Beruflich Dokumente
Kultur Dokumente
2d 725
This case involves a more or less typical controversy between employer and
employees. In the week of July 7, 1952, following the shutdown of the plant in
the Village of Falconer, Chautauqua County, New York, during a vacation
period, there began a concerted effort to unionize the employees. The discharge
of the principal organizers, Cavallaro and Carlton, and the practically
simultaneous announcement of an increase in wages and the granting of four
paid holidays commencing with Labor Day, September 1, 1952, and an
"incentive plan," coupled with a certain amount of interrogation of employees
and conduct which was readily susceptible of the interpretation of a threat of
discharge for union activities, present the usual issues of credibility. That there
was ample justification for the discharge of Cavallaro for "visiting" and of
Carlton for "absenteeism" is all too apparent. But the record justifies the
conclusion reached by the triers of the facts that Pickard the president and
Ruby the plant superintendent were aware of the efforts to unionize the factory,
despite their denials, and numerous conversations and attendant circumstances,
Cir., 176 F.2d 370; and the demand seems to have been a mere shot in the dark.
Needlessly to require the disclosure of such confidential data would serve no
useful purpose, and the establishment of a precedent favoring such procedure
would inevitably impair the functioning of the investigatory powers of the
Board.
3
Notes:
1