Pressed Steel Car Company, Inc. And Noah Weinstein, 276 (1950)

National Labor Relations Board

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United Steelworkers Of America, Local Union 1844, Cio And Noah Weinstein

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Pressed Steel Car Company, Inc. And Noah Weinstein, 276 (1950)

In the Matter of PRESSED STEEL CAR COMPANY, INC. and NOAH WEINSTEIN In the Matter of UNITED STEELWORKERS OF AMERICA, LOCAL UNION 1844, CIO and NOAH WEINSTEIN Cases Nos. 6-CA-125 and 6-CB-34.-Decided April 11, 1950 DECISION AND ORDER On November 7, 1949, Trial Examiner William E. Spencer issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents, and each of them, had engaged in and were engaging in certain unfair labor practices, and recommending that they cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto.1 The Trial Examiner also found that the Respondent Union had not engaged in certain other unfair labor practices as alleged in the complaint, and recommended that these particular allegations in the complaint be dismissed. Thereafter, each of the Respondents and the General Counsel filed exceptions to the Intermediate Report and briefs in support thereof. The Respondent Union also requested oral argument. This request is denied as the record and briefs, in our opinion, adequately present the issues and positions of the parties.2 The Board has reviewed the rulings of the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the briefs and exceptions, and the entire record in the case, and hereby adopts the findings and conclusions of the Trial Examiner only to the extent consistent with this Decision and Order.

The Trial Examiner found that at all times pertinent herein the contract between the Respondent Union and the Respondent Company 1 Pursuant to Section 203.33 (b) of the National Labor Relations Board Rules and Regulations these cases were consolidated by order of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) on September 9, 1949.

2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock].

89 NLRB No. 36.

276 277 lawfully required maintenance of membership in the Respondent Union as a condition of employment. The Trial Examiner further found that Noah Weinstein was a member in good standing of the Respondent Union on October 29, 1949, and that his discharge on this date was not required by the contract and therefore not protected by the proviso to Section 8 (a) (3). He therefore concluded that the Respondent Union violated Section 8 (b) (2) by causing,3 and that the Respondent Company violated Section 8 (a) (3) and (1) by effectuating, the above ...

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