NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,420, ROMAR REFUSE REMOVAL, INC. and LOCAL 813, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (July 29, 1994), National Labor Relations Board, (Jul 29, 1994)

ROMAR REFUSE REMOVAL, INC. and LOCAL 813, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

314 NLRB No. 107.Case Nos. 29-CA-15583, -15788, -16554 and -16911. July 29, 1994 Steven B. Fish, Administrative Law Judge..

Before Gould, Stephens and Browning.

James P. Keams and Emily DeSa, for General Counsel. Edward L. Wolf, Hauppauge, New York, for Respondent.

Interference--Coercive Remarks--Union Organizing Campaign.--Once an employer learned that its employees were engaged in union organizing activity, it committed numerous unfair labor practices designed to interfere with the employees’ free selection of a bargaining representative. These coercive unlawful acts, with others, included interrogating employees regarding their union activities, ordering employees to turn over union authorization cards and materials to the employer, soliciting grievances and implying that it would remedy them, threatening discharge or other unspecified reprisals, promising a wage increase, demanding that employees drop their charges before the NLRB and instructing employees not to testify at NLRB hearings. Section 8(a)(1).

Back reference: ¶3770.0511.

Discrimination--Antiunion Motives--Suspensions, Discharges.--By discharging, suspending and reducing the work hours of its employees because they engaged in union organizing activities and filed NLRB or Department of Transportation charges, an employer discriminated against them. These actions occurred during a union organizing campaign that the employer violently opposed and tended to coerce unit employees in the selection of their bargaining representative. Section 8(a)(3).

Back reference: ¶4010.408.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, [1] and conclusions and to adopt the recommended Order as modified. [2]

The Respondent has excepted to some of the judge’s credibility findings. The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all of the relevant evidences convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. [19 LC ¶66,308] 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.

We have also reviewed the record and find no merit in the Respondent’s contention that the judge demonstrated bias against the Respondent.

In the remedy section of the judge’s decision, we note that the judge inadvertently stated that the physical confrontation between supervisor William Rombauts III and employee David Bailey occurred “prior to” the discharge of Bailey, when in fact the confrontation occurred after the discharge.

The judge’s recommended Order failed to include a cease-and-desist order concerning the discriminatory discharge, suspension, and reduction in work hours of employees. We have modified the recommended Order to add this remedy.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,420, ROMAR REFUSE REMOVAL, INC. and LOCAL 813, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (July 29, 1994), National Labor Relations Board, (Jul 29, 1994)

ROMAR REFUSE REMOVAL, INC. and LOCAL 813, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

314 NLRB No. 107.Case Nos. 29-CA-15583, -15788, -16554 and -16911. July 29, 1994 Steven B. Fish, Administrative Law Judge..

Before Gould, Stephens and Browning.

James P. Keams and Emily DeSa, for General Counsel. Edward L. Wolf, Hauppauge, New York, for Respondent.

Back reference: ¶3770.0511.

Back reference: ¶4010.408.

From Text of Board’s Decision

We have also reviewed the record and find no merit in the Respondent’s contention that the judge demonstrated bias against the Respondent.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,420, ROMAR REFUSE REMOVAL, INC. and LOCAL 813, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (July 29, 1994), National Labor Relations Board, (Jul 29, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,420, ROMAR REFUSE REMOVAL, INC. and LOCAL 813, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (July 29, 1994), National Labor Relations Board, (Jul 29, 1994)

From Text of Board’s Decision

Footnotes