F. Bennett Manufacturing Co., Inc., 506 (1960)

National Labor Relations Board

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F. Bennett Manufacturing Co., Inc., 506 (1960)

DECISION AND ORDER

On May 6,1960, Trial Examiner Thomas S. Wilson 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 copy of the Intermediate Report attached hereto. Thereafter the Respondent filed exceptions to the Intermediate Report with a supporting brief.

The Board' has reviewed the rulings made by the Trial Examiner 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 brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the additions and modifications set forth below.

1. We find in agreement with the Trial Examiner and for the reasons fully set forth in the Intermediate Report that the Respondent discriminatorily discharged employees Booker T. Washington and Aaron Harvin in violation of Section 8 (a) (3) and (1) of the Act because of its antipathy toward the Union and its belief that Washington and Harvin had voted for the Union in the election conducted by the Board.2

Like the Trial Examiner, we find no merit in Respondent's contention that 1-Iarvin was discharged because there was no work for him.

The Trial Examiner apparently did not credit the testimony of Floyd M. B...

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