Before SCHNACKENBERG, KNOCH and SWYGERT, Circuit Judges.
KNOCH, C. J.: This matter is before us on the petition of Revere Copper and Brass, Incorporated, (hereinafter sometimes called "Revere") filed pursuant to § 10(c) of the National Labor Relations Act, as amended, Title 29 U.S.C.A. §§ 151, et seq., to review an order issued by respondent, the National Labor Relations Board, on October 4, 1962, and on the Board's cross-petition for enforcement of that order.
On motion of its counsel, the International Asociation of Machinists (hereinafter sometimes called the "Union") was allowed to intervene in the proceedings before this Court and to file its brief as amicus curiae .
The Board found that Revere
The Board also adopted the conclusions of the Trial Examiner that:
4. By discriminating in regard to the hire and tenure of employment of Reuben Monkman, Respondent engaged in unfair labor practices within the meaning of Section 8(a)(3) and (1) of the Act.
5. By interrogating its employees, as found herein, and by discriminating against Reuben Monkman, Respondent rendered unlawful assistance and support to a labor organization, and engaged in an unfair labor practice within the meaning of Section 8(a)(2) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act.
The Board ordered Revere to reimburse 27 employees (with interest) for initiation fees and dues which Revere had deducted from their wages and remitted to the Union, to reinstate Reuben H. Monkman, the charging party, who had been discharged, and to pay him (with interest) for lost wages.
The Union was not found to be guilty of any unfair labor practices and was not held jointly liable with Revere for the reimbursement order.
The incidents giving rise to these proceedings occurred during the course of collective bargaining between Revere and the Union with respect to Revere's factory at Clinton, Illinois. A prior agreement which expired November 18, 1961, had contained a clause under which all prospective new employees were to join the Union, and all present employee-members were to maintain their membership as a condition of employment unless the latter took advantage of a two-week "escape period" during which they might resign from the Union. Non-members currently in Revere's employ were not required to join.
The parties agree that during the contract negotiations which began in November, 1961, the Union sought provisions requiring all employees to join the Union after thirty days.
Revere operates 19 plants. It has an established policy of not granting a union shop contract at any plant. The Union threatened to strike over this issue at the Clinton plant.
In the course of these negotiations, it was suggested to Revere that 100% membership of the 400-employee unit at the Clinton plant would eliminate the need for a full union security provision in the contract. Revere officials were given the names of their 28 non-member employees at Clinton. Although no promise of cooperation with the Union was made, the Revere ...