Extract
Acme Paper Box Co., 240 (1973)
Acme Paper Box Company and General Truck Drivers, Chauffeurs, Warehousemen and Helpers,
Local 270, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Ind. and Melvin J. Clark, and Randolph Mazin. Cases 15-CA-4352-2, 15-CA-4442, and 15-CA-4451January 12, 1973 DECISION AND ORDERBY MEMBERS FANNING, KENNEDY, AND PENELLOOn October 2, 1972, Administrative Law Judge Thomas D. Johnston issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel refiled, in support of the Decision, its beef to the Administrative Law Judge.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order.' ORDERPursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the Respondent, Acme Paper Box Company, New Orleans, Louisiana, its officers, agents, successors, and assigns shall take the action set forth in the said recommended Order.I Respondent excepts to the factual finding of the Administrative Law Judge that Barbara Clark and Judy Schexsnydre were also employed in the stitching department where the six discnminatees were laid off on January 6 Respondent cites part of the testimony of Turnage , who, however, was not employed until several months after that layoff. Turnage did not know Judy Schcxsnydre and identified Barbara Clark essentially as a printer The latter testified that she was doing printing work but had done stitching when she started work in August 1971 Judy Schexsnydre did not testify, but another employee testified that she had done stitching Also , even Turnage, as the Administrative Law Judge found , 'grudgingly acknowledged' that Barbara Clark performed some work in the stitching department upon occasion The payroll records in evidence, covering December I, 1971, to June 21, 1972, are not without ambiguity but suggest that Barbara Clark and Judy Schexsnydre may have been doing work other than stitching about the time of the January 6 layoffs However, the record as a whole suggests that the Respondent's operation was not one of well-defined departments and that it was not unusual for employees to make themselves useful in more than one capacity For example, stitchers also did scrapping and cleanup work , and Barbara Clark worked in the office from 8 to 9.30 a in, as well as doing printing and some work in stitching. We would find the layoff of the six stitchers discriminatory whether or not Clark and Schexsnydre-who were white and were not laid off-were 'the only other employees who worked in the stitching department.DECISIONSTATEMENT OF THE CASETHO...See the full content of this document
Sponsored links
