Extract
A. R. Gieringer Tool Corp., 1214 (1961)
DECISION AND ORDER
On March 8, 1961, Trial Examiner Stanley Gilbert issued his Intermediate Report in Case No. 13-CA-3878, finding that the Respondent had engaged in and was engaging in certain unfair labor practices in violation of Section 8(a) (1) of the Act and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the Intermediate Report attached hereto. He also found that the Respondent hadnot committed other violations of Section 8 (a) (1) and had not discriminatorily discharged Clarence Ballsieper as alleged by the General Counsel. Thereafter, the General Counsel filed exceptions to the Intermediate Report and a supporting brief.On June 22, 1961, Trial Examiner C. W. Whittemore issued his Intermediate Report in Case No. 13-CA-4080, finding that the Respondent had not engaged in the violations of Section 8 (a) (3) alleged in the complaint and recommending that the complaint be dismissed in its entirety, as set forth in the Intermediate Report attached hereto.134 NLRB No. 124.A. R. GIERINGER TOOL CORP. 1215The General Counsel filed exceptions to- the Intermediate Report and a supporting brief.On June 30, 1961, the General Counsel filed a motion with the Board to consolidate these two cases for purposes of decision. As none of the other parties now has any objection to the motion for consolidation, and as the violations alleged in the two complaints are related to the same organizational campaign of the Union, we hereby grant the motion of the General Counsel to consolidate these two cases for purposes of decision.The Board has reviewed the rulings of the Trial Examiners made at the hearings and finds that no prejudicial error was committed.The rulings are hereby affirmed. The Board has considered the Intermediate Reports, the exceptions and briefs, and the entire record in these cases,- arid, hereby adopts the findings, conclusions, and recommendations of Trial Examiner Gilbert in Case No. 13-CA-3878, and, finding merit in the General Counsel's exceptions to Trial Examiner Whittemore's Intermediate Report, adopts his findings, conclusions, and recommendations only to the extent consistent herewith.Early in September 1960, the Charging Union began organizing the' Respondent's toolroom, where about 18 employees worked. On September 12, 1960, the Union demanded that the Respondent recognize it as bargaining representative of these employees. On September 29, the Union filed its charges in Case No. 13-CA-3878; a complaint was thereafter issued alleging violations of Section 8 (a) (1) and the discriminatory discharge of one employee in violation of Section 8(a) (3). The hearing was held on December 6, 1960. On February 21, 1961, the Union filed charges in Case No. 13-CA-40...See the full content of this document
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