Trumbull Asphalt Co., Inc., 131 (1975)

National Labor Relations Board

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Trumbull Asphalt Co., Inc., 131 (1975)

Trumbull Asphalt Company, Inc. and Jerold L. Miller.

Case 14-CA-8202

July 14, 1975 DECISION AND ORDER

BY MEMBERS JENKINS , KENNEDY, AND PENELLO On April 23, 1975, Administrative Law Judge Alvin Lieberman issued the attached Decision in this proceeding. Thereafter, the 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 attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, 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 Trumbull Asphalt Company, Inc., Hazelwood, Missouri, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

DECISION

STATEMENT OF THE CASE

ALVIN LIEBERMAN, Administrative Law Judge: The trial in this proceeding, with all parties except the Charging Party represented, was held before me in St. Louis, Missouri, on January 6, 7, and 8, 1975, upon the General Counsel's complaint dated November 25, 1974,1 and Respondent's amended answer.2 In general the issue litigated was whether Respondent violated Section 8(a)(1) of the National Labor Relations Act, as amended (Act).3 Particularly, the i The complaint was issued pursuant to a charge and an amended charge filed, respectively, on October 17 and 18, 1974, by Jerold Miller.

2 During the trial the amended answer was amended by substituting the following paragraph for paragraph 2c: 'Respondent admits that on or about October 16, 1974, superintendent Kleine discharged Kenneth G Meyers, Eric Brethauer, and Donald J. Spiller, but denies that they or any of them were discharged for engaging in ...

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