National Labor Relations Board v. Taylor MacHine Products, Inc.

136 F.3d 507, 157 L.R.R.M. (BNA) 2449, 1998 U.S. App. LEXIS 2220
Court of Appeals for the Sixth Circuit·Decided February 18, 1998·No. 96-6047·Published·Cited by 26 cases

Opinions

KENNEDY, J., delivered the opinion of the court, in which CLAY, J., joined. NATHANIEL R. JONES, J. (pp. 520-521); delivered a separate opinion concurring in part and dissenting in part.

OPINION

KENNEDY, Circuit Judge.

The National Labor Relations Board (hereinafter, “NLRB” or “Board”) petitions for enforcement of a final order against Tay[510] lor Machine Products, Inc. (“Taylor”) issued July 21, 1995, reported at 317 NLRB 1187, 1995 WL 437226 (1995). For the following reasons we grant enforcement, with the exception of the Board’s order to recognize and bargain directly with the Union.

I. Factual Background and Procedural History

A. Factual Background

Taylor produces small brass and steel parts, and sells them directly to America’s largest automakers, as well as to other manufacturers of parts for automakers. Taylor divides its manufacturing processes into “core” and “secondary” operations. In the eore operations unit, machinists cut and shape auto parts. Approximately sixty percent of Taylor’s products are sold to customers without further processing. The remaining products require additional processing in the secondary operations division. Prior to August 6, 1992, Taylor housed both the core and secondary operations in its only plant, located in Taylor, Michigan.

In January, 1992, Local Lodge 82, District Lodge 60, International Association of Machinists and Aerospace Workers, AFL-CIO-CLC (“Union”) began an organizing campaign among Taylor’s fifty-eight production and maintenance employees. The Union held an organizational meeting on Sunday January 26, 1992; by the end of the day, thirty-nine employees had signed a petition authorizing the Union to represent them in collective bargaining with their employer. The next day, the Union filed a petition for Board election and certification as the collective-bargaining representative for the production and maintenance employees. Pursuant to this petition, an election was held on March 25, 1992. Of the voters, thirty-one voted in favor of the Union and twenty-three cast ballots in opposition to Union representation. Five remaining ballots were challenged and not counted.

Taylor filed timely objections, alleging that conduct by the Union and its supporters tainted the election results. On May 28, 1992, a hearing officer of the Board recommended that the election be overturned on the basis of third-party conduct. The hearing officer specifically found that in connection to the union campaign, union supporters vandalized two cars and two bicycles owned by anti-union workers. It also concluded that union supporters threatened workers opposed to unionization with physical harm and property damage. In one instance, a union supporter told a worker opposed to the union, who was wearing an anti-union button on her left lapel, that would be “the wrong place to be wearing that button if a bullet were shot.” On October 15, 1992, the Board’s Acting Regional Director acted on the hearing officer’s recommendation, set aside the election, and ordered a new election. The Board held the order in abeyance pending the outcome of the instant unfair labor practice complaint in which the General Counsel sought an order requiring Taylor to bargain directly with the Union.

The complaint in this case, filed on November 10,1992,1 alleged that Taylor, through as many as nine of its officers, managers, and supervisors, committed a variety of unfair labor practices in violation of section 8(a)(1) of the Labor Management Relations Act of 1947, (the “Act”), 29 U.S.C. § 158.2 The complaint also asserted that the following actions taken by Taylor violated section 8(a)(3)3 of the Act: (1) the June 12 discharge of employee James Howells; (2) the July 6 discharge of employee Gene Wilson; and (3) the August 6 relocation of the secondary [511] operations machines to a new facility in Kentucky and discharge of six employees who had been assigned to operate those machines. Finally, the complaint alleged that Taylor’s refusal to bargain over the transfer of secondary operations violated section 8(a)(5) of the act.4 Respondent Taylor denied the commission of any unfair labor practices and contested the majority status of the Union.

B. Findings and Recommendations of the Administrative Law Judge

1. Violations of § 8(a)(1)

In a decision dated April 12, 1994, the Administrative Law Judge (“ALJ”) made findings of fact and concluded that Taylor had engaged in four separate types of conduct that violated § 8(a)(1).5 The Board adopted the ALJ’s findings and recommended remedies. We set forth the findings of fact at considerable length because of their importance to the issue of whether a bargaining order was appropriate in this case.

a. Threats

The ALJ concluded that Taylor’s owner and several of its high-level employees threatened workers in violation of § 8(a)(1). On the basis of testimony by employees Charles Warren and Elmer Ferrell, as well as former employees Bonnie Warren and Gene Wilson, the ALJ found that on Monday January 27, 1992, the day after the Union meeting, then plant manager Pat Cassiopia called employees Charles Warren and Gene Wilson separately into his office. The ALJ determined that Cassiopia told Charles Warren that “some employee was going to get fired because of the union activities” and warned Wilson that Charles Jones, the owner, “would close the doors” if the Union won the election. The ALJ found that Cassiopia, later in the same week, also called Bonnie Warren and Elmer Ferrell into his office and told them “that the shop was too small to have a union and that the doors would be closed if the employees were successful in their organizational attempt.” Respondent did not call Cassiopia — who by that time had' been fired by respondent — to testify. The ALJ found the unrebutted testimony of Wilson, Ferrell, and the Warrens to be credible.

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National Labor Relations Board v. Taylor MacHine Products, Inc., 136 F.3d 507, 157 L.R.R.M. (BNA) 2449, 1998 U.S. App. LEXIS 2220 (6th Cir. 1998).

136 F.3d 507 (National Labor Relations Board v. Taylor MacHine Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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