F. S. Frost And F. M. Netzel, a Partnership Doing Business As The Frost Rubber Works Ad Independent Union Of Operating Engineers, 1071 (1940)

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F. S. Frost And F. M. Netzel, a Partnership Doing Business As The Frost Rubber Works Ad Independent Union Of Operating Engineers, 1071 (1940)

In the Matter of F. S. FROST AND F. M. NETZEL, A PARTNERSHIP DOING BUSINESS AS THE FROST RUBBER WORKS ad INDEPENDENT UNION OF OPERATING ENGINEERS Case No. (7-1468.-Decided May 22, 1940 Rubber Goods Manufacturing Industry-Interference, Restraint, and Coercion:

anti-union statements-Employer: responsibility of, for supervisory employee's anti-union statements-Discrimination: discharge for union affiliation and activity to avoid bargaining with the Union by destroying its majority-Reinstatement Ordered: discharged employee-Back Pay: awarded to employee discriminatorily discharged.

Mr. Stephen M. Reynolds, for the Board.

Mr. Ewart Harris, of Chicago, Ill., for the respondents.

Mr. Edward S. Marshinski, of Chicago, Ill., for the Union.

Mr. Edwin L. Swope, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Independent Union of Operating Engineers, herein called the Union, the National Labor Relations Board, herein called the Board, by G. L.

Patterson, Regional Director for the Thirteenth Region (Chicago,

Illinois) issued its complaint dated November 29, 1939, against F. S.

Frost and F. M. Netzel, herein called the respondents, doing business as The Frost Rubber Works, alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the complaint, accompanied by notice of hearing, was duly served upon the respondents and upon the Union.

With respect to the unfair labor practices, the complaint alleged in substance (1) that on or about April 8, 1939, the respondents discharged and thereafter refused to reinstate Anthony J. Kasmir for the reason that he was a member of the Union and had engaged in concerted activ...

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