Extract
Williams Brothers Asphalt Paving Co., 388 (1960)
DECISION AND ORDER
On July 10, 1959, Trial Examiner George A Downing issued his Intermediate Report 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 copy of the Intermediate Report attached hereto Thereafter, the Respondent filed exceptions to the Intermediate Report, a supporting brief, and several motions to reopen the record Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Rodgers, Jenkins, and Fanning] 426 NLRB No 49The 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 Inter-mediate Report, the exceptions and brief, motions,' and the entire record in this case, and hereby adopts the findings,2 conclusions, and recommendations of the Trial Examiner, with the following modifications and additions.1. The record shows that, during the calendar year 1958, Respondents made purchases of equipment and supplies originating outside the .State which were valued in excess of $50,000. Accordingly, on the basis of our indirect inflow standard, we find that it will effectuate the purposes of the Act to assert jurisdiction.' 2. We do not agree with the Trial Examiner that Respondents violated Section 8(a) (3) and (1) by failing to rehire Dale Tracy for the 1958 season.(a) It was established that the Respondents' business is seasonal, that the seasonal employees are terminated each fall, and that reemployment is made upon application the following spring. Dale Tracy was first hired in 1955, and worked each season thereafter until the end of the 1957 ...See the full content of this document
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