Sevakis Industries, Inc., 1122 (1979)

National Labor Relations Board

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Sevakis Industries, Inc., 1122 (1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Sevakis Industries, Inc. and Thomas De Ornellas.

Case 7-CA-14832

September 17, 1979 DECISION AND ORDER

BY MEMBERS JENKINS, MURPHY, AND TRUESDALE On May 18, 1979, Administrative Law Judge John M. Dyer issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief and the party in interest, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, filed an answering brief on behalf of the Charging Party.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge, as modified below.' We agree with the Administrative Law Judge that Respondent violated Section 8(a)(5) and () of the Act by unilaterally establishing and failing to bargain about a Christmas bonus for its employees represented by the Union, and by paying the bonus only to nonstriking employees, and Section 8(aX3) and (I) of the Act by refusing to pay the bonuses to striking employees. For the reasons set forth below, however, we do not adopt the Administrative Law Judge's finding that former employee Azzopardi was entitled to a Christmas bonus.

Respondc- t discharged Don Azzopardi, who had been one of the Union's in-plant organizers,2 on December 8, 1977. Later that day, in response to the discharge,...

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