Extract
Troxel Manufacturing Co., 853 (1969)
TROXEL MFG. CO.
Troxel Manufacturing Company and United Packinghouse, Food and Allied Workers, District 7, AFL-CIO. Case 26-CA-3010February 27, 1969 DECISION AND ORDERBY CHAIRMAN MCCULLOCH AND MEMBERSBROWN AND JENKINSOn September 13, 1968, Trial Examiner Harry H.Kuskin issued his Decision in the above-entitled proceeding, finding that 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 and a supporting brief. The General Counsel 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 powers in connection with this case to a three-member 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, the briefs, and the entire record in this case, and hereby adopts the findings,' conclusions,2 and recommendations of the Trial Examiner.'Contrary to allegations made by Respondent in its exceptions, we find ample evidence that Respondent acquired knowledge of its employees' union activities shortly after the commencement, in late October 1967, of the organizational efforts among the employees We note specifically (1) that the Trial Examiner fixed the date of Respondent's coercive interrogation of employee Williams as being some time before Williams was laid off, which we find was on November 10; (2) Respondent subjected Denniston's residence to surveillance on November 11, at hours closely related to the time at which the second meeting of the Union with Respondent's employees was scheduled , and (3) a registered letter was sent by J. W. Rary, the Union's representative, to Respondent on November 20 in an envelope identifying Rary as the sender , and was refused acceptance by Respondent's plant superin `endent under official instructions admittedly formulated, in part, to shield the Company from receiving union mail containing signed authorization cards.With regard to the layoff of John T. Denniston , we are satisfied that the evidence amply supports the Trial Examiner ' s finding that the layoff was effected by Respondent with a fixed determination not to recall Denniston because of his union activities , and that Respondent was motivated by the same unlawful consideration in thereafter failing to recall him when work again became available for him On that basis , we find in agreement with the Trial Examiner that Respondent discriminated against Denniston in violation of Section 8(a)(3) and (1) of the Act The Trial Examiner's findings further imply, however, that Denniston but for his union activities would not have been laid off at all on December 1, 1967, even on a temporary basis In this latter respect, we are not fully persuaded that such a finding is justified, bearing particularly in mind that Denniston was laid off at the time of a customary year-end layoff, that he then had least seniority among those then working as setup men , and that a more senior setup man was shortly thereafter also laid off. Accordingly, we shall direct that Denniston's backpay period be computed from the date when under Respondent' s ordinary layoff and recall policies he would have been recalled to work following the December 1, 1967, layoff We fix that date ORDER853Pursuant 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, and hereby orders that the Respondent, Troxel Manufacturing Company, Moscow, Tennessee, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examine...See the full content of this document
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