Extract
Schott's Bakery, Inc., 332 (1967)
Schott's Bakery, Inc. and American Bakery and Confectionery Workers' International Union, AFL-CIO, Local 163. Cases 23-CA-2266 and 23-CA-2384.
May 4,1967 DECISION AND ORDERBY CHAIRMAN MCCULLOCH AND MEMBERS FANNINGAND ZAGORIAOn December 9, 1966 , Trial Examiner William W.Kapell issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in 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 attached Trial Examiner 's Decision. He further found that the Respondent had not engaged in certain other unfair labor practices alleged in the complaint and recommended dismissal as to them.Thereafter, the General Counsel and the Respondent 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 , and recommendations of the Trial Examiner, with the following additions.The Trial Examiner found, and we agree , that the Respondent 's transfer and later discharge of James M. Nails, president and chief shop steward of the Union, were violative of Section 8(a)(3) and (1) of the Act.The Union, pursuant to the contractual grievance procedure, appealed the matter of his transfer to an arbitrator, who found that Nails had been transferred to a more onerous job because of his union activities. The Trial Examiner recommended recognizing the arbitrator's award, and, in any event, found on the evidence before him that the Respondent discriminatorily transferred Nails because of his union activities . The Trial Examiner likewise found that Nails , in his job as a loader of bread, did not, as the Respondent contended, deliberately damage or threaten to damage any bread, and that he was discriminatorily discharged in order to discourage union support and activities.As the Trial Examiner also pointed out, the situation giving rise to the discharge of Nails was a result of the original discriminatory transfer. ...See the full content of this document
Sponsored links
