Superior Micro Film Systems, Inc., 555 (1973)

Extract

---

Superior Micro Film Systems, Inc., 555 (1973)

SUPERIOR MICRO FILM

Superior Micro Film Systems, Inc.' and/or Wilfred W. Burgart and Jesse Guido, Partners d/b/a B. G.

Management Company and International Union of District 50, Allied and Technical Workers of the United States and Canada. Case 6-CA-5815

February 1, 1973 DECISION AND ORDER

BY MEMBERS FANNING, KENNEDY, AND PENELLO

On September 19, 1972, Administrative Law Judge John F. Funke issued the attached Decision in this proceeding. Thereafter, Respondents filed exceptions and a supporting brief, and the General Counsel filed limited cross-exceptions and an answering brief to Respondent's exceptions.

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 to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions, crossexceptions, and briefs and has decided to affirm the rulings, findings, and conclusions 2 of the Administrative Law Judge and to adopt his recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that Respondents, Superior Micro Film Systems, Inc., and/or Wilfred W. Burgart and Jesse Guido, Partners d/b/a B. G. Management Company, New Kensington, Pa., their officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

I Herein called Superior.

2 We agree with the Administrative Law Judge's conclusion that the threats, which Superior President William G Gartley made to employee David Smay, violated Sec 8(a)(I) of the Act In so doing, we deem it unnecessary to adopt the Administrative Law Judge's finding that Smay was utilized by Gartley as a 'conduit' to inform other employees that reprisals would be effected if they chose the Union as their collectivebargaining representative.

The Administrative Law Judge inadvertently departs from his correct designation of employee Gary Daugherty as the husband of employee Marian Daugherty by referring to Gary in the discussion of the discriminatory discharges as her brother Accordingly, we find in agreement with the Administrative Law Judge that Gary Daugherty was unlawfully discharged 'because he was Manan's [husband ] and that the true cause of [his discharge) was her suspected union activity.' DECISION

STATEMENT OF THE CASE

555

JOHN F. FUNKE, Administrative Law Judge: This proceeding was brought before the National Labor Relations Board upon:

1. A charge filed January 3, 1972, by International Union of District 50, Allied and Technical Workers of, the United States and Canada, herein District 50, against Superior Micro Film Systems, Inc. and/or Wilfred W.

Burgart and Jesse Guido, Partners d/b/a B. G. Management Company, herein Superior and B. G. Management or jointly as the Respondents, alleging Respondents violated Section 8(a)(1) and (3) of the Act; an amended charge filed January 19, 1972, by Dist...

See the full content of this document

---