Pfizer, Inc., 52 (1979)

National Labor Relations Board

Docket Number: 14-CA-12169

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Pfizer, Inc., 52 (1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Pfizer, Inc. and Houston J. Alexander. Case 14 CA 12169' September 19, 1979 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS JENKINS

AND MURPHY

On May 31, 1979, Administrative Law Judge Robert W. Leiner issued the attached Decision in this proceeding. Thereafter, Respondent, Pfizer, Inc., filed exceptions and a supporting 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 brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order,2 with the following modifications.

The Administrative Law Judge specifically found that Alexander would have been hired if it were not for the information received as a result of the reference check. We agree. However, even accepting as we do the Administrative Law Judge's conclusion that Respondent was lawfully entitled to conduct such a reference check we do not believe that Respondent could lawfully place any reliance on the information received.

The whole theme of the information received was that Alexander was an ex-union president and a troublemaker. Such a basis so unlawfully taints the whole evaluation that we fail to see any other aspects of his evaluation as an employee can be given credence. Accordingly, although as we have indicated we do not question Respondent's right to have such a reference check made it can be relied upon only to the extent that the unlawful considerations can reasonably be said to have been removed. Here there is no doubt that the unlawful aspects colored the entire evaluation, and in such circumstances we are constrained to conclude that the sole and only basis for the refusal to hire Alexander was an unlawful one.

Accordingly, we find in agreement with the Administrative Law Judge that Respondent's refusa...

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