The General Tire & Rubber Co., 1160 (1961)

DECISION AND ORDER

On August 22, 1961, Trial Examiner George A. Downing issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and is engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the Intermediate Report attached hereto. He also found that the Respondent had not engaged in certain other alleged unfair labor practices and recommended dismissal of the complaint with respect thereto. Thereafter, the Re spondent and the General Counsel filed exceptions to the Intermediate Report and supporting briefs.

Pursuant to 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 Rodgers, Fanning, and Brown].

The Board 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 and briefs, 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 this 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, The General Tire K Rubber Company, Mayfield, Kentucky, its officers, agents, successors, and assigns, shall:

1 The Trial Examiner found that sometime after Christmas 1960, employee Adams approached Respondent' s personnel manager, Cantwell , and inquired whether a rumor he had heard was true , namely, that Respondent had a list of potential union organizers and that Adams ' name appeared at the top. In response to Adams ' inquiry, although Cantwell denied that such a list was in existence , Cantwell held up a piece of paper and stated, 'I might have written some names down on it ' The Trial Examiner concluded that the above incident, having been initiated by Adams and occurring in the context of other statements in which Cantwell assured Adams that he was free to vote any way he chose, plainly qualified as free speech under Section 8 ( c) of the Act. We disagree Contrary to the Trial Examiner, we find that Adams was greatly concerned over the rumor ; that Adams approached Cantwell to have his fears allayed ; and that Cantwell ' s conduct, in holding up a purported list of names , could have no effect other than to instill fear in Adams that reprisals would be visited upon any employee who engaged in union activities By such threatening conduct, Respondent interfered with, restrained, and coerced its employees in violation of Section 8(a) (1) of the Act 134 NLRB No. 102.

THE GENERAL TIRE & RUBBER COMPANY 1161

1. Cease and desist from :

   (

   1. Interrogating employees concerning their union membership, sentiments, and activities and concerning their attendance at union meetings and their contacts with union representatives in a manner constituting interference, restraint, or coercion within the meaning of Section 8 (a) (1) of the Act ; and coercively threatening employees that reprisals would be taken against those engaging in union activities.

   (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of their right to self-organization, to form labor organizations, to join or assist United Rubber, Cork,

   Linoleum and Plastic Workers of America, AFL-CIO, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose 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 modified by the LaborManagement Reporting and Disclosure Act of 1959.

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

   (

   1. Post at its plant in Mayfield, Kentucky, copies of the notice attached hereto marked 'Appendix.' 2 Copies of said notice, to be furnished by the Regional Director for the Ninth Region, shall, after being duly signed by a representative of the Respondent, be posted immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken to insure that said notices are not altered, defaced, or covered by any other material.

   (b) Notify the Regional Director for the Ninth Region, in writing, within 10 days from the date of this Order, what steps have been taken to comply herewith.

   IT IS )FURTHER ORDERED that the complaint be, and it hereby is, dismissed insofar as it alleges violations of Section 8(a) (1) of the Act other than those found by the Trial Examiner and adopted by the Board herein, as well as the violation found by the Board supra, footnote 1, and insofar as it alleges that the discharge of Robert Elliott constitutes a violation of Section 8 (a) (3) of the Act.

   2 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 ' APPENDIX

   NOTICE TO ALL EMPLOYEES

   Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that:

   WE WILL NOT interrogate our employees concerning their union membership, sentiments, and activities or concerning their attendance at union meetings or contacts with union representatives in a manner constituting interference, restraint, or coercion within the meaning of Section 8(a) (1) of the Act; nor will we coercively threaten our employees that reprisals would be taken against those engaging in union activities.

   WE WILL NOT, in any like or related manner, interfere with, restrain, or coerce employees in the exercise of their right to selforganization, to form labor organizations, to join or assist United Rubber, Cork, Linoleum and Plastic Workers of America, AFLCIO, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or 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 modified by the Labor-Management Reporting and Disclosure Act of 1959.

   All our employees are free to become, remain, or to refrain from becoming or remaining members of United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO, or any other labor organization.

   THE GENERAL TIRE & RUBBER COMPANY,

   Employer.

   Dated---------------- By------------------------------------(Representative ) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material.

   INTERMEDIATE REPORT

   STATEMENT OF THE CASE

   This proceeding, brought under Section 10 (b) of the National Labor Relations Act, as amended (61 Stat. 136; 73 Stat 519), was heard in Mayfield, Kentucky, on June 27 and 28, 1961, pursuant to due notice. The complaint, issued on May 12, 1961, by the General Counsel of the National Labor Relations Board and based on a charge duly filed and served, alleged in substance that Respondent had engaged in unfair labor practices proscribed by Section 8(a)(1) and ( 3) of the Act by numerous specified acts of interference, restraint, and coercion since October THE GENERAL TIRE & RUBBER COMPANY 1163

   1960, by discharging Robert G. Elliott on March 22, 1961, because of his union membership and activities, and by changing a certain condition of employment because of union membership and activities.

   Respondent answered, admitting the supervisory status of all the persons to whom unlawful conduct was attributed, but denying the unfair labor practices.

   The issues in this case revolve almost entirely around the, question whether Elliott's discharge was discriminatorily made or whether it was for continued careless and improper work habits and attitudes after repeated reprimands. The issues are largely factual, turning on the credibility of opposing witnesses, though Respondent also raises questions whether as a matter of law certain statements made by Respondent's supervisors constituted interference, restraint, and coercion within the meaning of Section 8 (a)( I).

   Upon the entire record in the case, and from my observation of the witnesses, I make the following:

   FINDINGS OF FACT

1. THE RESPONDENT'S BUSINESS; THE LABOR ORGANIZATION INVOLVED I find on facts alleged in the complaint and admitted by answer that Respondent, an Ohio corporation engaged at Mayfield in the manufacture of automobile tires, is engaged in interstate commerce within the meaning of the Act (by reason of direct outflow to extrastate points of products valued in excess of $50,000 annually and direct inflow of materials and supplies valued in excess of $50,000 annually), and that the Charging Union is a labor organization within the meaning of Section 2(5) of the Act.

   2. THE UNFAIR LABOR PRACTICES A. Setting and background Respondent completed the construction of its tire plant at Mayfield in the summer of 1960, and thereupon entered into production. It employs approximately 250 employees and approximately 50 supervisors. It operates 2 other tire plants at Akron, Ohio,...