The Barrett Company And International Brotheriiood Of Firemen And Olers, Local # 8, 1327 (1942)

Extract

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The Barrett Company And International Brotheriiood Of Firemen And Olers, Local # 8, 1327 (1942)

In the Matter of THE BARRETT COMPANY and INTERNATIONAL BROTHERIIOOD OF FIREMEN AND OLERs, LOCAL # 8 Case No. C-2053.-Decided June 26, 1942 Jurisdiction: coal tar products industry.

Unfair Labor Practices Interference, Restraint, and Coercion: interrogation of employees concerning union membership and activities; statements to employees discrediting union;

threat to discontinue plant operations if employees engaged in strike action.

Discrimination: dicharges for refusal to abandon strike.

Collective Bargaining: majority established by membership in union-refusal to bargain in good faith by: rejecting union proposals; unilaterally granting a wage increase, which was the subject of negotiations then pending with the union, and refusing to give the union credit therefor; refusing to enter into signed contract-strike caused by employer's unfair labor practices and refusal to sign contract with union.

Remedial Orders: order to bargain collectively; employees discriminated against ordered reinstated with back pay from date of discrimination.

Definitions: employees who engaged in strike caused by employer's unfair labor practices held to have retained their status as employees.

Mr. I. S. Dorfmnan, for the Board.

Mr. Clarence W. Heyl, of Peoria, Ill., for the respondent.

Mr. Eugene R. Thorrens, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon a, second amended charge duly filed on October 2, 1941, by International Brotherhood of Firemen and Oilers, Local #8, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Thirteenth Region (Chicago, Illinois), issued its complaint dated October 2, 1941, against The Barrett Company, Peoria, Illinois, herein called the respondent, alleging that the respondent had engaged in and was engaging in SThe original charge was filed on March 21, 1939; an amended charge was filed on May 6, 1939.

unfair labor practices affecting commerce, within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.

Copies of the complaint and notice of hearing thereon were duly served upon the respondent and the Union.

With respect to the unfair labor practices, the complaint alleged in substance: (1) that from July 1, 1937, to the date of the complaint, the respondent interrogated its employees with respect to their union membership and activities, suggested, advised, urged, and threatened its employees to refrain from joining or retaining membership in the Union, and discouraged its employees from paying union dues; (2) that during August and September 1937, April through December 1938, and January, March, May, and June 1939, and thereafter, the respondent refused to bargain collectively with the Union, the exclusive representative of its employees in an appropriate unit; (3) that on December 3, 1938, because of the respondent's unfair labor practices set forth above which occurred prior to December 3, 1938, the respondent's employees went on strike, and that the strike was prolonged by the respondent's other unfair labor practices alleged in the complaint; (4) that on or about January 24, 1939, the respondent discharged 11 named employees,2 and thereafter, on stated dates, refused to reinstate them because they joined and assisted the Union, participated in the strike, refused to resign from the Union and abandon the strike, and engaged in other concerted activities with employees of the respondent for the purposes of collective bargaining and other mutual air or protection; and (5) that by the foregoing acts, the respondent interfered with, restrained, and coerced its employees in t...

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