Manbeck Baking Co., 1186 (1961)

Manbeck Baking Company acid American Bakery and Confectionery Workers International .Union, Local 492, AFL-CIO.

Cases Nos.. -CA-2051 and 4-CA-1916. March 3, 1961 DECISION AND ORDER

On June 15, 1960, Trial Examiner Max M. Goldman issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. The Trial Examiner also found that the Respondent had not engaged in certain other alleged unfair labor practices, and recommended that those allegations of the complaint be dismissed.' The Board has reviewed the.ruling made by the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, the Respondent's motion to reopen t'he record, the General Counsel's memorandum in opposition,' and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, with the following additions and modifications : 2

1. The Trial Examiner found, and we agree, that the Respondent violated Section 8(a) (3) of the Act by discriminatorily transferring Rhea Whitesal to the basement of the bakery and by reclassifying him a 'Janitor' on September 28, 1959.

Whitesal was the most active employee in the union organizational campaign. He signed his union authorization card in December 1958 when this campaign was in its initial stage. Whitesal himself then took on the responsibility of distributing prounion literature as well as handing out more than 25 authorization cards prior to the Union's filing of its' representation petition. Participation in both the April 9 and September 17 elections 8 as a union observer further highlighted 1'Vhitesal's deep involvement in- union activities. The importance of his role takes on added significance in light of the relatively small number of employees at the Respondent's plant. Without question, the Respondent had.knowledge that Whitesal was an active proponent i The Trial Examiner found, inter alia, that the evidence was insufficient to sustain the General Counsel's allegations that the Respondent' s discharges of Frances Zeiders and Frederick Jefferson violated Section 8(a) (3) of the Act. As no exceptions were filed to these findings, we adopt them pro forma.

2 The conclusions and recommendations relating to Richard Kauffman are adopted without modification.

The Petitioner-Union filed objections to the conduct of the April election. The Board adapted the Regional Director's recommendation sustaining the objection, set aside the election, and directed that a second election be conducted.

130 NLRB No. 114.

of the Union. The Respondent expressly admitted. its knowledge thereof, and the Trial Examiner so found. The question before the Board is whether the Employer, mindful of Whitesal's union activities, transferred and reassigned Whitesal because of these union activities.

The record disclosed that Whitesal was employed as a dough mixer for a 21/2-year period prior to the Union's arrival on the Manbeck sc...

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