Extract
Northwest Drayage Co., 749 (1973)
Northwest Drayage Company and Philip T. Quartaro.
Case 14-CA-6501February 9, 1973 DECISION AND ORDERBY MEMBERS FANNING, JENKINS, AND KENNEDYOn July 28, 1972, Administrative Law Judge' Alvin Lieberman issued the attached Decision in this proceeding. Thereafter, General Counsel filed exceptions and a supporting brief, and Respondent filed a brief in support of the Administrative Law Judge's Decision.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 only to the extent consistent herewith.The Administrative Law Judge found, and we agree, that by laying off employee Johnston, the shop steward, after he attended a grievance hearing,Respondent violated Section 8(a)(3) and (1) of the Act. The Administrative Law Judge also found, however, that Respondent did not violate Section 8(a)(3) and (1) of the Act in the layoffs of an employee (Quartaro) who had been discharged and then ordered reinstated pursuant to a grievance, and all employees junior in seniority to Quartaro. We disagree and find, contrary to the Administrative Law Judge, for the reasons set forth below, that Respondent violated 8(a)(3) and (1) by laying off these men.Respondent is a St. Louis, Missouri, local and interstate carrier of motor freight, primarily consisting of steel. Its steel hauling business had declined 59 percent between August 1971 and January 1972 due to prior stockpiling by customers in anticipation of a possible steel strike in August 1971. Respondent also lost the patronage of one of its customers in September 1971 and did not receive expected large quantities of freight from a newly acquired customer until February 1972.Respondent's employees are represented by Highway and City Freight Drivers, Dockmen and Helpers, Local Union No. 600, affiliated with International Brotherhood of Teamsters, Chauffeurs,Warehousemen and Helpers of America (the Union).The contract between the Union and Respondent, in effect for the last several years, allows Respondent to` discharge a driver who permits an unauthorized passenger to ride in Respondent's vehicles. It also provides that layoffs should be in inverse order of seniority and that, where necessary, grievances should culminate in arbitration by a joint committee of union and trucking industry representatives. Other relevant provisions (a) require Respondent to pay an employee on layoff for any holiday which falls within 30 days of his layoff if the employee is recalled within 30 days and (b) allow a senior employee involved in a general layoff to bump a junior employee who may be driving for a 'contract' account,2 but only after 60 days from the date of the layoff.Pursuant to the contract Respondent, on October 1, 1971, discharged driver Quartaro for carrying an unauthorized passenger in his truck. Prior to this Quartaro had been involved in two accidents which had cost $800. Following his discharge, Quartar...See the full content of this document
Sponsored links
