: 23 April 1942
• Docket Number: No. 3752.,3752.
• Citation: 127 F.2d 438
• Parties: NATIONAL LABOR RELATIONS BOARD v. ABBOTT WORSTED MILLS, Inc.
• Court: U.S. Court of Appeals — First Circuit

127 F.2d 438 (1942)

NATIONAL LABOR RELATIONS BOARD v. ABBOTT WORSTED MILLS, Inc.

No. 3752.

Circuit Court of Appeals, First Circuit.

April 23, 1942.

William S. Gordon, Jr., of Boston, Mass. (Robert B. Watts, Ernest A. Gross, Gerhard P. Van Arkel, and Thomas E. Shroyer, all of Washington, D. C., on the brief), for petitioner.

John P. Carleton, of Manchester, N. H. (McLane, Davis & Carleton, of Manchester, N. H., on the brief), for respondent.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

PER CURIAM.

The National Labor Relations Board petitions for enforcement of its order dated October 30, 1941, directed against Abbott Worsted Mills, Inc. of Wilton, New Hampshire. 49 Stat. 454, 29 U.S.C.A. § 160(e). Respondent's sole point in opposition is that the record contains no substantial evidence warranting the Board's finding that Wilfred Champagne was laid off or discharged because of his efforts at the plant to revive a local of Textile Workers Union of America (C.I.O.). It is conceded that respondent is subject to the Act. No exception is taken to the remedial terms of the order.

Champagne had worked as a weaver in respondent's plant since 1933, the oldest weaver in point of service. Lucas, the overseer of weavers, testified that Champagne was "a willing worker" and "as good a weaver as I have seen or been with at any time." James D. Abbott, a director and the active manager of respondent, acknowledged that Champagne was "an exceptionally good weaver." Respondent's president, Edward J. Abbott (who was the father of James), testified that Champagne was "a good weaver" and "a little better than the average."

In 1935 Champagne was secretary of an American Federation of Labor local which was organized at respondent's plant but which did not survive for long. During the latter part of 1938 efforts were made by the Textile Workers Union of America to organize a local at the plant and Champagne was elected secretary-treasurer, in which capacity he met with the management as a member of the union's committee. Thereafter the Wilton Worsted Workers Association was formed, and after an election it was certified by the Board in January, 1940, as the exclusive bargaining agency of the respondent's employees. Champagne joined that organization and became an active member of its executive committee.

After some months the Association still had not achieved a written contract with respondent. Champagne became dissatisfied with the organization, ceased paying dues and was automatically suspended. In September, 1940, he attempted to reorganize the local of the Textile Workers Union. He held a meeting with union organizers inside and outside his home, which was about 500 feet from the mill and in plain sight of workers coming to and from work. As a result of that meeting, letters were sent to about 20 of the employees, criticizing the Association as an ineffective bargaining agency and requesting help in reviving the local of the Textile Workers Union. Lucas knew of these activities; they were, he conceded, "common talk in the mill." James Abbott disclaimed any knowledge of Champagne's C.I.O. activities: "I tried not to know it. I would simply close my ears when anything like that would come up. As a mill official I made it my business to disclaim and immediately forget, if possible, any rumors or hearsay or anything I heard about it, * * *." Likewise Edward J. Abbott, the president, denied any knowledge of the renewed C.I.O. activity.

On September 20, 1940, about ten days after the above mentioned letters went out, James Abbott instructed Lucas to lay Champagne off, which Lucas proceeded at once to do. Lucas testified that he knew of no reason for the layoff and was surprised to receive the order. James Abbott could give Champagne no satisfactory explanation of the layoff. He testified that he had acted on orders from his father, Edward J. Abbott, and that all his father told him was that he had decided to lay Champagne off as a result of a conversation he had had with George F. Smith, the president of the Wilton Worsted Workers Association.

It was conceded by James Abbott that "there was no force reduction which necessitated the layoff of Champagne." In fact, James Abbott proceeded at once to fill Champagne's place by taking back Ray Brown who was admittedly not as good a weaver as Champagne.

Toward the end of October, 1940, the mill went from two shifts to three and a substantial increase of employment resulted. About this time Champagne applied to James Abbott to be taken back but was told there was nothing for him then. On several occasions, at intervals of two or three weeks Champagne renewed his application, without success. During that time Abbott was trying very hard to get good weavers, and indeed "actually went out to solicit some people to come to work." Some men were...