National Labor Relations Bd. v. Jack Smith Beverages, 11493

• Decision Date: 17 February 1953
• Docket Number: 11521.,No. 11493,11493
• Citation: 202 F.2d 100
• Parties: NATIONAL LABOR RELATIONS BOARD v. JACK SMITH BEVERAGES, Inc. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 194, v. NATIONAL LABOR RELATIONS BOARD.
• Court: U.S. Court of Appeals — Sixth Circuit

202 F.2d 100 (1953)

NATIONAL LABOR RELATIONS BOARD v. JACK SMITH BEVERAGES, Inc.

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 194, v. NATIONAL LABOR RELATIONS BOARD.

Nos. 11493, 11521.

United States Court of Appeals Sixth Circuit.

February 17, 1953.

David P. Findling and Duane B. Beeson, Washington, D. C. (George J. Bott, David P. Findling, A. Norman Somers, Frederick U. Reel and Duane Beeson, Washington, D. C., on the brief), for National Labor Relations Board.

Francis E. Lindsay, Jackson, Mich. (J. Adrian Rosenburg, of Rosenburg, Painter & Davidson, Jackson, Mich., on the brief), for Jack Smith Beverages, Inc.

Albert J. Goldberg, of Padway, Goldberg & Previant, Milwaukee, Wis., for International Brotherhood of Teamsters, etc.

Edward F. Conlin, Louis E. Burke and Richard J. Mann, Ann Arbor, Mich., for Edwards Brosther, Inc., amicus curiae.

Before SIMONS, Chief Judge, and ALLEN, Circuit Judge.

ALLEN, Circuit Judge.

These consolidated cases arise out of a petition for enforcement by the National Labor Relations Board, a cross-petition by respondent to review and set aside the order, and a subsequent petition by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 194¹ (AFL), hereinafter called "Teamsters," to review and set aside the order sought to be enforced. The facts are in the main not controverted.

Jack Smith Beverages, Inc., a company engaged in the purchase and distribution of beer, ale and wine, has its principal place of business at Jackson, Mich. and operates two branch offices at Adrian and Ypsilanti in the same state. Approximately 31% of its purchases for the year 1949, which amounted to $1,835,644.04, came from outside the state of Michigan. Respondent employs in its three branches driver-salesmen who distribute the beverage products within the state of Michigan, working on a commission basis. Thirteen of these drivers were employed at the Ypsilanti branch. It was charged that the respondent through its president Smith and its Ypsilanti branch manager, Petty, interfered with, restrained and coerced its employees in the right of organization guaranteed under the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., and violated the same statute in dominating and supporting Local 164 of the Teamsters (AFL). The trial examiner found that respondent had practiced coercion, restraint and domination at the Ypsilanti plant and this finding was approved and adopted by the Board, which issued the usual cease and desist order and ordered the Teamsters' Union disestablished in all three of respondent's branches.

On consideration of the record as a whole we conclude that the principal findings of the Board are sustained by substantial evidence, elicited not only from witnesses for the Board but also from respondent's president, Smith, and Petty, the manager of the Ypsilanti branch. A majority of the drivers at Ypsilanti had signed membership cards in the International Union of United Brewery, Flour, Cereal and Soft Drink Distillery Workers of America (CIO), hereinafter called "Brewers." Smith and Petty influenced the drivers to repudiate their CIO membership and later encouraged and facilitated membership in the Teamsters (AFL) in which association respondent paid the membership dues of every employee involved. These activities constituted a violation of Section 8(a)(1) and (2) of the act.

Subsequent to the issuance of the order of the Board, Local 164 of the Teamsters, intervenor at the hearing before the...