JEK Manufacturing Co., 485 (1952)

Order IT IS ORDERED that the petition in Case No. 10-RC-1794 be, and it hereby is, dismissed.

[Text of Direction of Election omitted from publication in this volume.] J. LEE KLESNER, AN INDIVIDUAL, DOING BUSINESS AS JEK MANUFACTURING COMPANY and AMERICAN FEDERATION OF LABOR. Case No.

SO-CA-189. June 4, 1952

Decision and Order On November 23, 1951, Trial Examiner Frederic B. Parkes, 2nd, issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action as set forth in the copy of the Intermediate Report attached hereto. The Trial Examiner also found that the Respondent had not engaged in certain other alleged unfair labor practices and recommended that the complaint be dismissed as to them. Thereafter, the Respondent filed exceptions to the Intermediate Report and a supporting brief.

The Board 1 has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions, the brief, and the entire record in the case and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

Order Upon the entire record in the case and pursuant to Section 10 (c) of the National Labor Relations Act, as amended the National Labor Relations Board hereby orders that the Respondent, J. Lee Klesner, an individual, doing business as Jek Manufacturing Company, Alliance, Nebraska, his agents, successors, and assigns, shall:

  1. Cease and desist from :

    (a) Discouraging membership in American Federation of Labor, or any other labor organization of his employees, by discriminating in regard to the hire and tenure of their employment or any term or condition of employment.

    I Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel.

    [ Members Houston, Murdock, and Styles].

    99 NLRB No. 81.

    215233-53-32 (b) Informing his employees-that an employee has been discharged because of her activities on behalf of American Federation of Labor or any other labor organization of his employees.

    (c) Threatening his employees that his operations would cease and employees would be discharged if they formed a labor organization.

    (d) In any other manner interfering with, restraining, or coercing his employees in the exercise- of their -right to self-organization, to form labor organizations, to join or assist American Federation of Labor, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or 'other mutual aid or protection, or to refrain from any and all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the Act, as guaranteed in Section 7, thereof.2

  2. Take the following affirmative action which the Board finds will effectuate the policies of the Act :

    (a) Make whole Frances C. Perry for any loss of pay she may have suffered by reason of the Respondent's discrimination against her in the manner set forth in the section of the Intermediate Report entitled 'The Remedy.' (b) Post at his plant in Alliance, Nebraska, copies of the notice attached to the Intermediate Report marked 'Appendix A.' 3 Copies of such notice, to be furnished by the Regional Director for the Seventeenth Region (Kansas City, Missouri) shall, after being duly signed by the Respondent, or his duly authorized representative, be posted by him immediately upon receipt thereof, and be maintained by him for a period of at least sixty (60) days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material.

    (c) Notify the Regional Director for the Seventeenth Region, in 2 As the record shows that the Respondent at present has no agreement with any labor organization requiring membership in that organization as a condition of employment, and may never make such an agreement , we deem it unnecessary at this time to pass upon what effect, if any, such an agreement would have upon the rights guaranteed employees in Section 7 of the Act in the light of Sec. 13, Art. XV of the Nebraska Constitution and Section 14 (b) of the Act . In employing the usual form of a cease and desist order in this case we are not to be taken to have prejudged that question in any way , contrary to the Respondent' s contention that we necessarily do so.

    9 This notice, however, shall be, and it hereby is, amended by striking from line 4 thereof the words 'The recommendations of a Trial Examiner ' and substituting in lieu thereof the words 'A Decision and Order .' In the event that this Order is enforced by a decree of a United States Court of Appeals , there shall be substituted for the words 'Pursuant to a Decision and Order ' the words 'Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order.' writing within ten (10) days from the date of the receipt of this ,Order; what steps the Respondent has taken to comply herewith.

    IT IS ALSO oRDERED that the complaint's allegations that the Respondent refused and failed to reinstate Perry to her former or substantially equivalent position be, and it hereby is, dismissed.

    Intermediate Report STATEMENT OF THE CASE

    Upon charges duly filed by American Federation of Labor, herein called the Union, the General Counsel of the National Labor Relations Board,' by the Regional Director of the Seventeenth Region (Kansas City, Missouri), issued a complaint dated September 26, 1951, against J. Lee Klesner, an individual, doing business as Jek Manufacturing Company,' Alliance, Nebraska, herein called the Respondent, alleging that the Respondent had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (a) (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, as amended, 61

    Stat. 136, herein called the Act. Copies of the charges, complaint, and notice of hearing 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) on or about June 4, 1951, discriminatorily discharged Frances C. Perry s and thereafter failed and refused to reinstate her to her former or a substantially equivalent position, although he reemployed her in a less desirable position about August 13, 1951, because she had joined or assisted the Union or engaged in other concerted activity for the purpose of mutual aid and protection, and (2) from on or about June 11, 1951, sought to induce, persuade, .and coerce his employees to cause them to refrain from becoming or remaining members of the Union and to refrain from engaging in concerted action for the purpose of mutual aid and protection and threatened his employees with discharge if they joined, assisted, remained members of the Union, or engaged in concerted activities for the purpose of mutual aid and protection.

    The complaint alleged that by the foregoing conduct the Respondent engaged in violations of Section 8 (a) (1) and (3) of the Act.

    Thereafter, the Respondent duly' filed an answer and an amended answer, admitting certain allegations of the complaint but denying that he had engaged in any unfair labor practices and affirmatively alleging that Perry was discharged for cause, was reemployed about August 10, 1951, in a substantially equivalent position to that held before her discharge, but voluntarily quit the Respondent's employ on September 1, 1951.

    Pursuant to notice, a hearing was held on October 11 and 12, 1951, at Alliance,

    Nebraska, before Frederick B. Parkes, 2nd, the undersigned Trial Examiner duly designated by the Chief Trial Examiner. The General Counsel and the Respondent were represented by counsel and the Union by an official representative. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the conclusion of the hearing, the Respondent moved that the complaint be dismissed. Ruling thereon was reserved. The motion is disposed of in acI The General Counsel and his representatives at the bearing are referred to as the General Counsel The National Labor Relations Board is herein called the Board.

    2 At the outset of the hearing the complaint was amended to set forth the correct name of the Respondent, as appears herein.

    3 The complaint was also amended to set forth the correct name of Perry, as appears herein.

    cordance with the findings of fact and conclusions of law made below. The General Counsel and the Respondent argued orally but waived the privilege of filing briefs with the undersigned.

    Upon the entire record in the case and from his observation of the witnesses, the undersigned makes the following:

    FINDINGS OF FACT

  3. THE BUSINESS OF THE RESPONDENT J. Lee Klesner, an individual doing business as Jek Manufacturing Company, processes and manufactures radio condensers and other products at his plant in Alliance, Nebraska. In the course and conduct of his business, Respondent annually performs manufacturing services valued at an amount in excess of $50,000 upon goods and products shipped from his plant to the Good-All Manufacturing Company, a firm doing business in the State of Nebraska. The latter company annually ships goods and products, valued at an amount in excess of $25,000, from points within the State of Nebraska to points outside of the State of Nebraska. A substantial...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT