NLRB v. Pioneer Plastics Corporation

• Decision Date: 23 June 1967
• Docket Number: No. 6860.,6860.
• Citation: 379 F.2d 301
• Parties: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PIONEER PLASTICS CORPORATION, Respondent.
• Court: U.S. Court of Appeals — First Circuit

379 F.2d 301 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PIONEER PLASTICS CORPORATION, Respondent.

No. 6860.

United States Court of Appeals First Circuit.

Heard June 6, 1967.

Decided June 23, 1967.

Warren M. Davison, Atty., N.L.R.B., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Stanley Lubin, Atty., N.L.R.B., were on brief, for petitioner.

Louis Chandler, Boston, Mass., with whom Alan S. Miller and Stoneman & Chandler, Boston, Mass., were on brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

In this case the National Labor Relations Board petitions us to enforce its order issued against the respondent employer, Pioneer Plastics Corporation. The order is based upon the Board's findings that during a union organizing campaign at its plant in Auburn, Maine, Pioneer engaged in certain antiunion activities proscribed by Section 8(a) (1) of the Act; also, that it discharged two employees because of their union activities and refused to reinstate two others — in violation of Section 8(a) (3) and (1) of the Act. Our only function here is to determine whether, on the record as a whole, there is substantial evidence to support these findings. N.L.R.B. v. Gass, 377 F.2d 438 (1st Cir. 1967). If so, the Board's order must be enforced.

The facts are not complicated and insofar as is practical we shall recite them in chronological order. Pioneer, a manufacturer of plastic laminates and related products, operates a manufacturing plant in Sanford, Maine. Its employees are represented by the Leather Workers International Union, AFL-CIO. In the spring of 1965 Pioneer opened a new plant in Auburn, Maine. Quite understandably, the union was anxious to become the collective bargaining agent for the employees at this plant and on August 4, 1965, one Quadros, the union representative, went to the vicinity of the Auburn plant for the purpose of actively starting the organizing campaign.¹

On August 9, at a meeting in Boston, the Leather Workers Union requested recognition on the basis of a card check — but respondent's president, one Aron, took the position that the company was not yet ready for a union in the Auburn plant. Quadros made it clear, however, that the union intended to continue with its organizing campaign at the Auburn plant. A week later (August 16) when Quadros was parked outside the company plant, Aron sent out the personnel director, one Trembly, to see what he was passing out that day. Later the same day Aron himself appeared on the scene. He and Quadros then went to a nearby restaurant and in the course of their conversation Aron suggested a deal under which the union organizing drive then in progress at Auburn would be discontinued. Not only did Quadros reject this proposed deal, but thereafter he stepped up the union's organizing efforts. On August 18, Quadros again went to the plant and while there arranged a union meeting to be held at a nearby gas station on the afternoon of August 23. Some fifteen employees attended this meeting, including Elsie Boston and Rebecca Gould. When a policeman broke up the meeting the group adjourned to Mrs. Boston's home where Karen Blaisdell and Barbara LeBel joined the meeting. We note that it was at this meeting that Quadros first met these four women employees whose activities, as we shall see, figure so prominently in this case. Two days later (August 25), Boston and Gould were discharged and when they left the plant Blaisdell and LeBel also left with them. On the next day Boston and Gould, together with Quadros and some other employees were stationed outside the plant for about two hours distributing union literature and soliciting employees to sign union authorization cards. During most of this time a company supervisor watched their activities. In fact, at one point the president of the company drove up and made a disparaging remark to Quadros. Soon after he left, a police officer arrived and stayed until the group left. The policeman stated that he was there because there was a complaint they were "tying up traffic." On two other occasions in early September Trembly parked close by and watched a group of employees who were meeting with Quadros near the plant and passing out union literature.

Also, during this period the Teamsters Union² was actively engaged in organizing respondent's truck drivers and mechanics at the Auburn plant.³ The traffic manager for the trucking division, one Libby, was a former member of the Teamsters Union. In late August when an official of this union remarked to Libby that it ought to be an easy job for the Teamsters to sign up the drivers, he replied in no uncertain terms that it was his job to keep the Teamsters Union out.

In October the Teamsters Union wrote to these employees urging them to join the union and inviting them to a union meeting on October 23rd. Hearing rumors of union activities, Libby called in a number of employees on the day of the scheduled union meeting and discussed this organizing effort individually with each one of them. The general manager of the company was also present at some of these discussions. Both of these officials made antiunion statements to the employees and Libby, in particular, made it crystal clear to them that his job was to keep this union out. He also outlined some drastic changes that were about to take place in trucking operations at the plant because of the union activities.⁴ In October when one of the drivers asked Libby's assistant if he could have a Sunday run, he informed him that he couldn't promise anything because of the union's campaign.

We think this evidence amply supports the Board's findings (1) that respondent engaged in surveillance of the union activities of its employees at the Auburn plant; (2) that it coercively questioned the employees in the trucking division regarding their union membership and activities and also threatened reprisals and promised benefits to influence these employees not to join the Teamsters Union — all in violation of Section 8(a) (1) of the Act.⁵

We return now to the discharge of employees Boston and Gould and also the company's refusal to reinstate Blaisdell and LeBel. Boston and Gould worked in the buildup room of the plant where most of the union activity centered. Both had been repeatedly complimented by their immediate superiors for their good work. Boston was rapidly promoted and at the time of her discharge was the "lead girl".⁶ At that time, some thirty girls worked in this room. Gould also went up the ladder fast and soon became a "ticket girl". At the request of these two employees four girls came from the Sanford plant on or about August 2 for the purpose of instructing the employees in the buildup room. A few days later Boston asked them how much pay they were getting in Sanford but received no reply. Thereupon, she asked the assistant plant manager and two supervisors for the name of the union at Sanford and was rebuffed by all three of them. Boston and Gould then began talking to their fellow employees about a wage increase and of the need for a union at the plant. Frequently two of their immediate supervisors were close by when these talks took place.⁷ Soon thereafter (Friday, August 13), Trembly called both employees to his office and told them that their work was unsatisfactory, that they were "instigators",⁸ and suspended them pending decision as to whether they would be discharged altogether. On the following Monday morning, Blaisdell and LeBel got together a protest group to talk to Trembly on behalf of Boston and Gould. That afternoon both were reinstated without loss of pay but were warned to keep their words to themselves. The very next morning their immediate supervisor again praised their work to date but cautioned them to be careful because the company was going to watch them. Despite these warnings, Boston continued to stress the need for a union with her fellow employees.

A few days later Boston was informed of the August 23 union meeting above mentioned, told Gould about it and each of them asked her supervisor for permission to leave early on that day.⁹ At this meeting both of them signed union cards and it was agreed that another union meeting would be held at Mrs. Boston's home.¹⁰ Two days after this meeting (August 25), Trembly called Boston and Gould to his office and discharged them. He gave as his reasons — unsatisfactory work and lying about where they were going when they asked permission to leave early on the 23rd. He gave no indication, however, that he knew the real reason.¹¹

Blaisdell and LeBel also worked in the buildup room. They, too, had the reputation among their supervisors of being good workers. Boston had notified them of the August 23rd meeting which they attended after work and at which they also signed union authorization cards. On August 25 when Boston came from Trembly's office and told these girls that she had just been fired, both of them immediately took off their smocks and without saying anything, put them on the foreman's desk. When asked by some of the other girls why they had done this, they said they were leaving because "Boston had been fired for speaking about union (sic) in the plant." Also, they discussed a possible walkout with some of the male employees as a protest against Boston's discharge. After Gould was fired she joined the other three. A few minutes later a company supervisor told all four of them to get their checks and leave the plant.¹² The next day Blaisdell and LeBel tried without success to see Trembly who, incidentally, later the same day saw Blaisdell distributing union literature outside the plant. The following day they returned to the plant, met with Trembly, apologized to him for walking out with Boston and Gould; said they did it because they were "mad" and asked about getting their jobs back.¹...