George F. Johnson And Marion D. Johnson, D/b/a Chesty Foods And United Mine Workers Of America, District 50, 255 (1947)

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George F. Johnson And Marion D. Johnson, D/b/a Chesty Foods And United Mine Workers Of America, District 50, 255 (1947)

In the Matter of GEORGE F. JOHNSON AND MARION D. JOHNSON,

D/B/A CHESTY FOODS and UNITED MINE WORKERS OF AMERICA,

DISTRICT 50 Case No. 11-C-1264.-Decided June 20, 1947 Mr. Clifford L. Hardy, for the Board.

Mr. William J. Flynn, of Chicago, Ill., for the respondents.

Mr. Joseph J. Timko, of Columbus, Ohio, and Mr. Elmer Whitman, of Indianapolis, Ind., for the Union.

Mr. Ben Grodsky, of counsel to the Board.

DECISION AND ORDER On October 24, 1946, Trial Examiner William F. Scharnikow issued his Intermediate Report in the above-entitled proceeding, finding that the respondents had not engaged in the unfair labor practices alleged in the complaint and recommending that the complaint be dismissed, as set forth in the copy of the Intermediate Report attached hereto.

Thereafter, the Union filed exceptions to the Intermediate Report and 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 of the Union, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

ORDER Upon the basis of the foregoing findings of fact and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the complaint against the respondents, George F. Johnson and Marion D. Johnson, d/b/a Chesty Foods, Terre Haute, Indiana, be, and it hereby is, dismissed.

CHAIRMAN HERZOG took no part in the consideration of the above Decision and Order.

74 N L. R. B., No. 48.

INTERMEDIATE REPORT Mr. Clifford L. Hardy, for the Board.

Mr. William J. Flynn, of Chicago, Ill., for the respondents.

Mr. Joseph J. Timiko, of Columbus, Ohio, and Mr. Elmer Whitman, of Indianapolis, Ind., for the Union.

STATEMENT OF THE CASE Upon a second amended charge filed on May 24, 1946, by United Mine Workers of America, District 50, herein called the Union, the National Labor Relations Board, herein c...

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