Arthur N. Stephenson v. National Labor Relations Board

I

INTRODUCTION

Arthur N. Stephenson seeks review of an order by the National Labor Relations Board dismissing a complaint in which he alleged that his discharge by Fikse Bros. Inc. violated §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and 158(a)(3). The Board found that Stephenson had been discharged for cause and that the General Counsel had failed to prove discriminatory intent. For the reasons stated, we uphold the Board and deny the petition for review.

II

FACTS

Stephenson was employed as a truck mechanic at Fikse Bros. Inc. (hereafter “the Company”). The Company had a collective bargaining agreement with the Teamsters Union covering its drivers and mechanics, but prior to Stephenson’s employment, none of the mechanics had belonged to the union. The agreement provided that mechanics would be paid $5.07 per hour; however, Stephenson began his employment at $3.50 per hour.

In early December, 1973, the Teamsters informed Stephenson that he could join the union. On December 13, the Company’s supervisor Marvin Bahre discharged Stephenson because of slow work, poor work quality, and a lack of incentive. Stephenson testified that he had…