Red Spot Paint & Varnish Co., Inc., 1249 (1965)

DECISION AND ORDER

On August 24, 1965, Trial Examiner George A. Downing issued his Decision in the above-entitled. proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices within the meaning of the National Labor Relations Act, as amended, and recommending that it cease and desist therefrom and take certain a.ffirma.tive action, as set forth in the attached Trial Examiner's Decision. The Trial Examiner also found that Respondent had not engaged in certain other unfair labor practices and recommended that the complaint be dismissed with respect to such allegations. Thereafter, the Respondent filed acquiescence and exceptions to the Trial Examiner's Decision, and the General Counsel filed exceptions thereto and a brief in support thereof as well as a brief in support of the Trial Examiner's Decision.

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

The Board has reviewed the rulings of the Trial. Examiner made at the hearing arld finds that no prej udicial error was colmnitted. The rulings are hereby ailirmed. The Board has considered the Trial Examiner's Decision, the exceptions, the briefs, and the entire record in the case, and hereby adopts the .findings,' conclusions, and recoiltmendations of the Trial Examiner.

'In adopting the Trial Examiner's finding that Superintendent Mentzel told a group of employees (including P.onnell) that he had union meetings under surveillance, we do not rely upon the fact that Respondent called none of the employees as witnesses to support \ientzel's denial of Bonnell's testimony on this point.

155 NLRB No. 122.

[The Board adopted the Trial Examiner's Recommended Order.] TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE

These consolidated proceedings under Section 10(b) of the National Labor Relations Act, as amended, were heard before Trial Examiner George A. Downing in Evansville, Indiana, on January 25 and 26 and June 28, 1965, pursuant to due notice.

The complaint in Case No. 25-CA-2039, which was...

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