Extract
Walter Kidde, Inc., 1011 (1970)
WALTER KIDDE, INC.
Walter Kidde, Inc. (Globe Security Systems) and Local No. 8, International Union of Police and Protection Workers, IWA. Case 5-CA-4531October 13, 1970 DECISION AND ORDERBY MEMBERS FANNING, BROWN, AND JENKINS On May 22, 1970, Trial Examiner Sidney Sherman issued his Decision in the above-entitled proceeding, finding that the 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. He also found that the Respondent had not engaged in certain other unfair labor practices alleged in the complaint and recommended that such allegations be dismissed.Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision together with 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 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 and brief, and the entire record in this case, and hereby adopts the findings,' conclusions, and recommendations of the Trial Examiner.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, and hereby orders that the Respondent, Walter Kidde, Inc. (Globe Security Systems), Baltimore, Maryland, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Recommended Order.' These findings and conclusions are based, in part, on credibility determinations of the Trial Examiner, to which the Respondent has excepted Having carefully reviewed the record, we conclude that the Trial Examiner's credibility findings are not contrary to the clear preponderance of all the relevant evidence. Accordingly, we find no basis for disturbing those findings Standard Dry Wall Products, Inc., 91 NLRB 544, enfd. 188 F.2d 362 (C A. 2).TRIAL EXAMINER'S DECISION 1011SIDNEY SHERMAN, Trial Examiner: Copy of the original charge herein was served on Respondent on October 16, 1969,' the complaint was issued on January 5, 1970, and the case was heard on February 3 and 4, 1970. The issues litigated involved alleged violations of Section 8(a)(1) and (3). After the hearing briefs were filed by Respondent and the General Counsel.Upon the entire record' including observation of the witnesses' demeanor, the following findings and conclusions are adopted:1. RESPONDENT'S BUSINESS Walter Kidde, Inc.,' herein called Respondent, is a Delaware corporation, which, through one of its divisions, Globe Security Systems, furnishes guard services to firms in at least 28 States of the United States. The principal office of Globe Security Systems is in Philadelphia, Pennsylvania.Respondent annually derives more than $50,000 from guard services furnished to firms outside Pennsylvania. Respondent is engaged in commerce under the Act.II. THE UNION Local No. 8, International Union of Police and Protection Workers, IWA, hereinafter called the Union, is a labor organization under the Act:III. THE UNFAIR LABOR PRACTICES The pleadings raise the following issues:1. Whether Respondent violated Section 8(a)(1) by interrogation, threats, confiscation of union cards, and surveillance of union activities.2. Whether Respondent violated Section 8(a)(3) and (1) by the discharge of eight employees.A. Sequence of Events Respondent provides guard service to plants throughout the United States. During 1969, in the Baltimore area it employed about 1501411-time and part-time guards at about 33 plants. It admittedly experienced considerable difficulty in retaining competent guards and during 1969 had a turnover well in excess of 100 percent.Early in January, the Union launched an intensive campaign to organize Respondent's guards. They were visited at their stations by Union Agent Keller, who passed out cards and eventually obtained about 100 signed cards. Late in February, there was a shakeup in top management at Respondent's Baltimore branch, the old manager, Taylor, being replaced by Halsted . During the ensuing months the latter admittedly engaged in extensive interrogation of the guards about Keller 's visits to their stations. In ' All dates herein are in 1969, unless otherwise stated 2 For corrections of the transcript and certain rulings on evidence„ see the order March 25 and April 20, 1970 ' Respondent's name appears as amended at the hearing 185 NLRB No. 139 the latter part of April, Sullivan, who had signed a Union card and solicited others, was terminated. In September and October...See the full content of this document
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