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National Labor Relations Board v. Frick Co.

decided: June 17, 1968.

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
FRICK COMPANY



Biggs, Seitz, and Van Dusen, Circuit Judges.

Author: Biggs

BIGGS, C.J.:

The National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. ยง 160(e), seeks enforcement of its order against the Frick Company based on a finding that the latter violated Sections 8(a)(1) and (3) of the Act by dropping*fn1 union employees from its payroll and by depriving them of earned vacation benefits because they engaged in an economic strike. The Board also based its order on a finding that Frick had violated Section 8(a)(1) by threatening striking employees with the forfeiture of vacation benefits and the loss of job rights; by dealing directly with the strikers in an effort to induce them to abandon the strike; and by engaging in surveillance of strikers who were soliciting funds to support the strike.*fn2

The relevant facts are as follows. After a one day strike, Frick agreed, on April 1, 1965, to recognize the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO, as the bargaining representative of the production and maintenance employees of its Waynesboro, Pennsylvania plant. Between April 5 and May 14 the parties, except for one minor exception, met on Monday and Friday of each week in bargaining sessions aimed at concluding a mutually satisfactory collective bargaining agreement. The sessions resulted in an impasse and consequently, on May 17, the union called a strike.*fn3

At some time subsequent to the meeting on May 14, the following form was prepared for all employees who went on strike on May 17 and in accordance with its terms was marked to be effective on May 24. A copy was made for each employee and placed in his official file.

" CHANGE IN EMPLOYEE'S STATUS

Employee Name

Clock No.

Effective Date 5-24-65

Detail of Removed from payroll as a Quit effective

Change May 24, 1965; absent seven calendar days on unauthorized basis.

Absence is in violation of the following paragraph extracted from page 2, under heading Tardiness-Absence, in booklet Frick Employees' Manual, Rules and Regulations, August 1956:

An employee absent seven (7) consecutive calendar days for an unauthorized or unexplained reason will be considered to have quit the employ of the Company. His ...


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