Extract
G. K. Chevrolet, Inc., 416 (1969)
G. K. Chevrolet, Inc. and American Federation of Professional Salesmen . Case 13-CA-8332
June 5, 1969 DECISION AND ORDERBY CHAIRMAN MC CULI.OCH AND MEMBERS JENKINS AND ZAGORIAOn January 13, 1969, Trial Examiner Arthur M.Goldberg issued his Decision 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 attached Trial Examiner's Decision. He also found that the Respondent had not engaged in other unfair labor practices alleged in the complaint and recommended that such allegations be dismissed. Thereafter, the Respondent and the General Counsel filed exceptions to the Trial Examiner's Decision and supporting briefs.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings,' conclusions, and recommendations of the Trial Examiner, as modified herein.We agree with the Trial Examiner that the Respondent on March 15, 1968, discharged Theodore Cobean as a reprisal for testifying adversely to the Respondent's position in Case 13-RC-11391, and that such conduct on the part of the Respondent violated Section 8(a)(l) of the Act because it clearly indicated to employees, generally, that they also would be subject to reprisals for similarly testifying under the Act.' However, we do not agree with the Trial Examiner that Cobean was a managerial employee' and the Respondent did not violate Section 8(a)(4) of the Act by discharging him. The record shows, as the Trial Examiner found, that Cobean, as 'truck 'These findings and conclusions were based , in part, upon credibility determinations of the Trial Examiner, to which the Respondent has excepted. Having carefully reviewed the record , we co...See the full content of this document
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