Extract
Kerrville Telephone Co., 328 (1974)
Kerrville Telephone Company and Communications Workers of America, AFLr-CIO. Case 23CA-4755
February 28, 1974 DECISION AND ORDERBY MEMBERS FANNING, KENNEDY, AND PENELLOOn September 24, 1973, Administrative Law Judge Paul E. Weil issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief.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, except as modified below.1. The Administrative Law Judge found that Respondent suspended Chabisek on the day of the election in the hope that Chabisek would fail to vote in the election after he was told to leave the Company's property.Respondent contends with some record support that the investigation of Chabisek's application for employment and employment history was undertaken because he had come under a 'cloud of suspicion.' Respondent's investigation revealed that Chabisek's application was, at best, misleading when it was discovered that Chabisek had previously worked at Shamrock Office Supply Company. In his initial interview with Robbins, Chabisek had characterized the Shamrock job as having 'fallen through,' an ambiguous phrase which reasonably could have been interpreted to mean that Chabisek had never gotten the job. Moreover, Respondent's investigation revealed that Chabisek's work history revealed a high rate of absenteeism and disclosed that Jobs Unlimited, which he listed on his application as his most recent job, ...See the full content of this document
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