Extract
Evans Products Co., 257 (1975)
MONON TRAILER, INC.
Monon Trailer, Inc., Division of U.S. Railway Manufacturing Company, a wholly owned Subsidiary of Evans Products Company and United Steelworkers of America, AFL-CIO-.CLC MTM Union, Inc., and Its Successor, MTM Union,Inc., affiliated with United Brotherhood of Carpenters and Joiners of America, AFL-CIO andUnited Steelworkers of America, AFL-CIO-CLC. Cases 25-CA-5885, 25-CA-5885-2-3, and 25-CB-1854April 2, 1975 DECISION AND ORDERBY MEMBERS FANNING, KENNEDY, AND PENELLO On August 16, 1974, Administrative Law Judge Abraham H. Maller issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief; and Respondent Company filed exceptions, a supporting brief, and an answering brief; and Respondent Union filed a response to the General Counsel's exceptions.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 and to adopt his recommended Order.We accept the Administrative Law Judge's view of the record with respect to the discharge of Pasdach. On an occasion when employee Black was being criticized by leadman Allen for faulty work, for which even our dissenting colleague agrees he was properly suspended,Pasdach injected himself in the matter and, though twice ordered to return to work by Allen, who was obviously authorized to issue such an order, Pasdach refused. This was insubordination for which, all must agree, an employee could be discharged. And we do not believe that the General Counsel has established by a preponderance of the evidence that Pasdach was not discharged for this reason but, rather, was discharged for unlawful reason.' I With respect to the dissent's proposed finding that Pasdach was earlier issued written warnings for a discriminatory reason in violation of Sec 8(a)(1) of the Act, the Administrative Law Judge has made no factual findings in this connection and the General Counsel has not expressly excepted to the Administrative Law Judge's failure to fmd an 8(a)(1) violation here ORDER257Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that Respondent Monon Trailer, Inc., Division of U.S. Railway Manufacturing Company, a wholly owned Subsidiary of Evans Products Company, Monon, Indiana, its officers, agents, successors, and assigns, and Respondent MTM Union, Inc., and its successor, MTM Union, Inc., affiliated with United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Monon,Indiana, its officers, agents, and representatives, shall take the action set forth in the said recommended Order.MEMBER FANNING, dissenting in part:For the most part I agree with the Administrative Law Judge's Decision.' However, contrary to my colleagues and the Administrative Law Judge, I would fmd Pasdach's discharge violative of Section 8(a)(3). In fact, I find it difficult to imagine a stronger case for finding a pretextual 8(a)(3) violation.As early as August 15, 1973, before Pasdach had contacted the Steelworkers, McCormick, who was Pasdach's supervisor at the time of his discharge, told him, 'you don't want those damn Steelworkers,' and concluded after further discussion, 'well if you don't like it here you can get your ass out.' On October 2, 1973, a meeting set up by Pasdach was held with the Steelworkers; 10 employees attended and signed cards.Thereafter Pasdach, Eisele, and Black began soliciting for the Steelworkers. Buckley, the MTM president, was solicited by Pasdach and signed a Steelworkers card, 'so he could keep the Steelworkers' drive under surveillance.' In October 1973, a petition was cir...See the full content of this document
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