Extract
Z and L Lumber Co. of Columbus, 75 (1969)
Z AND L LUMBER CO. 75
Z and L Lumber Company of Columbus and United Brotherhood of Carpenters and Joiners of America, Local No. 2783, AFL-CIO. Case 9-CA-5065October 13, 1969 DECISION AND ORDERBY CHAIRMAN MCCULLOCH AND MEMBERSFANNING AND JENKINSas so modified below.Add the following as paragraph 2(b), and reletter the following paragraphs, accordingly:'(b) Notify the above-named employees if presently serving in the Armed Forces of the United States of their right to full reinstatement upon application in accordance with the Selective Service Act and the Universal Military Training and Service Act, as amended, after discharge from the Armed Forces.' TRIAL EXAMINER ' S DECISION On July 22, 1969, Trial Examiner James T.Barker issued his Decision in the above-entitled case, finding that Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. He further found that Respondent had not engaged in certain other unfair labor practices alleged in the complaint Thereafter, Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief.Pursuant to the provisions of Section 3(b) of the Act, 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.3 ORDERPursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby adopts as its Order the Recommended Order of the Trial Examiner, and orders that Respondent, Z and L Lumber Company of Columbus, Columbus, Ohio, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Recommended Order, 'We have carefully examined the record herein and find Respondent's allegation of bias on the part of the Trial Examiner to be unwarranted in the absence of exceptions thereto, we adopt pro forma the Trial Examiner's dismissal of 8(a)(3) allegation concerning the discharge of James Slaby, and the failure to find an 8(a)(l) violation concerning Manager McGowan's conduct at the meeting of February 14 'We note that the Trial Examiner's conclusion is based in part on the fact that Scurlock, Ault, Horn, and Syar had not been replaced at the time of their request for reinstatement It is immaterial whether these employees had been replaced, as unfair labor practice strikers they had an absolute right of reinstatement upon their unconditional application We also note that the Trial Examiner at some points found that R...See the full content of this document
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