Piasecki Aircraft Corporation v. NLRB
| Decision Date | 20 June 1960 |
| Docket Number | No. 12912,12995.,12912 |
| Citation | 280 F.2d 575 |
| Parties | PIASECKI AIRCRAFT CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, (UAW-AFL-CIO) and its Local 840, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Court | U.S. Court of Appeals — Third Circuit |
Francis E. Marshall, Philadelphia, Pa. (James J. Davis, Davis, Marshall & Crumlish, Philadelphia, Pa., on the brief), for petitioner Piasecki Aircraft Corp.
Lowell Goerlich, Washington, D. C. (Ernest S. Wilson, Jr., Wilmington, Del., on the brief), for petitioners UAW-AFL-CIO and its Local 840.
Allison W. Brown Jr., Washington, D. C. (Stuart Rothman, Gen. Counsel, Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Fannie M. Boyls, Atty., N.L.R.B., Washington, D. C., on the brief), for respondent N.L.R.B.
Before GOODRICH, HASTIE and FORMAN, Circuit Judges.
As Amended on Denial of Rehearing in No. 12912, August 26, 1960.
In case No. 12,912, Piasecki Aircraft Corporation (Piasecki) has petitioned for review of, and to have set aside, an order of the National Labor Relations Board (Board) issued against it on March 25, 1959, following proceedings under Section 10 of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq.1
In case No. 12,995, International Union, United Automobile Aircraft and Agricultural Implement Workers of America, UAW-AFL-CIO and its Local 840 (Union) seek review of the same order.
The Board requests enforcement. The cases have been consolidated.
This court has jurisdiction of the proceedings under Section 10(e) and (f).
The controversy arises out of the purchase by Piasecki of the plant and certain effects of the Bellanca Aircraft Corporation (Bellanca) located at New Castle, Delaware. The agreement between the parties was executed October 24, 1956, and provided for the sale by Bellanca to Piasecki of its tract of land at New Castle of about 300 acres and all the buildings situate thereon together with all of the machinery, equipment and other property located on said tract.
Following Board conducted elections in December of 1941 and May of 1942, the Union and Bellanca maintained collective bargaining relations. Two units had been established, one was comprised of production and maintenance employees, the other of office and clerical employees. The most recent contract was signed on June 1, 1955 and among others contained the following pertinent provisions:
The transfer, pursuant to the agreement of sale, took place on November 23, 1956.
Bellanca had employed approximately 140 maintenance and production workers and seven clerical employees. The employment of all, except for four in the clerical unit and one in the maintenance unit, came to an end on November 23, 1956. These five were hired by Piasecki on November 25, 1956.
On June 12, 1957, the General Counsel of the Board, on its behalf, issued a complaint against Piasecki in which it alleged inter alia, the following:
Piasecki denied these charges. The trial examiner, however, found that Piasecki had violated Section 8(a)(3) by pursuing hiring practices which discriminated against union members, thereby discouraging membership in the union; that it had violated Section 8(a) (1) by interfering with, restraining and coercing applicants for employment in the exercise of rights granted in Section 7; and that such unfair labor practices affected commerce within the meaning of Section 2, subsections (6) and (7). He also found that Piasecki did not violate Section 8(a)(5) because it was not a successor to Bellanca in the sense that the Union represented a majority of the employees on Piasecki's payroll on and after November 26, 1956 and recommended that that charge be dismissed.
As a remedy he recommended that Piasecki, its officers, agents and assignees shall:
Implementing action also recommended to be taken was to preserve and, upon request, make available to the Board or its agents, all records necessary to analyze the amounts of back pay due, and to post at its plant in New Castle, Delaware, notice of the recommendations.
Thereafter, Piasecki, the General Counsel, and the Union filed exceptions to the Trial Examiner's Report.
On March 25, 1959, the Board filed its decision. It adopted the findings, conclusions and recommendations of the Trial Examiner with one modification which will be discussed later.
An order was entered by the Board on March 25, 1959 implementing its decision and remedy.
Piasecki's Petition for Review of and to Have the Board's Order Set Aside.
Piasecki argues that the findings and conclusions of the Trial Examiner, adopted by the Board, are not supported by substantial evidence on the record as a whole.
On October 30, 1956, Piasecki wrote to all Bellanca employees inviting them to apply for work, enclosing job application forms.
Among the questions posed in the application blank were:
Between November 2 and November 16, 1956, Piasecki received 75 responses to its communications, or from about 50% of the Bellanca employees.
Meanwhile on November 1, 1956, Harry E. Blythe, Executive Vice President of Bellanca, wrote a letter to each of its employees advising them of the sale of the plant.
On the same date he also wrote to B. W. Bothe,2 Assistant Regional Director of the Union, as follows:
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