Capital Times Co., 309 (1978)

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Capital Times Co., 309 (1978)

The Capital Times Company and Newspaper Guild of Madison, Local 64. Case 30-CA-3639

January 19, 1978 DECISION AND ORDER

BY MEMBERS JENKINS, PENELLO, AND TRUESDALE

On April 26, 1977, Administrative Law Judge Eugene George Goslee issued the attached Decision in this proceeding. Thereafter, the General Counsel and the Charging Party filed exceptions and supporting briefs.' Respondent filed cross-exceptions and an answering brief and a brief in support of its crossexceptions.

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 as modified herein, and to adopt his recommended Order.

We agree with the Administrative Law Judge's Decision to dismiss the complaint herein. Contrary to the Administrative Law Judge, however, we find that employee David Wagner was not engaged in protected concerted activity when he refused to cross a picket line to perform an assignment. Accordingly,

Respondent's imposition of discipline by suspending Wagner from work without pay did not violate the Act.2

The essential facts are not in dispute. Respondent, engaged in the newspaper business, employs David Wagner, a member of the Newspaper Guild of Madison, as an art reviewer and critic. In this capacity, Wagner attends various cultural events in the area and writes reviews thereof. In April 1976,3

Wagner was assigned to cover and write a review of an opera ...

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