Extract
Glazers Wholesale Drug Co., Inc., 1152 (1974)
Glazers Wholesale Drug Company, Inc. and Retail Clerks Union, Local No. 455, Chartered by the Retail Clerks International Association, AFLCIO. Case 23-CA-4800
April 8, 1974 DECISION AND ORDERBY CHAIRMAN MILLER AND MEMBERSFANNING AND PENELLOOn December 13, 1973, Administrative Law Judge Morton D. Friedman issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions, and the General Counsel filed a brief in support of the Administrative Law Judge's Decision.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 brief and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge and to adopt his recommended Order with the following modification:Although we otherwise agree with the findings of the Administrative Law Judge, we would not premise an 8(a)(1) finding on Villareal's remark to employee Canales to the effect that if the Union was voted in, 'the blacks would take over,' and that the Union would then 'run out the Chicanos and hire nothing but blacks.' The complaint alleged, and the Administrative Law Judge found, this conduct to be a violation on the premise that Villareal's statement was a threat that the 'union would engage in racial discrimination if the employees selected it as their bargaining representative.' Although such a remark may well be grounds for setting an election aside under the standards established for campaign statements referring to racial issues in Sewell Manufacturing Company, 138 NLRB 66, it is not, as our dissenting colleague suggests, a threat of employer action, and does not, therefore, establish a violation of Section 8(a)(1).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 Respondent,Glazers Wholesale Drug Company, Inc., San Antonio, Texas, its officers, agents, successors, and assigns, 209 NLRB No. 175 shall take the action set forth in the said recommended Order with the following modifications:1. Delete the phrase 'threatening employees that the Union would engage in racial discrimination if the employees select the Union as their collectivebargaining representative' from paragraph 1(a).2. Substitute the attached notice for the Administrative Law Judge's notice.MEMBER FANNING, dissenting in part:I cannot agree with my colleagues that the Administrative Law Judge's finding with respect to Manager Villareal's remark to Canales and Jimenez constituted merely a threat that the Union would engage in racial discrimination if it won the election.Clearly, he held that Manager Villareal had threatened the employees' job security and thereby interfered with their rights under Section 8(a)(1), citing Certain-Teed Products Corporation, 153 NLRB 495, 507. There the Board held that Foreman Schriver's 'statement to Stoker and Vance Kellum, white employees, that a Negro might replace them if the Union won the election, was a threat to their job security.' Manager Villareal had ...See the full content of this document
Sponsored links
