Extract
Southern California Pipe Trades, 249 (1958)
upon Jones, the statement would nevertheless not constitute a violation of the Act, in the absence of evidence that it was made in the presence of, or was later communicated to, an employee of the Respondent.
4. As to Rundell Verda Anderson testified that when she began to work for the Respondent on about September 1, Emilie Rundell, the Respondent's bookkeeper and office girl, stated to her: 'I guess Minnie [Edwards] has already told you if you vote for this Union and it comes in we won't nobody have a job.' Anderson was cross-examined concerning this testimony. Even though Rundell later testified , she was not questioned regarding this incident. In view of the cross-examination of Anderson by the Respondent's attorney, it is found that the matter was 'fully litigated' at the hearing. As Rundell did not deny making the statement, I find that the statement was made substantially as related by Anderson. However, the General Counsel has failed to produce evidence that Rundell was a supervisor or agent of the Respondent within the meaning of the Act. Accordingly, the statement which she made to Anderson is not attributable to the Respondent.Upon the basis of the above findings of fact and upon the entire record in these cases, I make the following:CONCLUSIONS OF LAW1. Amalgamated Clothing Workers of America, AFL-CIO, is a labor organization within the meaning of Section 2 (5) of the Act.2. By discriminating in regard to the hire and tenure of employment of Bessie W. Stinson, thereby discouraging membership in the above-named labor organization, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (3) of the Act.3. By such conduct, and by other acts interfering with, restraining, and coercing its employees in the exercise of rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act.4. The above-described unfair labor practices tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce and constitute unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act.[Recommendations omitted from publication.] 36 a6 About a month after her discharge, Stinson underwent surgery and was hospitalized for 8 days Accordingly, in determining the amount of back pay due her, the period during which she was physically una...See the full content of this document
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