Brashear Freight Lines, Inc. And International Association Of Machinists, District No. 9, Affiliated With The American Federation Of Labor, 191 (1939)

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Brashear Freight Lines, Inc. And International Association Of Machinists, District No. 9, Affiliated With The American Federation Of Labor, 191 (1939)

In the Matter of BRASHEAR FREIGHT LINES, INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT NO. 9, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. C-580.-Decided June 10, 1939 Trucking Industry--Interference, Restraint, and Coercion: distribution of misleading pamphlet covering Act; anti-union statementsi of supervisory employees;

espionage by supervisory employees of union meeting; refusal to meet with union representatives-Collective Bargainng: charge of failure to bargain collectively dismissed-Discrimination: discharges for union membership; charges of discrimination dismissed as to one employee-Strike: result of employer's unfair labor practices-Reinstatement Ordered: discharged employees; strikers upon application, dismissing newly hired employees if necessary-Back Pay: awarded to discharged employees; awarded to striking employees who are not reinstated or placed on preferential list within 5 days of application for reinstatement Mr. Joseph A. Hoskins, for the Board.

Mr. Stephen C. Rogers, of St. Louis, Mo., for the respondent.

Mr. Sumner Marcus, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges duly filed by International Association of Machinists,

District No. 9, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fourteenth Region (St. Louis, Missouri), issued its complaint dated December 10, 1937, against Brashear Freight Lines, Inc., St. Louis, Missouri, herein called the respondent, alleging that the respondent had engaged in and was engaging in 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, accompanied by notice of hearing, were duly served upon the respondent and upon the Union.

The complaint alleged in substance that, from about April 1937 to the date of the issuance of the complaint, the respondent had dis coura...

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