Extract
General Service Employees Union Local 73, 295 (1978)
General Service Employees Union Local No. 73, affiliated with Service Employees International Union,
AFL-CIO and Andy Frain, Inc. and Allied Security, Inc. Cases 13-CC-963, 13-CC-990, and 13CC-964November 17, 1978 DECISION AND ORDERBy MEMBERS PENELLO, MURPHY. AND TRUESDAI.E On March 20, 1978, Administrative Law Judge Robert A. Giannasi issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed a brief in response to Respondent'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, as modified herein.2 ORDERPursuant 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. as modified below, and hereby orders that the Respondent. General Service Employees Union Local No. 73, affiliated with Service Employees International Union.AFL-CIO, Chicago, Illinois, its officers, agents. and representatives, shall take the action set forth in the said recommended Order, as so modified:1. Substitute the following for paragraph I(a):'(a) Engaging in, or inducing or encouraging individuals employed by Braniff International Airlines or any other individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of their employment to use, manufacture, process.transport, or otherwise handle or work on any goods.articles, materials, or commodities or to perform any service; or threatening, coercing. or restraining Braniff International Airlines or any other person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is forcing or requiring Braniff International Airlines or any other person to cease using, selling, handling, transporting, or otherwise dealing in the products of Andy Frain. Inc., or any other producer. processor.or manufacturer or to cease doing business with Andy Frain, Inc.. or any other person, or forcing or requiring Andy Frain, Inc., or any other employer to recognize or bargain with Respondent as the representative of its employees unless such labor organization has been certified as the representative of such employees under the provisions of Section 9 of the Act.' 2. Substitute the attached notice for that of the Administrative Law Judge.Respondenl has excepted to certain credibility findings made bs the Administrative Law Judge. It is the Board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credibdlit, unless the clear preponde ance of all of the relevant evidence convinces us that the resolutions are incorrect. Standard Dri Wall Products. Inc. 91NLRB 544 (1950). enfd. 188 F.2d 362 (3d Cir. 1951). We have carefull) examined the record and find no basis for reversing his findings In affirming the Administrative Law Judge's credibility findings with respect to David l oewenberg. however. we disavow his partial reliance on similar resolutions coincerning Loewenberg's credibility made in prior Board cases hb olher Administrative Law Judges.2 In par. 1(a) of the recommended Order, the Administrative Law Judge prosided. inter aina, that Respondent shall cease and desist from certain actlts tswhere an object thereof is 'forcing or requiring And) Frain. Inc.. or ans other emploser to recognize or bargain with Respondent as the representatise of such employees under the provisions of Section 9 of the Act.' We shall modify the recommended Order to conform to the language of Sec 8(h)(4)(B) of the Act, which proscribes such activity by a labor organization 'unless such labor organization has been certified as the representative of such emplosees under the provisions of Section 9 of the Act.' Member Murph), contrar) to her colleagues. concludes that the noticeposting requirements of the recommended Order. in addition to the broad cease-and-desist provisions. are sufficient to remedy the unfair labor practices found herein and that an order that Respondent publish the notice herein il a newspaper of general circulation in the Chicago area is neither warranted nor justified. In this regard. Member Murphy points out that she dissented from the Board majority's holdings in previous cases that Respondent iolated Sec 8b)t7)((C) of the Act (Generul Service Emplorees Local t monll ,, '1. alfihlated with Service Emplouiees Inlernational Union. A4F (l0 i4 I Sici'uriti S'reice (Co . 224 NLRB 434 (1976). and General Serice Limpt lcc, Il, onLocaliso...See the full content of this document
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