Walter Walker, Doing Business As The Accurate Tool Company And International Union, United Automobile, Aircraft And Agricultural Implement Workers Of America, Affiliated With The Congress Of Industrial Organizations, 753 (1943)

Docket Number: C-4624

Parts: 768

Linked as:

Extract

In the Matter of WALTER WALKER, DOING BUSINESS AS THE ACCURATE TooL COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE,

AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,

AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-4624.-Decided Jzuly 7, 1943 DECISION AND ORDER On May 22, 1943, the Trial Examiner issued his Intermediate Report in the above-entitled proceeding, finding that the respondent had engaged in and was engaging in certain unfair labor practices, and recommending that it cease and desist from the unfair labor practices found and take certain affirmative action as set out in the copy of the Intermediate Report attached hereto. Thereafter the respondent filed exceptions to the Intermediate Report, and a supporting brief. Oral argument was held before the Board in Washington,

D. C., on July 15, 1943. The Board has considered the rulings of thi Trial Examiner at the hearing and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the respondent's brief and exceptions, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the additions noted below.

1. The respondent contends that since Victor LaTorre spent a large part of his time on union affairs on June 16, 1942, his testimony that he requested permission of the respondent Walker to take the day off because he was ill is unworthy of belief and hence no credence should be given to any of LaTorre's testimony. However, there is undisputd testimony, in addition to that of LaTorre's, that LaTorre did in fact visit a doctor on June 16 and was advised to stay away from work.

Moreover, the respondent Walker admitted that, upon his request,

LaTorre submitted a doctor's certificate which indicated that LaTorre had been treated on June 16. Walker also testified at one point that LaTorre had complained of being ill and had stated that he wished to see a doctor. Upon the basis of the entire record, we, like the Trial Examiner, credit the testimony of LaTorre. In any event, while it may be that LaTorre took advantage of his day off to advance the Union's cause, it is clear, particularly in view of the respondent's inconsistent defenses and expressed antipathy to the Union, that. he was not discharged for that reason. Like the Trial Examiner, we find that LaTorre was discharged because of his union membership and activity in violation of the Act.

2. The respondent contends that Joseph Sorrentino's insistence that he had been naturalized on March 22, 1943, in the face of proof introduced by the respondent to show that he had merely filed an application ...

See the full content of this document