Champa Linen Service Co., 798 (1969)
Champa Linen Service Company and Dry Cleaning and Laundry Workers, Local Union No. 304. Case 27-CA-2521
June 30, 1969 DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND ZAGORIA
On January 15, 1969, Trial Examiner David F.
Doyle issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged 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. Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision and a supporting memorandum of law.
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 theTrial 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 and the entire record in the case, including the Respondent's exceptions and memorandum, and hereby adopts the findings,' conclusions,' and recommendations of the Trial Examiner, with the limited modifications indicated herein.' ORDER
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor The Respondent's exceptions to the Trial Examiner's Decision are in large part directed to credibility resolutions of the Trial Examiner. We will not overrule a Trial Examiner's resolutions as to credibility unless a clear preponderance of all relevant evidence convinces us that they are incorrect.
Such a conclusion is not warranted here. Standard Dry Wall Products, 91
NLRB 544, enfd 188 F 2d 362 (C.A. 3).
9'he Respondent's contention that the Trial Examiner erred in failing to allow a hearing on the issue of appropriateness of the unit is without merit.
On April 16, 1968, the Board by telegraphic order denied the Respondent's request for review of the Regional Director's Decision and Direction of Election. The Board's Rules and Regulations, Sec 102.67 provide that denial of a request for review shall preclude rehtigation of issues raised by the Regional Director's Decision in any subsequent related unfair labor practice proceeding. The Respondent's contention that the Trial Examiner erred in failing to allow a hearing on issues raised by the objections to conduct of an election is also unmeritorious The Respondent failed to request review of the Regional Director's Supplemental Decision The Board's Rules and Regulations further provide that failure to request review of a Regional Director's Decision shall preclude a party from relitigating issues which could have been raised at the representation proceeding in a subsequent unfair labor practice proceeding Rules and Regulations, Sec. 102.67 and 102.69(c).
'We note and correct the following inadvertent errors in the Trial Examiner's Decision which do not affect the result in this case . Demeter did attempt to keep certain of her union activities secret . Vice president 177 NLRB No. 69
Relations Board hereby orders that the Respondent,
Champa Linen Service Company, Denver,
Colorado, its officers, agents, successors, and assigns, shall:
Cease and desist from:
Discouraging membership in and activities on behalf of Dry Cleaning and Laundry Workers,
Local Union No. 304, or any other labor organization of its employees by discharging employees or transferring employees or in any other manner discriminating in regard to their hire or tenure of employment, or any other terms or conditions of employment.
(b) Interfering with, restraining, or coercing its employees in the exercise of their rights under Section 7 of the Act, by interrogating employees about their union affiliation and activities; by threatening employees with the loss of their jobs if they aid or assist the Union; by making abusive statements to employees because of their union activities; by threatening employees with physical harm because of their assistance to the Union; or by engaging in surveillance of employees' union activities.
(c) Making unilateral changes in employees' working conditions, or otherwise refusing to bargain collectively with Dry Cleaning and Laundry Workers, Local Union No. 304, as the exclusive bargaining representative of its employees in the following appropriate unit:
All laundry production and maintenance employees employed at its 2033 Champa Street,
Denver, Colorado location, but excluding all office clerical employees, route drivers, salesmen, and all guards, professional employees, and supervisors as defined in the Act.
(d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization to form labor organizations, to join or assist Dry Cleaning and Laundry Workers, Local Union No. 304, or any other labor organization, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or 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.
Take the following affirmative action which is necessary to effectuate the policies of the Act:
Upon request, bargain collectively with Dry Cleaning and Laundry Workers, Local Union No.
Zimmerman testified that he personally saw Demeter hit another employee.
We rewrite the Order and Notice , to conform more accurately with the findings and conclusions We do not adopt No 4,(6), of the Trial Examiner's Conclusions of Law, as the record contains no supporting evidence 304 as the exclusive representative of the employees in the above-described appropriate unit with respect to rates of pay, wages, hours of work, and other terms and conditions of employment, and embody in a signed agreement any understanding reached.
(b) Resume forthwith the supplying of free coffee to unit employees, and, if Respondent seeks to discontinue said service, propose such discontinuance to the Union and bargain on that subject with the Union.
(c) Offer Flora M. Demeter and Margaret Martinez immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges previously enjoyed, and make them whole for any loss of wages they may have suffered as a result of the Respondent's discrimination against them, in the manner set forth in the section of the Trial Examiner's Decision entitled 'The Remedy.' (d) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, contract and contract bids, and all other records necessary to analyze the amount of backpay due under the terms of this Order.
(e) 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.
(f) Post at its plant in Denver, Colorado, copies of the attached notice marked 'Appendix.'' Copies of said notice, on forms provided by the Regional Director for Region 27, after being duly signed by an authorized representative of the Respondent, shall be posted by the Respondent immediately upon receipt thereof, and maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material.
(g) Notify the Regional Director for Region 27, in writing, within 10 days from the date of this Order, what steps the Respondent has taken to comply herewith.
'In the event that this Order is enforced by a decree of a United States Court of Appeals, there shall be substituted for the words 'a Decision and Order' the words 'a Decree of the United States Court of Appeals Enforcing an Order.' APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations Board and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that:
WE WILL NOT discourage membership of any of our employees in Dry Cleaning and Laundry Workers,
Local Union No. 304, or any other union, by discharging employees or transferring...
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