Trident Seafoods Corp., 566 (1979)

National Labor Relations Board

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Trident Seafoods Corp., 566 (1979)

I) ECISI()NS OF NATIONAL LABOR RELATIONS BOAR) Trident Seafoods Corporation and Charles M. Davis.

Case 19 CA 10832

August 23, 1979 DECISION AND ORDER

BY CHAIRMAN FANNIN(i ANI) MI:MBI.RS PEN I I() ANI) TRUISI)AI.I On March 27, 1979, Administrative l.aw Judge Leonard M. Cohen issued the attached Decision in this proceeding. Thereafter, counsel for the General Counsel filed exceptions and a supporting brieft and the Charging Party and Respondent also filed exceptions and supporting briefs. In addition, Respondent filed an answering 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 attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.' The Administrative Law Judge found that Respondent violated Section 8(a)(1) of the Act on October 5, 1978, by discharging 12 of its employees who were then engaged in a lawful economic strike against it.

He thus concluded that these employees were unfair labor practice strikers until on or about October 20, 1978, when the dischargees received letters from Respondent informing them that the notices of separation they had received on October 5 were mistakenly sent, and that Respondent would accord to them 'all rights as a striker under the National Labor Relations Act.' While, as noted, we adopt the Administrative Law Judge's findings of fact and conclusions of law, we shall modify his remedy and recommended Order ...

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