NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,498, ARAKELIAN ENTERPRISES, INC. dba WEST COVINA DISPOSAL AND CITY REFUSE SERVICE and PACKAGE AND GENERAL UTILITY DRIVERS, LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

ARAKELIAN ENTERPRISES, INC. dba WEST COVINA DISPOSAL AND CITY REFUSE SERVICE and PACKAGE AND GENERAL UTILITY DRIVERS, LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 11.Case Nos. 21-CA-28835 and -29068. September 30, 1994 Burton Litvack, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Robert J. Debonis and Salvador Sanders for General Counsel. Kyle D. Brown (Hill, Farrer & Burrill), Los Angeles, California, for Respondent. Dennis M. Harley, Pasadena, California, for Charging Party.

Interference--Coercive Remarks--Employer Against Organizing.--In an attempt to thwart its employees’ efforts in organizing a union at its facility, an employer committed several unfair labor practices. These coercive unlawful acts included threatening to fire or lay off union activists, interrogating employees regarding their union support, threatening to withhold benefits, telling an employee that his brother was discharged for engaging in union activity and creating the impression that the employees’ union activities were under surveillance. Section 8(a)(1).

Back reference: ¶3770.0511.

Discharges--Fact Finding--Cause as Justification.--On the facts, the General Counsel failed to make out a prima facie case that an employer discriminatorily discharged seven union supporters because the employer established a valid business justification for their layoffs or discharges. Section 8(a)(3).

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.