Dalton Brick & Tile Corp., 473 (1960)

Docket Number:10-CA-03979
 
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DALTON BRICK & TILE, CORPORATION r 473 excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act [Text of Direction of Elections omitted from publication ] MEMRERS RoDGERS and JENKINS took no part in the consideration of the above Decision and Direction of Elections I Dalton Brick & Tile Corporation and United Stone & Allied Product Workers of America, AFL-CIO, Local 113. Gases Nos 10--CA-3979 and 10-CA-3980 February 5, 1960

DECISION AND, ORDER On July 31, 1959, Trial Examiner Arthur Leff issued his Intermediate Report in the above-entitled proceeding, finding that Respondent Dalton Brick-& tTile Corporation 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, Respondent filed exceptions to the Intermediate Report and a brief in support thereof The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed The rulings are hereby affirmed The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations i 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 Respondent Dalton Brick &' Tile Corpora -1 tion, Dalton, Georgia, its officers, agents, successors, and assigns, shall :

i Respondent, on December 7, 1959, filed with the Board a motion to reopen the record to receive additional evidence which was not available at the time of the hearing The General Counsel and Local 113 submitted briefs in response thereto The additional evi deuce in question relates to further findings and a decision upon appeal of the Georgia Employment Security Agency with respect to applications for unemployment compensation made by certain of Respondent's employees subsequent to Respondent's suspension of operations In affirming the Trial Examiner's conclusions that the Respondent, by its actions, violated Section 8 (a) (1), (3), and ( 5) of the Act we note that the Trial Examiner did not, in any manner, give weight to the findings or decision of the State ' agency, but rather, utilized the relevant circumstances to illustrate the inconsistent reasons for the suspension of operations given by the Respondent during the course of the proceedings before such State agency and before this Board The Intermediate Report correctly finds that the reason given to the Georgia Employment Security Agency for such suspension constitutes a definite admission against interest, so far as the instant proceeding is concerned Inasmuch as the additional evidence which the Respondent seeks to introduce in no way refutes this patent inconsistency, Respondent's motion is hereby denied 126 NLRB No X61

  1. Cease and desist from :

    (

    1. Discouraging membership in United Stone & Allied Product Workers of America, AFL-CIO, Local 113, or any other labor organization of its employees, by discriminatorily locking out or laying off any of its employees, or discriminating in any other manner in regard to their hire and tenure of employment or any term or condition of employment.

    (b) Refusing to bargain collectively in good faith with the aforesaid labor organization, as the exclusive representative of all production and maintenance employees employed by Dalton Brick & Tile Corporation at its Dalton, Georgia, plant, with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment, by engaging in or threatening to engage in lockouts, layoffs, or other measures adversely affecting the earnings of its employees, for the purpose of forcing the aforesaid labor organization or the employees in the appropriate bargaining unit represented by it to abandon bargaining demands made by the Union and to accept instead bargaining demands made by the Respondent, or by engaging in any like or related conduct in derogation of its statutory duty to bargain.

    (c) Threatening its employees with plant shutdown or layoff, or a continuation thereof, in order to force them to give up their bargaining demands and accept the Respondent's contract proposals instead without further bargaining.

    (d) In any like or related manner, interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form labor organizations, to join or assist the above-named or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities.

  2. Take the following affirmative action which the Board finds will effectuate the policies of the Act:

    (

    1. Make whole all employees listed in Appendix A attached hereto for any loss of pay they may have suffered by reason of the discrimination against them, in the manner set forth in the section of the Intermediate Report entitled 'The Remedy.' (b) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order.

    (c) Post at its plant at Dalton, Georgia, copies of the notice attached hereto marked 'Appendix B.' 2 Copies of such notice, to 21n the event that this Order is enforced by a decree of a United States Court of Appeals , there shall be substituted for the words 'Pursuant to a Decision and Order' the words 'Pursuant to a Decree of the United States Court of Appeals , Enforcing an Order.' DALTON BRICK & TILE CORPORATION 475 be furnished by the Regional Director for the Tenth Region, shall, after being duly signed by an authorized representative of the Respondent, be posted by the Respondent immediately upon receipt thereof, and be maintained by it for a period of 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.

    (d) Notify the Regional Director for the Tenth Region, in writing, within 10 days from the date of this Order, what steps the Respondent has taken to comply herewith.

    MEMBERS RODGERS and JENKINS took no part in the consideration of the above Decision and Order.

    APPENDIX A

    W. J. Bailey Hoyt Whaley, Jr. George Prince, Jr.

    Will Saylors Earl Rogers John Brackett James Cleary George Bell Forest Callahan Roscoe Edwards Clinton L. Brock Charles E. Prince Eugene Martin Claude Jackson, Jr. George J. Lowery John W. Wyatt J. William Cleary Fred E. Harris Raymond Mullins Sam McCaJley J. Tom Busby Robert Martin John Laster J. L. Ashe Wallace Bell Charles Mullins Bill Camp Donald Cleary Roscoe Brock Willard Busby C. Cleo Bailey Woodrow Jackson Dillon Ponders Lester Rogers Buford Wheat Claudie Jones APPENDIX B

    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 in United Stone & Allied Product Workers of America, AFL-CIO, Local 113, or any other labor organization of our employees, by discriminatorily locking out or laying off our employees, or by discriminating in any other manner in regard to their hire or tenure of employment or any term or condition of employment.

    WE WILL NOT refuse to bargain collectively in good faith with United Stone & Allied Product Workers of America, AFL-CIO,

    Local 113, as the exclusive representative of all production and maintenance employees at our Dalton, Georgia, plant, with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment, by engaging in or threatening to engage in lockouts, layoffs, or other measures adversely affecting the earnings of our employees, for the purpose of forcing the aforesaid labor organization and/or the employees in the appropriate bargaining unit represented by it to abandon bargaining demands made by the Union and to accept instead our bargaining demands; nor will we engage in any like or related conduct in derogation of our statutory duty to bargain.

    WE WILL NOT threaten our employees with plant shutdown or layoff, or continuation thereof, in order to force them to give up their bargaining demands and accept our contract proposals instead without further bargaining.

    WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the right to self-organization, to form labor organizations, to join or assist the above-named or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities.

    WE WILL make whole the following named employees for any loss of pay suffered by them as a result of our discrimination against them :

    W. J. Bailey Hoyt Whaley, Jr. George Prince, Jr.

    Will Saylors Earl Rogers John Brackett James Cleary George Bell Forest Callahan Roscoe Edwards Clinton L. Brock Charles E. Prince Eugene Martin Claude Jackson, Jr. George J. Lowery John W. Wyatt J. William Cleary Fred E. Harris Raymond Mullins Sam McCalley J. Tom Busby Robert Martin John Laster J. L. Ashe Wallace Bell Charles Mullins Bill Camp Donald Cleary Roscoe Brock Willard Busby C. Cleo Bailey Woodrow Jackson Dillon Ponders Lester Rogers Buford...

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