National Labor Relations Board v. Texas Independent Oil Company, Inc.

This is a petition by the National Labor Relations Board for enforcement of its order of April 30, 1954, directed against respondent, Texas Independent Oil Company, Inc., ordering it to cease and desist from unfair labor practices, and to reinstate four employees: Van Horn, Cox, Richins, and Almada, with back pay.

Respondent in 1953 started a truck line for the transportation of gasoline from a refinery at El Paso, Texas, to Phoenix, Arizona. M. A. Quisenberry was employed by the company to set up the operation and to employ the men necessary to institute and maintain operations between Phoenix, Arizona; Lordsburg, New Mexico; and El Paso, Texas.

The trial examiner found that in hiring men, Quisenberry was greatly influenced by the fact of whether the particular man was or was not in good standing in the union, or was or was not inclined to promote union activities on the job. Credited testimony was given at the trial that Quisenberry would ask prospective drivers whether or not they were union members, and various other questions that were designed to convey the idea that their chances of continued employment would be seriously affected by their engaging in union activities.…