Datwyler Rubber & Plastics, No. 058 (2007)

Extract

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Datwyler Rubber & Plastics, No. 058 (2007)

Datwyler Rubber and Plastics, Inc. and Mononga Moore. Case 11–CA–21185

August 13, 2007

DECISION AND ORDER

By Chairman Battista and Members Schaumber and Walsh

On March 2, 2007, Administrative Law Judge Lawrence W. Cullen issued the attached decision. The Respondent filed exceptions and a supporting brief.

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 brief and has decided to affirm the judge’s rulings,[1] findings,[2] and conclusions and to adopt the recommended order as modified and set forth in full below.[3]

The judge found, among other things, that the Respondent violated Section 8(a)(1) by discharging employee Mononga Moore for engaging in protected concerted activity. For the reasons set forth below, we agree with the judge that the Respondent’s conduct was unlawful.

Background

The facts, as set forth more fully in the judge’s decision, are as follows. Owing to production demands, the Respondent implemented a 7-day workweek in fall 2005. Notwithstanding employee concerns about physical exhaustion and the inability to attend church on Sundays, the 7-day workweek continued into 2006. On January 5, 2006,[4] the Respondent held one of its monthly employee meetings. The purpose of these meetings, which are held in the Respondent’s employee break room, is to facilitate discussion of work-related issues. The January 5 meeting was attended by all of the Respondent’s first-shift production employees.

The Respondent’s general manager, Willie Ruefenacht, opened the meeting by telling the employees that they needed to continue working hard to meet its customers’ tight production requirements. At some point thereafter, employees began raising complaints, mainly about the protracted workweek. Moore asked Ruefenacht when the Respondent was going to discontinue the 7-day workweek, and Ruefenacht responded that he did not see this in the future. Moore then stated that the employees were tired, that the situation was unfair, that “God created the world in six days and rested on the seventh day,” and that the employees should also be permitted to rest on the seventh day. Ruefenacht responded that God had nothing to do with the situation. Employee Carla Samuel then stated ...

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