Chauffeurs, Teamsters, Etc., Local Union 215, 573 (1962)

DECISION AND ORDER

On March 8, 1962, Trial Examiner C. W. Whittemore 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 Intermediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report.

Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Rodgers, Fanning, and Brown].

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 Intermediate Report, the exceptions, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner as modified below.' ORDER

The Board adopts the Recommendations of the Trial Examiner as its Order with the following modifications :

  1. Paragraph 1 of the Recommendations shall be modified to read :

    '1. Cease and desist from in any manner restraining or coercing employees of The Bedford-Nugent Corp. in the exercise of rights guaranteed in Section 7 of the Act.' 2. Paragraph 2(c) of the Recommendations shall be modified to read : 'Notify the Regional director for the Twenty-fifth Region, in writing, within 10 days from the date of this Order, what steps the Respondent has taken to comply herewith.' 3. The notice referred to in the Recommendations shall be modified 'The Respondent excepted to the Trial Examiner's recommendation that it cease and desist from in any manner restraining or coercing the employees of The Bedford-Nugent Corp. 'or of any other employer.' The Respondent's violations were in fact limited to the employees of The Bedford-Nugent Corp In view of Communications Workers of America, AFL-CIO and Local No. X372, etc. v. N.LR.B. (Ohio Consolidated Tele. Co ), 362 U.S. 479, we shall limit our order accordingly. District 65, Retail, Wholesale and Department Store Union, AFL-CIO (I. Posner, Inc.), 133 NLRB 1555; Local 316, United Cement, Lime and Gypsum Workers International Union, AFL-CIO; United Cement,

    Lime and Gypsum Workers International Union, AFL-CIO ( National Gypsum Company), 133 NLRB 1445.

    137 NLRB No. 67.

    so that the words 'A Decision and Order' shall be substituted for the words 'The Recommendations of a Trial Examiner.' 2

  2. The said notice shall be further modified so that the paragraph thereof reading 'WE WILL NOT in any manner restrain or coerce employees of The Bedford-Nugent Corp., or any other employer, in the exercise of the rights guaranteed in Section 7 of the Act' shall read :

    'WE WILL NOT in any manner restrain or coerce employees of The Bedford-Nugent Corp. in the exercise of the rights guaranteed in Section 7 of the Act.' 2 In the event that this Order Is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words 'Pursuant to a Decision and Order' the words 'Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order.' INTERMEDIATE REPORT AND RECOMMENDED ORDER

    STATEMENT OF THE CASE

    A charge in the above-entitled case was filed on November 17, 1961, by The Bedford-Nugent Corp. A complaint and notice of hearing thereon were issued and served by the General Counsel of the National Labor Relations Board on December 27, 1961 . The Respondent's answer was received on January 2, 1962. Pursuant to notice, a hearing involving allegations of unfair labor practices within the meaning of Section 8(b)(1)(A) 1 of the National Labor Relations Act, as amended, was held in Evansville, Indiana, before the duly designated Trial Examiner.

    At the hearing all parties were represented by counsel.

    At the opening of the hearing General Counsel's motion to amend the complaint in ceitain minor respects was granted . Counsel for the Respondent then moved that paragraph numbered 5(a) of the complaint , as amended, be stricken on the ground that even if proven the allegation therein was not violative of the Act.

    General Counsel did not formally oppose the motion, stating only that he would 'stand on the paragraph as written.' The motion was granted.

    Upon the granting of this motion counsel for the Respondent withdrew the answer. General Counsel then moved for summary judgment, and the motion was granted.

    In accordance, therefore, with Rules and Regulations of the National Labor Relations Board , Section 102.20,2 the Trial Examiner deems true the allegations of the complaint, as amended, in Case No. 25-CB-473, and makes the following:

    FINDINGS OF FACT

  3. THE BUSINESS OF THE CHARGING PARTY The Bedford-Nugent Corp. is an Indiana corporation, with...

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