National Labor Relations Bd. v. SS Coachman & Sons, 14294.
| Citation | 203 F.2d 109 |
| Decision Date | 02 April 1953 |
| Docket Number | No. 14294.,14294. |
| Parties | NATIONAL LABOR RELATIONS BOARD v. S. S. COACHMAN & SONS, Inc. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Elizabeth W. Weston, Atty., A. Norman Somers, Asst. Gen. Counsel, David P. Findling, Associate Gen. Counsel, George J. Bott, Gen. Counsel, and Marshall J. Seidman, Atty., National Labor Relations Board, Washington, D. C., for petitioner.
Cyril E. Pogue, Clearwater, Fla., McMullen, McMullen & Pogue, and Chester B. McMullen, Clearwater, Fla., for respondent.
Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.
This is a petition for the enforcement of an order of the National Labor Relations Board, which was issued pursuant to Section 10(e) of the National Labor Relations Act, as amended, 61 Stat. 136, 29 U.S.C.A. § 151 et seq. The respondent is a Florida corporation engaged in the business of packing, processing, and shipping citrus fruits; its principal place of business is in Clearwater, Florida. On June 19, 1951, a complaint was issued against respondent by the regional director of the Board alleging that it was and had been engaged in certain unfair labor practices.
After a hearing, the trial examiner found that the respondent had violated Section 8(a) (3) of the Act by discriminating in regard to the employment of one Mary Rudd because of her union activities; also that it was guilty of unfair labor practices, within the meaning of Section 8(a) (1), by reason of interfering with, restraining, and coercing Rudd and other employees in the exercise of their rights guaranteed by Section 7 of said Act. The Board substantially adopted the examiner's findings, but dismissed a complaint that respondent had threatened to discharge its employees or to effect other economic reprisals against them for joining the union.
The order of the Board directed respondent to cease and desist from (a) discouraging membership in any labor organization; (b) discriminating against its employees in regard to their employment; and (c) interfering with, restraining, or coercing its employees in the exercise of their rights of self-organization, to bargain collectively, or engage in other mutual aid or protection. It directed said respondent to reinstate Mary Rudd to her former position, with all seniority rights, and to indemnify her for any loss suffered; to post compliance notices; to make available to the Board certain pertinent records; and to notify the regional director of steps taken in compliance with the order.
The business of respondent was conducted on a seasonal basis, each packing season beginning about the first week of October and ending in July of the following year. Seven or eight women were employed as packers in its plant. Mary Rudd was first employed as a packer in 1936, and continued to work through part of the 1940-41 season, when she resigned to seek employment nearer her home. In about January, 1948, she returned to respondent's plant and worked continuously on a full-time basis until November 30, 1950. At the time of her return to the plant, E. R. Sessions, the foreman of the respondent, requested that she transport other employees to and from the plant in her automobile, which she did throughout the period of employment until her discharge.
On or about November 15, 1950, an employee of another company by the name of Newton, contacted Rudd and solicited her aid in the unionization of respondent's employees. Thereafter, she discussed the union with the other employees during her lunch periods and other non-working hours, and, on November 23, 1950, distributed union application cards which had been supplied to her by a union organizer named E'Dalgo, collecting a number of the signed cards on the following day. On several occasions thereafter she had conversations with Newton with regard to the organizational drive. During the middle of November, Sessions inquired of two other employees, by the names of Ringer and Blackburn, as to whether they had heard anything about the...
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