Douglas Aircraft Company, Inc. And United Automobile Workers Of America, International Union, Douglas Local No. 214, 242 (1939)

National Labor Relations Board

Docket Number: C-268 and C-269

Parts: 287

Linked as:

Summary

Douglas Aircraft Company, Inc. And Local No. 311, International Association Of Machinists

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Douglas Aircraft Company, Inc. And United Automobile Workers Of America, International Union, Douglas Local No. 214, 242 (1939)

In the Matter of DOUGLAS AIRCRAFT COMPANY, INC. and UNITED AUTOMOBILE WORKERS OF AMERICA, INTERNATIONAL UNION, DOUGLAS LOCAL No. 214 In the Matter of DOUGLAS AIRCRAFT COMPANY, INC. and LOCAL No. 311,

INTERNATIONAL ASSOCIATION OF MACHINISTS Cases Nos. C-268 and C-269, respectively.-Decided December 7, 1938 Aircraft and Parts Matfacturing Industry-Interference, Restraint, and Coercion: expressed opposition to labor organization; engendering fear of loss of employment for union activity-Company-Dominated Union: domination of and interference with formation and administration; support; sponsoring and fostering growth of; activities of supervisory employees in behalf of; change in form of, at suggestion of employer; disestablished, as agency for collective bargaining-Discrimination: discharges; for union membership and activity;

after reinstatement following strike; charges of, not sustained as to certain employees; non-reinstatement following strike; delay in reinstatement of strikers; demotion, upon reinstatement-Strike: result of employer's unfair labor practices; sit-down; participation in, no bar to reinstatement-Reinstatement Ordered: discharged employees; strikers-Back Pay: awarded; discharged employees; strikers.

Mr. Ralph T. Seward and Mr. David Persinger, for the Board.

Mr. H. W. Elliott, of Los Angeles, Calif., for the respondent.

James Carter & John Packard, by Mr. Marshall Ross, of Los Angeles, Calif., and Davidow & Davidow, by Mr. L. S. Davidow, of Detroit, Mich., for the U. A. W. A.

Mr. Paul Hutchings, of Washington, D. C., for the I. A. M.

Mr. John J. Ford, of Los Angeles, Calif., Mr. Fred C. Woody, of Brentwood Heights, Calif., and Mr. Robert G. Johnson, of Los Angeles, Calif., for the A. W. U.

Mr. Herbert Fuchs, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by United Automobile Workers of America, International Union, Douglas Local No.

214, herein called the U. A. W. A., the National Labor Relations 242 Board, herein called the Board, by Towne Nylander, Regional Director for the Twenty-first Region (Los Angeles, California), issued its complaint dated May 22, 1937, against Douglas Aircraft Company,

Inc., Santa Monica, California, 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), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.

Upon charges duly filed by Local No. 311, International Association of Machinists, herein called the I. A. M., the Board, by the said Regional Director, issued another complaint dated the same day against 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) and (2) and Section 2 (6) and (7) of the Act.' The complaint and accompanying notice of hearing in each case were duly served upon the respondent, upon the U. A. W. A., upon the I. A. M., and upon Aircraft Workers Union, Inc., herein called the A. W. U., a labor organization named in the complaint as being and having been dominated, interfered with, and supported by the respondent.

On May 24, 1937, the Board, acting pursuant to Article II, Section 37 (b), of National Labor Relations Board Rules and RegulationsSeries 1, as amended, ordered that the cases be consolidated for the purpose of hearing.

The respondent duly filed an answer to each complaint, denying the commission of the unfair labor practices charged.

Pursuant to notice, a hearing was held at Los Angeles, California, from June 7 to August 20, 1937, before Rollin McNitt, the Trial Examiner duly designated by the Board. The Board, the respondent, and the U. A. W. A. were represented by counsel, and the I. A. M.

by a general vice president; all participated in the hearing. At the opening of the hearing, the A. W. U. appeared by counsel and made a motion for leave to intervene. The motion was granted. Thereupon, the A. W. U. filed answers denying the allegations of the complaints which charge the respondent with interference with, domination, and support of the A. W. U., and participated in the hearing.

Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. Numerous motions and objections to the admission of evidence were made and ruled upon at the hearing. At the conclusion SThe final paragraph of the complaint issued upon charges filed by the I. A. M.

alleges that the respondent has committed unfair labor practices within the meaning of Section 8 (1), (2), and (3) of the Act. The inclusion of Section 8 (3) at this point was clearly inadvertent and we shall disregard it.

NATIONAL LABOR RELATIONS BOARD of the hearing the Trial Examiner reserved decision upon a motion made by counsel fo...

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