Extract
Gerber & Hurley, Inc., 856 (1984)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gerber and Hurley, Inc. and Teamsters Local No.443, a/w the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Case 39-CA-12144 April 1984 DECISION AND ORDERBY CHAIRMAN DOTSON AND MEMBERSHUNTER AND DENNISOn 26 August 1983 Administrative Law Judge James F. Morton issued the attached decision. The Respondent filed exceptions and a supporting brief.The National Labor Relations Board has delegated its authority in this proceeding to a threemember panel.The Board has considered the decision and the record in light of the exceptions and brief and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.The judge found that the Respondent violated Section 8(a)(1) and (5) of the Act by unilaterally removing the position of counterman from the certified unit and thereby withdrawing recognition from the Union as the exclusive representative of the employee who held that position. The Respondent has excepted to the judge's rejection of its affirmative defense that the instant proceedings are barred by Section 10(b) and his findings and conclusions on the merits. We find merit in the Respondent's exceptions.The Respondent sells and distributes roofing materials at its warehouse and office facility located in West Haven, Connecticut. In July 1981 the Union filed a petition for an election in a unit consisting of the Respondent's 'drivers, wa...See the full content of this document
