Satra Belarus, Inc. v. N.L.R.B., No. 77-1214
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | Before SWYGERT, CUMMINGS, and TONE; SWYGERT |
| Citation | 568 F.2d 545 |
| Docket Number | No. 77-1214 |
| Decision Date | 12 January 1978 |
| Parties | 97 L.R.R.M. (BNA) 2452, 83 Lab.Cas. P 10,316 SATRA BELARUS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
Page 545
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
Seventh Circuit.
Decided Jan. 12, 1978.
Page 546
William E. Glassner, Jr., Robert B. Corris, Milwaukee, Wis., for petitioner.
Elliott Moore, Deputy Assoc. Gen. Counsel, Patrick J. Szymanski, John D. Burgoyne, Attys., N. L. R. B., Washington, D. C., for respondent.
Before SWYGERT, CUMMINGS, and TONE, Circuit Judges.
SWYGERT, Circuit Judge.
Satra Belarus, Inc. (the Company) petitions to review and set aside an order of the National Labor Relations Board. The Board cross-petitions for enforcement of its order, 226 N.L.R.B. No. 124. The Board adopted the decision of the administrative law judge, finding that the petitioner had violated sections 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (3), by unlawfully interrogating employees as to the identity of persons handing out union authorization cards and by discriminatorily discharging two employees for union activity. We deny the Company's petition and grant the Board's petition for enforcement, with certain modifications.
In January 1975 the Company, which sells and services imported tractors, opened a warehouse and service facility in Milwaukee. Initially the Company hired only one permanent warehouseman, Ron Sheldon, and used temporary service agency employees for additional help. On June 12 Robert Brady, a university student, was hired to replace one of the temporary employees as a warehouseman. Brady originally intended to return to school in the fall, but later notified the Company that he would not be returning to school and would continue working past mid-August.
After the Company received its first large shipment of parts on June 23, Sheldon, Brady, and an agency employee spent about five weeks unpacking and stocking parts. From the end of July through mid-August, the Company obtained additional warehousemen through agencies to help handle a second large shipment; their employment was of short duration. On August 13 the Company hired William Hayes and on August 21 obtained the services of Barton Crabbe through an agency. These two, along with Sheldon and Brady, unpacked and stocked parts and performed other duties.
During the last week of August, the Company received a third large shipment of parts which was stored in a bonded warehouse. About two weeks later, after the first shipment and virtually all of the second shipment had been unpacked and placed in stock, Sheldon and Crabbe were sent to the bonded warehouse to work on the third shipment. Meanwhile, a shipment of front-end loaders and extra buckets arrived and was unloaded by Brady and three service department employees on September 20.
Page 547
On September 24 Sheldon notified the warehouse manager, Don Braun, that the 26th would be his last day of work for the Company. Also on the 24th, Brady and Crabbe passed out union authorization cards to the warehouse and service department employees. That afternoon an inventory control employee went to Braun's office, gave him one of the union cards, and told him that the cards had been passed out. Although the employee said that he had received his card from Hayes, he did not say who had passed out the cards. Later when Braun asked service department foreman Robert Klusmeyer if he knew who was circulating the cards, Klusmeyer replied he did not. Klusmeyer, in turn, asked Arnold Berger, a service employee, whether he was aware that union cards were being distributed and, if so, who was doing it. Berger refused to name anyone.
On the morning of the 25th, Braun met with the three remaining warehousemen, Hayes, Brady, and Crabbe, told them that Sheldon was leaving, that Hayes would take over as leadman, and that there was "much work to be done." He also told them that he was pleased with their work and hoped they could work together as a team. (At that time the second shipment required only a few more days of work; however, the third shipment required a great deal of unpacking and stocking. Additionally, the Company's warehouse had to be inventoried and straightened out, and the entire stock relocated.) That same morning, Braun asked Hayes who had passed out the union cards. Hayes said that Crabbe and Brady were responsible and that he thought they had received the cards the night before from a union representative. The next day, the 26th, Braun met with three company officials, showed them the union authorization card, and reported that cards had been passed out to employees two days earlier....
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N.L.R.B. v. Sure-Tan, Inc., SURE-TA
...employees causing them to refrain from assisting a union. NLRB v. Gogin, 575 F.2d 596, 600 (7th Cir. 1978); Satra Belarus, Inc. v. NLRB, 568 F.2d 545, 547-48 (7th Cir. 1978). Surak's questions about union support, followed by ethnic slurs, inquiries into the employees' immigration status, o......
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N.L.R.B. v. Rich's Precision Foundry, Inc., No. 81-1236
...Colder, 416 F.2d 750 (7th Cir. 1969), and implausible or shifting explanations for the employees' discharges, Satra Belarus, Inc. v. NLRB, 568 F.2d 545 (7th Cir. 1978). Of these factors, the last mentioned was the one most compellingly demonstrated by the evidence. No reason was given to Bi......
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Pelton Casteel, Inc. v. N.L.R.B., No. 79-2360
...and the scope of the questioning." A & R Transport, Inc. v. NLRB, 601 F.2d 311, 313 (7th Cir. 1979). See also Satra Belarus, Inc. v. NLRB, 568 F.2d 545, 547-48 & n.1 (7th Cir. As justification of its reversal of the ALJ's recommendations on this point, the Board relied on the various reason......
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N.L.R.B. v. Gold Standard Enterprises, Inc., No. 81-1699
...of the previous day's union meeting and who attended. These inquiries are classic section 8(a)(1) violations. Satra Belarus, Inc. v. NLRB, 568 F.2d 545, 547-48 (7th Cir. 1978). The fact that both employees, who had been active in the organizational effort, refused to answer the questions co......
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N.L.R.B. v. Sure-Tan, Inc., SURE-TA
...employees causing them to refrain from assisting a union. NLRB v. Gogin, 575 F.2d 596, 600 (7th Cir. 1978); Satra Belarus, Inc. v. NLRB, 568 F.2d 545, 547-48 (7th Cir. 1978). Surak's questions about union support, followed by ethnic slurs, inquiries into the employees' immigration status, o......
-
N.L.R.B. v. Rich's Precision Foundry, Inc., No. 81-1236
...Colder, 416 F.2d 750 (7th Cir. 1969), and implausible or shifting explanations for the employees' discharges, Satra Belarus, Inc. v. NLRB, 568 F.2d 545 (7th Cir. 1978). Of these factors, the last mentioned was the one most compellingly demonstrated by the evidence. No reason was given to Bi......
-
Pelton Casteel, Inc. v. N.L.R.B., No. 79-2360
...and the scope of the questioning." A & R Transport, Inc. v. NLRB, 601 F.2d 311, 313 (7th Cir. 1979). See also Satra Belarus, Inc. v. NLRB, 568 F.2d 545, 547-48 & n.1 (7th Cir. As justification of its reversal of the ALJ's recommendations on this point, the Board relied on the various reason......
-
N.L.R.B. v. Gold Standard Enterprises, Inc., No. 81-1699
...of the previous day's union meeting and who attended. These inquiries are classic section 8(a)(1) violations. Satra Belarus, Inc. v. NLRB, 568 F.2d 545, 547-48 (7th Cir. 1978). The fact that both employees, who had been active in the organizational effort, refused to answer the questions co......