National Labor Relations Board v. Jakel Motors, Inc.
Opinion of the Court
This is a petition for enforcement of an order of the National Labor Relations Board (“NLRB” or “Board”). Respondent Jakel Motors, Inc. (“Jakel”) challenges the Board’s finding that the company violated section 8(a)(3) of the National Labor Relations Act (the “Act”), 29 U.S.C. § 158(a)(3), with respect to the discharges, transfers, and/or failures to recall twelve employees. Upon reviewing the administrative law judge’s (“ALJ”) comprehensive findings of fact, which were adopted by the Board, and considering the parties’ briefs and oral arguments, we find Jakel’s arguments to be without merit and, accordingly, grant the petition for enforcement.
I.
Jakel is an Illinois corporation engaged in the manufacture and sale of small electric motors with production facilities in Highland, Illinois, and Palestine, Illinois. The company is family-owned and run primarily by several of the Jakel brothers. During March 1985, Jakel employees began a union organizing effort which culminated in a Board election held on October 4,1985. Jakel’s flagrant anti-union response to this organizing effort resulted in an NLRB finding of more than thirty violations of section 8(a)(1) of the Act. The violations included coercive interrogation of employees; threatening employees with plant closures, discharges, retaliatory transfers of work, loss of jobs, less desirable work assignments, and unfavorable employment references; telling employees that they or certain named co-workers had been discharged because they were pro-union; telling employees that their union activities were futile because the company would never negotiate or sign a contract with the union; engaging in surveillance of union meetings; prohibiting employees from distributing union literature on company property; and promulgating an overly broad no-solicitation/no-distribution rule. Jakel does not contest these findings, and we summarily affirm the section 8(a)(1) violations. NLRB v. Industrial Erectors, 712 F.2d 1131, 1134 (7th Cir. 1983).
II.
The legal framework for review of an NLRB decision was aptly stated by this court in NLRB v. Dorothy Shamrock Coal Co., 833 F.2d 1263 (7th Cir. 1987):
Our task is to determine if the judgment of the NLRB is supported by substantial evidence on the record as [a] whole. We must defer to the expertise of the Board and will not displace its reasonable inferences even where a plenary review of the record might yield a different result. Moreover, we “must accept the Board’s credibility findings unless the party challenging [those determinations] establishes [that] ‘exceptional circumstances’ ” justify a different result.
Id. at 1265 (citations omitted). The Shamrock court also stated the burdens of proof for a section 8 violation and commented on the types of evidence on which the Board may rely:
The General Counsel carries the burden of proving the elements of a section 8 unfair labor practice. Thus, the Counsel must establish that the discharge or other adverse labor practice was “based in whole or in part on antiunion animus— or ... that the employee’s protected conduct was a substantial or motivating factor in the [employer’s] adverse action.” The employer, however, may avoid liability by showing that his actions would have been the same “regardless of his forbidden motive.”
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The Board, however, is “free to rely on circumstantial as well as direct evidence” in assessing motive.
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[The timing of the adverse action] also serves as evidence of the Company’s motive.
Id. at 1266, 1267, 1267-68 (citations omitted).
As to each employee, Jakel denies that anti-union animus was a motivating factor in its decision and contends that each adverse employee action was taken for nondiscriminatory reasons. We initially note that Jakel’s denial of any anti-union animus is belied by the uncontested findings of the Board that Jakel committed numerous, flagrant, and widespread acts of interference, restraint, and coercion in violation of section 8(a)(1). With respect to Jakel’s claim that despite any purported anti-union animus, the adverse employee actions were motivated by non-discriminatory reasons, we will briefly summarize the main points of evidence supporting the Board’s findings.
Transfers and Discharges of Theresa Buzick, Cynthia Strowmatt and Claralea Beckering
Theresa Buzick initiated the organizational effort at Jakel’s Highland plant. In March 1985, she contacted the union headquarters, and an organizing meeting was set for June 12. Buzick, Strowmatt and Beckering all attended and signed authorization cards at that meeting. Daniel Jakel and another Jakel official conducted unlawful surveillance of the meeting.
Discharge of Jo Ann Pryor
Pryor did not attend the June 12 meeting. However, on June 13, a Wednesday, she was unlawfully interrogated by a Jakel supervisor about whether she had attended the meeting and whether she was for the union.
Discharge of Sabra Rench
Each Jakel production employee was rated for efficiency on a weekly basis. If an employee’s efficiency rating fell below the acceptable standard, that employee was ordinarily given a warning and a period of time to improve. Rench’s efficiency ratings during April and May, 1985, fell below standard. On about May 31, Daniel Jakel called Rench to his office and explained to her that they wanted to keep her but that she would have to improve her efficiency ratings. The AU credited Rench’s testimony that Jakel gave her a 3-month probationary period to get her efficiency rating up to standard. Rench attended the June 12 union meeting which, as noted, had been unlawfully monitored by Daniel Jakel. On June 17, the same day that Robert Jakel delivered his anti-union speech and Daniel Jakel transferred Strow-matt and Beckering to the Palestine plant
Failure to Recall Vivian Cox, Janet Franklin, and Diana Hauger
On June 21, in anticipation of reopening the Palestine plant, Jakel conducted interviews of laid-off employees who desired to return to work. Cox, Franklin and Hauger were among those employees
Discharges of Elizabeth Nye and Deborah Westbrook
Nye and Westbrook were active union supporters who had worn union buttons on a daily basis, had attended union meetings, had distributed union literature to employees, and had solicited employees to sign authorization cards. In addition, Nye had co-authored and signed a letter published in a local newspaper detailing the company’s treatment of employees Buzick, Strowmatt and Beckering. Company President Robert Jakel later characterized the letter as the “Norma Rae” letter. Both employees had consistently high efficiency ratings and neither had ever been disciplined or warned. In fact, Nye had been designated “Quality Employee of the Month” in January 1985. On July 2, Nye and Westbrook were suddenly discharged. Jakel offered no explanation for the firings to either the AU or to this court. In its brief on appeal, Jakel merely argues that the company did not know of their union activities. The argument is without merit.
Discharge of Rodney O’Brien
Like Nye and Westbrook, O’Brien was a very active and visible union supporter. In an employee evaluation dated April 25, O’Brien had received high ratings in every category. He had never been disciplined nor received any warnings or reprimands of any kind. On June 27 and again on July 1, a Jakel manager warned O’Brien to be careful because the company was looking for a reason to fire him. Thereafter, a series of eight memos citing a decline in O’Brien’s work found their way into his personnel file. On July 23, he was discharged. The AU found both the circumstances and the content of the eight memos to be suspect, and we agree. Substantial evidence on the record as a whole supports the Board’s finding with respect to O’Brien.
Transfer of Clyde Hentz
On September 24, Hentz attended a union meeting. On October 3, Daniel Jakel called Hentz to his office and demanded to know how Hentz intended to vote in the union election and threatened him with replacement if he did not vote for the company.
III.
For the reasons stated herein, the judgment of the National Labor Relations Board is ENFORCED.
. The unlawful surveillance formed the basis for one of the section 8(a)(1) violations.
. This interrogation formed the basis for another of the section 8(a)(1) violations.
. Buzick was not at work on the 17th, so she was not informed of her transfer until the next day, June 18.
. These interrogations were found to violate section 8(a)(1).
. The interrogation and threat were found by the Board to violate section 8(a)(1).
Reference
- Full Case Name
- NATIONAL LABOR RELATIONS BOARD, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-UAW, Intervenor v. JAKEL MOTORS, INC., Jakel Manufacturing Company, Inc., and Jakel Incorporated, Single Employer
- Cited By
- 2 cases
- Status
- Published