Ford Radio & Mica Corp.

34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Moore Drydock is controlling .14 All conditions for lawful ambulatory picket- ing established in that case having been met, no inference of an unlawful object may reasonably rest on the facts of this case. Further, assuming this to be a Washington Coca-Cola situation, it is arguable whether the ambulatory picketing here engaged in constituted inducement of employees of customers of McDonald , Murray, and Coast to engage in a strike or concerted activities of any character whatever . So far as this record shows, the ambulatory pickets never came within sight of customer employees ; there was no occasion for customer employees to cross the picket line or to come into con- tact with it; and there would be no occasion for the Union to appeal to them to strike or engage in concerted activities, for the Union's object was accomplished when it stopped the unloading of the struck beer by employees of the common carriers attempting its distribution . Under such circumstances it might be ques- tioned whether there was a reasonable presumption of inducement and encourage- ment of customer employers , or, assuming the presumption , whether it was not overthrown by the whole congeries of circumstances attending the picketing,15 but I do not of course venture to answer such questions in the affirmative because of the Board's declaration in the Ready Mixed Concrete Company case (116 NLRB 461, 462 ) that ambulatory picketing at the premises of a secondary employer, where there is adequate opportunity for picketing the primary employer, is per se unlawful, and, because, on the facts of this case as I view them, the question of inducement is not reached. [Recommendations omitted from publication.] 1; Moore Drydock Company, 92 NLRB 547. 15 Campbell Coal Company, 110 NLRB 2192 , enf. denied 229 F . 2d 514 (C.A., D.C.), Board 's petition for cert. denied 351 U.S. 972. Otis Hassey Co., 109 NLRB 61, enf. denied 225 F. 2d 205 ( C.A. 5), Board's petition for cert. denied , 350 U.S. 914. Ford Radio & Mica Corporation and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-AFL-CIO), Local 365. Case No. O-CA-3686. November 7, 1958 SUPPLEMENTAL DECISION AND AMENDED ORDER On April 19, 1956, the National Labor Relations Board issued a Decision and Order in this case,' in which it found that the Respondent had engaged in and was engaging in certain unfair labor practices affecting commerce, and ordered the Respondent to cease and desist therefrom and to take certain affirmative remedial action. The Board found, in substance, that the Respondent had threatened loss of em- ployment or other reprisals against its employees because of their union activities, promulgated and enforced a rule prohibiting solici- tation for the purpose of interfering with the concerted activities of its employees, and interrogated its employees regarding union activi- ties, in violation of Section 8(a) (1) of the Act, and discriminatorily discharged 34 employees who were engaging in an economic strike, in violation of Section 8(a) (3) and (1) of the Act. The Board thereafter petitioned the United States Court of Appeals for the Second Circuit for enforcement of its Order against the Respondent. On August 12, 1958, the court handed down an opinion 1115 NLRB 1046. 122 NLRB No. 9. FORD RADIO & MICA CORPORATION 35 in which it concurred in the Board's findings that the Respondent had engaged in conduct violative of Section 8(a) (1) of the Act, but found that the Respondent did not violate the Act by its discharge of the strikers or by any of its statements and activities relative to the strike. The court therefore denied enforcement of the Board's Order requir- ing reinstatement and back-pay for the striking employees, vacated the cease-and-desist provisions of the Order, and remanded to the Board this portion of its Order for reconsideration in accordance with the court's opinion. On the basis of the court's opinion and remand, we hereby modify our Order herein as follows : AMENDED 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, Ford Radio & Mica Corporation, Brooklyn, New York, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Threatening loss of employment or other reprisals against its employees because of their membership in or assistance to Interna- tional Union, United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-AFL-CIO), Local 365, or any other labor organization. (b) Promulgating or enforcing any rule prohibiting solicitation, for the purpose of impeding or interfering with the concerted activi- ties of its employees. (c) Interrogating its employees regarding their union activities, affiliations, or sympathies, or those of their fellow employees, on how they intend to vote in a Board-conducted election, in a manner viola- tive-of Section 8 (a) (1) of the Act. (d) In any like or related manner interfering with, restraining, or coercing its employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Post at its plant at Brooklyn, New York, copies of the notice attached hereto marked "Appendix A." 2 Copies of said notice, to be furnished by the Regional Director for the Second Region, shall, after being duly signed by the Respondent's representative, be posted by the 21n 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." 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Respondent immediately upon receipt thereof and maintained by it for a period of sixty (60) consecutive 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. (b) Notify the Regional Director for the Second Region, in writing, within ten (10) days from the date of this Order, what steps the Respondent has taken to comply herewith. IT IS FURTHER ORDERED that the complaint be, and it hereby is, dis- missed insofar as it alleges that the Respondent violated the Act by granting wage increases to its employees in order to discourage mem- bership in the Union, by discharging Joseph Zukowsky or the strikers, and by statements and activities in connection with the strike. APPENDIX A 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 Labor Management Relations Act, we hereby notify our employees that : WE WILL NOT threaten loss of employment or other reprisals against our employees because of their membership in or assist- ance to International Union, United Automobile , Aircraft & Agricultural Implement Workers of America (UAW-AFL- CIO), Local 365, or any other labor organization. WE WILL NOT promulgate or enforce any rule prohibiting solicitation, for the purpose of impeding or interfering with the concerted activities of our employees. WE WILL NOT interrogate our employees regarding their union activities, affiliations, or sympathies, or those of their fellow em- ployees, or how they intend to vote in a Board -conducted election, in a manner violative of Section 8(a) (1) of the National Labor Relations Act. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them in Section 7 of the National Labor Relations Act. FORD RADIO & MICA CORPORATION, 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.