Ritchie Industries Corp., 113 (1973)

Docket Number:09-CA-07290
 
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Ritchie Industries Corporation and Troxal L. Skidmore. Case 9-CA-7290

June 12, 1973 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS FANNING

AND JENKINS

Party were represented by counsel and the Respondent was represented by its plant manager, Alex Delman. All parties were afforded full opportunity to be heard and to introduce relevant evidence on the issues. A brief was submitted by the General Counsel and was fully considered by me in arriving at my decision in this matter.

Upon the entire record herein including my evaluation of the testimony of the witnesses based upon my observation of their demeanor and upon consideration of the relevant evidence, I make the following:

On May 7, 1973, Administrative Law Judge Gordon J. Myatt issued the attached Decision in this proceeding. Thereafter, counsel for the General Counsel filed exceptions and a supporting brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the instant complaint be, and the same hereby is, dismissed.

DECISION

STATEMENT OF THE CASE

GORDON J. MYATT, Administrative Law Judge: Upon a charge filed on September 13, 1972,1 by Troxal L. Skidmore, an individual, against Richie Industries Corporation (hereinafter called the Respondent), a complaint and notice of hearing was issued by the Regional Director for Region 9 on October 16. The complaint alleged, inter alia, that the Respondent violated Section 8(a)(1) and (3) of the Act by unlawfully discharging Skidmore because of his sympathy for, membership in, and activities on behalf of International Ladies Garment Workers Union, AFL-CIO (hereinafter called the Union).2 The Respondent's answer admitted certain allegations of the complaint, denied others, and specifically denied the commission of any unfair labor practices.

This case was tried before me on December 7 in Parkersburg, West Virginia. The General Counsel and the Charging 1 Unless otherwise indicated, all dates herein refer to the year 1972

2 The complaint alleged that Skidmore was unlawfully discharged on September 7, but during the course of the trial it was determined that the actual date of discharge was September 14 The complaint was amended on the record to reflect the actual date developed by the testimony FINDINGS OF FACT

I JURISDICTIONAL FINDINGS

Respondent Richie Industries Corporation is a West Virginia corporation engaged in the operation of a garment factory located in Cairo, West Virginia. The Respondent is a subsidiary of the Heckler Corp., which has its central office and place of business in New York City. During the past 12 months, the Respondent shipped goods and materials valued in excess of $50,000 from its place of business in Cairo, West Virginia, to points located outside the State of West Virginia. Upon the basis of the foregoing, I find that the Respondent is, and has been at all times material herein, an employer as defined in Section 2(2) of the Act engaged in commerce within the meaning of Section 2(6) and (7) of the Act.

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