Extract
Kysor Industrial Corp, 598 (1992)
Kysor/Cadillac, an Operating Division of Kysor Industrial Corporation and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) and its Local 545. Case 7-CA-30283
May 18, 1992DECISION AND ORDERBY MEMBERS DEVANEY, OVIATT, AND RAUDABAUGHOn March 14, 1991, Administrative Law Judge Marvin Roth issued the attached decision. The Respondent filed exceptions and a supporting brief1 and the General Counsel filed an answering brief.The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions and to adopt the recommended Order.In so doing, we find that the violations arose from the Respondent's conduct in 1990. The dissent misapprehends the record evidence in finding that the Respondent's discharge of Mark Sessler and Shad Smith was sanctioned by their having signed applicant consent forms in 1986. These forms, as we show below, were unrelated to the policy pursuant to which Sessler and Smith were discharged.On January 10, 1990, Kevin Lattimer was involved in a worksite accident. The Respondent required Lattimer to submit to a drug test. Lattimer did so and was found drug free. Lattimer reported the incident to Union Steward Michael Gamble who questioned Plant Manager Larry Payne about Lattimer's drug test. Payne informed Gamble that ''it was company policy as of January 1st, 1990.'' Shortly afterwards, on February 12, Gamble attended a forum on drug testing with the Respondent's managers. Gamble asked how the Respondent ''could post or impose a drug policy'' without negotiating. Payne was asked ''if he had posted this drug-free work place policy.'' Payne responded that he had not. The next day, on February 13, the Respondent posted a notice dated February 8 announcing its ''drug-free workplace policy.'' The policy prohibited drugs and alcohol in the workplace and working under their influence. The notice stated:The ...See the full content of this document
Sponsored links
