Extract
Physical Sciences Corp., 202 (1972)
Physical Sciences Corporation and UBC, Local Union No. 144, affiliated with United Brotherhood of Carpenters and Joiners of America, AFL-CIO. Cases 1O-CA-9258 and 10-CA-9258-2
September 21, 1972 DECISION AND ORDERBY CHAIRMAN MILLER AND MEMBERS JENKINS ANDKENNEDYOn May 16, 1972, Trial Examiner Alvin Lieberman issued the attached Decision in this proceeding.Thereafter, Respondent filed exceptions and a supporting brief, and General Counsel filed cross-exceptions and a supporting brief, to which Respondent filed an answering 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 'Trial Examiner's Decision in light of the exceptions, cross-exceptions, and briefs, and has decided to affirm the Trial Examiner's rulings, findings,' and conclusions but only to the extent consistent herewith.1. The Trial Examiner found that Respondent did not engage in unfair labor practices within the meaning of Section 8(a)(3) and (1) of the Act by discharging employees Charles Padgett and Gene Hane.He further found that the General Counsel had not sustained his burden of proving the allegation that Supervisor Emmett interrogated employees in violation of Section 8(a)(1) of the Act .22. The Trial Examiner found, and we agree, that Supervisor Cranford's conversation with employee Jewell was not violative of Section 8(a)(1). However, we base this finding solely upon the fact that either version 3 of Cranford's remark was nothing more than a request for clarification of a rumor regarding the purported reason for the discharge of Hane, a close friend of Jewell, and that Jewell replied that he did not know why Hane was released. Furthermore, we do i Respondent 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 188 F 2d 362 (C A. 3). We have carefully examined the record and find no basis for reversing his findings 2 As no exceptions were taken to these findings,-we hereby adopt them pro forma 3 Jewell testified first that Cranford 'asked [him], he said that he heard that Gene Hane got fired on account of trying to start a union ' He later testified that Cranford 'told' him that he had heard Hane got fired for trying to start a union The Trial Examiner did not determine which version-'asked' or 'told'-was spoken by Cranford not r...See the full content of this document
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