Extract
Protective Coatings, Inc., 647 (1968)
PROTECTIVE COATINGS, INC.
Protective Coatings, Inc. and Allied Industrial Workers of America, AFL-CIO Protective Coatings, Inc. and United Rubber, Cork,Linoleum and Plastic Workers of America,AFL-CIO and Allied Industrial Workers of America, AFL-CIO. Cases 25-CA-277 1, 25-RC-3387, and 25-RC-3390March 22, 1968DECISION, ORDER, AND DIRECTION OF SECOND ELECTIONBY MEMBERS BROWN, JENKINS, AND ZAGORIA On October 17, 1967, Trial Examiner Herman Tocker issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner 's Decision. The Trial Examiner further found that Respondent had not engaged in certain other unfair labor practices alleged in the complaint and recommended they be dismissed.Thereafter, the Respondent and the General Counsel filed exceptions to the Trial Examiner's Decision and supporting briefs.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a threemember panel.The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions,tand recommendations of the Trial Examiner, as modified below:In Section IV of the Trial Examiner's Decision entitled 'Recommendation on Election,' the Trial Examiner remanded Cases 25-RC-3387 and 25-RC-3390 to the Regional Director for Region 25 for further proceedings. However, the Regional Director for Region 25, by order dated October 27, 1967, transferred Cases 25-RC-3387 and ' We do not adopt the Trial Examiner 's Conclusions of Law, paragraph 3, to the extent that he relies on 'criticizing and ridiculing the financial and entertaining activities of any particular union and suggesting that union membership would be futile.' In the latter connection , the Trial Examiner appears to rely on statements which we do not view as unlawfully coercive 64725-RC-3390 back to the Board for further proceedings.Inasmuch as the election in these cases was conducted pursuant to a Stipulation for Certification Upon Consent Election, the objections herein must be decided by the Board and not by the Regional Director. Therefore, as we find, in agreement with the Trial Examiner, that the election of February 15, 1967, should be set aside, we shall direct the R...See the full content of this document
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