Great Southern Trucking Company, Charlotre Branch And International Brotherhood Of Teamsters, Chauffeetrs, Stablemen And Helpers Of America, Local #71, 1068 (1941)

Extract

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Great Southern Trucking Company, Charlotre Branch And International Brotherhood Of Teamsters, Chauffeetrs, Stablemen And Helpers Of America, Local #71, 1068 (1941)

In the Matter of GREAT SOUTHERN TRUCKING COMPANY, CHARLOTrE BRANCH and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEETRS, STABLEMEN AND HELPERS OF AMERICA, LOCAL #71 Case No. C-i488.-Decided August 26, 1941 Jurisdiction: freight trucking industry.

Unfair Labor Practices Interference, Restraint, and Coercion: anti-union statements; questioning as to union membership.

Discrimination: discharge of 39 employees because they engaged in strike following refusal to bargain; discharge of non-union employee because of belief he had gone on strike; allegations as to one employee dismissed.

Collective Bargaining: union's majority undisputed-refusal to bargain in good faith: refusal of officer with authority to meet and negotiate; negotiations through supervisory employees without authority; advancing active union committee member to supervisory position after strike threatened; majority not destroyed by discharge and replacement of strikers.

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

Unit Appropriate for Collective Bargaining: truck drivers, truck drivers' helpers, warehousemen (platform men), checkers, watchmen, and garagemen, excluding mechanics, clerical employees, supervisory employees with authority to hire and discharge, and 4 temporary employees.

Mr. Charles Y. Latimer, for the Board.

Mr. Thomas P. O'Brien and Mr. Henry Kaiser, of Washington,

D. C., for the Union.

Guthrie, Pierce & Blakeney, by Mr. Whiteford S. Blakeney, of Charlotte, N. C., and Milam, Mclvai'ne & Milam, by Mr. Donald A.

Carroll, of Jacksonville, Fla., for the respondent.

Mr. Louis Cokin and Miss Marcia Hertzmark, of counsel to the Board.

DECISION AND ORDER STATEMlENT OF THE CASE Upon charges and amended charges duly filed by International Brotherhood of Teamsters, Chauffeurs, Stablemen, and Helpers of 1068 1069 America, Local #71,1 herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint dated December 1, 1939, against Great Southern Trucking Company, Charlotte, North Carolina, 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 and accompanying notices of hearing were duly served upon the respondent and the Union.

Concerning the unfair labor practices, the complaint alleged, in substance, (1) that on or about April 10, 1939, and thereafter, the respondent refused to bargain collectively with the Union as the exclusive representative of its employees within an appropriate bargaining unit; (2) that on or about September 6, 1939, the Union called a strike in protest against the refusal of the respondent to bargain with the Union and that the respondent then discharged and refused to reinstate 36 named employees because they had gone out on strike;2 (3) that the respondent warned its employees to refrain from becoming or remaining members of the Union and made remarks to them intended to discourage their membership in the Union; (4) that on or about March 1, 1939, the respondent discharged L. A. Justice, an employee of the respondent, because he joined and assisted the Union;

and (5) that by these and other acts the respondent interfered with, restrained, and coerced its employees in the exercise of ...

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