Stewart Warner Corporation And United Steelworkers Of America, Local 2937, Affiliated With The C. I. O., 593 (1944)

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Stewart Warner Corporation And United Steelworkers Of America, Local 2937, Affiliated With The C. I. O., 593 (1944)

In the Matter of STEWART WARNER CORPORATION and UNITED STEELWORKERS OF AMERICA, LOCAL 2937, AFFILIATED WITH THE C. I. O.

Case No. 9-C-1855.-Decided March 80, 1944 Mr. Benjamin E. Cook, for the Board.

Mr. F.H.. Towner, of Chicago, Ill., for the respondent.

Mr. James Robb, of Indianapolis, Ind., for the Union.

Mr. William I. Whitsett, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE Upon an amended charge dated September 9, 1943, and duly filed by United Steelworkers of America, Local 2937, affilihted with the Congress of Industrial Organizations, herein called the Union, the National Labor Relations Board, herein called the Board, by its Acting Regional Director for the Ninth Region (Cincinnati, Ohio), issued its complaint dated September 11, 1943, against Stewart Warner Corporation, Indianapolis, 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, and 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: (1) that from on or about March 1, 1943, the respondent questioned its employees concerning their union affiliation; stated that there had never been and never would be a union in the respondent's plant; maintained surveillance of the activities of the Union and its members; vilified and disparaged the Union and its leaders and organizers; (2) that on March 10 and 11, 1943, the respondent discharged or laid off five named employees and thereafter failed and refused to reinstate them for the reason that they joined and assisted the Union and engaged in concerted activities with other employees for the purposes of collective bargaining or other mutual aid and pro tection; and (3) that by the above stated acts, the respondent discriminated with respect to the hire and tenure of employment of the five named employees and interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act.

On or about September 22, 1943, the respondent filed an answer, admitting the jurisdictional allegations of the complaint and denying that it had committed any of the alleged unfair labor practices. The answer averred that the services of the five employees, alleged to have been discriminatorily discharged or laid off, were terminated for the reason that they were incompetent and insubordinate.

Pursuant to notice, a hearing was held at Indianapolis, Indiana, from September 30 to October 3, 1943, before William F. Guffey, Jr., the Trial Examiner duly designated by the Chief Trial Examiner.

The Board, the respondent, and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and...

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