Blanton Co.

In the Matter of BLANTON COMPANY and UNITED OLEOMARGARINE WORKERS LOCAL INDUSTRIAL UNION No. 489 Case No. C-801 AMENDMENT TO DECISION December 5, 1939 On October 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Order in the above-entitled proceedings.' In its Decision and Order, the Board found, inter alia, that Elza Smith, an employee alleged to have been refused rein- statement by the respondent because of his union activities, was not so discriminated against, and dismissed the complaint with respect to him. On November 25, 1939, Smith filed "Exceptions, Objections, and Petition for Modification of the Board's Original Order." Sec- tion III, B, of the Board's Decision as to Smith read : Elza Smith was working as a trackman at the time of the strike and had been employed by the respondent in this capacity since January 1, 1937. Smith was a member of the union negotiating committee and active on the picket line. During the strike, Smith was arrested for assulting Mannebach during a fracas that occurred outside the plant. The respondent con- tends that it did not reinstate Smith because of his assault upon Mannebach. From all the evidence in this case, we conclude that the re- spondent's refusal to reinstate Smith was not an unfair labor practice within the meaning of the Act. Smith contends that he was never arrested for any cause during the strike or in connection with his activities on behalf of the Union, that Mannebach was never assaulted, and that the fracas mentioned in the findings of the Board never occurred. We have reexamined the record with respect to Smith. Although we are not satisfied from the record that Smith was arrested, we are of the opinion that it affords ample basis for the dismissal of the complaint with respect to him. We shall amend the decision in order to clarify our reasons for the dismissal. 16 N. L. R. B. 951. 18 N. L. R. B., No. 28. 143 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD By virtue of and pursuant to Section 10 (d) of the National Labor Relations Act, the Board hereby amends its Decision in the above-entitled case by striking therefrom the above-quoted paragraph appearing in Section III, B, and substituting therefor the following : Elza Smith was working as a trackman at the time of the strike and had been employed by the respondent in this capacity since January 1, 1937. Smith was a member of the union negoti- ating committee and active on the picket line. The respondent contends that it did not reinstate Smith because of his assaults upon supervisory officials of the respondent. Mannebach testified at the hearing that upon his departure from the plant during the strike, Smith assaulted him. Clarence Powers, a foreman in the. plant, testified that Smith struck him during a fracas which occurred while he and several other fore- men were leaving the plant. Floyd C. Cook, sales manager of the respondent, who was present during the fracas, substantiated Power's testimony. Although Smith testified at the hearing, he did not controvert the testimony of Mannebach, Powers, and Cook. We find that Smith committed the assaults described above. From all the evidence in this case, we conclude that the re- spondent's refusal to reinstate Smith was not an unfair labor practice within the meaning of the Act. I