National Labor Relations Board v. National Seal, Division of Federal-Mogul-Bower Bearings, Inc.

The National Labor Relations Board has petitioned this Court for enforcement of its order issued March 21, 1963 against the Respondent, National Seal, Division of Federal-Mogul-Bower Bearings, Inc. ( 141 NLRB No. 17 ).

There is no controversy on the facts as the case was submitted to the Board entirely upon stipulation.

National Seal, Respondent, is engaged in the manufacture of automobile parts in its plant at Downey, California. For a number of years it engaged in collective bargaining with Local 171, United Rubber, Cork, Linoleum and Plastic Workers of America, AFL-CIO (hereinafter referred to as the “Union”).

The agreement between the company and the Union expressly provided for a sixty (60) day probationary period for all new employees, who, during such probationary period, were not to be regarded as regular employees and who, in case of discharge, had no recourse to the grievance procedure. At the end of the sixty-day probationary period, names of such employees would either be placed on the regular payroll or their names would be removed from the payroll.

The Company had adopted a practice whereby such probationary period was required to be completed without…