M.P.C. Plating, Inc., Cross v. National Labor Relations Board, Cross

912 F.2d 883, 135 L.R.R.M. (BNA) 2377, 1990 U.S. App. LEXIS 15343
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 4, 1990
Docket89-5869, 89-6040
StatusPublished
Cited by18 cases

This text of 912 F.2d 883 (M.P.C. Plating, Inc., Cross v. National Labor Relations Board, Cross) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
M.P.C. Plating, Inc., Cross v. National Labor Relations Board, Cross, 912 F.2d 883, 135 L.R.R.M. (BNA) 2377, 1990 U.S. App. LEXIS 15343 (6th Cir. 1990).

Opinions

WELLFORD, Circuit Judge.

Petitioner, M.P.C. Plating, Inc. (“MPC”), charged by the National Labor Relations Board with unfair labor practices, is a small metal plating business engaged in buffing, polishing, and plating metal parts. It is the wholly-owned corporation of its president, Albert Walcutt. His wife, Roseann, serves as MPC’s secretary-treasurer and also acts as the company’s bookkeeper. The Walcutts’ son-in-law and plating foreman, David Piwarski, Benny Strozier, longtime foreman of the buffing department, and Joseph Roth, a chemical engineer, are the only three individuals employed at the supervisory level.

During the relevant period, MPC employed approximately thirty production and maintenance workers, of whom approximately fourteen or fifteen were permanently on MPC’s payroll. The remaining employees were temporary employees, which MPC hired through Ger-Mar Temps, an employment agency owned by Geri Nigro and Marge Martens. Neither Nigro nor Martens have any other connection to MPC or to the Walcutts.

These temporary employees worked alongside the permanent MPC employees and performed similar work. MPC paid Ger-Mar $4.40 an hour for each temporary employee, a rate that covered the employee’s minimum wages, unemployment compensation, and workmen’s compensation coverage. Unlike MPC’s permanent employees, the temporary employees received no fringe benefits. Permanent MPC employees earned between $3.75 and $4.50 an hour and received time-and-a-half for overtime work. The permanent employees also received a paid hospitalization policy, a life insurance plan, certain vacation days, and other fringe benefits, including participation in a profit-sharing program.

In June of 1985, Rashad Shareef, on permanent MPC employment rolls, distressed with what he perceived to be unhealthy and unsafe working conditions at the plant, began discussions about organizing a union. Prior to taking his vacation, Shareef asked Strozier, his foreman, for the name of the union which had previously represented the MPC workers. (This union had been decer-tified in 1982.) He also told Strozier that he planned to contact the union about orga[885]*885nizing. Shareef also told Violet Rostrum, another employee, about his desire to organize or to bring back the former union.

At the Board hearing, Shareef testified that at the beginning of the unionization efforts both Mr. and Mrs. Walcutt asked him to keep an eye on the employees because they were “acting strange.” He also testified that Mrs. Walcutt questioned him about employee discontent and the prospect of the employees organizing a union; she asked him “to report to her” any of these activities. Shareef, however, divulged nothing to his employers. In July of 1985, while Shareef was on vacation, he met with Terry Freeman, a union agent, and together they planned a meeting for MPC employees during that month. Shareef informed Strozier that he had met with a union representative.

Upon returning to work after his vacation, Shareef was directed to Mr. Walcutt’s office. Walcutt questioned Shareef about the workers’ organizing a union. Although Shareef stated that he knew nothing of the organizing efforts, Walcutt told Shareef that he would shut down the plant, rather than allow his workers to unionize. Shar-eef also stated that later that same day, Mrs. Walcutt informed him that she knew that an organizing effort was underway. She requested that Shareef discover for her who was organizing the union campaign. She also stated that any employee behind the union effort would be fired. Shareef testified that he then called Strozier, who told him that Mrs. Walcutt had asked him (Strozier) to interrogate Frank Billip, another employee, regarding potential union activity. (Walcutt subsequently told Strozier not to bother because he knew that union organizing efforts had begun.)

Billip testified that Strozier did discuss with him the union organizing efforts. After admitting organizational efforts, Billip stated that Strozier then told him that “A1 (Walcutt) already knew about it” and was “going to do something about it too.” The Walcutts and Strozier denied making any of these statements attributed to them.

Everett Davis, an MPC employee, drafted a list of employee complaints in preparation for the union meeting. Davis’ supervisor, Piwarski, saw Davis with the list and inquired about its contents. Davis claimed that the list was personal, but Piwarski called him into an office and continued to question him about it. Davis subsequently allowed Piwarski to view the list after Pi-warski allegedly told him he would not allow him to leave until Walcutt talked to him. Later, Davis was admonished to present his grievances to his supervisors, rather than writing them down. Before the union organizational meeting, Walcutt questioned Davis about the problems on the grievance list, stating that he would “correct” some of Davis’ concerns, but he refused to accede to others.

About this same time, Davis was given a warning for allegedly violating company rules regarding the temperature of certain solutions used in the plating process. Davis noted that the temperature was below normal and so indicated on the lab report, but he neglected to advise his immediate supervisors. As a consequence, parts worth several thousand dollars were damaged. The other employee involved was subsequently discharged, and on July 17, Davis received a written warning for his part in the episode.

Davis attended the union organizational meeting and signed an authorization card. Davis also attempted to solicit other workers to sign authorization cards. Later that day, Mr. Walcutt allegedly became angry after overhearing Davis and another employee discuss the union in the restroom.

A few days later, Walcutt fired Davis. Davis questioned why he was terminated for an incident which had happened about a week earlier. Walcutt hold him that this incident had just come to his attention; he also told Davis that he had just learned that Davis had previously received two warnings for inattentive work. Davis claimed that he was fired instead for his union activities. MPC rules provided that an employee would be discharged when that employee had committed three violations, the second of which had to be in writing. Subsequently, however, an unemployment compensation referee determined [886]*886that Davis was discharged for good cause and that his discharge was in no way connected to his union activities.

Within a few days after the union organizational meeting, a majority of the production and maintenance workers at MPC had signed authorization cards authorizing Teamsters Local 507 to be their collective-bargaining representative. A union agent then promptly visited the MPC facility to request union recognition from MPC management. Walcutt talked to him through a window separating the reception area from the interior of the plant. An attempt to have Walcutt sign a letter recognizing the union was ignored. The union representative then left a letter on a nearby window ledge demanding recognition. Mr. Walcutt claimed that he did not receive such a letter. The union then mailed a certified letter to MPC demanding recognition and a bargaining meeting. MPC refused to accept delivery of the letter.

At about the same time, the Walcutts met with Ms. Nigro of Ger-Mar Temps and discussed the Walcutts’ proposal to transfer all MPC permanent employees to Ger-Mar’s payroll immediately.

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Bluebook (online)
912 F.2d 883, 135 L.R.R.M. (BNA) 2377, 1990 U.S. App. LEXIS 15343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mpc-plating-inc-cross-v-national-labor-relations-board-cross-ca6-1990.