NLRB v. Monroe Auto Equipment Co., No. 18339.

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtVOGEL, , MATTHES, Circuit , and DUNCAN, Senior
Citation368 F.2d 975
Docket NumberNo. 18339.
Decision Date29 November 1966
PartiesNATIONAL LABOR RELATIONS BOARD, Petitioner, v. MONROE AUTO EQUIPMENT CO., Respondent.

368 F.2d 975 (1966)

NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
MONROE AUTO EQUIPMENT CO., Respondent.

No. 18339.

United States Court of Appeals Eighth Circuit.

November 29, 1966.


368 F.2d 976

Elliott C. Lichtman, Atty., N. L. R. B., for petitioner; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Herman M. Levy and Elliott C. Lichtman, Attys., N. L. R. B., were on the brief.

Jerome Schur, Chicago, Ill., for intervenor International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO; Messrs. Harold A. Katz, Irving M. Friedman and Glenn P. Schwartz, Chicago, Ill., were with him on the brief.

John E. Tate, of Nelson, Harding, Acklie, Leonard & Tate, Lincoln, Neb., for respondent; William P. Trusdale, Deines & Trusdale, Cozad, Neb., was with him on the brief.

Before VOGEL, Chief Judge, MATTHES, Circuit Judge, and DUNCAN, Senior District Judge.

368 F.2d 977

DUNCAN, Senior District Judge.

This case is before the court on a petition of the National Labor Relations Board pursuant to Section 10(e) of the National Labor Relations Act, as amended, 61 Stat. 136, 29 U.S.C. Section 151 et seq., for enforcement of its order issued against the Respondent, Monroe Auto Equipment Co., on June 30, 1965. The Board's decision and order are reported in 153 N.L.R.B. 69.

This Court has jurisdiction under Section 10(e) of the Act, the unfair labor practices having occurred at Cozad, Nebraska, where the company is engaged in the manufacture, reconditioning, and wholesale distribution of automobile shock absorbers.

The Board found that the Company violated Sections 8(a) (1) and 8(a) (3) of the Act by discharging employee, Burton Slack, because of his union activities. The Board further found that Company supervisors, by certain remarks and other conduct, interfered with, restrained and coerced employees in their exercise of rights guaranteed by Section 7 of the Act, in violation of Section 8(a) (1).

The International Union of Automotive, Aerospace and Agricultural Implement Workers of America, AFL-CIO, began its organizational efforts at the Company plant, at Cozad, Nebraska, in 1963. In a previous case, reported at 146 N.L.R.B. 1267, the Board found that the Company, at that time, was guilty of violating Section 8(a) (1) of the Act by engaging in an anti-union campaign. The Union's attempt to organize, at that time, was unsuccessful.

The Board's findings, in the present instance, were based upon circumstances which occurred during the months of April, May, and June, 1964.

The dischargee, Burton Slack, had been an employee of the Company since January, 1962. He was discharged on June 4, 1964. It is clear that he was an early supporter of the Union's organizational efforts at the plant and was a member of the plant organizing committee prior to the 1963 election. It is also clear that Slack's propensity toward unionization was well known to the Company management and supervisors. In fact, on May 1, 1964, when the Regional Director held a hearing on the Union's petition for a representation election, Slack and a co-worker, Keith Schmit, appeared on the podium with the Union representatives throughout the proceedings.

At this time, Slack's foreman was Ollie Goa, quality control manager at the plant. Galen Gengenbach, an inspector in Goa's department, testified that on the morning after the aforesaid meeting, foreman Goa commented to him that "both Keith Schmit and Burt Slack, who were representing or supporters of the United Auto Workers, thought they were pretty smart sitting down there with the other union men and (that) he felt like getting up and busting both Keith Schmit and Burt Slack." Gengenbach further testified that during the last week in May, foreman Goa warned him about associating with Slack, admonishing him that "I was a good man and that I shouldn't associate with a no-good union ... ... ...."

Gengenbach also testified that a foreman's desk was located about 25 feet from the area where Slack normally worked. He stated that prior to the aforesaid union meeting of May 1, foreman Goa and plant superintendent Smith came to this location only once or twice an hour, and, then, for only short periods of time.

Slack testified that this practice abruptly changed after the aforesaid meeting, and that during the month of May, and until June 4, when he was discharged, Goa and Smith spent long periods of time at this desk each day, thereby keeping him under almost constant surveillance. Goa denied that his practice, in this connection, varied at all, subsequent to the May 1 union meeting.

Joseph Schenk, who was employed by the Company as an assistant quality control manager from October, 1961, to April, 1964, (prior to the union meeting of May 1, 1964 and Slack's discharge,

368 F.2d 978
which occurred on June 4, 1964) gave the following testimony regarding a conversation which occurred at a gathering of some of the plant supervisors, during the last week of March, 1964
"* * * Gene Peterson and Wayne Fyfe (Company foreman) were talking, one just about as much as the other, about the meeting they had held that day with Mr. Tate in the office, and they were supposed to relay the message to the night foreman and the night superintendent, and in the course of the meeting, Wayne Fyfe and Peterson said that Mr. Tate had said that we were supposed to ignore all union employees as much as possible, just don\'t pay any attention to them unless it was strictly business. He also said that there would never be an election in the Monroe Auto Equipment Company for two reasons, one that as they posted notice of the election, they would go right down the line and start firing union employees, for instance, Burt Slack and Keith Schmit, Bill Kuefelt. That way the UAW would file charges against the company and that would hold the election off again and we would go through this rigmarole that we did the time before, which meant nothing, or if the UAW didn\'t file charges, it would scare the people so bad knowing that Burt and Keith and the other fellows got discharged for union activities, they would be afraid they would get discharged for union activity and they would vote the opposite of what they would vote in the first place."

There are several assembly lines in the plant, each about 300 feet long. Approximately 150 people work on each line, and each has an inspector, whose duty it is to inspect certain tubes before they are placed on the product, at the proper point on the line. Slack was employed as an inspector on one of these lines, and, as heretofore stated, Goa was his supervisor, on the day he was discharged.

On the morning of June 4, 1964, the day of Slack's discharge, operations began, as usual, at 7:00 A.M. At about 8:00 A.M., Slack told his co-worker, Gengenbach, that he was going to leave his line for a few minutes in order to get a doughnut and carton of milk in another part of the plant.

Slack testified that as he was returning to his work station, 5 to 7 minutes later, Goa saw him and...

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16 practice notes
  • Illinois Ruan Transport Corporation v. NLRB, No. 19057.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 6, 1969
    ...v. N. L. R. B., 8 Cir., 371 F.2d 623; Farmbest, Inc. v. N. L. R. B., 8 Cir., 370 F.2d 1015; N. L. R. B. v. Monroe Auto Equip. Co., 8 Cir., 368 F.2d 975; Banner Biscuit Co. v. N. L. R. B., 8 Cir., 356 F.2d 765; N. L. R. B. v. South Rambler Co., 8 Cir., 324 F.2d 447; Osceola County Co-op. Cre......
  • NLRB v. Hawthorn Company, No. 19248.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 3, 1969
    ...on this issue. See, e. g., Jas. H. Matthews & Co. v. NLRB, supra; NLRB v. Ritchie Mfg. Co., supra; cf. NLRB v. Monroe Auto Equipment Co., 368 F.2d 975 (8th Cir. 1966).6 See also, Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 Cooke's pro-union leaflet, distributed ......
  • Lowry v. WHITAKER CABLE CORPORATION, Civ. A. No. 18015-3.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • April 24, 1972
    ...N.L.R.B. (C.A.8) 411 F.2d 1154; N.L.R.B. v. Grand Foundries, Inc. (C.A.8) 362 F.2d 702, 710; N.L.R.B. v. Monroe Auto Equipment Co (C.A.8) 368 F.2d 975. In this respect the case also differs from that of Sexton v. Training Corporation of America (W.D.Mo.) Civil Action No. 16992-1, relied on ......
  • Mead and Mount Construction Co. v. NLRB, No. 19234.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • July 14, 1969
    ...624 (8th Cir. 1967); N. L. R. B. v. Melrose Processing Co., 351 F.2d 693, 696 (8th Cir. 1965). 8 N.L.R.B. v. Monroe Auto Equipment Co., 368 F.2d 975, 980 (8th Cir. 9 See, Sterling Aluminum Company v. N.L. R.B., 391 F.2d at 720, n. 7: "While at least one Court has stated that an inference dr......
  • Request a trial to view additional results
16 cases
  • Illinois Ruan Transport Corporation v. NLRB, No. 19057.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 6, 1969
    ...v. N. L. R. B., 8 Cir., 371 F.2d 623; Farmbest, Inc. v. N. L. R. B., 8 Cir., 370 F.2d 1015; N. L. R. B. v. Monroe Auto Equip. Co., 8 Cir., 368 F.2d 975; Banner Biscuit Co. v. N. L. R. B., 8 Cir., 356 F.2d 765; N. L. R. B. v. South Rambler Co., 8 Cir., 324 F.2d 447; Osceola County Co-op. Cre......
  • NLRB v. Hawthorn Company, No. 19248.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 3, 1969
    ...on this issue. See, e. g., Jas. H. Matthews & Co. v. NLRB, supra; NLRB v. Ritchie Mfg. Co., supra; cf. NLRB v. Monroe Auto Equipment Co., 368 F.2d 975 (8th Cir. 1966).6 See also, Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 Cooke's pro-union leaflet, distributed ......
  • Lowry v. WHITAKER CABLE CORPORATION, Civ. A. No. 18015-3.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • April 24, 1972
    ...N.L.R.B. (C.A.8) 411 F.2d 1154; N.L.R.B. v. Grand Foundries, Inc. (C.A.8) 362 F.2d 702, 710; N.L.R.B. v. Monroe Auto Equipment Co (C.A.8) 368 F.2d 975. In this respect the case also differs from that of Sexton v. Training Corporation of America (W.D.Mo.) Civil Action No. 16992-1, relied on ......
  • Mead and Mount Construction Co. v. NLRB, No. 19234.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • July 14, 1969
    ...624 (8th Cir. 1967); N. L. R. B. v. Melrose Processing Co., 351 F.2d 693, 696 (8th Cir. 1965). 8 N.L.R.B. v. Monroe Auto Equipment Co., 368 F.2d 975, 980 (8th Cir. 9 See, Sterling Aluminum Company v. N.L. R.B., 391 F.2d at 720, n. 7: "While at least one Court has stated that an inference dr......
  • Request a trial to view additional results

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