Extract
Ashville-Whitney Nursing Home, 235 (1971)
ASHVILLE-WHITNEY NURSING HOME Ashville-Whitney Nursing Home and Jim H. Pierce,
Lessee and Retail, Wholesale & Department Store Union, AFL-CIO. Case 10-CA-8200January 29, 1971 DECISION AND ORDERBy MEMBERS FANNING, BROWN, AND JENKINS On August 20, 1970, Trial Examiner Louis Libbin issued his Decision in the above-entitled proceeding, finding that the Respondents had engaged in and were engaging in certain unfair labor practices alleged in the complaint and recommending that they take certain affirmative action as set forth in the attached Trial Examiner's Decision. Thereafter the Respondents filed exceptions to the Trial Examiner's Decision and a supporting brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner with the following addition.Respondents urge dismissal of this case primarily on the grounds that Clark, the owner of the nursing home, was never served with the charge, and that Pierce, the lessee, was not served within 6 months of the alleged unfair labor practice, all of which contravene Section 10(b) of the Act.' In support of their contentions, Respondents argue that Pierce was not the agent of Clark at the time the charge was serve...See the full content of this document
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