Marvel-schebler Division, Borg-warner Corporation And International Union, United Automobile Workers Of America, Affiliated With The Congress Of Indtstrial Organizations, 866 (1942)

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Marvel-schebler Division, Borg-warner Corporation And International Union, United Automobile Workers Of America, Affiliated With The Congress Of Indtstrial Organizations, 866 (1942)

In the Matter of MARVEL-SCHEBLER DIVISION, BORG-WARNER CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDTSTRIAL ORGANIZATIONS Case No. C-1968.-Decided January 31, 190 Jurisdiction: automobile parts manufacturing industry.

Unfair Labor Practices Discrimination: employer who under pressure by committee of sole bargaining representative discharged and refused to reinstate employee because of membership in rival union held to have surrendered its 'managerial responsibilities' and to have adopted the committee's 'factional animus'; charges of, dismissed where committee of bargaining representative, although having a factional motive, based its protest as to reemployment of employee upon an arguable interpretation of seniority rights under sole collective bargaining contract with employer.

Remedial Order: reinstatement and back pay awarded.

Mr. Earl R. Cross, for the Board.

Mr. Marion K. Kellogg, of Detroit, Mich., for the respondent.

Mr. Maurice Sugar and Mr. Jack M. Tucker, of Detroit, Mich., for the C. I. O.

Mr. J. L. Busby, of Detroit, Mich., for the A. F. L.

Mr. Raymond J. Compton, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., the National Labor Relations Board, herein called the Board, by the Regional Director for the Seventh Region (Detroit, Michigan), issued its complaint dated July 3, 1941, against Marvel-Schebler Division, Borg-Warner Corporation, Flint, Michigan, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the 866 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 and notices of hearing thereon were duly served upon the respondent and the C. I. O.

With respect to the unfair labor practices the complaint alleged in substance (1) that the respondent discouraged members...

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