Ford Motor Co.

National Labor Relations Board - Board Decisions

Feb 22, 1943

47 N.L.R.B. 854 (N.L.R.B. 1943)

In the Matter of FORD MOTOR COMPANY,, A CORPORATION and INTER-
NATIONAL UNION, UNITED AuT0i1IOBILE WORKERS OF AMERICA
Case No. C-1054.-Decided Febrary 02, 1943
Practice and, Procedure : complaint dismissed
DECISION.
AND
ORDER
In November 7, 1938, the, Trial Examiner issued his Intermediate
Report in the above-entitled, proceeding, finding that the respondent
had engaged in and was engaging in certain unfair labor practices and
recommending that it cease and, desist therefrom and that it take cer-
tain affirmative action. Thereafter, the respondent and the U. A. W. A.
filed exceptions to the Intermediate Report and briefs in support of the
exceptions. The•Board has considered the rulings made by the Trial
Examiner at the hearing and hereby affirms them except insofar as they,
are inconsistent with ,this Decision and Order.
Pursuant to notice, a hearing was held before the Board at Washing-
ton, D. C., on March 9, 1939, for the purpose' of oral argument. The
respondent and the U. A. W. A. were represented by counsel and par-
ticipated in the hearing.,
On March 29, 1939, •the .respondent filed a "Motion, for Leave to,
Except and Argue," which is hereby denied.- Thereafter, the respond
ent and the U. A. W. A. entered into negotiations for the settlement of
the then pending proceedings against the respondent under the Act
which had previously been initiated by charges filed by the U. A. W. A.
As a result of these negotiations, the respondent and the U. A. W. A.
on June 20, 1941, entered into a settlement agreement which was then
approved by the Board., This agreement did not explicitly apply to
the present proceeding.
Thereafter, pursuant to notice and at the request of the U. A. W. A.,
a further hearing was held before the Board at Washington, D. C., on
November 19, 1942, for the purpose of oral argumelt. The respondent,
and the U. A. W. A. were represented by counsel and participated in
the hearing. On the same day, the respondent filed with the Board a
motion to dismiss-the complaint herein. On November 23, 1942, the
47 N. L R B., No. 104.
854
FORD MOTOR COMPANY 855
U. A. W. A. filed a "Statement in Opposition to Respondent's Motion to
Dismiss." For the reasons set forth below, the respondent's motion to
dismiss is hereby granted.
The Board has considered the Intermediate Report, the exceptions
and briefs filed-by the respondent and-the U. A. W. A.,,and the entire
record in the case, and hereby adopts the findings, conclusions, and
recommendations of the Trial Examiner, except as noted below.
The Trial' Examiner found"that the respondent' interfered with,
restrained, and coerced the employees at its Chicago plant in the exer-
cise'^of the rights guaranteed in Section 7 of the Act by publishing and
distribi'iting to the employees certain anti-union printed material:
The distribution of this material took place in the spring and summer,
of 1937, almost 6 years ago. Thereafter, in June 1941, the respondent
recognized the U.'A. W. A. as the.collective bargaining representative
of substantially all the employees of the respondent and-entered into a
collective contract with the U. A. W. A., In November 1942, the
respondent,and the U. A. W. A. entered into a new collective contract
which is now in effect, and the U. A. W. A. is still the recognized bar-
gaining agent for the respondent's employees. The record, as the Trial
Examiner found, does not establish the other unfair labor practices
alleged in the complaint. Under the circumstances of this case, the
respondent's distribution of the printed material in question does not
warrant a finding of interference, restraint, and coercion, within the
meaning of Section 8 (1) of the Act. The Trial Examiner's finding
to the contrary-is hereby reversed. • . .
The Trial Examiner further found that the record did not sustain
the other allegations in the complaint of interference, restraint, and
coercion by the respondent and of discrimination by. the respondent in
discharging and laying off -certain employees at the Chicago plant.-
These findings of the Trial Examiner were based in substantial part
on conflicting testimony contained in a record made ahn'st 5 years
ago. ' Our review of the record at this time reveals no reason for re-
versing the Trial Examiner's resolution of these conflicts in testimony
or the findings based thereon. We shall therefore dismiss the com-
plaint,herein:
ORDER
Upon the entire record in the case, and pursuant fo Section-10 (c)
of the National Labor Relations Act, the National- Labor Relations
Board hereby orders that the complaint against the respondent, Ford
Motor Company, Dearborn, Michigan, be, and it hereby is, dismissed.