Merry in His Oldsmobile

As a test driver for South Bend's Studebaker Corp., Elmer Kovach spent his working days putting Studebakers through their paces. But in his off hours, Kovach preferred to drive a 1953 Oldsmobile. This preference soon got Kovach in trouble with fellow members of the United Auto Workers' (C.I.O.) Local 5 in the plant. One day last summer, two union stewards dropped by with a little advice. It might be a good idea, they said, to trade his Olds in on a Studebaker; the union had decided workers should drive nothing but Studebakers, since it was a matter of jobs in a tightening auto market. Kovach flatly refused. Shortly afterward, at the request of the union, Kovach was laid off, along with 14 other workers who had refused to buy Studebakers. Explained a union official: "As long as I can remember, the rule around here has been that Studebaker employees drive Studebaker automobiles."

Four of the 15 soon were driving Studebakers--and were back at work. But Kovach appealed his dismissal to the National Labor Relations Board, arguing that under the Taft-Hartley Act it was unfair for the company to fire him to enforce any union rule unrelated to the payment of union dues. Said he: "I work my 40 hours, earn my pay. What I do with my money is my own business." Last week the NLRB agreed with Kovach, cited both union and Studebaker for an unfair labor practice.

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