Extract
Whitesville Mill Service Co, 937 (1992)
Whitesville Mill Service Co., Inc. a wholly-owned subsidiary of Edward C. Levy Co., Inc. and Roy Anthony Hurt and Operating Engineers, Local Union No. 841, International Union of Operating Engineers, AFL-CIO. Cases 25-CA- 20918 and 25-CA-20929
June 23, 1992DECISION AND ORDERBY MEMBERS DEVANEY, OVIATT, AND RAUDABAUGHOn September 18, 1991, Administrative Law Judge Marvin Roth issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering brief.The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions and to adopt the recommended Order.2The Respondent excepts, inter alia, to the judge's conclusion that employee Roy Hurt's discharge violated Section 8(a)(3). The Respondent contends that the General Counsel failed to establish a prima facie case of discrimination because antiunion animus was allegedly not established.In concluding that the Respondent had antiunion animus, the judge relied on Plant Manager Wall's statement that he was ''shocked'' that union activity had surfaced at the plant and that Hurt was a leading union proponent. Although we agree that the Respondent harbored union animus, we find it unnecessary to rely on Wall's testimony at the hearing concerning his shock at discovering union activity in order to infer animus towards the Union. Rather we infer from the pretextual nature of the reasons for the discharge advanced by the Respondent that the Respondent was motivated by union hostility. Shattuck Denn Mining Corp. v. NLRB, 362 F.2d 466 (9th Cir. 1966). In this regard, we agree with the judge that the Respondent's contention that Hurt was discharged because of accumulated incidents involving damage to equipment and unsatisfactory work was merely a pretext supported by equipment damage reports fabricated after the fact.ORDERThe National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Whitesville Mill Service Co., Inc. a wholly-owned subsidiary of Edward C. Levy Co., Inc., Crawfordsville, Indiana, its officers, agents, successors, and assigns, shall take the action set forth in the Order.1 The Respondent has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.The Respondent correctly excepts that there is no evidence that Roy Hurt received vacation pay while on a suspension, as found by the judge. This error, however, does not require any change in the conclusion that Plant Manager Wall was largely indifferent to accidents on the job.The Respondent also excepts to the judge's inference that Wall ''waited until after the union meeting, which confirmed Hurt's leading role in the campaign'' before discharging Hurt. Although the evidence does not show that Wall had actual knowledge of the union meeting or that Hurt had attended it, the evidence does show that within 48 hours of Wall's learning of Hurt's union involvement Hurt was discharged.2 The Respondent argues that the judge...See the full content of this document
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