NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,503, AUTOZONE, INC. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

AUTOZONE, INC. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 21.Case Nos. 11-CA-15357, -15559, -15665 and 11-RC-5894. September 30, 1994 Richard J. Linton, Administrative Law Judge..

Before Gould, Stephens and Browning.

Michael W. Jeannette, for General Counsel. James F. Wallington (Baptiste & Wilder), Washington, D.C., for Teamsters Local 28. Cornelius G. Heusel and Tracy K. Hildago (argued) and Robert F. Spencer Jr. (Kullman, Inman, Bee, Downing & Banta), New Orleans, Louisiana, for AutoZone.

Elections--Rerun--Employer Interference.--The NLRB ordered a rerun election after an employer committed numerous acts that constituted interference with its employees’ right to freely select a bargaining representative. These unfair labor practices included threats of plant closure and loss of jobs for electing the union, withholding a scheduled wage increase until after the election, interrogating union activists regarding their union support, removing union literature from an employee bulletin board and reprimanding unionists for talking about the union while permitting antiunion petitions to be circulated. Section 9(c).

Back reference: ¶2790.034.

Discrimination--Fact Finding--Antiunion Motives.--On the facts, an employer discriminated against its employees who supported a union organizing effort by freezing its pay adjustment process after the union filed a representation petition. 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 [2] 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 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 note that no exceptions have been filed to the decision of the judge dismissing certain 8(a)(1) complaint allegations nor to his decision overruling Objections 2, 3, 6, 8, and 14.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,503, AUTOZONE, INC. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

AUTOZONE, INC. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 21.Case Nos. 11-CA-15357, -15559, -15665 and 11-RC-5894. September 30, 1994 Richard J. Linton, Administrative Law Judge..

Before Gould, Stephens and Browning.

Back reference: ¶2790.034.

From Text of Board’s Decision

We note that no exceptions have been filed to the decision of the judge dismissing certain 8(a)(1) complaint allegations nor to his decision overruling Objections 2, 3, 6, 8, and 14.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,503, AUTOZONE, INC. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,503, AUTOZONE, INC. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS, LOCAL UNION NO. 28, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

From Text of Board’s Decision

Footnotes