NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,483, PUBLIC SERVICE COMPANY OF OKLAHOMA (PSO) and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 1002, AFL-CIO., (Sep. 19, 1994), National Labor Relations Board, (Sep 19, 1994)

PUBLIC SERVICE COMPANY OF OKLAHOMA (PSO) and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 1002, AFL-CIO.

314 NLRB No. 196.Case No. 17-CA-16439. September 19, 1994 James L. Rose, Administrative Law Judge..

Before Gould, Stephens and Browning.

Lyn R. Buckley, for General Counsel. Kristen L. Gordon and Lynn Paul Mattson, Tulsa, Oklahoma, for Respondent. Stanley Patterson, Tulsa, Oklahoma, for Charging Party.

Discrimination--Antiunion Motives--Unionist’s Discipline Unwarranted.--An employer’s discipline of a union steward, purportedly for improper conduct on the job, was both pretextual and discriminatory. The employer set forth varying reasons for the imposition of the employee’s discipline, but the employer failed to prove that it would have taken the same action against the employee absent his union activity. Section 8(a)(3).

Back reference: ¶4095.1745.

Board Procedure--Fact Finding--Additional Charges.--On the facts, an employer’s motion to dismiss an unfair labor practice charge, on the basis that the charge should have been included in prior litigation among the parties, was denied because the employer failed to demonstrate that the General Counsel previously knew of the existence of the factual basis for the charge. Section 10(b).