Armour and Co., 640 (1973)

Extract

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Armour and Co., 640 (1973)

Jacob E. Decker and Sons, a Division of Armour and Company and Amalgamated Meat Cutters and Butcher Workmen of North America AFL-CIO,

Local Union P-54. Case 16-CA-4488

March 22, 1973 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS

FANNING AND JENKINS

On March 10, 1972, Administrative Law Judge' Lowell Goerlich issued his initial attached Decision in this case in which it was found that the General Counsel had not produced sufficient evidence to establish a prima facie case of Respondent's violation of Section 8(a)(3) of the National Labor Relations Act, as amended, herein referred to as the Act.

Accordingly, he granted the Respondent's motion to dismiss the 8(a)(3) allegations of the complaint and denied the General Counsel's motion to amend the complaint to include an allegation that the Respondent discriminatorily demoted Willie Hamilton 'to a less desirable status of employment.' Thereafter, the General Counsel filed exceptions to the initial Decision,2 and the Board issued an order in which it found that the General Counsel had established a prima facie case of violations of Section 8(a)(3) and (1) of the Act and that the Administrative Law Judge erred in dismissing those allegations of the complaint for lack of a prima facie case. The Board's finding of a prima facie case with respect to the 8(a)(3) allegation that Charles Galbraith had been discriminatorily discharged was based upon the General Counsel's offer of evidence showing that:

'(1) Galbraith is the only employee in the history of Respondent at its Texarkana plant to be discharged pursuant to this rule violation; (2) Galbraith had been guilty of this type of conduct over and over during his year of employment with Respondent;

however, he was not discharged until the advent of the Union; (3) Respondent had knowledge of Galbraith's union activity through its informers who engaged in illegal surveillance at the request of the Respondent; (4) the discriminate application of the rule requiring employees to phone in thirty minutes prior to work time in the event they were to be absent from work, i.e., the rule was not applied each time an employee did not call in; (5) in the conversation between Woodruff and Galbraith concerning Galt The tale of 'Trial Examiner' was changed to -Administrative Law Judge' effective August 19, 1972

2 It was also held in the initial Decision that the Respondent had committed only those 8(a)(I) violations which were admitted by the Respondent 3 In view of the Board's ruling , the Administrative Law Judge granted the General Counsel's motion to amend the complaint to include an braith's union sympathies Woodruff indicated that he (Woodruff) would remove his protective hand from Galbraith if Galbraith signed a union card.' The Board's finding of a prima facie case of the discriminatory suspension and demotion of Willie Hamilton to a less desirable status of ...

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