Extract
American Vitrified Products Co., 701 (1960)
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III , above, occurring in connection with the operations of the Respondent described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce.
V. THE REMEDY It having been found that the Respondent has engaged in unfair labor practices in violation of Section 8(a)(1) and (5) of the Act, it will be recommended that the Respondent cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act.Thus, having found that the Respondent interfered with , restrained, and coerced its employees by the conduct enumerated in the section entitled The Conclusions, the Trial Examiner will recommend that the Respondent cease and desist from this and any other like or related conduct.Having found that the Respondent refused to bargain in violation of the Act, it will be recommended that, upon request, the Respondent bargain collectively with the Union and, if an understanding is reached, that such understanding be embodied in a signed agreement.Upon the basis of the foregoing findings of fact , and upon the entire record in the case, the Trial Examiner makes the following:CONCLUSIONS OF LAW1. International Union , United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-AFL-CIO, and its Local Union No. 155, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America,UAW-AFL-CIO, is a labor organization within the meaning of the Act.2. By engaging in the conduct set forth in the section entitled 'The Conclusions,' the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a) (1) of the Act.3. The Union on November 12, 1958 , was and at all material times thereafter has been the exclusive bargaining representative of all the employees in the unit found above to be appropriate in the section entitled 'The Conclusions,' for the purposes of collective bargaining within the meaning of Section 9(a) of the Act.4. By refusing to bargain collectively with the Union as the exclusive representative of its employees in an appropriate unit beginning November 12, 1958, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a) (5) of the Act.5. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act.[Recommendations omitted from publication. ] American Vitrified Products Company and Local 967, United Brick and Clay Workers of America, AFL -CIO. Case No.14-CA-2091. May 11, 1960 DECISION AND ORDEROn February 10, 1960, Trial Examiner Vincent M. Rotolo 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 therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report and a brief in support thereof.127 NLRB No. 92.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Bean and Fanning].The Board has reviewed the rulings made by the Trial Examiner 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 briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.' ORDERUpon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board orders that American Vitrified Products Company, its officers, agents, successors, and assigns, shall :1. Cease and desist from :(a) Discouraging membership in or activities on behalf of Local 967, United Brick and Clay Workers of America, AFL-CIO, or any other labor organization of its employees, by discriminatorily locking out or laying off any of its employees, or discrimi...See the full content of this document
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