Extract
Custom Top Soil, Inc., 121 (1998)
Custom Top Soil, Inc. and International Union of Operating Engineers, Local 17. Case 3-CA-20435
November 16, 1998DECISION AND ORDER BY MEMBERS FOX, LIEBMAN, AND HURTGEN On June 22, 1998, Administrative Law Judge Eleanor MacDonald issued the attached decision. The Respondent filed exceptions and a supporting brief. The Acting General Counsel and Charging Party Union filed answering briefs. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions, as modified, and to adopt the recommended Order as modified. We find merit in the Respondent's exception to the judge's finding that Bookkeeper Michelle Podpura acted as the Respondent's agent and, as such, violated Section 8(a)(1) when she told union members who were applying for work on June 13, 1996, that their union membership would adversely affect their chances of working for the Respondent. The judge erroneously found that Podpura hands out job applications as part of her duties. According to Podpura's uncontradicted testimony, she had no regular role in the job application process. Furthermore, the transcript of a tape recording of her conversation with the applicants on June 13 shows that she clearly indicated that she had no knowledge of, and hence was without authority to speak and act on, matters concerning the Respondent's hiring policies. Under these circumstances, Podpura had neither actual nor apparent authority to speak on behalf of the Respondent concerning the possible impact of the applicants' union affiliation on their employment prospects. We shall therefore reverse and dismiss the 8(a)(1) allegation based on Podpura's statement of personal opinion. Our reversal of this finding, which the judge cited as evidence of the Respondent's union animu...See the full content of this document
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