Extract
James Group Services, Inc., 158 (1975)
James Group Services, Inc. and Karen R. Boehning.
Case 13-CA-13768July 16, 1975 DECISION AND ORDERBY MEMBERS FANNING, KENNEDY, AND PENELLO On April 25, 1975, Administrative Law Judge Jerrold H. Shapiro issued the attached Decision in this proceeding. Thereafter, General Counsel filed exceptions and a supporting brief, and Respondent 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 briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order.Contrary to our dissenting colleague, we find absolutely no basis in the record for inferring that 'Respondent's actions were reasonably calculated to restrain and coerce Boehning in her search for employment in violation of Section 8(a)(1) of the Act.' As the Administrative Law Judge correctly observed, an employer has the right to furnish an employment reference to another employer upon request, unless his purpose for doing so is to punish the employee for exercising his Section 7 rights. The Armstrong Rubber Company, Southern Division, 215 NLRB No. 122 (1974); Kendrick Cartage Co., 188 NLRB 534 (1971).In our judgment, neither the prepared statement read by Respondent to Mass nor the circumstances surrounding Boehning's employment history with Respondent provide a basis for inferring that Respondent's motive in providing the job reference was to punish Boehning for her union activities.Boehning had been legiti...See the full content of this document
Sponsored links
