NLRB v. Symons Manufacturing Co.

• Decision Date: 01 April 1964
• Docket Number: No. 14305.,14305.
• Citation: 328 F.2d 835
• Parties: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SYMONS MANUFACTURING CO., Respondent.
• Court: U.S. Court of Appeals — Seventh Circuit

328 F.2d 835 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SYMONS MANUFACTURING CO., Respondent.

No. 14305.

United States Court of Appeals Seventh Circuit.

March 4, 1964.

Rehearing Denied April 1, 1964.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Gladys Kessler, Attorney, N. L. R. B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Stephen B. Goldberg, Michael N. Sohn, Attorneys, N.L. R.B., for petitioner.

John Harrington and Albert J. Smith, Chicago, Ill., for respondent.

Before DUFFY and KNOCH, Circuit Judges, and MERCER, District Judge.

DUFFY, Circuit Judge.

National Labor Relations Board (Board) petitions for enforcement of its order issued March 18, 1963, and reported at 141 NLRB No. 48. The Board found respondent violated Section 8(a) (3) and (1) of the Act by discharging Walter Sangari because of his activities as chief union¹ steward.

Sangari was employed by respondent from May 6, 1954 to June 12, 1962, working most of that period as a welder. During that eight-year period, Sangari was never laid off nor criticized for insubordination.

In December 1961, Sangari became chief steward or chairman of the employees committee for the union. At one of the first meetings he attended as chief steward, he objected to holding a strike vote in respondent's plant. Respondent's attorney "hollered" at him "don't make small details and quit your Bolshevik aggression."

Sangari was perturbed because he felt respondent was not living up to its contract commitments. Oddo, the business representative of the union, did not raise these issues although Sangari thought he should have done so. On an occasion when Sangari sought to enlist the aid of Oddo in his disputes with the company, he was informed that Oddo was on vacation.

From January to June, 1962, Sangari and Joseph Shuppas, the plant manager, met frequently to discuss grievances and questions of contract interpretation which had been brought to Sangari's attention by employees. At times, members of Sangari's committee were present, but at other times they were not. There was testimony that the discussion at these meetings often became heated. During this period, only two grievances were filed by the union. Sangari filed both, one of which was for himself.

Sangari testified he proposed a warning system which the respondent installed. Also, when Sangari received his copy of the labor agreement, he raised the question of whether journeymen and maintenance men were improperly excluded therefrom. Plant manager Shuppas corrected the matter by a letter to all employees. Sangari raised the question of seniority with reference to employees who had been laid off. A series of discussions ensued on this subject which culminated in an addendum to the contract.

Sangari proposed that employees should not be required by their foreman to work different hours than the 8 to 4:30 shift provided in the labor agreement. Shuppas conceded the foreman should adhere strictly to the schedule. Sangari criticized the staggering of employees' lunch periods and Shuppas promised that this would not be repeated.

In May 1962, Sangari attended a meeting with Shuppas and time study men at which the differences between the union's and respondent's time studies were discussed. Sangari testified without contradiction that at this meeting, every time he said something, Shuppas responded "Would you please keep out of it." Shuppas told Sangari, on many occasions at their meetings, that if he didn't like how things were going, he could quit. At other times Shuppas said "This is our company, our property, if you are not happy, why not find yourself a job someplace else?" And, "if you don't like it, go." Shuppas called Sangari a trouble-maker.

On June 4, 1962, Shuppas asked Sangari if the employees would work on the following day from 7 a. m. to 3:30 p. m. because the company wanted its plant quiet and clean for an "open house party" scheduled for June 5 and 7. Sangari obtained the consent of the employees and so informed Shuppas. On the following day, Shuppas requested that the changed working hours be continued for the remainder of the week, and again Sangari obtained the employees' approval.

On June 6, Shuppas called Sangari into a foreman's office. The two were alone. Shuppas said he would like to send the men home at 11 o'clock in the morning of the following day, and he would give them a chance to make up the lost time on Saturday. Sangari said this would be a violation of the contract. Shuppas answered that he was going to send the workers home "if you like it or not." Later, after Shuppas and Sangari had been arguing, Sangari stated that "* * * the union is getting over $7,000 a year from this place, they don't do anything for you, they are leaning on your side. This is a sweetheart contract and you know it." Shuppas said he regarded the statement as a serious charge and suggested that Sangari call in a witness. None was called and further discussion on various matters continued for a period of ten or fifteen minutes.

On June 12, respondent called a meeting attended...