S. W. Evans & Son And American Federation Of Labor, 161 (1949)

Extract

---

S. W. Evans & Son And American Federation Of Labor, 161 (1949)

In the Matter of S. W. EVANS & SON and AMERICAN FEDERATION OF LABOR Case No.!-CA-5.--Decided January 17, 1949 DECISION AND ORDER On June 18, 1948, Trial Examiner Sidney Lindner issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged and was engaging in certain unfair labor practices, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. He also recommended that the complaint be dismissed in so far as it alleged that the Respondent engaged in certain other unfair labor practices.

Thereafter, the Respondent filed exceptions to the Intermediate Report and a supporting brief.' The Respondent's request for oral argument is hereby denied because the record and the exceptions and brief, in our opinion, adequately present the issues and the positions of the parties.

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 proceeding to a threeman panel consisting of the undersigned Board Members.* The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed.2 The Board has considered the Intermediate Report, the exceptions and brief filed by the Respondent and SNo exceptions were filed by any party to the findings and recommendations of the Trial Examiner to dismiss certain allegations of the complaint.

*Chairman Herzog and Members Houston and Gray.

2 The Respondent moved to dismiss that part of the complaint based upon acts alleged to have been committed more than 6 months prior to the date upon which the charges were filed. The Trial Examiner denied the motion and the Respondent has excepted to this ruling. The Board has heretofore ruled that Section 10 (b) of the amended Act imposes no limitation upon the issuance of complaints in any case in which the charges were filed and served within 6 months after August 22, 1947, the effective date of the amendments to the Act. Matter of Itasca Cotton Manufacturing Company, 1442. The charges in the instant case were timely filed and served.

the entire record in the case, and hereby adopts the findings,3 conclusions, and recommendations of the Trial Examiner, with the modifications noted herein.

ORDER Upon the entire record in the case and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, S. W. Evans & Son, and its ...

See the full content of this document

---