Wilson Trophy Company v. National Labor Relations Board, Wilson Trophy Company v. National Labor Relations Board

989 F.2d 1502
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 18, 1993
Docket92-2163, 92-2275
StatusPublished
Cited by37 cases

This text of 989 F.2d 1502 (Wilson Trophy Company v. National Labor Relations Board, Wilson Trophy Company v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson Trophy Company v. National Labor Relations Board, Wilson Trophy Company v. National Labor Relations Board, 989 F.2d 1502 (8th Cir. 1993).

Opinion

WOLLMAN, Circuit Judge.

Wilson Trophy Company petitions for review of a decision and order of the National Labor Relations Board; the Board cross applies for enforcement of its order; We affirm the Board’s decision and enforce its order.

I.

Wilson Trophy Company (Wilson) manufactures and' sells trophies and related products at its facility in St. Louis, Missouri. The facility includes an office area and a warehouse, which is divided into several departments. The office employees are not represented by any labor organization. The warehouse employees, on the other hand, are represented by the Leather Goods, Plastics and Novelty Workers’ Union, Local 160 (the “union”). The contract between the union and Wilson provides that the minimum starting rate for- full- *1505 time warehouse employees shall be $4.40 per hour. It further provides that after thirty days of employment, an employee’s wage rate will be increased by a minimum of ten cents per hour.

In the spring of 1991, Wilson hired several new warehouse employees. By June, the warehouse was buzzing with the rumor that these new employees were earning more than $5 per hour. This rumor upset those employees who had started at $4.40 per hour and were still earning less than $5 per hour. When Jeff Shell, a clerk in the shipping and receiving department of the warehouse, heard this rumor, he asked his immediate supervisor, John Miller, whether he knew anything about the new hires’ wages. Miller indicated that he did not. Later that day, Jeff visited his mother, Ruth Shell, who worked as an accounts receivable clerk in the Wilson office. While in her office, he informed her that some of the new warehouse employees were bragging about earning more than $5 per hour.

Kathy Miloshewski, Ruth Shell’s immediate supervisor and officemate, overheard the Shells’ conversation. She told Jeff that the wage rumors were untrue; everyone in the warehouse started at the union contract minimum of $4.40 per hour. After her conversation with. Jeff Shell, Miloshew-ski spoke with controller Charles Martin, who supervised the accounting department, and warehouse supervisor David Wall. She informed them that warehouse employees were discussing wage rates and that the whole warehouse was getting “worked up.”

Shortly after Jeff Shell had left his mother’s office, John Miller also came to Ruth Shell’s office to discuss the wage disparity issue. He too was upset about the rumor that the new hires were being paid more than he was. Martin observed their meeting and later that day asked Miller what he and Ruth Shell had discussed. Miller told Martin that they had discussed warehouse wage .rates.

Jeff Shell next talked to Wall, who was in charge of hiring warehouse employees, about starting wage rates in the warehouse. Wall said that everyone he had hired started at $4.40 per hour and then moved to $4.50 per hour after thirty days of employment. Following his conversation with Wall, Jeff Shell learned that Wall had given another. warehouse employee a different answer to a question about wage rates. Jeff told Ruth Shell about Wall’s different responses.

While in the warehouse the next day, Ruth Shell spoke with Jeff, his supervisor Miller, and Bill Martin, another member of the shipping and receiving department. She informed them that they should discuss the wage issue with the union shop steward, Barbara McGee. As the department supervisor, Miller volunteered to speak with McGee. McGee told Miller that she needed proof that employees were being started at higher wage rates before she could-.pursue the matter. McGee also stated that she believed that Wilson had the authority under the union contract to hire employees at a wage above the $4.40 per hour minimum contract wage. Miller relayed McGee’s comments to Jeff Shell and Bill Martin.

Unsatisfied with McGee’s answer, Jeff Shell, Miller, Martin, and Bill Henry, the fourth member of the shipping and receiving department, again spoke with Ruth Shell about the wage issue. They asked her to call the union to find out if they could do anything about the wage disparity without proof. Ruth Shell agreed to do so.

On June 20, 1991, Ruth Shell called the union. Miloshewski overheard Shell’s call and told Charles Martin about it. Almost immediately after Shell had called, Martin came into Shell’s office and asked her why she had called the union. According to Shell’s testimony, she responded that she wanted to know the proper procedure for handling the problem that existed in the warehouse. Martin asked what the problem was. Shell answered that her son Jeff had told her- that some warehouse employees had been bragging about earning five dollars per hour. Martin pointed his finger at her and told her that she was “not to call the union again for any reason or get further involved in the situation in the ware *1506 house or I will terminate you. And don’t think I won’t terminate you because if I find you further involved with the situation I will terminate you.” After this reprimand, Shell's relationship with Miloshewski deteriorated to the point where they quit speaking to one another.

Around this same time, Martin circulated to all accounting personnel a memorandum about the July 4 holiday. As Shell read the memo, she highlighted three spelling errors. According to Shell, she had highlighted the errors before she realized that she had to sign the memo and return it to Martin. Having unsuccessfully attempted to cover up the highlighting of the errors, Shell returned the memo to Martin.

On the morning of June 25, Ruth Shell received a call from Norman Stinger, vice president and manager of Wilson Trophy Company of Ft. Worth-Dallas, one of Wilson’s related companies, about an order he had received. Later that morning, Stinger called Martin and told him that Shell had been rude to him on the phone. According to Shell, however, Stinger was the one who had been rude.

When Ruth Shell returned from lunch that afternoon, Martin gave her a notice of termination. The notice reads as follows:

On Thursday, June 2[0], at 1:15 p.m., Mrs. Ruth Shell received a verbal warning from her supervisor, Charles R. Martin for her involvement in activities not related to the performance of her job. These activities served to increase an unnecessary disturbance in the workplace. She was told that any additional involvement in these activities would result in her termination from her position.
Since that time, Mrs. Shell's attitude continues to be a disruption in the workplace. She demonstrates an inability to cooperate and get along with her coworkers as evidenced by complaints received by management from other personnel in her department. This inability to cooperate and get along extends to management as well. An internal memo was recently circulated in the accounting department with instructions to sign the notice and return it to her supervisor. Mrs. Shell returned the memo with spelling errors highlighted. A complaint was also received from the manager of one of Wilson Company’s related companies.
As management does not feel that the poor attitude demonstrated by Mrs. Shell will improve, it is in the best interest of the Accounting Department and the company in general that her employment with Wilson Company be terminated.

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Bluebook (online)
989 F.2d 1502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-trophy-company-v-national-labor-relations-board-wilson-trophy-ca8-1993.