Trinity Trucking & Materials Corp., 792 (1977)

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Trinity Trucking & Materials Corp., 792 (1977)

Trinity Trucking & Materials Corp. and Lloyd Joy.

Case 25-CA-6402

January 7, 1977 SUPPLEMENTAL DECISION AND

ORDER

BY CHAIRMAN MURPHY AND MEMBERS

FANNING AND PENELLO

On May 28, 1976, Administrative Law Judge Richard L. Denison issued the attached Decision in this proceeding.' Thereafter, Respondent filed exceptions and a supporting brief, and Charging Party and General Counsel filed briefs in support of the Administrative Law Judge's Decision.

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,2 and conclusions 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 the Respondent, Trinity Trucking & Materials Corp., Terre Haute, Indiana, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

dent, violated Section 8(a)(1) and (3) of the Act by discharging Lloyd Joy, Wallace Simmons, and Jack Gibbens on July 5, 1974 (after having also allegedly violated Section 8(a)(1) on July 3 by threatening to discharge them) because of their union and concerted activities, specifically, a civil action they filed against Respondent and its principal customer seeking damages for lost wages. Respondent denied the commission of any unfair labor practices, and in a memorandum supporting its motion for summary judgment s...

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