Lasell Junior College, 1076 (1977)

Extract

---

Lasell Junior College, 1076 (1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Lasell Junior College and John Guglielmi. Case ICA-11635

July 22, 1977 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

PENELLO AND WALTHER

On January 5, 1977, Administrative Law Judge James M. Fitzpatrick issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief, and Respondent filed an answering 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 briefs and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge and to adopt his recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the complaint be, and it hereby is, dismissed in its entirety.

CHAIRMAN FANNING, dissenting:

My colleagues do not reach the 'supervisorymanagerial' issue relative to alleged discriminatee Guglielmi but adopt the Administrative Law Judge's finding that, assuming he was a rank-and-file employee, he was discharged for cause. I disagree.

In my view, Guglielmi ceased to be a supervisor in September 1975, when James Rardin was promoted to superintendent of buildings and grounds. Prior to this time, Guglielmi was foreman of the maintenance department which consisted of 12 employees and which was included within buildings and grounds.

Upon Rardin's promotion, however, the maintenance department was reduced to ...

See the full content of this document

---