Winston Bros. Co., 647 (1962)

National Labor Relations Board

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Winston Bros. Co., 647 (1962)

DECISION AND ORDER

On September 18, 1961, Trial Examiner Howard Myers issued his Intermediate Report, finding that Respondent had engaged in unfair labor practices in violation of Section 8(a) (1) and (3) of the Act and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the Intermediate Report attached hereto. Thereafter, the Respondent filed exceptions to the Intermediate Report and a brief in support thereof. The General Counsel filed a brief in support, of the Intermediate Report.

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 [Chairman McCulloch and Members Rodgers and Fanning].

The Board has reviewed the Trial Examiner's rulings and finds no prejudicial error. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in this case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner.

ORDER

Upon the entire record in this case, and pursuant to Section 10(c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, Winston Bros. Company and Green Construction Company d/b/a Winston & Green, Fresno,

California, their respective officers, agents, successors, and assigns, shall :

1. Cease and desist from :

(a) In any manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist the Hod Carriers Building and Construction Laborers,

Local 294, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and to refrain from any and all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8(a) (3) of the Act, as modified by the Labor-Management Report...

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