Iron Workers Local 433, 667 (1968)

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Iron Workers Local 433, 667 (1968)

IRON WORKERS LOCAL 433 667

Iron Workers Local 433, International Association of Bridge, Structural and Ornamental Iron Workers,

AFL-CIO (Riverside Steel Construction) and Dwight E. Flack, An Individual. Case 21-CB-2875

February 5, 1968 DECISION AND ORDER

BY CHAIRMAN MCCULLOCH AND MEMBERS

FANNING AND ZAGORIA

On August 23, 1967, Trial Examiner Howard Myers issued his Decision in the above-entitled case, finding that the Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief, and the General Counsel filed a brief in answer to the Respondent'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 powers in connection with this case to a threemember panel.

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 Trial Examiner's Decision, the exceptions and briefs, and the ' entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner only to the extent consistent with our Decision herein.1

The Trial Examiner found that the Respondent Union violated Section 8(b)(2) and 8(a)(1)(A) of the Act by unlawfully causing Riverside Steel Construction to terminate the employment of one Dwight E. Flack. We are unable to concur in this finding.

As set forth in the Trial Examiner's Decision,

Riverside Steel Construction and the Respondent Union are parties to a collective-bargaining agreement, providing, in pertinent part, that all new employees must become members of the Union upon passage of 8 days of emplo...

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