Extract
Obie Pacific, Inc., 458 (1972)
Obie Pacific, Incorporated and Seattle Local 49, International Alliance of Bill Posters, Billers and Distributors of the United States and Canada, AFL-CIO.
Case 19-CA-5236April 20, 1972 DECISION AND ORDERBY CHAIRMAN MILLER AND MEMBERS JENKINS ANDKENNEDYOn November 26, 1971, Trial Examiner E. Don Wilson issued the attached Decision in this proceeding. Thereafter, General Counsel filed exceptions and a supporting brief, and Respondent filed a brief in answer to the General Counsel's exceptions and brief in support of the Trial Examiner'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 Trial Examiner's Decision in light of the exceptions and briefs and has decided to affirm the Trial Examiner's rulings, findings,' and conclusions as modified herein.1. The Trial Examiner found, and we agree, that Respondent did not violate Section 8(a)(1) and (3) of the Act by discharging two employees or by refusing to rehire one of these dischargees.2. We disagree with the Trial Examiner's failure to find that Respondent violated Section 8(a)(5) by soliciting employee sentiment as to a provision in an existing collective agreement with the intention of using that information as a basis for attempting subsequently to persuade the Union to amend or modify that clause.On February 22, 1971, Respondent took over the management of Obie Outdoor Advertising. At that time the latter was party to a collective-bargaining agreement having a scheduled expiration date of June 30, 1974. Respondent agreed to assume that contract, and at all times material considered itself bound thereby. That contract includes a provision, article 1I(f), which requires the employment of two 'bill posters' in posting locations more than 22 feet above normal ground level. This provision was generally regarded by management as economically infeasible; it was viewed as a make-work provision which added to costs of operations in the posting department, and 1 The General Counsel has excepted to certain credibility findings made by the Trial Examiner. It is the Board's established policy not to overrule a Trial Examiner's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions were incorrect Standard Dry Wall Products, Inc., 91 NLRB 544, enfd 188F 2d 362 (C.A. 3). We have carefully examined the record and find no basis for reversing his findings.also placed Respondent at a competitive disadvantage since other billboard companies were not subject to any like restriction.Efforts to change article II(f) were first attempted by Respondent's predecessor. In the fall of...See the full content of this document
Sponsored links
