Extract
Hoisting and Portable Engineers, Local 302, 1449 (1963)
DECISION AND ORDER
On January 30, 1963, Trial Examiner James R. Hemingway issued his Intermediate Report in the above-entitled proceeding, finding that Respondent had not engaged in the unfair labor practices alleged in the complaint, and recommending that the complaint be dismissed in_ its entirety, as set forth in the attached Intermediate Report. Thereafter, the General Counsel filed exceptions to the Intermediate Report together with a supporting brief.' The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby 'affirmed. The Board has considered the Intermediate Report and the entire record in the case, including the exceptions and brief, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner except as modified herein.The Trial Examiner found, and we agree, that Respondent did not violate Section 8(b) (2) and 8(b) (1) (A) by causing West Coast Steel 'Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel ['Ohairman McCulloch and Members Leedom and Fanning].144 NLRB No. 139.Works to discharge Crume for failing to obtain referral for the job through Respondent's hiring hall. The reason which the Trial Examiner relied upon for his finding was that Respondent was merely attempting to require compliance by Crume with its nondiscriminatory referral procedures and that Crume's discharge by West Coast did not constitute discrimination to encourage union membership in violation of Section 8 (a) (3). In coming to this conclusion, the Trial Examiner did not consider whether the evidence established that West Coast and Respondent were in fact parties to an arrangement obligating West Coast to hire employees through Respondent's hiring hall. The theory of the complaint, and of the General Counsel's exceptions to the Trial Examiner's findings, is that there was no such arrangement or agreement between West Coast and Respondent and, therefore, by causing West Coast to discharge Crume for bypassing the hiring hall procedures, Respondent encourage...See the full content of this document
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