National Labor Relations Board v. Power Equipment Co. (319 F.2d 861, 1963)

DECREE.

This cause came on to be heard upon the petition of the National Labor Relations Board to enforce its order dated February 8, 1962, directed against the Respondent in the above-captioned case. The Court heard argument of respective counsel on December 5, 1962, and has considered the briefs and transcript of record filed in this cause. On February 15, 1963, the Court, being fully advised in the premises handed down its opinion 6 Cir., 313 F.2d 438 in which it decreed enforcement of the order of the Board subject to modification of the order with reference to employees wearing bowling shirts with union insignia inscribed thereon during working hours. The Court remanded the case to the Board with instructions to fashion an order in accordance with the modification. On April 30, 1963, the Board filed its Motion for Entry of Decree with a proposed Decree modifying the Board’s order. Thereafter, counsel for Respondent filed a motion in opposition to the order as submitted by the Board and sought requirement of alternative provisions for paragraph 1(b) of the order, applicable to the wearing of clothing bearing union insignia by Respondent’s employees during working hours; and for paragraph 1(c) of the order prohibiting interference, restraint or coercion by Respondent with employee rights relative to the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, AFL-CIO, or any other labor organization; and the appropriate paragraphs of the Notice which Respondent is required to post. On June 5, 1963, upon consideration of the motions and the order, the Court handed down its opinion 6 Cir., 318 F.2d 717 finding more appropriate the alternative provisions for paragraph 1(b) submitted by counsel' for the Respondent, also approving the provisions of paragraph 1(c) as submitted by the Board. In conformity therewith, it is hereby

Ordered, Adjudged and Decreed by the United States Court of Appeals for the Sixth Circuit that the Respondent, Power Equipment Company, its officers, agents, successors, and assigns, shall:

1. Cease and desist from:

(a) Promising benefits to employees if they abandon union or other concerted activity.

(b) Ordering or requiring employees to remove bowling shirts worn during working hours bearing initials or other identification of International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, AFL-CIO, or any other labor organization, and threatening employees with discharge if they are worn again during working hours, but nothing herein shall preclude Respondent from adopting and! enforcing generally on a basis non-discriminatory to any person, group or organization a Company rule regulating employees’ clothing or prohibiting the wearing of athletic shirts or insignia upon clothing, or clothing of an unusual nature during working hours, or ordering the removal of such clothing or insignia in any case where such order is based on reason.