Extract
ABC Machine and Welding Service, 944 (1958)
-944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 'T. C. Wagster, d/b/a ABC Machine and Welding Service and District No. 9, International Association of Machinists, AFLCIO and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, and International Brotherhood of Boilermakers , Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local No. 27,
AFL-CIO, Parties to the Contract. Case No. 14-CA-1695.January 14, 1959 DECISION AND ORDEROn June 25, 1958, Trial Examiner Sidney Lindner issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the complaint and recommending that the complaint be dismissed in its entirety, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed.The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner to the extent consistent with our decision herein.1. The Trial Examiner found that the General Counsel had not sustained his burden of proving that the Respondent had violated Section 8(a) (2) of the Act, and accordingly recommended that this allegation of the complaint be dismissed. We disagree with the ,conclusion of the Trial Examiner in this respect.The pertinent facts relating to the complaint's 8(a) (2 ) allegations are set forth in the Intermediate Report. Briefly, they show that ,on September 9, 1957, the Respondent discharged employee Lowe, an organizer for District No. 9, International Association of Machinists, AFL-CIO, herein called the IAM. Four days thereafter, ,on September 13, 1957, the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers,AFL-CIO, and its affiliated Local No. 27, herein called the Boilermakers, received an anonymous phone call requesting a representative to 'talk to the boys' at the Respondent's shop. Employees Lucy and Wyatt testified credibly that Milton Wagster, the Respondent's ,son, told them that it was the Respondent who had called t...See the full content of this document
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