Extract
Ri-Del Tool Mfg. Co, Inc., 969 (1972)
RI-DEL TOOL MFG. CO.
Ri-Del Tool Mfg. Co., Inc. and Joel Wright. Case 13CA-10890October 24, 1972 DECISION AND ORDERBY CHAIRMAN MILLER AND MEMBERS FANNING ANDJENKINSOn April 21, 1972, Trial Examiner James V.Constantine issued the attached decision in this proceeding. Thereafter, Respondent filed exceptions and a 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 authority in this proceeding to a three-member panel.The Board has considered the record and the Trial Examiner's Decision in light of the exceptions and brief and has decided to affirm the Trial Examiner's rulings, findings,' and conclusions 2 and to adopt his recommended Order, except as modified herein.ORDERPursuant 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 Trial Examiner as modified below and hereby orders that Respondent, Ri-Del Tool Mfg.Co., Inc., Chicago, Illinois, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's recommended Order as herein modified:1. Delete in paragraph 1(b) of the Trial Examiner's recommended Order the words 'In any similar or like manner' and substitute the words 'In any other manner.' 2. Substitute the attached notice for the Trial Examiner's notice.CHAIRMAN MILLER, dissenting:As the Trial Examiner found, there is not a scintilla of evidence of union animus on this record. Yet the Trial Examiner and my colleagues would condemn, under our Act, the discharge of an employee who played fast and loose with plant rules, merely because his last among many offenses, and the one which triggered his discharge, occurred during a union organizing campaign. Then, in a fascinating feat of bootstrapping, my colleagues drop a footnote disa969 vowing the unrefuted and irrefutable finding of no animus because, say they, we have now found the discharge unlawful and that supplies the animus.The discharge was for cause; there is nothing to support the inference that it was for the purpose of encouraging or discouraging membership in a labor organization; the complaint should be dismissed.i The Respondent has excepted to certain credibility findings made by the Trial Examiner It is the Board 's established policy not to overrule a Trial Examiner's resolutions with respect to credibilit...See the full content of this document
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