Extract
Larry Faul Oldsmobile Co., Inc., 697 (1962)
DECISION AND ORDER
On May 31, 1962, Trial Examiner Sidney Sherman issued his Intermediate Report in the above-entitled proceedings, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Intermediate Report. Thereafter, the Respondent filed exceptions to the Intermediate Report with a supporting brief, and the General Counsel filed a brief in support of the Intermediate Report.Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a threemember panel [Chairman McCulloch and Members Rodgers and Leedom].The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed.The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions, briefs, and the entire record in this 138 NLRB No. 81.proceeding, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the modification below.' ORDERThe Board adopts the Recommended Order of the Trial Examiner, except that paragraph 1(b) of the Order and the equivalent paragraph in the notice are to be deleted.' The Trial Examiner found that Braue's comment to Burian on November 22, that Braue did not think the Union would help Burian any, was coercive and violative of Section 8(a) (1). We find, on the contrary, that the comment contains no threat of reprisal or force or promise of benefit and is protected by Section 8(c) as an expression of Braue's views or opinion.INTERMEDIATE REPORTThe charge herein was served upon the Respondent on December 22, 1961, and the instant complaint issued on February 9, 1962. Hearing was held herein on various dates between March 28, and April 11, 1962, in Chicago, Illinois, upon the complaint of the General Counsel and answ...See the full content of this document
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