141 NLRB 746
Admiral Welding & Boiler Maintenance
746
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and find that the Respondent, in its communications to its employees on June 21
and June 26, engaged in an expression of its views as to how grievances properly
should be handled under the terms and conditions of the existing agreement.
Upon the basis of the foregoing findings of fact, I am constrained to find that the
Respondent has not violated and is not now violating Section 8 (a) (5) and (1) of the
Act, as alleged.
Upon the basis of the foregoing findings of fact, and on the record as a whole,
I make the following:
CONCLUSIONS OF LAW
1. Westinghouse Electric Corporation, the Respondent herein , is engaged in com-
merce within the meaning of Section 2 (6) and (7) of the Act.
2. Local 1105 , United Electrical , Radio and Machine Workers of America is,
and at all times material herein has been a labor organization within the meaning
of Section 2(5) of the Act.
3. The Respondent has not engaged in unfair labor practices as alleged in the
complaint.
4. The General Counsel has failed by the preponderance of evidence to support
the allegations of the complaint as to asserted unfair labor practices.
5. The complaint herein should be dismissed.
RECOMMENDED ORDER
I recommend that an order be entered herein dismissing the complaint in its
entirety.
Jerry Schlossberg and Morton Bassoff d/b/a Admiral Welding
& Boiler Maintenance and Levy Blount.
Case No. 22-CA-1219.
March 25, 1963
DECISION AND ORDER
On December 28, 1962, Trial Examiner John H. Eadie issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondents had engaged in certain unfair labor practices and rec-
ommending that they cease and desist therefrom and take certain
affirmative action, as set forth in the attached Intermediate Report.
Thereafter, the Respondents filed exceptions to the Intermediate Re-
port 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 made by the Trial Examiner at
the hearing and finds that no prejudicial error was committed.
The
rulings are hereby affirmed.
The Board has considered the Intermedi-
ate Report, the exceptions and briefs, and the entire record in the case,
and hereby adopts the findings, conclusions, and recommendations of
the Trial Examiner with the following modifications.
The Trial Examiner found on the basis of facts stipulated to by the
parties herein that the Respondents, a copartnership in Jersey City,
New Jersey, who are engaged in providing boiler repair, installation,
and maintenance service within the State, are engaged in commerce
within the meaning of the Act. Respondents, who move the dismissal
of the complaint, contend that their operations do not meet the non-
141 NLRB No. 68.
ADMIRAL WELDING & BOILER MAINTENANCE
747
retail criteria set forth in Siemons Mailing Service, 122 NLRB 81,
because the companies for which they perform services valued in excess
of $50,000 do not themselves meet the Board's jurisdictional standards.
Contrary to the Respondents, it is clear from the stipulation that (1)
each company which is a nonretail enterprise has an annual direct in-
flow from States other than New Jersey that is in excess of $50,000,
and (2) each company which is a retail enterprise, including the four
fuel oil companies, has a gross annual revenue of $500,000, and receives
goods and services from States other than New Jersey.'
As the fore-
going companies meet the Board's standards, and there is proof of
legal jurisdiction, we find in agreement with the Trial Examiner that
Respondents are engaged in commerce within the meaning of the Act
and that it will effectuate the purposes of the Act to assert jurisdiction
herein 2 Accordingly, we hereby deny the Respondents' motion to dis-
miss the complaint.
In the absence of exceptions thereto, we adopt the Trial Examiner's
findings that Respondents violated Section 8 (a) (1) of the Act (1) by
interfering with, restraining, and coercing Respondents' employees in
the exercise of their rights guaranteed in Section 7 of the Act and (2)
by discharging the 11 employees named in the Intermediate Report
because they engaged in protected concerted activities.
ORDER
The Board adopts as its Order the Recommended Order of the Trial
Examiner.3
1 One of the Respondents' partners testified that he was told by three of the oil dealers
that
( 1) they purchased their fuel within the State of New Jersey and
( 2) also pur-
chased "a couple of thousand dollars" of equipment from outside the State.
2 See Siemens Mailing Service, supra ; Carolina Supplies and Cement Co., 122 NLRB 88;
Catalina Island Sightseeing Lines, 124 NLRB 815 .
See also N.L R.B. v Reliance Fuel
Oil Corp., 371 U S. 224, wherein the Supreme Court agreed with the Board 's decision,
329 NLRB 1166 , that a fuel oil dealer 's purchase of oil stored in tanks of the Gulf Oil
Corporation located within the same State as the dealer affected commerce within the
meaning of the Act.
8 For the reasons set forth in the dissenting opinion in Isis Plumbing ii Heating Co ,
138 NLRB 716, Member Rodgers would not award interest on backpay.
INTERMEDIATE REPORT
STATEMENT OF THE CASE
This proceeding was heard before Trial Examiner John H . Eadie at a hearing
in Newark, New Jersey, on August 6, 7, and 9, 1962. The issue presented by the
pleadings is whether Jerry Schlossberg and Morton Bassoff, copartners doing business
as Admiral Welding & Boiler Maintenance , herein referred to as the Respondents,
violated Section 8(a)(1) of the National Labor Relations Act, as amended , herein
called the Act.'
At the conclusion of the General Counsel's case the Respondents
moved to dismiss the complaint for lack of proof.
The motion was denied.
At the
close of the whole case the Respondents renewed their motion to dismiss and moved
to dismiss the complaint on the further ground of jurisdiction .
Ruling was reserved
on the motions.
The motions to dismiss are disposed of as hereinafter indicated.
After the conclusion of the hearing the General Counsel and the Respondents filed
briefs with the Trial Examiner.
"The charge was filed on April 11, 1962. The complaint was issued on June 1, 1962
748
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record and from my observation of the witnesses, I hereby make
the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Jerry Schlossberg and Morton Bassoff are copartners doing business under the
trade name and style of Admiral Welding & Boiler Maintenance.
Their principal
office and place of business is located in Jersey City, New Jersey, where they are
engaged in the business of providing and performing boiler repair, installation, and
maintenance services and related services.
At the hearing the parties entered into the following stipulation:
1. THAT each of the companies named and listed in Appendix I, which Ap-
pendix is attached hereto and made a part hereof, are non-retail enterprises
which annually ship goods or perform services valued at in excess of $50,000
directly in interstate commerce from their places of business in the State of New
Jersey to points located in states other than the State of New Jersey, and further
that Respondent provided and performed boiler repair, installation and mainte-
nance services for each of said listed companies in the amount set forth opposite
their names during Respondent's fiscal year ending March 31, 1962;
2. THAT each of the companies named and listed in Appendix II, which Ap-
pendix is attached hereto and made a part hereof, are non-retail enterprises which
annually receive goods or materials valued at in excess of $50,000 annually
directly in interstate commerce from states of the United States other than the
State of New Jersey, and further that Respondent provided and performed
boiler repair, installation and maintenance services for each of said listed com-
panies in the amount set forth opposite their names during Respondent's fiscal
year ending March 31, 1962;
3. THAT each of the companies named and listed in Appendix III, which
Appendix is attached hereto and made a part hereof, are retail enterprises having
gross annual revenues of in excess of $500,000, each of which annually causes
a substantial amount of goods and materials to be shipped to it in interstate
commerce from states of the United States other than New Jersey, and further
that Respondent provided and performed boiler repair, installation and mainte-
nance services for each of said listed companies in the amount set forth opposite
their names during Respondent's fiscal year ending March 31, 1962;
4. THAT the Jersey Journal, 30 Journal Square, Jersey City, New Jersey, is a
newspaper publishing company which holds membership in or subscribes to
interstate news services, publishes syndicated features and advertisements of na-
tionally sold products, and it has a gross annual revenue of in excess of $200,000,
and further that Respondent provided and performed boiler repair, installation
and maintenance services for said company in the amount of $85.00;
5
THAT the companies named and described above in paragraphs I through
4 of this Stipulation each are and have been at all times material herein engaged
in interstate commerce within the meaning of Section 2(6) and (7) of the
National Labor Relations Act, as amended;
6. THAT in the course and conduct of Respondent's business during its fiscal
year ending March 31, 1962, Respondent provided and performed boiler repair,
installation and maintenance services valued in excess of $200,000, of which
services valued at in excess of $2,000 were provided and performed within states
of the United States other than the State of New Jersey, wherein Respondent is
located:
7. THAT each of the fuel oil companies listed in Appendix N, which Ap-
pendix is attached hereto and made a part hereof, are retail enterprises having
gross annual revenues of in excess of $500,000, and each of which annually causes
a substantial amount of goods and materials to be shipped to it in interstate
commerce from states of the United States other than the State of New Jersey;
8. THAT the books and records of Jerry Schlossberg and Morton Bassoff
d/b/a Admiral Welding & Boiler Maintenance for its fiscal year ending, March 31,
1962 show ledger entries for the fuel oil companies listed in Appendix N in the
amounts set forth opposite their names;
Appendix I
1. Air Reduction------------------------------------------
$14. 10
2. Allied
Polymer----------------------------------------
2,305.00
3. American Handling-------------------------------------
209.00
4 Alpine Baking Corp------------------------------------
2,110.00
5. Arr Jay Box------------------------------------------
100.00
ADMIRAL WELDING & BOILER MAINTENANCE
749
6. Baltimore Transfer-------------------------------------
$35.00
7. Bayonne Block----------------------------------------
900.00
8
C & C Trucking---------------------------------------
315.00
9. Chatham Candle---------------------------------------
65.00
10. City Specialty----------------------------------------- 1,120.00
11. Collura Trucking---------------------------------------
425.00
12. Contractors
Trucking-----------------------------------
710.00
13. Davidson Trucking-------------------------------------
55.00
14. Even Pull Foundations---------------------------------
296.00
15. Fiber Flex--------------------------------------------
155.00
16. FoodcraftInc ------------------------------------------
641.00
17. Foss
Carpet------------------------------------------
200.00
18. Gibralter Mfg. Co-------------------------------------.
218.00
19. Glassgall Silk-----------------------------------------
132.00
20. Highland Sportswear----------------------------------- 1,360.00
21.
Hillcrest
Dye-----------------------------------------
4,750.00
22. Industrial Hard Chrome---------------------------------
215 00
23. Industrial Latex---------------------------------------
205. 00
24. Kego Products-----------------------------------------
565.00
25. Kent Knitting Mills-------------------------------------
454. 00
26. Langer Transport --------------------------------------
85.00
27. Lewmar Paper----------------------------------------
600.00
')R. L. & R. Mfg. Co--------------------------------------
504.00
29. Malan Dye-------------------------------------------
155.00
30. Modern Hat------------------------------------------
180.00
31. Reade Mfg--------------------------------------------
900.00
32. Rego Wire--------------------------------------------
580.00
33. Remis & Co------------------------------------------
95.00
34. Robert Reiner, Inc-------------------------------------
2, 625.00
35. Frank B. Ross-----------------------------------------
215.00
36. S.
M. Frank------------------------------------------
525.00
37. Testrite ----------------------------------------------
215.00
38. Vargeo ----------------------------------------------
100.00
39. Weidman-Beisler --------------------------------------
425.00
40. Zimmermann Bakery -----------------------------------
140.00
Total----------------------------------------------- 24,918.10
Appendix II
1. Madeira Sportswear------------------------------------
$575.00
2. Royal Plating----------------------------------------- 1,045.00
3. Weiss Printing-----------------------------------------
335.00
Total ---------------------------------------------- 1,955.00
Appendix III
1. Atlantic Box -------------------------------------------- $125.00
2. First National Stores ------------------------------------- 1,095.00
3. Honey Dew Market --------------------------------------
510.00
4. Hertz U-Drive ------------------------------------------ 2,240.00
5. Kennedy Buick ------------------------------------------ 1,600.00
6. Lincoln Rug -------------------------------------------- 1,475.00
7. Liss Drugs ---------------------------------------------- 1,313.50
8. Reuther Material ---------------------------------------- 1,125.00
9.
Sigrist Motors -------------------------------------------
350. 00
Total
------------------------------------------------
9,833.50
Appendix N
1. Home Fuel of East Orange ------------------------------- $1, 552.75
2. Mitchell
Oil -------------------------------------------
3,096.00
3. Rettig Coal Co. ----------------------------------------
1, 875.00
4. Sunrise Oil -------------------------------------------- 1,880.00
5. Supreme Fuel ------------------------------------------ 9,030.00
6. Town Fuel ---------------------------------------------
292.00
Total ----------------------------------------------- 17,725.75
750
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I find that the Respondents are engaged in commerce within the meaning of the
Act.
II. THE UNFAIR LABOR PRACTICES
On April 8, 1962, about eight employees met at the home of Levy Blount to discuss
some grievances which they planned to submit to the Respondents .
They drew up a
list of grievances and agreed that Blount should have the list typed.
On the following Tuesday morning, April 10, Blount brought the typewritten list
to work.
All 13 of the Respondents' employees, including those who had been pres-
ent at the meeting of April 8, signed the list of grievances .
It was then given to
Arthur Moore with instructions to present it to the Respondents .
The employees then
left the plant to go out and work on their assigned jobs.
Employee Alson Barrett was the first to return to the plant that night .
Schlossberg
told him to tell the other employees not to leave the plant after reporting in as he
wanted them to attend a meeting .
About 6 p.m. all of the employees , excepting Willis
Murphy, Thomas Marley, Dempsey George, and Arthur Moore, who were still out on
jobs, met with Schlossberg and Bassoff in the office.
Schlossberg had the list of griev-
ances in his hand.
He said to Barrett, "Al, I hear that you are leaving us on May 1,
going into your own business ."
When Barrett said that he was, Schlossberg stated,
"Well, there is no further discussion that we could say here that would interest you in
any way, you can leave."
As Barrett was about to leave the office, Blount asked him
if he was discharged, saying, "As long as you are not fired, you have a right to be at
the meeting as an employee of Admiral."
Barrett then asked Schlossberg if he was
discharged
Schlossberg replied , "If you don't leave, you are fired."
When Barrett
again asked him if he was discharged , Schlossberg answered , "Yes, you are fired."
Barrett remained in the office.
Schlossberg then told the employees , in substance, that he had read the list of griev-
ances; that he did not agree with anything on the list; that no one was going to tell him
how to run his shop or business ; and that if the employees went "along with" the
grievances or did not agree with his plans, "that's it . . . it's been fun . .. you can
pick your check up Friday."
None of the employees said anything except Levy
Blount, who said "good night."
As they were punching out on the timeclock , Bassoff
took their timecards from the rack and told them , "You can pick up your pay
Friday." 2
On April 10 Willis Murphy and his helper, Thomas Marley, returned to the plant
about 7 p.m.
He reported the condition of the job upon which he had been working
to Schlossberg and Bassoff .
After changing his clothes he punched the timeclock for
himself and Marley. Schlossberg immediately removed Murphy's and Marley's time-
cards from the rack. Bassoff then asked Murphy to come to the office.
Concerning
his conversation with Bassoff and Schlossberg, Murphy testified credibly as follows:
I went into the office and Mr . Bassoff asked me did I know anything about the
list of grievances that he had received .
I told him yes, I had known about it and
I had signed it like the rest of the men .
And then he said, "Well, we can't go
along with that. If you go along with the list of grievances , you are no longer
employed by Admiral Welding."
And he told me
. he wasn't going to give
me any reference.
Also, he asked me for my keys to the shop.
At that time Mr. Schlossberg, we were having a little discussion , and Mr.
Schlossberg said he could have a shop full of men the next morning , he would
bet me my pay he would have a shop full of men the next morning.
And at the end of that discussion, Mr. Bassoff told me to pick up all my clothes
and personal belongings and clear the property and don 't come near the property
anymore.
After Marley changed his clothes and left the locker room, Bassoff came to him and
asked if he had signed the list of grievances and if he went "along with the grievances."
When Marley answered "yes" to both questions, Bassoff said, "You can't work here
anymore."
Dempsey George and Arthur Moore worked late on April 10 and called Schloss-
berg about 11.30 p.m. to report to him .
After Schlossberg mentioned the list of
grievances and the meeting with the employees earlier that night, he asked them if
they would report for work the following morning.
Both George and Moore told
him that they would.3
7 The evidence discloses that the timecards usually were not removed from the rack for
payroll purposes until Wednesday or Thursday
3 George, called as a witness by the Respondents , testified that Schlossberg asked him if
he knew about the list of grievances and, referring to the meeting , told him that "all the
guys walked out of the shop"
Moore testified, "[ Schlossberg] said he couldn ' t go along
ADMIRAL WELDING & BOILER MAINTENANCE
751
On the morning of April 11 the employees, including George and Moore , congre-
gated outside the plant between 7 : 30 and 8 a .m. Both Bassoff and Schlossberg were
at the plant although it was unusual for them to be there that early .
The employees
did not attempt to enter the plant and the Respondents did not ask them to go to work.
The employees had been standing near the plant for about a half hour when the local
police were called by the Respondents .
The police ordered the employees away from
the plant after getting permission from the Respondents for the employees to enter the
plant to get their personal belongings from the locker room.
Before the arrival of the police Willis Murphy, Cade Townsend, David Wellesley,
and Rudy O 'Neal left the vicinity of the plant in order to check on jobs of the Respond-
ents.
Wellesley went to a job on Newark Avenue in Jersey City and arrived there
about 9 : 10 a.m .
At the time a truck of a company named Reiner -Schlossberg 4 was
parked outside the Respondents' job.
Murphy went to the Respondents' job located in
Union City, New Jersey, arriving there shortly after 9 a.m.
Bassoff arrived at the
jobsite about 5 minutes later.
He threatened to call the police and have Murphy
arrested "for interfering with his business ."
About 9: 30 a.m. two men in a truck of
Reiner-Schlossberg arrived and went to work on the Respondents' job.
Employees Arthur Moore , Cade Townsend, Earl Moore, Thomas Conley, and
Dempsey George returned to work for the Respondents on April 13, 1962.
Employee
Charles George was rehired on June 7, 1962.
In making the above findings of fact I have credited the testimony of Blount, Bar-
rett, Otis Best, Murphy, Marley, Wellesley, Earl Moore, Townsend, and Charles
George.5
I find that the Respondent discharged Blount, Barrett, Marley, Murphy,
Conley, Townsend, O'Neal, Wellesley, Earl Moore, Best, and Charles George on
April 10, 1962, because of their concerted activities .
Since these activities were pro-
tected , the Respondents' conduct was violative of Section 8(a)(1) of the Act.
On
April 10 Schlossberg, in effect, told the employees that they were discharged if they
did not withdraw their list of grievances .
The employees remained silent.
The Re-
spondents then followed up Schlossberg 's statement by telling the employees to pick
up their paychecks on Friday, removing their timecards from the rack and subcon-
tracting out the work.
Further, the facts relating to the discharges of Murphy and
Marley confirm that Schlossberg intended by his statement at the meeting to notify
the employees that they were discharged .
Accordingly, the employees were justified
in not making any attempt to go to work on April 11. For the above reasons I reject
the Respondents' contention that the employees "simply walked off the job."
Contrary to the allegations of the complaint , I do not find that the Respondents dis-
charged Dempsey George and Arthur Moore.
Their testimony concerning their con-
versation with Schlossberg during the night of April 10 has been related above.6
Ac-
cording to them , they were not told by Schlossberg that they were discharged , and they
informed him that they would report for work the following morning.
III. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondents set forth in section IT, above, occurring in
connection with the operations of the Respondents described in section I, above,
have a close, intimate, and substantial relation to trade, traffic, and commerce among
the several States and tend to lead to labor disputes burdening and obstructing
commerce and the free flow thereof.
IV. THE REMEDY
Having found that the Respondents have engaged in certain unfair labor practices,
it will be recommended that they cease and desist therefrom and that they take
certain affirmative action designed to effectuate the policies of the Act.
It has been found that the Respondents in violation of the Act discharged Levy
Blount, Alson Barrett, Thomas Marley, Willis Murphy, Thomas Conley, Cade
Townsend, Rudy O'Neal, David Wellesley, Earl Moore, Otis Best, and Charles George.
with those grievances.
And he said . . . he told the men that were [at the meeting] that
they couldn't go along with them and everybody walked out."
' The evidence shows that the Schlossberg of Reiner-Schlossberg of Bronx, New York,
was the father of Respondent Jerry Schlossberg.
Respondent Schlossberg testified that
he made arrangements to subcontract the work on the Respondents ' Jobs at "about ten
after eight."
Bassoff testified to the effect that Reiner-Schlossberg was not called until
"ten, eleven o'clock," but did not appear on the job until "the afternoon "
3 Moore, Townsend, and George were called as witnesses by the Respondents
11 Moore, called as a witness by the General Counsel, testified to his conversation with
Schlossberg during cross -examination.
752
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, it will be recommended that the Respondents offer Blount, Barrett,
Marley, Murphy, O'Neal, Wellesley, and Best immediate and full reinstatement to
their former or substantially equivalent positions without prejudice to their seniority
or other rights or privileges, and make them and Conley, Townsend, Earl Moore
and Charles George whole for any loss of pay suffered by reason of the discharges
by payment to each of them of a sum of money equal to that which he would have
earned as wages from the date of the discharge, April 10, 1962, to the date of reinstate-
ment, less his net earnings during such period in accordance with the formula pre-
scribed in F. W. Woolworth Company, 90 NLRB 289, together with interest on
such sums, such interest to be computed in accordance with the formula prescribed
by the Board in Isis Plumbing & Heating Co., 138 NLRB 716.
Upon the basis of the foregoing findings of fact and upon the entire record in the
case I make the following:
CONCLUSIONS OF LAW
1. The Respondents are engaged in commerce within the meaning of the Act.
2. By interfering with, restraining, and coercing their employees in the exercise
of the rights guaranteed in Section 7 of the Act, the Respondents have engaged in
unfair labor practices within the meaning of Section 8(a)(1) of the Act.
3. By discharging Levy Blount, Alson Barrett, Thomas Marley, Willis Murphy,
Thomas Conley, Cade Townsend, Rudy O'Neal, David Wellesley, Earl Moore, Otis
Best, and Charles George because they engaged in protected concerted activities,
the Respondents have engaged in unfair labor practices within the meaning of
Section 8 (a) (1) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
RECOMMENDED ORDER
Upon the basis of the foregoing findings of fact and conclusions of law, the
Trial Examiner recommends that the Respondents , Jerry Schlossberg and Morton
Bassoff d/b/a Admiral Welding & Boiler Maintenance, their agents , representatives,
successors, and assigns, shall be ordered to:
1. Cease and desist from discharging employees because of their concerted activities
for the purpose of collective bargaining , or other mutual aid of protection.
2. Take the following affirmative action which it is found will effectuate the
policies of the Act:
(a) Offer Blount, Barrett, Marley, Murphy, O'Neal, Wellesley, and Best immediate
and full reinstatement to their former or substantially equivalent positions without
prejudice to their seniority or other rights or privileges , and make them and Conley,
Townsend, Earl Moore, and Charles George whole in the manner set forth in section
IV, above, entitled "The Remedy."
(b) Preserve and, upon request, make available to the National Labor Relations
Board or its agents for examination and copying all records necessary for the deter-
mination of the amounts of backpay due under these recommendations.
(c) Post at their plant in Jersey City, New Jersey, copies of the attached notice
marked "Appendix." 7
Copies of said notice, to be furnished by the Regional Director
for the Twenty-second Region , shall, after being duly signed by the Respondents or
their authorized representative, be posted by Respondents immediately upon receipt
thereof and maintained by them for a period of 60 days thereafter in conspicuous
places including all places where notices to employees are customarily posted.
Rea-
sonable steps shall be taken to insure that said notices are not altered, defaced, or
covered by any other material.
(d) Notify the Regional Director for the Twenty-second Region , in writing, within
20 days from the date of the receipt of this Intermediate Report , what steps they
have taken to comply herewith.8
It is further recommended that the complaint be dismissed insofar as it relates
to Arthur Moore and Dempsey George.
I In the event that this Recommended Order be adopted by the Board, the words "A
Decision and Order" shall be substituted for the words "The Recommended Order of a
Trial Examiner" In the notice. In the further event that the Board's Order be enforced
by a decree of a United States Court of Appeals, the words "Pursuant to a Decree of the
United States Court of Appeals, Enforcing an Order" shall be substituted for the words
"Pursuant to a Decision and Order."
I In the event that this Recommended Order be adopted by the Board, this provision
shall be modified to read: "Notify said Regional Director, In writing, within 10 days from
the date of this Order, what steps the Respondents have taken to comply herewith."
SOUTHERN GREYHOUND LINES, DIV. GREYHOUND CORP .
753
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, as amended, we hereby notify our employees that:
WE WILL NOT discharge our employees because of their concerted activities
for the purpose of collective bargaining or other mutual aid or protection.
WE WILL offer to the following employees immediate and full reinstatement
to their former or substantially equivalent positions, without prejudice to their
seniority or other rights and privileges:
Levy Blount
Willis Murphy
Alson Barrett
Rudy O'Neal
Thomas Marley
David Wellesley
Otis Best
WE WILL make the above employees and Thomas Conley, Cade Townsend,
Earl Moore, and Charles George whole for any loss of pay suffered as a result
of their illegal discharge.
JERRY SCHLOSSBERG AND MORTON BASSOFF d/b/a
ADMIRAL WELDING & BOILER MAINTENANCE,
Employer.
Dated-------------------
By-------------------------------------------
(Representative)
(Title)
NOTE.-We will notify any of the above-named employees presently serving in
the Armed Forces of the United States of their right to full reinstatement upon
application in accordance with the Selective Service Act and the Universal and
Military Training and Service Act of 1948, as amended, after discharge from the
Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
Employees may communicate directly with the Board's Regional Office, 614
National Newark Building, 744 Broad Street, Newark 2, New Jersey, Telephone
No. Market 4-6151, if they have any question concerning this notice or compliance
with its provisions.
Southern Greyhound Lines, Division of the Greyhound Corpora-
tion 1 and District Lodge 40, International Association of
Machinists, AFL-CIO, Petitioner
Southern Greyhound Lines, Division of the Greyhound Corpora-
tion, Petitioner and Amalgamated Association of Street, Elec-
tric Railway and Motor Coach Employees of America, AFL-
CIO, Divs. 1174, 1238, 1303, 1314, 1315, 1323, 1326, 1500
Southern Greyhound Lines, Division of the Greyhound Corpora-
tion, Petitioner and Amalgamated Association of Street, Elec-
tric Railway and Motor Coach Employees of America, AFL-
CIO, Divs. 1174, 1238, 1303, 1314, 1315, 1323, 1326, 1500 ; Building
Service Employees International Union, Local No. 275, AFL-
CIO; International Association
of
Machinists,
AFL-CIO;
International Association of Machinists, District Lodge No.
112, AFL-CIO ; Teamsters, Chauffeurs, Warehousemen and
Helpers Local Union No. 390; and Division 1493, Amalgamated
1 The names of the parties appear as amended at the hearing.
141 NLRB No. 63.