Extract
Mobil Oil Exploration & Producing, U.S., 176 (1997)
Mobil Oil Exploration & Producing, U.S., Inc. and
Bob L. Pemberton. Case 15-CA-12801November 8, 1997DECISION AND ORDERBY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINSOn April 13, 1996, Administrative Law Judge Albert A. Metz issued the attached decision. The General Counsel filed exceptions and a supporting brief, and the Respondent filed an answering brief.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 only to the extent consistent with this Decision, and to substitute a new Order.The complaint alleges that the Respondent violated Section 8(a)(1) by terminating employee Bob L. Pemberton because he complained to other employees that the Respondent intended to terminate him due to his internal union activities. After issuance of the complaint, the parties executed a stipulation of facts. Thereafter, the judge dismissed the complaint, finding that deferral was appropriate to an arbitration award upholding Pemberton's discharge. We reverse.FactsThe Respondent's employees are represented by the Associated Petroleum Employees Union (the Union). Charging Party Pemberton has had an ongoing dispute with Union President Glenn Thibodeaux concerning the operation and policies of the Union. Of recent concern to Pemberton was Thibodeaux's purported substitute teaching at a high school while excused to perform union business.1 In mid-June 1994,2 Pemberton complained to Senior Production Foreman Mary Ellen Waszczak concerning Thibodeaux's alleged misconduct in this respect.On June 23, Pemberton visited the high school to gather information regarding whether Thibodeaux had worked as a substitute teacher while on union business. Pursuant to Pemberton's complaint to Waszczak, the Respondent referred the matter to its security department.On June 25, Thibodeaux informed the Respondent's labor relations adviser, Dan Whitfield, that he had heard of an inquiry at the high school by someone seeking his school payroll records. Whitfield told Thibodeaux that Pemberton had accused him of teaching while ''on Respondent's time'' and that the allegation had been turned over to the Respondent's security department.On July 7, the Respondent's security advisor, John Burton, began an investigation. Burton took a written statement on that date from Thibodeaux, and Thibodeaux furnished documentation that he had worked as a substitute teacher on one day in January 1992. Thibodeaux informed Burton that he had been on union business that day, but that the Respondent had been reimbursed for Thibodeaux's salary.On July 8, Burton contacted Pemberton. Pemberton questioned Burton as to whom he was investigating, Th...See the full content of this document
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