Extract
McCulloch Motors Corp., 1709 (1957)
McCULLOCH MOTORS CORPORATION 1709 the Act, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (b) (2) of the Act.
4. By this conduct, and by maintaining, operating, and administering the Health Trust Fund since on or about March 18, 1957, only for the benefit of its members, thereby restraining and coercing the employees of J. Radley Metzger Co ., Inc., in the exercise of rights guaranteed in Section 7 of the Act , the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act.5. The above-described unfair labor practices tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce , and constitute unfair labor practices affecting commerce, within the meaning of Section 2 (6) and (7) of the Act.[Recommendations omitted from publication.] McCulloch Motors Corporation and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, UAW (AFL-CIO). Case No. 21-CA-f404. June 30, 1958 DECISION AND ORDEROn March 15, 1957, Trial Examiner Martin S. Bennett issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the complaint and recommending that the complaint be dismissed in its entirety, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel and the International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, UAW (AFL-CIO),, the Charging Party herein, filed exceptions to the Intermediate Report and supporting briefs.The Respondent filed exceptions to certain of the findings of the_ Trial Examiner, and a brief in support of such exceptions and the Trial Examiner's other findings and recommendations.The Board has reviewed the rulings of the Trial Examiner made 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 and briefs, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner only to extent consistent with our finding, conclusions, and order hereinafter made.' 1 After the reopened hearing in this proceeding was closed on January 29, 1957, the Respondent, on April 5, 1957, filed a motion with the Board to reopen the record for the purpose of receiving in evidence the agenda and minutes of a meeting held between the Committee and management on March 7 , 1957. The Respondent alleges that the exhibits are relevant and material to the issue of the Respondent 's domination of the Committee in that it shows the Committee to be an independent organization . The motion was opposed by the Charging Party. We deny the motion as without merit. The proffered evidence is clearly of a self-serving nature and as such , has little, if any, probative value.Moreover, the evidence, if received, cannot excuse the Respondent 's earlier unlawful interference and assistance which we hereinafter find.120 NLRB No. 222.1710 DECISIONS OF NATIONAL LABOR.RELATIONS BOARD 1. The Trial Examiner found, contrary to the Employer's contention, that the Employee Relations Committee was a labor organization within the meaning of Section 2 (5) of the Act. For the reasons set forth in his Intermediate Report, we adopt the Trial Examiner's finding.2. The Trial Examiner also found that the Respondent did not dominate, assist, or contribute support to the Committee, and therefore did not violate Section 8 (a) (2) and (1) of the Act. We disagree with the Trial Examiner to the extent that we find that the evidence establishes at least that the Respondent gave unlawful assistance and support to the Committee in violation ...See the full content of this document
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