Extract
American Gardens Management Co., 644 (2002)
American Gardens Management Company and Bailey Gardens Realty Corporation and Local 32E, Service Employees International Union, AFL- CIO. Cases 2-CA-33475 and 2-CA-33605
November 22, 2002 DECISION AND ORDER REMANDING BY MEMBERS LIEBMAN, COWEN, AND BARTLETT On March 6, 2002, Administrative Law Judge Raymond P. Green issued the attached decision. The General Counsel filed exceptions and a supporting brief, and the Respondents filed a brief in opposition to the General Counsel's exceptions. The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to remand these cases to the judge for further findings, analysis, and conclusions consistent with this decision. These cases involve the alleged discriminatory discharges of three maintenance employees by joint employer Respondents, American Gardens Management Company and Bailey Gardens Realty Corporation. The Respondents rent residential real estate in the New York City area, managed by Thomas Matthews. The amended complaint alleges that the Respondents discharged employees Roberts and Rosales in violation of Section 8(a)(1), (3), and (4) because they testified at a representation hearing.1 The complaint also alleges that the Respondents discharged employee Frias in violation of Section 8(a)(1) and (3) because he assisted the Union and engaged in concerted activities. The Respondents argued that Roberts and Rosales were discharged for lack of work and that Frias was discharged for his insubordinate and volatile attitude. The judge recommended dismissing the complaint, concluding that the Respondents had presented substantial evidence that Roberts and Rosales were discharged beca...See the full content of this document
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