Opinion

National Labor Relations Board v. Intercontinental Mfg. Co., Inc., Bergman Manufacturing Company

  • 486 F.2d 1026
  • 84 L.R.R.M. (BNA) 2735
  • 1973 U.S. App. LEXIS 7060
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 12, 1973
Status
Published
On the bench
Wisdom, Ainsworth, Clark
Cited by
0 cases
Authority
More cited than 13.0%

The opinion

PER CURIAM:

In this case, the National Labor Relations Board, pursuant to section 10(e) of the National Labor Relations Act,

1

has applied for enforcement of its Order issued on February 7, 1973, against Intercontinental Manufacturing Company, Inc., Bergman Manufacturing Company (hereinafter “Company”). Although the record reveals conflicting evidence, we are of the opinion that the Board’s Order should be enforced.

Since 1962, employee Troy Hill had been active in the numerous unsuccessful attempts of the International Association of Machinist and Aerospace Workers, AFL-CIO (hereinafter “Union”), to organize the Company plant. On February 9, 1972, the Union won a representation election. During this last Union campaign, Hill was very active in soliciting signatures to authorization cards, talking on numerous occasions to all or almost all of the employees in the plant, serving on Union committees, and holding one or two group question-and-answer sessions. The evidence shows that these activities were well known to various management officials.

*1027

On one occasion during the course of this last campaign, Hill was summoned to a Company office and briefly questioned by his department supervisor about his Union sympathies. On February 10, 1972, the day following the Union’s victory in the representation election, Hill was told that he was being laid off, ostensibly as part of a general layoff policy of the Company. Hill’s work for the Company ceased as of February 14, 1972.

The Board affirmed the two basic findings of the Administrative Law Judge: that the Company violated section 8(a)(3) and (1) of the Act by manipulating the classifications of its layoff policy in order to eliminate Hill from its employ because of his membership and activities on behalf of the Union,

see

N.L.R.B. v. WTYJ, Inc., 5 Cir., 1959, 268 F.2d 346 ; and that the questioning of Hill in a private office by a high supervisory official of the Company was intentionally coercive and consequently in violation of section 8(a)(1) of the Act,

see

N.L.R.B. v. Varo, Inc., 5 Cir., 1970, 425 F.2d 293, 298 ; N.L.R.B. v. Cameo, Inc., 5 Cir., 340 F.2d 803 , cert, denied, 382 U.S. 926 , 86 S.Ct. 313 , 15 L.Ed.2d 339 (1965). The Board’s Order requires that the Company offer Hill immediate and full reinstatement and make him whole for any loss of pay he may have suffered as a result of the discrimination against him.

After a careful review of the evidence adduced at the hearing before the Administrative Law Judge, we are convinced that the Board’s Order is supported by substantial evidence on the record as a whole and should, therefore, be enforced in all respects.

See

N.L.R. B. v. Walton Mfg. Co., 369 U.S. 404, 405 , 82 S.Ct. 853, 854 , 7 L.Ed.2d 829 (1962); United States Rubber Co. v. N.L.R.B., 5 Cir., 1967, 384 F.2d 660, 663 .

Enforced.

1

. 29 U.S.C. § 151 et seq.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.