Belfry Coal Corp., 1058 (1962)

0 DECISION AND ORDER

On August 21, 1962, Trial Examiner James V. Constantine issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and is engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Intermediate Report. He also found that the Respondent had not engaged in certain other unfair labor practices and recommended dismissal of the complaint as to them. Thereafter, the Respondent filed exceptions to the intermediate Report and a supporting brief.

Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Rodgers and Fanning].

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner,' with the following modifications.

We agree with the Trial Examiner that the refusal to work of employees May and Winchester grew out of a labor dispute concerning conditions of their employment, and that such refusal constituted concerted activity protected by Section 7 of the Act. Accordingly, we find that the Respondent's discharge of May and Winchester for engaging in such activity was a violation of Section 8 (a) (1) of the Act.a In view of this finding, we deem it unnecessary to pass upon, and therefore do not adopt the Trial Examiner's finding that their concerted activity was further protected by Section 502 of the Act...

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