Ross Gear And Tool Company And International Union, United Automobile, Aircraft And Agricultural Inmplement Workers Of America, Uaw-cio, 1012 (1945)

Docket Number: 13-C-0390

Parts: 1038

Linked as:

Extract

Ross Gear And Tool Company And International Union, United Automobile, Aircraft And Agricultural Inmplement Workers Of America, Uaw-cio, 1012 (1945)

In the Matter of Ross GEAR AND TOOL COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL InMPLEMENT WORKERS OF AMERICA, UAW-CIO Case No. 13-C-0390.--Decided September 20, 1945 Mr. John R. Hill, for the Board.

Messrs. Carl Wilde and Owen J. Neighbours, of Indianapolis, Ind., for the respondent.

Mr. Jesse W. Peden, of Indianapolis, Ind., for the Union.

DECISION AND ORDER STATEMENT OF THE CASE Upon-a first amended charge duly filed by International Union, 'United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, herein called the Union, the National Labor Relations Board, herein called the Board, by its Regional Director for the Thirteenth Region, Chicago, Illinois, issued its complaint dated September 30, 1944, against Ross Gear and Tool Company, La Fayette,

Indiana, 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) and (3) 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 thereon, were duly served upon the respondent and the Union..

With respect to the unfair labor practices the complaint alleged.

in substance, that the respondent: (1) from about December 1, 1943, urged, warned, and threatened its employees against joining or assisting the Union; (2) from about January 10, 1944, to about June 16, 1944, bargained individually with employees and failed and refused to deal with the Union respecting conditions of employment and disputes connected therewith, though the Union from said January 10 was the exclusive representative of the production and maintenance employees; and (3) on April 11, 1944, discharged Mrs. Mae Ford, and has since failed and refused to reinstate her, because she was a member of the Union and active on its behalf.

1012 1013 On October 9, 1944, the respondent filed a motion that the complaint be made more specific in certain respects, together with a memorandum in support thereof. On October 12, the respondent filed an answer admitting some of the allegations of the complaint but denying the alleged unfair labor practices; it also set up certain affirmative -defenses.

Pursuant to notice, a hearing was held on October 12 through October 16, 1944, at La Fayette, Indiana, before Samuel H. Jaffee, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were represented by counsel and participated in the hearing.

F llopportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues, was afforded all parties.

During the hearing the Trial Examiner granted in part and denied in part the respondent's motion to make the complaint more specific, and counsel for the Board supplied the specifications required by the ruling. Also, upon motion of counsel for the Board, and over the objection of the respondent, the Trial Examiner struck a certain paagraph of that portion of the respondent's answer containing affirmative defenses.1 During the course 'of the hearing the Trial Examiner made rulings on other motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner made during the course of the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed.

At the conclusion of the hearing, the pleadings were, by consent of the parties deemed conformed to the proof as to names and dates.

The parties argued orally before the Trial Examiner at the conclusion of the hearing. They waived the privilege of filing briefs with the Trial Examiner.2 On January 19, 1945, the Trial Examiner issued his Intermediate Report,...

See the full content of this document