National Labor Relations Board v. Amalgamated Meat Cutters & Butcher Workmen of North America

Upon an • application for enforcement of an order finding the respondent Union guilty of unfair labor practices under the National Labor Relations Act, as amended, 29 U.S.C.A. § 151 et seq., we are called upon to review the Board’s conclusions (1) that the Union violated § 8(b)(2) of the Act by causing Armour and Company, here called the Company, to discharge one Wyatt for his refusal to join the Union, and (2) that the Union violated § 8(b)(1) (A) by warning Wyatt and his wife, also an employee, that they would lose their jobs if they did not join the Union.

The Board’s finding on the first of these charges, namely, that the Union caused Wyatt’s discharge, is without support in the record, and must be rejected. The Union representative was Weborg. The employer’s representative was Gear-hart. The only testimony that Weborg demanded or requested of Gearhart that Wyatt be. discharged was that given by Wyatt. He testified that during a conversation with Gearhart, when Gearhart indicated that he should not come back to work the following morning, Gearhart said that “Weborg told me ‘I could not use you anywhere in the plant because you would not join the Union.’ ” Aside from this…