Duffy, Senior Circuit Judge, and Swygert and Cummings, Circuit Judges.
The National Labor Relations Board (Board) petitions for enforcement of its decision and order*fn1 issued on October 23, 1967, finding respondent Chicago Roll Forming Corporation (Company) and the Union guilty of violating respectively Section 8(a)(1) and (3) and Section 8(b)(1)(A) and (2) of the National Labor Relations Act (Act) as amended, (61 Stat. 136, 73 Stat. 519, 29 U.S.C. Sec. 151 et seq.) Although the Company has acquiesced in the Board's ruling, the Union challenges it.
The Board found that the Company and Union through their agent Bone respectively violated the Act by threatening various employees with reprisals and in discharging and causing the discharge of employees Scott, Hawkins and Walker because they engaged in protected union activities.
James Bone was the Union steward for the Company's production, maintenance and shipping employees. Harold Beebe was the Company's president; Gobal Stalker was the plant superintendent. Richard Schumacher was the Union business representative.
Bone, as Union steward, signed up employees for the Union. He would also present grievances including the matter of discharges to superintendent Stalker. Bone would aid an employee in his presentation of grievances to Stalker. If the matter was not resolved, Bone would then confer with Beebe.
Bone had additional responsibilities to those pertinent to his position as Union steward. For a period he was identified as "foreman" and leadman in the Company's paintshop and in September 1965, he became the leadman in charge of fifteen employees in the welding and fabrication department. As leadman, Bone was responsible for the completion by his department of work orders which had been given to him to fill.
Bone assigned jobs to the employees under him and described to them the welding work to be done. He trained new welders, inspected the work and ordered corrections when necessary. Bone had a desk in the welding department for the performance of paper work.
When Bone was short handed, he would inform superintendent Stalker who would either obtain additional help or would authorize Bone to get more help from the leadmen of other departments.
When there was overtime to be worked in either the welding department or elsewhere, Bone, after authorization by Stalker, would recruit and select the employees to handle same.
Bone occasionally recommended employees for hire, promotion, discipline and discharge, but he did not have final authority in these areas. Bone's duties as leadman took up about 50% of his time. Bone was paid by the hour and received the same overtime premiums that the hourly workers received.
Union member James Scott was a laborer under Bone in the welding and fabrication department, and had been employed by the Company for about three years.
During the week ending November 6, 1965, James Scott became concerned over Bone's concurrent duties as shop steward and as leadman for the Company. He and his wife drafted a protest letter stating that Bone could not give fair representation to the Union and to the Company at the same time.
Scott met with four Company employees at Scott's home. They all signed the protest letter. Scott solicited signatures of nine additional employees. Two of these, Walker and Hawkins, had been recently employed by the Company and were ...