Ford Radio & Mica Corp.

National Labor Relations Board - Board Decisions

Nov 7, 1958

122 N.L.R.B. 34 (N.L.R.B. 1958)

34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Moore Drydock is controlling . 14 All conditions for lawful ambulatory picket-
ing established in that case having been met, no inference of an unlawful object
may reasonably rest on the facts of this case.
Further, assuming this to be a Washington Coca-Cola situation , it is arguable
whether the ambulatory picketing here engaged in constituted inducement of
employees of customers of McDonald , Murray, and Coast to engage in a strike
or concerted activities of any character whatever . So far as this record shows,
the ambulatory pickets never came within sight of customer employees ; there was
no occasion for customer employees to cross the picket line or to come into con-
tact with it; and there would be no occasion for the Union to appeal to them to
strike or engage in concerted activities , for the Union's object was accomplished
when it stopped the unloading of the struck beer by employees of the common
carriers attempting its distribution . Under such circumstances it might be ques-
tioned whether there was a reasonable presumption of inducement and encourage-
ment of customer employers , or, assuming the presumption , whether it was not
overthrown by the whole congeries of circumstances attending the picketing,15
but I do not of course venture to answer such questions in the affirmative because
of the Board's declaration in the Ready Mixed Concrete Company case (116
NLRB 461, 462 ) that ambulatory picketing at the premises of a secondary employer,
where there is adequate opportunity for picketing the primary employer, is per
se unlawful , and, because , on the facts of this case as I view them, the question
of inducement is not reached.
[Recommendations omitted from publication.]
1; Moore Drydock Company, 92 NLRB 547.
15 Campbell Coal Company , 110 NLRB 2192 , enf. denied 229 F . 2d 514 (C.A., D.C.),
Board 's petition for cert. denied 351 U.S. 972. Otis Hassey Co., 109 NLRB 61, enf.
denied 225 F. 2d 205 ( C.A. 5), Board 's petition for cert. denied , 350 U . S. 914.
Ford Radio & Mica Corporation and International Union,
United Automobile, Aircraft & Agricultural Implement
Workers of America (UAW-AFL-CIO), Local 365. Case No.
O-CA-3686. November 7, 1958
SUPPLEMENTAL DECISION AND AMENDED ORDER
On April 19, 1956, the National Labor Relations Board issued a
Decision and Order in this case,' in which it found that the Respondent
had engaged in and was engaging in certain unfair labor practices
affecting commerce, and ordered the Respondent to cease and desist
therefrom and to take certain affirmative remedial action. The Board
found, in substance, that the Respondent had threatened loss of em-
ployment or other reprisals against its employees because of their
union activities, promulgated and enforced a rule prohibiting solici-
tation for the purpose of interfering with the concerted activities of
its employees, and interrogated its employees regarding union activi-
ties, in violation of Section 8(a) (1) of the Act, and discriminatorily
discharged 34 employees who were engaging in an economic strike,
in violation of Section 8(a) (3) and (1) of the Act.
The Board thereafter petitioned the United States Court of Appeals
for the Second Circuit for enforcement of its Order against the
Respondent. On August 12, 1958, the court handed down an opinion
1115 NLRB 1046.
122 NLRB No. 9.
FORD RADIO & MICA CORPORATION 35
in which it concurred in the Board's findings that the Respondent had
engaged in conduct violative of Section 8(a) (1) of the Act, but found
that the Respondent did not violate the Act by its discharge of the
strikers or by any of its statements and activities relative to the strike.
The court therefore denied enforcement of the Board's Order requir-
ing reinstatement and back-pay for the striking employees, vacated
the cease-and-desist provisions of the Order, and remanded to the
Board this portion of its Order for reconsideration in accordance with
the court's opinion.
On the basis of the court's opinion and remand, we hereby modify
our Order herein as follows :
AMENDED ORDER
Upon the entire record in this case, and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent, Ford Radio &
Mica Corporation, Brooklyn, New York, its officers, agents, successors,
and assigns, shall :
1. Cease and desist from :
(a) Threatening loss of employment or other reprisals against its
employees because of their membership in or assistance to Interna-
tional Union, United Automobile, Aircraft & Agricultural Implement
Workers of America (UAW-AFL-CIO), Local 365, or any other
labor organization.
(b) Promulgating or enforcing any rule prohibiting solicitation,
for the purpose of impeding or interfering with the concerted activi-
ties of its employees.
(c) Interrogating its employees regarding their union activities,
affiliations, or sympathies, or those of their fellow employees, on how
they intend to vote in a Board-conducted election, in a manner viola-
tive-of Section 8 (a) (1) of the Act.
(d) In any like or related manner interfering with, restraining, or
coercing its employees in the exercise of the rights guaranteed them
in Section 7 of the Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Post at its plant at Brooklyn, New York, copies of the notice
attached hereto marked "Appendix A." 2 Copies of said notice, to be
furnished by the Regional Director for the Second Region, shall, after
being duly signed by the Respondent's representative, be posted by the
21n the event that this Order is enforced by a decree of a United States Court of
Appeals, there shall be substituted for the words "Pursuant to a Decision and Order" the
words "Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order."
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Respondent immediately upon receipt thereof and maintained by it for
a period of sixty (60) consecutive days thereafter in conspicuous
places, including all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Respondent to insure
that said notices are not altered, defaced, or covered by any other
material.
(b) Notify the Regional Director for the Second Region, in writing,
within ten (10) days from the date of this Order, what steps the
Respondent has taken to comply herewith.
IT IS FURTHER ORDERED that the complaint be, and it hereby is, dis-
missed insofar as it alleges that the Respondent violated the Act by
granting wage increases to its employees in order to discourage mem-
bership in the Union, by discharging Joseph Zukowsky or the strikers,
and by statements and activities in connection with the strike.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board , and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that :
WE WILL NOT threaten loss of employment or other reprisals
against our employees because of their membership in or assist-
ance to International Union, United Automobile , Aircraft &
Agricultural Implement Workers of America (UAW-AFL-
CIO), Local 365, or any other labor organization.
WE WILL NOT promulgate or enforce any rule prohibiting
solicitation , for the purpose of impeding or interfering with the
concerted activities of our employees.
WE WILL NOT interrogate our employees regarding their union
activities , affiliations , or sympathies , or those of their fellow em-
ployees, or how they intend to vote in a Board -conducted election,
in a manner violative of Section 8(a) (1) of the National Labor
Relations Act.
WE WILL NOT in any like or related manner interfere with,
restrain , or coerce our employees in the exercise of the rights
guaranteed them in Section 7 of the National Labor Relations Act.
FORD RADIO & MICA CORPORATION,
Employer.
Dated------ ---------- By-------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.