31 N.L.R.B. 359 (N.L.R.B. 1941)

Ford Motor Co.

National Labor Relations Board - Board DecisionsApr 25, 1941

31 N.L.R.B. 359 (N.L.R.B. 1941)

In the Matter of FORD MOTOR Coi\IPANY, A CORPORATION, and UNITED AUTOMOBILE WORKERS OF A MERICA, LOCAL No. 560, C. I. O. In the Matter of FORD MOTOR COMPANY, A CORPORATION , and UNITED AUTOMOBILE - W,ORIuRS OF AMERICA, LOCAL No. 560, C. I. O. Cases Nos. C-950 and I1-938 SUPPLEMENTAL DECISION AND ORDER April 05, 1941 On February 19, 1941, the Board issued a Decision and Order in the above; entitled case., On March 24, 1941, the respondent filed with the Board a petition for a rehearing, for leave to adduce additional evidence and for modi- fication of the Board's Order. The petition alleged in substance that : (1) since the close of the hearing respondent had offered reemploy- ment to many of the persons found to have been discriminated against; its offers met with various dispositions; the persons who accepted them had divers employment histories; 2 these facts rendered inappro- priate the portions of the Board's order directing reinstatement and the payment of back pay pursuant to a lump-sum formula; (2) the offers of reemployment were made at times when there was a substan- tial increase in the number of those employed at the plant; those' of the above-mentioned employees who were rehired and thereafter laid off, as shown by their employment histories, were laid off at times when there was a substantial decrease in the number of those'employed at the plant; 3 proof of the foregoing would tend to establish that the failure to recall any employee after the shut-down in 1937 was not occasioned by any desire to discriminate because of membership in the U. A. W.; (3) the theory and the facts upon which the Board based its findings of discrimination were never put in issue in this proceed- 129 N L R B 873 ' Exhibit A attached to the petition purported to show the specific proof which would support the foregoing allegations. 3 The remaining exhibit attached to the petition purported to show the highest and low- est number of employees employed at respondent 's Richmond plant during each month from September 1937 through February 1941. 31 N. L. R. B., No 56. 359 360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing and were never litigated; respondent was consequently never fairly advised of what the Board proposed. The petition prayed that the Board's Decision and Order be set aside and that: (1) the record be reopened to take additional evidence as to the alleged facts set forth in the two attached exhibits and related matters; (2) a rehear- ing be granted in order that additional evidence might be taken and reargument might be had upon the issue of whether respondent dis- criminated against any U. A. W. member; and (3) the Board's find- ingsand order herein be accordingly modified. Since the first two of the above-mentioned grounds for the petition and the offers of proof in support thereof relate merely to compliance 4 and have no significant bearing upon the issue of discrimination,5 they do not, in our opinion, require the reopening of the record or any modification of our Order. We have carefully considered and reexamined the record in con- nection with the respondent's remaining allegation that it had insuffi- cient opportunity to meet the evidence upon which the Board found discrimination. The record reveals and we find that there is no variance between the pleadings or the proof adduced at the hearing and our Decision and Order, and'that the respondent was not-misled concerning the issue of discrimination or the evidence relevant to that issue. We find that the respondent had full opportunity to meet the evidence upon which the Board found discrimination.R We shall, therefore, deny the petition of the respondent. ORDER IT IS HEREBY ORDERED that the Petition of Respondent, Ford Motor Company, for a rehearing, leave to adduce additional evidence _ and for modification of the Board's Order be, and it hereby is, denied: 4 National Labor Relations Board v. Pennsylvania Greyhound Lines , Inc, 303 U. S 261, 271 ; National Labor Relations Board v. Acme Air Appliance Co , 117 F (2d) 417 (C. C. A. 2) ; National Labor Relations Board v. Boss Manufacturing Co., 107 F ( 2d) 574 (C. C A 7) c National Labor Relations Board v Vincennes Steel Corp , 117 F (2d) 169 (C. C A 7). Montgomery Ward d Co , Inc v. National Labor Relations Board , 107 F (2d) 555 (C. C. A. 7), mod. and enf 'g Matter of Montgomery Ward & Co. and Reuben Litzenberger, et al., 9 N. L R . B. 538; Stewart Die Casting Corp Y. National Labor Relations Board, 114 F. (2d) 849, 856-857 (C C. A. 7), cert. den. 312 U. S. 380; hatter of V. S. Truck Company, Incorporated and International Union, United Automobile Workers of America, Local 174, 12 N. L. R . B. 828.