Revere Copper and Brass, Incorporated v. NLRB

• Decision Date: 31 October 1963
• Docket Number: No. 13961.,13961.
• Parties: REVERE COPPER AND BRASS, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
• Court: U.S. Court of Appeals — Seventh Circuit

324 F.2d 132 (1963)

REVERE COPPER AND BRASS, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 13961.

United States Court of Appeals Seventh Circuit.

October 31, 1963.

Henry E. Seyfarth, Walter P. Loomis, Jr., Richard L. Marcus, Chicago, Ill., Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., of counsel, for petitioner.

George Christensen, Washington, D. C., amicus curiae.

Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Solomon I. Hirsh, Gary Green, Attys., N. L. R. B., for respondent.

Before SCHNACKENBERG, KNOCH and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

This matter is before us on the petition of Revere Copper and Brass, Incorporated, (hereinafter sometimes called "Revere") filed pursuant to § 10(c) of the National Labor Relations Act, as amended, Title 29 U.S.C.A. § 151 et seq., to review an order issued by respondent, the National Labor Relations Board, on October 4, 1962, and on the Board's cross-petition for enforcement of that order.

On motion of its counsel, the International Association of Machinists (hereinafter sometimes called the "Union") was allowed to intervene in the proceedings before this Court and to file its brief as amicus curiae.

The Board found that Revere

"* * * by its interviews and interrogation of employees, interfered with, restrained, and coerced employees in violation of Section 8(a) (1) of the Act, and also aided, assisted, and contributed support to the Union by coercing employees into joining the Union in violation of Section 8(a) (2) of the Act. Revere Copper and Brass, Inc. and Reuben H. Monkman and Dewitt Lodge No. 852, International Association of Machinists, Party in Interest. Case No. 13-CA-4613, October 4, 1962, 138 NLRB No. 140, pp. 1377 & 1378"

The Board also adopted the conclusions of the Trial Examiner that:

"4. By discriminating in regard to the hire and tenure of employment of Reuben Monkman, Respondent Revere engaged in unfair labor practices within the meaning of Section 8(a) (3) and (1) of the Act.

"5. By interrogating its employees, as found herein, and by discriminating against Reuben Monkman, Respondent Revere rendered unlawful assistance and support to a labor organization, and engaged in an unfair labor practice within the meaning of Section 8(a) (2) of the Act.

"6. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. Ibid. p. 1392"

The Board ordered Revere to reimburse 27 employees (with interest) for initiation fees and dues which Revere had deducted from their wages and remitted to the Union, to reinstate Reuben H. Monkman, the charging party, who had been discharged, and to pay him (with interest) for lost wages.

The Union was not found to be guilty of any unfair labor practices and was not held jointly liable with Revere for the reimbursement order.

The incidents giving rise to these proceedings occurred during the course of collective bargaining between Revere and the Union with respect to Revere's factory at Clinton, Illinois. A prior agreement which expired November 18, 1961, had contained a clause under which all prospective new employees were to join the Union, and all present employee-members were to maintain their membership as a condition of employment unless the latter took advantage of a two-week "escape period" during which they might resign from the Union. Non-members currently in Revere's employ were not required to join.

The parties agree that during the contract negotiations which began in November, 1961, the Union sought provisions requiring all employees to join the Union after thirty days.

Revere operates 19 plants. It has an established policy of not granting a union shop contract at any plant. The Union threatened to strike over this issue at the Clinton plant.

In the course of these negotiations, it was suggested to Revere that 100% membership of the 400-employee unit at the Clinton plant would eliminate the need for a full union security provision in the contract. Revere officials were given the names of their 28 non-member employees at Clinton. Although no promise of cooperation with the Union was made, the Revere officials met separately and, as Gerald H. Bush, Superintendent of the Tool Plant, testified:

"It was decided we should talk to the men and make them fully aware if there was a strike, what the circumstances would be, and to give them the opportunity of averting the strike if possible."

Harold J. Schindler, the Works Manager, testified to false rumors of Revere's opposition to the Union. He stated:

"We had heard that the foreman had made remarks about not joining the union. We wanted to get that clear. There were other remarks made and rumors if they did join the union, it might jeopardize their job with Revere. And that story had gotten around Revere. So, I cleared the three points when I talked to each and everyone."

There is substantial evidence to support the findings that various Revere officials interviewed about 18 of the non-Union-member employees, usually alone, in the officials' offices. Each employee was questioned about his attitude toward Union membership, and told that his continued resistance would result in a strike. Several were told that such a strike would probably be successful and that all employees would then have to join the Union.

The first, if not the only, employee to state firmly that he refused to join the Union even if such refusal did result in a strike was Reuben Monkman, the charging party in the proceedings before the Board. He had been employed by Revere for more than seven years. He had once been not only a member but a departmental steward and "conductor" of the Union.

Several days later in conversation with Robert Karr, the Union's Shop Chairman, Mr. Monkman again refused to join. When Mr. Karr said that Mr. Monkman would then have to see Works Manager Schindler, Mr. Monkman said that he would neither join the Union nor see Mr. Schindler about it. When Edward Keenan, Revere's Assistant Works Manager, told Mr. Monkman that Mr. Schindler wanted to talk to him, Mr. Monkman replied that he had told both Union and company officials he refused to join the Union, that he would not discuss Union business further with Mr. Schindler. When told that the summons to Mr. Schindler's office was an order, Mr. Monkman answered that he would file an unfair labor charge if he were subjected to any further efforts to recruit his membership against his will. He was further informed by an assistant foreman that Mr. Keenan said to tell him that the Works Manager wanted to talk to him. When Mr. Monkman again refused to go to Mr. Schindler's office, a suspension notice was handed to him. The assistant foreman admitted that Mr. Monkman's threat (to file charges, if forced to discuss the Union) was transmitted to Mr. Schindler. On December 1, 1961, Mr. Monkman received a letter discharging him.

There was conflict in the testimony of Mr. Monkman and Mr. Keenan as to the exact terms of the conversation between them. The Trial Examiner credited Mr. Monkman's account which he found to be direct, detailed and precise. He found Mr. Keenan's demeanor on the stand to be "vague and embarrassed."

While Mr. Monkman assumed that he was summoned to the office to discuss Union membership, he testified that he did not in fact "know" why he was summoned, though he had reason to believe further discussion of the Union was contemplated. Revere asserts that it was his duty to obey a lawful order to see the Works Manager without conjecture as to its purpose and that he was properly discharged for insubordination. Mr. Schindler testified that in fact he wished to interrogate Mr. Monkman about misstatements allegedly circulated by him to the effect that the Union and Revere were "making deals." It is undisputed that none of the three persons who told Mr. Monkman to go to Mr. Schindler's office told Mr. Monkman anything about alleged misstatements, or even commented on Mr. Monkman's own statements that he refused to discuss the Union further with Mr. Schindler. The Trial Examiner...