Dayton Vacuum,Truck Service, 1617 (1968)

Docket Number:23-CA-02738

DAYTON VACUUM TRUCK SERVICE

Dayton Vacuum,Truck Service and Oil, Chemical & Atomic Workers International Union, AFL-CIO.

Cases 23-CA-2738 and 23-CA-2811

April 18, 1968 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND ZAGORIA On January 30, 1968 , Trial Examiner Fannie M.

Boyls issued her decision in the above-entitled proceeding, finding that Respondent had not engaged in the unfair labor practices alleged in the complaint, and recommending that the complaint be dismissed in its entirety , as set forth in the attached -Trial Examiner's Decision. Thereafter, the General Counsel filed exceptions to the Trial Examiner's Decision and a supporting brief, and Respondent filed an answering brief.

Pursuant to the provisions of Section 3(b) 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 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 , briefs, and the entire record in this case, and hereby adopts the findings,' conclusions, and recommendations ofthe Trial Examiner.

ORDER

Pursuant 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 the complaint herein be, and it hereby is, dismissed. ' We rely solely on the ambiguous nature of the remark made by McClain to Jones in finding it to be noncoercive Since we adopt the Trial Examiner's finding that the wage increase was lawfully motivated, we find it unnecessary to adopt her comments as to conspiracy.

TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE

FANNIE M. BOYLS, Trial Examiner: These consolidated cases were heard before me in -Liberty,

Texas, on October 24 and 25, 1967. The complaint, as amended, was issued on September 29 pursuant to charges filed on June 20 and August 17, 1967, by Oil, Chemical & Atomic Workers International 170 NLRB No. 192

1617

Union, AFL-CIO, herein called the Union, alleging that Respondent, Dayton Vacuum Truck Service, had violated Section 8 ( a)(1), (3), and (5 ) of the National Labor Relations Act, as amended. Respondent filed .an answer challenging the jurisdiction of the Board over its operations and denying that it had engaged in any of the unfair labor practices alleged. Subsequent to the hearing, the General Counsel and Respondent filed briefs, which I have carefully considered.

Upon the entire record in this case and from my observation of the witnesses, I make the following:

FINDINGS OF FACT

  1. THE BUSINESS OF RESPONDENT Respondent is a sole proprietorship engaged in the business of transporting liquids used in the production of petroleum products. Its principal office and place of business is located in Dayton, Texas.

    On the basis of stipulations entered into by the parties at the hearing, -I find that-during the 12month period ending...

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