Extract
General Services, Inc., 940 (1977)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
General Services, Inc. and William Russell McCracken. Case 1O-CA-11741May 24, 1977 DECISION AND ORDEROn October 15, 1976, Administrative Law Judge Karl H. Buschmann issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief.The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, conclusions, and recommendations of the Administrative Law Judge only to the extent consistent herewith.In his Decision, the Administrative Law Judge found that it was not a violation of Section 8(a)(l) or (4) of the Act for Respondent to refuse to rehire William Russell McCracken, a supervisor, because he filed charges with the Board alleging that he was discharged for union activity in violation of Section 8(a)(l) and (3). Accordingly, the Administrative Law Judge recommended that the complaint be dismissed in its entirety. We find merit in the General Counsel's exceptions to the Administrative Law Judge's Decision.The facts are as follows. McCracken was hired by Respondent in October 1973 and served as a lead cook from that time until his discharge on July 23, 1975.1 On July 28, McCracken filed an 8(a)(1) and (3) charge with the Board (Case 10-CA-11377) alleging that he was discharged because of his union activity. Although McCracken testified at the hearing in June 1976 that he 'was hired as a supervisor,' the 8(a)(3) charge filed by him the preceding July indicates that he was uncertain of his exact status.Thus, under the heading 'Basis of the Charge,' McCracken alleged, inter alia, that he was first informed that he was a supervisor during the 2-week period between the commencement of his union activity and his discharge.Shortly after filing the charge, McCracken met with a Board agent who suggested that McCracken should inform Respondent that he would like to be reinstated to his former job. According to McCracken's credited testimony, on August 1 he spoke to Assistant Project Manager Briggs and asked, 'Are you hiring?' Briggs replied that he was confident that if McCracken were to write a letter to Respondent's president, Wise, permission would be obtained to rehire McCracken. McCracken then wrote the requested letter, which he le...See the full content of this document
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