O. G.Harp Poultry and Egg Co.

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1129 (N.L.R.B. 1943)

In the Matter of O. G. HARP, DOING BUSINESS AS O. G. HARP POULTRY
AND EGG COMPANY and AMALGAMATED MEAT CUTTERS AND BUTCHER
WORKMEN OF NORTH AMERICA, LOCAL No. 92
Case No. C-2351.-Decided January 16, 1943
Jurisdiction : poultry products industry.
Unfair Labor Practices
Interference, Restraint, and Coercion: anti-union statements; surveillance of
union meeting; granting of wage increase, adoption of no-talking rule, and
shifting of active union members from their' regular jobs in order to dis-
courage union activity ; threats to close plant if union should be successful.
Discrimination: discharge of three employees for union membership and
activity.
Remedial Orders : cease and desist unfair labor practices ; reinstatement and
back pay awarded.
DECISION
AND
ORDER
On September 25, 1942, the Trial Examiner issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
respondent had engaged in and was engaging in certain unfair
labor practices and recommending that it cease and desist therefrom
and take certain affirmative action as set out in the copy of the
Intermediate Report attached hereto. Thereafter the respondent
filed exceptions to the Intermediate Report 'and a brief in support of
the exceptions. The -Union has not excepted to' the findings and
recommendations of the Trial Examiner. During the hearing the
Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and ' finds that no prejudicial error was
committed. The rulings are hereby affirmed. The Board has con-
sidered the Intermediate Report, the exceptions, the brief, and the
entire record in the case, and hereby adopts the findings, conclusions,
and recommendations of the Trial Examiner with the exceptions
and qualifications noted below.
With respect to the discharge of Theron McCabe; we do not con-
cur in the Trial Examiner's finding that the government inspector
46 N. L. R. B., No. 133.
1129
1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
found barrels packed by employees other than McCabe, to be short
weight, although the record shows that other employees did pack
short weight barrels, to Whitely's knowledge. • The evidence, never-
theless, clearly sustains the Trial Examiner's conclusion that McCabe
was discharged because of his union affiliation and activities. The
record discloses that despite McCabe's protests concerning the weak-
ened condition of his hand, Whitely required McCabe to perform
by himself work which at all other times, before and after the night
in question, was done by two men; and that Whitely discharged
McCabe immediately thereafter,- allegedly for his lack of success in
performing the "experiment." In view of the respondent's hostility
to the Union and Whitely's statement to McCabe that he had lost
confidence in McCabe since the latter had joined the Union, we are
convinced and find that Whitely selected McCabe to work alone on
this occasion, in order to furnish a- pretext for discharging him.
Although McCabe was purportedly reinstated on the day of this
discharge, he was finally discharged by Whitely that night for the
stated reason that the government inspection had disclosed three
short weight barrels packed by McCabe. It appears that Whitely
discovered then, if he had not known it before, that other employees
had also been packing, short weight barrels, but despite this, as he
admitted to McCabe, he chose to make McCabe the "goat." We are
convinced that Whitely ordered McCabe's discharge on both occa-
sions for the same discriminatory motive, and find, as did the Trial
Examiner, that McCabe was discharged because of his union% affilia-
tion and activities.
ORDER
Upon the entire record in the case, and pursuant to"Section 10 (c) -
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, O. G. Harp, doing business
as O. G. Harp Poultry and Egg Company, Shawnee, Oklahoma, and
his agents, successors, and assigns, shall:
1. Cease and desist from:
(a) Discouraging membership- in Amalgamated Meat Cutters and
Butcher Workmen of North America, Local No. 92, affiliated with,
the American Federation of Labor, or any other labor organization
of his employees, by discriminating in regard to the hire or tenure
of employment,or any term, or condition of employment;
(b) In any other manner interfering with, restraining,-or coercing
.his' employees in the exercise of the right to self-organization, to
'form, join, or assist labor organizations, to bargain collectively
through representatives - of their own choosing, and to engage in
O. G. HARP POULTRY AND EGG COMPANY 1131
concerted activities for the purposes of collective bargaining or other
mutual aid' or protection, as guaranteed in Section 7 of the Act. '
2. Take the following affirmative action which ' the Board finds
will effectuate the policies of the Act :
(a) Offer to Theron McCabe, Jane Beck, and.Giva Myers immedi-
ate and full reinstatement to their former or substantially equivalent
positions without prejudice to their seniority or other rights and
privileges ;
(b) Make whole Theron McCabe, Jane Beck, and Giva Myers for
any loss of pay they may have suffered by reason of the respondent's
discrimination, by payment to each of them of a sum of money equiv-
alent to that amount which he or she normally would have, earned
as wages from the date of his or, her discharge to the date of the
respondent's offer of reinstatement, less his or her net earnings dur-
ing said period;
(c) Post immediately in conspicuous places in his plant at Shawnee,
Oklahoma, and maintain for a period of at least sixty (60) consecu-
tive days from the date of posting, notices to his employees stating :
.(1) that the respondent will not engage in the conduct from which,
he is ordered to cease and desist in paragraphs 1 (a) and (b) of this
Order; (2) that the respondent will take the affirmative action set
forth in paragraphs 2 (a) and (b) of this Order; and (3) that the
respondent's employees are free to become or remain members of
Amalgamated Meat Cutters and Butcher Workmen of 'North
America, Local No. 92, affiliated with the American Federation of
`Labor, and that the respondent will not discriminate against any
employee because of his membership' in or activities on behalf of
that organization;
(d) Notify the Regional Director for the Sixteenth Region in
writing'within ten (10) days from the date of this Order, what steps
the respondent has taken to comply herewith.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.
INTERMEDIATE REPORT
Mr. Fontaine Martin Jr., for the Board.
Goode & Goode, by Mr. John L Goode, of Shawnee, Okla., for the respondent.
Mr. K. M. Sims, of Oklahoma City, Okla. for the Union.
STATEMENT OF THE CASE
Upon an amended charge duly filed by the Amalgamated Meat Cuters and
Butcher Workmen, North America, Local 92, affiliated with the American Fed-
eration of Labor, herein called the Union, the National Labor Relations Board,
1132 DECISIONS . OF NATIONAL LABOR RELATIONS BOARD
herein called the Board, by its Regional Director for the Sixteenth Region