Extract
Superior Rambler, 1264 (1965)
DECISION AND ORDER
On June 18, 1964, Trial Examiner William Seagle issued his Decision in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged, in the consolidated complaint, and recommending that the consolidated complaint be dismissed in its entirety, as set forth in the attached Trial Examiner's Decision. Thereafter, the General Counsel filed exceptions to the Trial Examiner's Decision and a supporting brief, and the Respondent filed an answering brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Fanning, Brown, and Jenkins].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 General Counsel's exceptions and brief, and the entire record in this proceeding, and finds merit in certain of the General Counsel's exceptions. Accordingly, we adopt the findings and conclusions of the Trial Examiner only insofar as they are consistent with our Decision herein.1. The Trial Examiner found that Sales Manager Lenzen was 'at most a very minor supervisory employee,' and that his remarks 2 to employees Harrelson and Weiss were mere predictions of what he (Lenzen) thought Grimaldi might do upon learning about the 1 The General Counsel in his exceptions alleges that the Trial Examiner committed error in receiving evidence relative to offers of reinstatement made to the discriminatees by the Respondent. We do not agree . Inasmuch as this evidence has a bearing on the remedy, and in no way prejudices the General Counsel's case, the Trial Examiner properly received it, and we so find.a Lenzen, when informed by Harrelson and Weiss that the salesmen had signed union authorization cards, stated: 'You fellows are nuts for trying to do this. Grimaldi won't stand for it, he'll never join the union . Once you fellows get this union smell on you, you'll never get a job selling cars anywhere else again.' 150 NLRB No. 119.Union. We do not' agree. The record shows, and Respondent admits, that Lenzen had authority to assign and direct the work of the salesmen and effectively to recommend the hiring of salesmen. Further, Lenzen approved sales contracts, determined the amount of the sales commissions to be granted, and assigned work schedules for the sales force. We find, therefore, that Lenzen is a supervisor within the meaning of the Act, and his remarks to Harrelson and Weiss, when viewed in the context of the various other violations by the Respondent, violate Section 8(a) (1) of the Acts 2. On October 19, 1963, Grimaldi questioned garage employee Smielewski about the Union. This incident occurred after Grimaldi received the Union's telegram requesting recognition as the bargaining representative of the garage and service employees and naming Smielewski as one of the stewards in the unit. It is uncontroverted, indeed Grimaldi admitted, that he told Smielewski that he would close the doors before he would have a union in his garage. However, the Trial Examiner found that Grimaldi's statement was merely an expression of anger caused by the fact that the showroom windows had been broken the night before, and he attributed this vandalism to the Union. We do not agree. Grimaldi's interrogation of and threats to Smielewski constituted a clear violation of Section 8 (a) (1) of the Act, and we so find .43. On October 15, 1963, Harrelson received authorization cards from Petroff, the union business representative. All of the salesmen, with the exception of the used-car' lot salesman,' signed the cards and paid the initiation fee. On October 16, 1963, Harrelson and Weiss delivered the cards and the money to Petroff. Shortly thereafter, Harrelson, in the presence of Weiss, told Lenzen that the men had joined the Union. It was then that Lenzen stated that Grimaldi would never tolerate a unions That evening Grimaldi and Lenzen had a conference, and Lenzen informed Grimaldi that the salesmen 'were acting a little funny' and 'Harrelson was talking union ...See the full content of this document
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