Extract
Hawthorne Mazda, Inc., 313 (1980)
HtAWTHORNE MALDA IC. . 1
Hawthorne Mazda, Inc. and Daniel A. Jaques. Case 31-CA-8946August 19, 1980 DECISION AND ORDERBY MEMBERS JENKINS, PENEI.I.O, AND TRUES)AI E On February 14, 1980, Administrative Law Judge George Christensen issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief and Respondent filed a brief in opposition to the General Counsel's exceptions.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 only to the extent consistent herewith.The Administrative Law Judge found that Respondent did not unlawfully interrogate employee Daniel Jaques concerning his union activities and sentiments. The Administrative Law Judge further found that Respondent did not violate Section 8(a)(l)'of the Act by discharging Jaques on April 20, 1979. The General Counsel has excepted to these findings. We agree with the Administrative Law Judge, for the reasons stated by him, that Respondent did not unlawfully nterrogate Jaques in violation of Section 8(a)(1) of the Act. However, for the reasons set forth below, we find merit in the General Counsel's exceptions to the Administrative Law Judge's failure to find that Respondent violated Section 8(a)(l) of the Act by discharging Jaques.The events leading up to this procedding are as follows:Daniel Jaques was one of six mechanics employed in Respondent's service department. Prior to March 1978, the mechanics were paid at a commission rate of 45 percent of the total labor charges. Thereafter, Respondent instituted an 'efficiency pay program' under which mechanics were paid on a sliding scale determined by the ratio of the mechanic's billed labor hours to his total scheduled work hours.2Under this system, the mechanic's pay could range from a high of $7.90 per hour to a low of $6.90 per hour, depending on the emI AWe ll*, re:jctl RceponrJerll'% motolln to t rike he (ilnerall Cou .llcIl', cxccplions w1', scnilor mlcchanic. , StJrnl\: Kino,hitalanld I errs Hei1i.. ',re I1no affected h the n...See the full content of this document
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