Extract
Thompson Transport Co., Inc., 746 (1967)
Thompson Transport Company, Inc. and Truck Drivers and Helpers Union Local No.
696, affiliated with International Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of America . Cases 17-CA2881 and 17-CA-2934June 21, 1967 DECISION AND ORDERBY CHAIRMAN MCCULLOCH AND MEMBERS FANNINGAND BROWNOn February 14, 1967, Trial Examiner W. Edwin Youngblood issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision.Thereafter, Respondent filed exceptions to the Trial Examiner's Decision with a supporting brief and General Counsel filed cross-exceptions with his supporting brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a threemember panel.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 exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, only to the extent consistent herewith:The Trial Examiner found, and we agree, for the reasons set forth in the Trial Examiner's Decision, that Respondent interfered with, restrained, and coerced its employees in violation of Section 8(a)(1) by making statements in November and early December 1965, as to a possible closure of the Phillipsburg terminal in the event of union organization, and violated Section 8(a)(5) and (1) of the Act, following certification of the Union as exclusive bargaining representative, by closing the Phillipsburg terminal on or about March 31, 1966, without prior notice to and bargaining with the Union concerning the decision to close the terminal and the effects of the closing upon the employees. However, as we do not agree that a preponderance of the evidence supports the Trial Examiner's further finding that the Phillipsburg terminal was closed out of a desire to avoid bargaining with the Union, we do not adopt his conclusion that employees at that location were discharged in violation of Section 8(a)(3) and (1) of the Act.In finding the Phillipsburg closure to have been discriminatorily motivated, the Trial Examiner concluded that the economic considerations advanced by the Respondent as giving rise to its decision to close that terminal were unconvincing, pretextual in nature, and insufficient to overcome the General Counsel's prima facie case. We disagree. Although the timing of the closure in relation to the Union's certification, and the prior warnings to employees of a poss...See the full content of this document
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