NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,501, ATHENS DISPOSAL COMPANY, INC. and PACKAGE AND GENERAL UTILITY DRIVERS LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

ATHENS DISPOSAL COMPANY, INC. and PACKAGE AND GENERAL UTILITY DRIVERS LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 14.Case Nos. 21-CA-28832 and -29067. September 30, 1994 Burton Litvack, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Salvador Sanders and Robert DeBonis, for General Counsel. Kyle D. Brown (Hill, Farrer & Burrill), Los Angeles, California, for Respondent.

Discharges--Pretextual Nature of Reason--Antiunion Animus.--By terminating three employees because they engaged in activities that demonstrated their support for a union organizing campaign, an employer discriminated against them. The employer demonstrated union animus and fabricated the extent and seriousness of problems that it allegedly had with these employees. Further, the employer failed to prove that it would have taken the same actions absent the employees’ union activities. Section 8(a)(3).

Back reference: ¶4065.61.

Interference--Coercive Remarks--Antiunion Campaign.--Once an employer discovered that its employees were engaging in union organizing activities, it committed several unfair labor practices designed to interfere with the employees right to freely select a bargaining representative. These coercive unlawful acts included interrogating employees regarding their union activities, creating the impression that their union activities were under surveillance, warning employees that they would be fired for supporting the union and engaging in surveillance of the employees’ union activities. Section 8(a)(1).

Back reference: ¶3770.0511.

From Test 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.

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 (3rd Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.

We find no merit in the Respondent’s exception to the judge’s finding that it violated Sec. 8(a)(3) and (1) of the Act by discharging employee Miguel Salas. The Respondent contends it discharged Salas because of a serious customer complaint, a negligent accident, and numerous overweight citations. We note first that the judge completely discredited the Respondent’s witnesses as to the severity of the complaint and that other employees who received such complaints were not discharged. Similarly, the judge found that others who had a combination of complaints and accidents within a short period of time likewise were not discharged. Finally, we note that the Respondent’s secondary reason--that Salas had too many overweight tickets in 1992--resulted in only three citations during that period. Not only was Salas not disciplined for his truck overweights, he was recommended for a bonus on July 9, 1992, less than a month before his discharge. Accordingly, we adopt the judge’s finding that Salas’ discharge violated the Act.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,501, ATHENS DISPOSAL COMPANY, INC. and PACKAGE AND GENERAL UTILITY DRIVERS LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

ATHENS DISPOSAL COMPANY, INC. and PACKAGE AND GENERAL UTILITY DRIVERS LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 14.Case Nos. 21-CA-28832 and -29067. September 30, 1994 Burton Litvack, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Salvador Sanders and Robert DeBonis, for General Counsel. Kyle D. Brown (Hill, Farrer & Burrill), Los Angeles, California, for Respondent.

Back reference: ¶4065.61.

Back reference: ¶3770.0511.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,501, ATHENS DISPOSAL COMPANY, INC. and PACKAGE AND GENERAL UTILITY DRIVERS LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

From Test of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,501, ATHENS DISPOSAL COMPANY, INC. and PACKAGE AND GENERAL UTILITY DRIVERS LOCAL 396, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

From Test of Board’s Decision

Footnotes