General Tire & Rubber Company, The, 1248 (1982)

National Labor Relations Board

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General Tire & Rubber Company, The, 1248 (1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

The General Tire & Rubber Company and Local No.

496 of International Union Allied Industrial Workers of America, AFL-CIO. Case 26-CA8205

July 23, 1982 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND ZIMMERMAN

On October 28, 1980. Administrative Law Judge J. Pargen Robertson issued the attached Decision in this proceeding. Thereafter, both Respondent and the General Counsel filed exceptions and supporting briefs. The Respondent also filed an answering brief.

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, as clarified below, and to adopt his recommended Order.

Respondent argues in its brief that it discharged the 37 probationary employees solely for legitimate and substantial business considerations; i.e., lack of work resulting from the large inventory which Respondent had built up in anticipation of a strike. In support of its position, Respondent contends that its decision to terminate the probationary employees was made prior to the employees' decision to strike and during the period in which Respondent had reached a tentative agreement, later rejected by the ra...

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