NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,435, RILEY INTERNATIONAL CORPORATION and THOMAS H. WAGNER., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

RILEY INTERNATIONAL CORPORATION and THOMAS H. WAGNER.

314 NLRB No. 126.Case No. 21-CA-29277. August 18, 1994 George Christensen, Administrative Law Judge..

Before Stephens, Devaney and Cohen.

Brian Sweeney, for General Counsel. Jack M. Riley, Carlsbad, California, for Respondent.

Interference--Discharge as--Concerted Protected Activity.--By discharging an employee who had presented complaints made by other employees to management regarding wages and working conditions, an employer interfered with his right to organize. The employer told the employee that one of the reasons for his discharge was that he urged employees to join together and present their grievances to management. Further, the employer failed to prove that it would have taken the same action absent the employee’s concerted and protected activity. Section 8(a)(1).

Back reference: ¶3830.524.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and briefs, [1] and has decided to affirm the judge’s rulings, findings, [2] and conclusions [3] and to adopt the recommended Order.

¹	The Respondent has moved to reopen the record to introduce additional evidence on the ground that it was not represented by legal counsel at the hearing in this case because of insufficient funds to pay for an attorney. We deny the motion as the Respondent has not shown that the evidence it seeks to offer was newly discovered or previously unavailable, or that extraordinary circumstances exist due to the absence of counsel that would justify reopening the hearing.
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 the relevant evidence 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.
³	In adopting the judge’s finding that the Respondent unlawfully discharged employee Thomas Wagner, we note that, as Wagner credibly testified, the Respondent told him that one of the reasons for his discharge was that he urged employees to join together and bring their complaints about wages and working conditions to management. The judge found that this protected activity “played a prominent role in Wagner’s discharge.” For this reason, the General Counsel has established a strong prima facie case of a violation in Wagner’s discharge. We find that, on this record, the Respondent has failed to show it would have discharged Wagner in the absence of his protected concerted activities. Indeed, the judge found little or no evidentiary support for the various other reasons that the Respondent urged as grounds for Wagner’s discharge. Thus, we agree with the judge that the Respondent has not met its burden under Wright Line, [1980 CCH NLRB ¶17,356] 251 NLRB 1083 (1980), to rebut the General Counsel’s prima facie case of a violation.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,435, RILEY INTERNATIONAL CORPORATION and THOMAS H. WAGNER., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

RILEY INTERNATIONAL CORPORATION and THOMAS H. WAGNER.

314 NLRB No. 126.Case No. 21-CA-29277. August 18, 1994 George Christensen, Administrative Law Judge..

Before Stephens, Devaney and Cohen.

Brian Sweeney, for General Counsel. Jack M. Riley, Carlsbad, California, for Respondent.

Back reference: ¶3830.524.

From Text of Board’s Decision

¹	The Respondent has moved to reopen the record to introduce additional evidence on the ground that it was not represented by legal counsel at the hearing in this case because of insufficient funds to pay for an attorney. We deny the motion as the Respondent has not shown that the evidence it seeks to offer was newly discovered or previously unavailable, or that extraordinary circumstances exist due to the absence of counsel that would justify reopening the hearing.
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 the relevant evidence 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.
³	In adopting the judge’s finding that the Respondent unlawfully discharged employee Thomas Wagner, we note that, as Wagner credibly testified, the Respondent told him that one of the reasons for his discharge was that he urged employees to join together and bring their complaints about wages and working conditions to management. The judge found that this protected activity “played a prominent role in Wagner’s discharge.” For this reason, the General Counsel has established a strong prima facie case of a violation in Wagner’s discharge. We find that, on this record, the Respondent has failed to show it would have discharged Wagner in the absence of his protected concerted activities. Indeed, the judge found little or no evidentiary support for the various other reasons that the Respondent urged as grounds for Wagner’s discharge. Thus, we agree with the judge that the Respondent has not met its burden under Wright Line, [1980 CCH NLRB ¶17,356] 251 NLRB 1083 (1980), to rebut the General Counsel’s prima facie case of a violation.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,435, RILEY INTERNATIONAL CORPORATION and THOMAS H. WAGNER., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,435, RILEY INTERNATIONAL CORPORATION and THOMAS H. WAGNER., (Aug. 18, 1994), National Labor Relations Board, (Aug 18, 1994)

From Text of Board’s Decision

Footnotes