Extract
Southern Electronics Co., Inc., 1411 (1961)
DECISION AND ORDER
On January 17, 1961, Trial Examiner Owsley Vose issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent engaged in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action as set forth more fully in the copy of the Intermediate Report attached hereto. He further found that the Respondent had not engaged in other alleged unfair labor practices and recommended dismissal of the complaint pertaining thereto. Thereafter the Respondent filed exceptions to the Intermediate Report and a supporting brief.Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Rodgers and Leedom].131 NLRB No. 170.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 Intermediate Report,' the exceptions and brief, and the entire record in the case and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.2 ORDERUpon the entire record in this 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, Southern Electronics Company, Inc., its officers, agents, successors, and assigns, shall :1. Cease and desist from :(a) Discouraging membership in United Steelworkers of America,AFL-CIO, by discriminatorily laying off employees or otherwise discriminating in regard to the hire or tenure of employment or any term or condition of employment of its employees.(b) Promising employees benefits upon condition that they abandon union affiliation.(c) In any other manner 3 interfering with, restraining, or coercing its employees in the exercise of their right guaranteed in Section 7 of the Act, to form labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted i In its exceptions and brief, the Respondent moved that the Intermediate Report and the recommended order be stricken on the grounds that the Trial Examiner failed to designate by precise citation of page and line the portions of the record relied upon, that the Intermediate Report was written in such manner as to make it impossible to determine therefrom what are findings of fact and what are observations and conclusions, and that the issuance of the Intermediate Report was unusually and unnecessarily delayed The Board' s rules and regulations do not require the Trial Examiner to designate by citation of page and line the portions of the record relied upon while some of the Trial Examiner ' s findings are presented in narrative form , the Intermediate Report sets forth completely the substance of the testimony and specific findings of facts based thereon The Respondent was therefore fully informed of the basic facts which are needed to sustain the order Baltimore Steam Packet Company, 120 NLRB 1521, at footnote 2The Intermediate Report was issued less than 6 months after the close of the hearing It was therefore not unusually delayed. For the reasons stated heretofore, we find no merit in the Respondent's motion. It is hereby denied 2 At the hearing the Trial Examiner permitted the General Counsel to adduce evidence as to antiunion motivation and knowledge of ...See the full content of this document
Sponsored links
