NLRB v. Satilla Rural Electric Membership Corp., 20118.
| Decision Date | 26 July 1963 |
| Docket Number | No. 20118.,20118. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SATILLA RURAL ELECTRIC MEMBERSHIP CORPORATION, Respondent. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Stuart Broad, Atty., Stuart Rothman, Gen. Counsel, Melvin Pollack, Atty., N.L.R.B., Washington D. C., for petitioner.
E. Kontz, Bennett, Waycross, Ga., Bennett, Pedrick & Bennett, Waycross, Ga., of counsel, for respondent.
Before TUTTLE, Chief Judge, JONES, Circuit Judge, and DeVANE, District Judge.
This is a petition by the Board for enforcement of an order issued against respondent, Satilla Rural Electric Membership Corporation, requiring it to bargain in good faith with the Union which had been duly certified as the bargaining agent of the Company. The basic facts are not in disagreement.
On February 24, 1961, following an election, the Board certified the Union as the bargaining agent of the Company's electricians, linemen and other hourly paid employees. On March 25, 1961, negotiators for the Company and the Union discussed a proposed contract submitted by the Union, and, on May 5, the parties discussed a proposed contract submitted by the Company. On June 16, 1961, a third meeting was held, at which the Company tendered a complete contract proposal for the Union's acceptance. On July 1st, under the existing labor policy, or "plan" of employment, the employees were entitled to a "scheduled semiannual raise." This raise was not put into effect on the ground, as stated by the respondent, that the negotiation proceedings were pending. Other employees not represented by the negotiators of the Union did receive their regular July 1st semiannual raise. On August 1st an additional discussion was held, but no agreement was reached. At this time there was a substantial difference between the parties on the wage scale and seniority provisions. In the meantime, although the Federal conciliator and the negotiator for the Union stated that it would not be a violation of the Act for the Company to continue the regularly scheduled wage increases, the Company did not put these into effect until September, 1961, after the Company had declared an impasse. At a final meeting on August 21st, a Company attorney advised the Union negotiator that the Company's Board of Directors had rejected the August 1st proposal, and he then produced a document signed by a majority of the employees in the bargaining unit, which recited that these employees were not union members, that they were satisfied with the Company's wage and hour policy, and that the Union has been "a damage to our personal welfare insofar as wages and working conditions are concerned." The Company's representative commented that the Union was in a weak position to continue negotiations as the employees' bargaining representative, but said he would submit any...
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