Before BIGGS, Chief Judge, FORMAN and GANEY, Circuit Judges.
GANEY, C.J.: The National Labor Relations Board found that the Delsea Iron Works, Inc. ("Company"), committed unfair labor practices in violation of § 8(a)(5) and (1) of the Labor Management Relations Act, 29 U.S.C.A. § 158(a)(5) and (1), by refusing to bargain with Local 676, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America ("Local 676"), and by interfering with its employees in the exercise of their rights guaranteed by § 7 of the Act. Delsea Iron Works, Inc., and Local 676, 140 NLRB 1316 (1963).
The local union had been certified as the exclusive bargaining representative of the Company's production, maintenance and truck driving employees. The matter is before us on petition of the Board for enforcement of its order requiring the Company to desist from continuing to commit those unfair labor practices. This is the Company's second time around.
The events which led to the Board's certification of Local 676 as the exclusive bargaining representative of the Company's employees were relevant to the Board's earlier determination that the Company had committed unfair labor practices in disregard of § 8(a)(3) and (1) of the Act by discharging thirteen of its fifteen employees and by later refusing to reinstate eleven of them. The Board ordered the Company to offer reinstatement to the eleven employees with backpay, and to desist from discouraging membership in any labor organizaion of its employees by discriminating in regard to their employment, or interfering with its employees in the exercise of their rights to bargain collectively. Delsea Iron Works, Inc., and Local 676, 136 NLRB 453 (1962). In a per curiam opinion, the order was enforced.NLRB v. Delsea Iron Works, Inc ., 316 F.2d 231 (C.A. 3, 1963). The Company did not appeal from the order of this court.
On May 8, 1961, thirteen of the Company's fifteen production employees went on strike in protest against what they considered as unsatisfactory working conditions at the Company's plant in Millville, New Jersey. At the time the strike was called the Company had not recognized any labor organization as the collective bargaining agent of its employees, a valid election within the preceding twelve-month period had not been held for the purpose of determining who should be the bargaining agent for that group of employees, and the Company was not a party to a currently operative collective bargaining agreement. The Company responded to the walkout by firing all thirteen of the striking employees. Thereafter, the Company hired men to replace the discharged employees. On May 10, the striking employees, under their own organization, began picketing the Company's plant. The pickets carried signs stating:
Unfair Substandard Conditions
Delsea Iron Works, Inc., Independent
On May 15, after a representative group of the striking employees met with Local 676, the sign carried by the picketing employees read:
International Brotherhood of
Teamsters, Chauffeurs, ...