Roadway Express, 1238 (1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Roadway Express, Inc. and Local 560, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Richard Erbacher. Cases 2-CA-19359 and 2-CA-19422

27 August 1984 DECISION AND ORDER

BY CHAIRMAN DOTSON AND MEMBERS

HUNTER AND DENNIS

On 1 March 1984 Administrative Law Judge Raymond P. Green issued the attached decision.

The Respondent filed exceptions and a supporting brief, the General Counsel filed cross-exceptions and a supporting brief and an answer to the Respondent's exceptions, and the Respondent filed a brief in reply to the General Counsel's cross-exceptions.

The National Labor Relations Board has delegated its authority in this proceeding to a threemember panel.

The Board has considered the decision and the record in light of the exceptions and briefs1 and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent herewith.

The judge found that the Respondent violated Section 8(a)(1) and (3)2 of the Act by discharging employee Richard Erbacher on 15 December 1982.

We find merit in the Respondent's exceptions3 to these findings.

The facts, as more fully set forth by the judge, are as follows. The Respondent and the Union have been parties to successive collective-bargaining agreements for many years. The bargaining unit consists of drivers and dockmen. Employee Erbacher worked essentially as a porter, a position which was not part of the bargaining unit. Prior to November 1982,4

Erbacher refused requests by the bargaining unit's shop steward to join the Union.

In November, Erbacher decided to join the Union and signed a union authorization card.

Thereafter, about 29 November, Union Business Agent Jaronko informed the Respondent's terminal manager, Ward, that the Union wanted to repreI The Respondent has requested oral argument. The request is denied as the record, exceptions, and briefs adequately present the issues and the positions of the parties.

2 Although the judge found at one point that Erbacher's disc...

If you are already a vLex customer, Access Here