Ford Motor Co.

In the Matter of FORD MOTOR COMPANY, A CORPORATION and INTER- NATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA Case No. C-1054.-Decided Febrary 22, 1943 Practice and Procedure: complaint dismissed DECISION AND ORDER In November 7, 1938, the Trial Examiner 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 that it take certain affirmative action. Thereafter, the respondent and the U. A. W.A. filed exceptions to the Intermediate Report and briefs in support of the exceptions. The Board has considered the rulings made by the Trial Examiner at the hearing and hereby affirms them except insofar as they, are inconsistent with this Decision and Order. Pursuant to notice, a hearing was held before the Board at Washington, D. C., on March 9, 1939, for the purpose of oral argument. The respondent and the U. A. W. A. were represented by counsel and participated in the hearing. On March 29, 1939, the respondent filed a "Motion, for Leave to Except and Argue," which is hereby denied. Thereafter, the respondent and the U.A. W. A. entered into negotiations for the settlement of the then pending proceedings against the respondent under the Act which had previously been initiated by charges filed by the U. A. W. A. As a result of these negotiations, the respondent and the U. A. W. A. on June 20, 1941, entered into a settlement agreement which was then approved by the Board. This agreement did not explicitly apply to the present proceeding. Thereafter, pursuant to notice and at the request of the U. A. W.A., a further hearing was held before the Board at Washington, D. C., on November 19, 1942, for the purpose of oral argument. The respondent and the U. A. W. A. were represented by counsel and participated in the hearing. On the same day, the respondent filed with the Board a motion to dismiss the complaint herein. On November 23, 1942, the 47 N. L R B., No. 104. 854 FORD MOTOR COMPANY U.A. W. A. filed a "Statement in Opposition to Respondent's Motion to Dismiss.' For the reasons set forth below, the respondent's motion to dismiss is hereby granted. The Board has considered the Intermediate Report, the exceptions and briefs filed-by the respondent and the U. A. W. A.,, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, except as noted below. The Trial Examiner found that the respondent interfered with, restrained, and coerced the employees at its Chicago plant in the exerciselof the rights guaranteed in Section 7 of the Act by publishing and distributing to the employees certain anti-union printed material The distribution of this material took place in the spring and summer, of 1937, almost 6 years ago. Thereafter, in June 1941, the respondent recognized the U.A. W. A. as the collective bargaining representative of substantially all the employees of the respondent and entered into a collective contract with the U. A. W. A. In November 1942, the respondent and the U. A. W. A. entered into a new collective contract which is now in effect, and the U. A. W. A. is still the recognized bargaining agent for the respondent's employees. The record, as the Trial Examiner found, does not establish the other unfair labor practices alleged in the complaint. Under the circumstances of this case, the respondent's distribution of the printed material in question does not warrant a finding of interference, restraint, and coercion, within the meaning of Section 8 (1) of the Act. The Trial Examiner's finding to the contrary is hereby reversed. The Trial Examiner further found that the record did not sustain the other allegations in the complaint of interference, restraint, and coercion by the respondent and of discrimination by the respondent in discharging and laying off certain employees at the Chicago plant. These findings of the Trial Examiner were based in substantial part on conflicting testimony contained in a record made almost 5 years ago. Our review of the record at this time reveals no reason for reversing the Trial Examiner's resolution of these conflicts in testimony or the findings based thereon. We shall therefore dismiss the complaint herein. ORDER Upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the complaint against the respondent, Ford Motor Company, Dearborn, Michigan, be, and it hereby is, dismissed.