Henry M. Hald High School Association

480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Henry M. Hald High School Association and Roman Catholic Diocese of Brooklyn and Lay Faculty Association, Local 1261, American Federation of Teachers, AFL-CIO. Case 29-CA-3813 February 4, 1975 DECISION AND ORDER BY ACTING CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO On September 30, 1974, Administrative Law Judge Benjamin K. Blackburn issued the attached Decision in this proceeding. Thereafter, Respondent Henry M. Hald High School Association filed exceptions and a supporting brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three -member panel. The Board has considered the record and the attached Decision in light of the exceptions and brief and has decided to affirm the rulings , findings,' and conclusions of the Administrative Law Judge and to adopt his recommended Order. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Administrative Law Judge and hereby orders that Respondents, Henry M. Hald High School Association and Roman Catholic Diocese of Brooklyn, Brooklyn, New York, their officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order. I Respondent Henry M. Hald High School Association has excepted to certain credibility findings made by the Administrative Law Judge. It is the board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions are incorrect. Standard Dry Wall Products, Inc., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings. DECISION STATEMENT OF THE CASE BENJAMIN K. BLACKBURN, Administrative Law Judge: The charge was filed on April 15, 1974.1 The complaint was issued on June 18. The hearing was held on August 13 in Brooklyn, New York. i No representative of the Roman Catholic Diocese of Brooklyn appeared at the hearing and no counsel entered an appearance on its behalf. Counsel for the Hald Association raised the issue of whether the charge had ever been served on the diocese . I find that it was, on June 17, 1974, by personal service on Brother Medard Shea, assistant superintendent for 216 NLRB No. 94 The only issue litigated before me was the motive of Sister Ann Gray, chairman of the foreign language department, in recommending, and Hugh Kirwan, princi- pal of Christ the King High School , in deciding that Joseph Poole, a teacher of French, not be rehired for the 1974-75 school year. For the reasons set forth below I find they were motivated in substantial part by his union activities and, therefore, Respondents violated Section 8(a)(3) and (1) of the National Labor Relations Act, as amended. Upon the entire record, including my observation of the demeanor of the witnesses, and after due consideration of briefs, I make the following: FINDINGS OF FACT I. JURISDICTION AND JOINT EMPLOYERS Other than the motive for the discharge of Joseph Poole, the only issue posed in this record is whether the Hald Association and the Roman Catholic Diocese of Brooklyn are, in the words of the complaint, "affiliated organizations, the joint employers of the employees in" a group of high schools which includes Christ the King. The circumstances under which the Roman Catholic Diocese of Brooklyn created the Hald Association and turned over to it the operation of certain diocesan high schools , including Christ the King, are the substance of Henry M. Hald High School Association and The Sisters of St. Joseph, 213 NLRB No. 54 ( 1974), an 8(a)(5) and (1) case. On September 23, 1974, the Board affirmed the rulings , findings, and conclusions of Administrative Law Judge Lowell Goerlich in that case, with modifications. In footnote 2 of its Decision and Order, the Board said: In the absence of exceptions thereto we accept pro forma the finding of the Administrative Law Judge that the operations of the Respondent affect commerce within the meaning of Sec . 2(2), (6), and (7) of the Act and his conclusion that the Board should assert jurisdiction here. In this case, the parties agreed that the joint employer issue should be resolved on the basis of designated portions of the record made before Judge Goerlich. The question of jurisdiction is related to and, in a sense, part of that issue. Consequently, on the basis of those portions of the record made before Judge Goerlich which have been incorporated into the record in this case, as well as certain admissions as to jurisdictional facts contained in the Hald Association's answer, I make the same findings of fact as Judge Goerlich with respect to jurisdiction and the relationship between the Hald Association and the Roman Catholic Diocese of Brooklyn. I hereby incorporate those findings of fact into this Decision by reference. I also reach the same conclu- sions of law as Judge Goerlich, namely, that the Hald Association is engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act and that the Hald teacher personnel service on Schools Office of the Diocese of Brooklyn. This finding is based on testimony and an exhibit made part of the record in a companion case, Henry M. Hald High School Association, Roman Catholic Diocese of Brooklyn, and Sisters of St. Joseph, Can 29-CA-3823, tried before me on August 14, 1974. HENRY M. HALD HIGH SCHOOL ASSOCIATION 481 Association "is clearly the alter ego of the Bishop of Brooklyn." and because of her admission that she made similar antiunion remarks at other times and under other circum- stances, thus: II. THE UNFAIR LABOR PRACTICE A. Credibility The crux of this case is a conversation in the last week of March 1974 between Robert Gordon, president of Local 1261, and Sister Ann Gray and a conversation on April 10, 1974, between Gordon and Hugh Kirwan. Gordon attributed to each statements which establish beyond a doubt their discriminatory motive for selecting Joseph Poole rather than Nicol Fabien for termination in the course of a reduction of the faculty at Christ the King High School. Each admitted that the conversation described by Gordon took place but denied categorically making the damning remarks. I credit Gordon over Sister Ann Gray because of the uncertainty of her recollection as to what was said, thus: Q. Would you describe what occurred at that meeting, what was said? A. The meeting, I believe, if it is the same one, was occasioned by just a conference with Mr. Gordon on certain teaching problems, marking and grading and so forth. I do recall, as he left, he asked me a question about what I supposed would be taking place in the area of cutbacks in language. Of course, French, as everyone knew the focus was on French as a problem, the diminishment of the classes. I recall saying yes, there are cutbacks and, yes, it is a problem. I did not say anything about who would be the subject of a cutback. Q. Did Mr. Gordon ask you who would be the subject of a cutback? A. He may have asked me, but I did not divulge it. I don't recall him having asked me who. Or if he did ask me who, I did not say who. To do so, it would have been a lack of integrity on my part, I feel. r • • • s Q. And do you recall whether Mr. Gordon asked you whether there had been any decision made as to Mr. Poole or Mrs. Fabien? A. The question may have been asked. I am almost- I am certain that I did not answer the question. Q. You never told Mr. Gordon that it was a difficult choice but that you would prefer to retain Mrs. Fabien because she was a better teacher? A. I may very possibly have said yes, it is a difficult choice. I did not say what the choice was. And I might add that I had not perhaps even made the decision as to what the choice was at that time. [Emphasis supplied.] Q. Mr. Gordon also stated, I believe, that you stated to him at that meeting that you would have- that he would have to make a choice between the union and the school. Did you make such a statement or anything like it? A. I have made several statements on several different occasions expressing my opinion of what was happening to our school due to union activities, other activities. I do recall having said, in a social context, not in an official way, that if things were to continue as they were with numerous grievances, etcetera, etcetera, that we would both see our school close. Now, I said this colleague to colleague in a very free situation in which you would express an opinion. I did not make it in any kind of closed, formal statement. I credit Gordon over Kirwan because Kirwan admitted discussing Poole's connection with a grievance over teacher replacements filed by Gordon on November 20, 1973, thus: Q. . . . Can you tell us whether at that April 10th meeting concerning the excess of Mr. Poole , or at any other meeting you may have had with Mr. Gordon in that area, whether you ever said to Mr. Gordon that Mr. Poole was a pain in the neck? A. I did not. Q. Did you ever say that Mr. Poole was a constant complainer? A. No. I think we did discuss Mr. Poole's case in the sense of the letter that came to me. It was my assumption at that time that the original letter was a grievance being filed by Mr. Poole. Q. Was that the General Counsel's Exhibit 2, I believe? A. Right. Q. That was discussed at the April 10th meeting? A. Yes. Q. Did you ever accuse Mr. Poole of running to the union? A. I did not. Q. Did you state to Mr. Gordon that you can't have people who are constantly running to the union? A. I did not. and because of the undisputed fact that Gordon only achieved tenure as a teacher at Christ the King after filing an unfair labor practice charge . The only other significant credibility conflict in the record involves the testimony of Gordon and Kirwan about the processing of a grievance in November 1973 over a day's pay for a teacher named Grace Krampe. In the course of their discussions, according to Gordon, Kirwan threatened to deny him tenure if Gordon did not stop filing grievances. Kirwan denied making any such threat . I find the unfair labor 482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD practice charge which was filed at that time over that incident and then withdrawn when Gordon received tenure dispositive of the credibility questions both as to what Kirwan said in November 1973 and as to what he said on April 10, 1974. B. Facts Other than the aspects discussed above, the facts in this case are undisputed. Joseph Poole joined the faculty at Christ the King when it opened in September 1963. For the most recent 7 or 8 years he taught French. Earlier, at various times, he taught Latin, English, and typing. He has been certified by the State of New York as a teacher of French, Latin, and Greek. He participated in a strike which Local 1261 called against the Hald Association in September 1973. Approxi- mately 75 of Christ the King's 104 lay teachers walked out. Nicol Fabien was among those who did not. The strike lasted about a month, ending around October 15, 1973. Poole- picketed at a school other than Christ the King during this period. When the strike ended, one of the teachers at Christ the King, Grace Krampe, did not return to work until the second day. She was docked a day's pay. Gordon went to see Kirwan about the lost pay in November, sometime around the 20th. Gordon argued that Miss Krampe should be paid because she had been prevented by illness from returning to work with all the other teachers on the day the strike ended. He said that, if the matter could not be resolved by Kirwan and him, he would have to file a formal grievance. Kirwan said, "I'm sick and tired of all of these grievances, I've had all I can take of contracts and union." Kirwan reminded Gordon that, in the spring of 1973, when Local 1261 staged a 1-day walkout on May 1, Kirwan had pointed out to Gordon that he had not yet achieved tenure2 and had warned him that , if he did not cease making trouble by engaging in union activities, Kirwan would see to it that his contract was not renewed for the next school year. As a result of this reiterated threat to Gordon's tenure, the unfair labor practice charge alluded to in the section entitled "Credibility" above was filed. Gordon and Kirwan resolved the dispute over a day's pay for Grace Krampe without a formal grievance being filed. She got her money after filing a written statement that she had been ill on the day in question. In the period following the strike Poole became con- cerned that he was being required to serve more than he should as a replacement for absent teachers during periods which he would otherwise have free under school policy that such duty should be shared equally by all teachers. He mentioned his concern to Gordon on November 19, 1973. Next day, Gordon prepared a letter to Kirwan dated November 20 and delivered it to Kirwan 's office. The letter charged a violation of the contract between Local 1261 and the Hald Association in that Christ the King had failed to abide by the pertinent portion of the Hald Association's faculty and staff handbook. Poole's name was not mentioned in the body of the letter. It was included among a list of persons whom Gordon listed as receiving carbon copies of the letter. Kirwan's first response following receipt of this letter was to summon Poole to his office. Kirwan said, "Are you filing a grievance against me?" Poole said, "Not really. I don't know what's going on." Kirwan showed him the letter. Poole said, "I don't know why my name is on it. I would assume that Mr. Gordon put my name on it because I was speaking to him around the same time that he wrote it and he wanted to let me know what was going on." Poole became annoyed again in January 1974 about the frequency with which he was assigned replacement duty. He went to the office and protested to Sister Mary Brown, Kirwan's administrative assistant. She explained to him how she went about making the assignments. Poole pointed out that a woman teacher , one Miss Duffy, had received only half the assignments he had received. He asked Sister Mary Brown if she thought that was fair. She replied, "Are you saying that I'm unfair?" Poole said, "Well, I have three [replacement periods] this week and it seems unfair that Miss Duffy didn 't get one this week at all."" Sister Mary Brown said, "Are you saying that I'm unfair?" Poole said, "No, I just asked you if you thought it was fair that I got three and she didn't have any this week." The handbook contains a provision that not more than 10 faculty meetings which run beyond the end of the school day will be held in the course of a school year. Sometime in November Poole became concerned that the rate at which such meetings were being held would result in meetings which violated this provision long before the end of the school year. Consequently, around November 20, 1973, Poole wrote a note to Gordon about this situation. A couple of weeks later, Sister Ann Gray approached Poole and said, "I saw your note on Mrs Canavan's desk." (Mrs Canavan is an assistant principal. She participated in negotiations on behalf of Local 1261 prior to her promotion to that post.) Poole said, "What note?" Sister Ann Gray said, "Oh, it's in your handwriting." Poole said, "Well I can't remember writing to Mrs. Canavan." Sister Ann Gray said, "It's a note to Bob Gordon that I saw." Poole then realized she was talking about his note on too many faculty meetings. Sister Ann Gray said, "I think you should have come to me rather than go running to Mr. Gordon with that information." Poole said, "Well, I had intended to speak to you about it, but I placed it on Mr. Gordon's desk and it completely slipped my mind, I just completely forgot about it." For economic reasons, the faculty at Christ the King had to be reduced by about 20 teachers for the 1974-75 school year. Under the contract between Local 1261 and the Hald Association, contracts must be tendered by April 15 for the ensuing year. Consequently, sometime in March, Sister Ann Gray, as head of the language department, was required to formulate her recommendations as to which teachers in that department should be let go. The 2 Under the contract between the Hald Association and Local 1261, teachers achieve tenure at the end of 3 years, after which time they can only I be discharged for cause. HENRY M. HALD HIGH SCHOOL ASSOCIATION 483 department had to be reduced by several Spanish teachers and by one and a fraction French teachers . The fraction was accomplished by Sister Ann Gray's dropping the two French classes she was teaching herself. This meant that one full-time French teacher had to be selected for termination from the three on the faculty. Sister Ann Gray immediately eliminated Marian Tobon from consideration because she could double as a Spanish teacher. (Miss Tobon is secretary of Local 1261.) As between the two remaining candidates-Joseph Poole and Nicol Fabien- Sister Ann Gray decided to recommend that Poole be terminated. She presented that recommendation at a meeting of the school's administrators, chaired by Kirwan, in late March. Kirwan accepted her recommendation after a discussion of the relative merits of Poole and Mrs. Fabien as teachers of French. There was no mention of Poole's union membership, activities, attitudes, or interests at this meeting. Neither was there any mention of Mrs. Fabien's lack of same. During the last week in March , Gordon spoke to Sister Ann Gray about cuts in her department. When she told him that French was an area affected because of enrollment problems , he asked whether any decision had yet been made as to who would be terminated . She replied that her role was only to make a recommendation but that, if it were her choice, she would keep Mrs. Fabien, who was a quiet teacher and did not give any trouble, rather than Poole, who was constantly complaining , going to the Union, and filing grievances. Gordon said he thought this was unfair and not the basis on which the selection should be made. Sister Ann Gray said that Poole, like Gordon, was interested only in increased salaries and better working conditions and that they would all have to make a choice between the Union and the school. On April 2, 1974, Gary Tankard, an assistant principal, asked Poole to come to the office . Poole joined Tankard there a few minutes later. Tankard said, "Do you know why you're here?" Poole said, "Not really." He asked whether it had something to do with one of the boys in his homeroom who had gotten into trouble shortly before. Tankard said, "No. You really don't know what you're here for? Well, we have decided to let you go." Poole said, "How do you feel about it?" Tankard said, "Well, Mr. Kirwan and I have never been in your class. Therefore, it was done on the recommenda- tion of the department chairman , Sister Ann. She decided to keep Mrs. Fabien because she decided Mrs. Fabien was a better teacher. If you would like, I can get you in to see Mr. Kirwan right away." Poole said, "Well, I don't see any reason to go and speak to Mr. Kirwan. He's made his decision. I just want to get out of here." Tankard said, "Well, if you're out in the hallway and you see Sister Ann, it would be better if you said nothing to her." On April 3, 1974, Poole told Gordon what had happened. On April 10, Gordon went to see Kirwan about various matters, including Poole's termination. Gordon said Poole had not been given any reason for being discharged. He told Kirwan he would like to know the reason. Kirwan said that he did not have any obligation to give a reason, but that if he was required to put something in writing he would say that Poole's position had been eliminated. Kirwan said Poole had been selected because he was a pain in the neck, a constant complainer who was always running to the Union when he did not get his own way. He mentioned specifically Poole's complaints over the replacement duty and excessive faculty meetings. He said he was sick and tired of grievances. He said it was common knowledge that Poole had been one of the picket organizers during the strike. Gordon tried to persuade Kirwan that Mrs. Fabien should have been selected rather than Poole. He pointed out, accurately, that Mrs. Fabien was qualified to teach only French, that she had been at Christ the King only 6 years while Poole had been there 11, that she was not certified in any language while Poole was certified in three, that Poole had a master's degree while she had none, and that it was only thanks to a grandfather clause in the Local 1261-Hald Association Contract which had been insisted on by the association that Mrs. Fabien was permitted to continue at the school from year to year despite her lack of certification. Gordon said the discharge of Poole was creating a severe morale problem since the teachers were seeing it as a discrimination for union activities . He urged Kirwan to reconsider for the sake of the school . Kirwan said that he would . Gordon suggested, as a compromise, a 1-year sabbatical for Poole during which he would acquire enough credits so that he could return in the 1975-76 school year as a Spanish teacher. That evening Kirwan telephoned Gordon at home. Kirwan said that he had discussed Poole's termination with others and a decision had been reached that Poole's attitude was such that he could not be allowed to remain at Christ the King. He said, however, it might be possible to offer Poole a sabbatical along the lines suggested by Gordon. Gordon said he would check with Poole and get back to Kirwan. Gordon telephoned Poole and discussed the sabbatical idea . Poole rejected it. Gordon telephoned Kirwan and told him of Poole's decision. C. Analysis and Conclusions On September 23, 1974, the same day it issued its Decision and Order in Henry M. Hald High School Association and The Sisters of St. Joseph, supra, the Board announced that it has under consideration "the issuance of a rule under which it would decline to assert jurisdiction over any aspect of the labor relations of private secondary and elementary schools and preschools ." I presume that these two events did not occur simultaneously by coinci- dence and that, therefore, high schools operated by the' Roman Catholic Church or its alter egos are the sort of "private secondary . . . schools" the Board has in mind. Consequently, it is likely that this case will ultimately be disposed of at the Board level by dismissal on jurisdictional policy grounds. With knowledge of that situation, I have decided to issue my Decision at this time in the interest of expeditious case handling rather than wait to see whether the Board does, in fact, adopt the rule it is considering. In view of the situation, the detailed analysis of the record I would have made to explain my conclusion that 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the record as a whole supports a finding of discriminatory motive even without the damning remarks made to Robert Gordon by Sister Ann Gray during the last week in March 1974 and by Hugh Kirwan on April 10, 1974, is superfluous. Kirwan testified his motive for accepting Sister Ann Gray's recommendation that Joseph Poole be terminated rather then Nicol Fabien was "[t]he very strong consensus of the whole group [at the meeting of the school's administrators at which the decision was made]' which is one of the ways that I would deal with such a problem, the department chairman, assistant chairmen were involved and all of the administrators, the agreement was, in the end, that Mrs. Nicol Fabien was the better of the two teachers" because of "[h]er rapport with the students, her approach to teaching, just in general that she was a better teacher than Mr. Poole, not that Mr. Poole was a poor teacher." Sister Ann Gray testified she recommended Poole be terminated rather than Mrs. Fabien because "[i]t was felt, on my part, that Mrs. Fabien possessed a greater ability to communicate the culture of her language also had a greater rapport with the students ... at times Mr. Poole has shown a certain inability to adjust to new teaching methods or to the philosophy as we were trying to propose it and a certain lack of creativity also in the teaching of his classes, which does not say he is bad.... Mr. Poole's rapport with the students on the whole.... [by "philosophy" I mean] where the emphasis lies, which would be on oral performance of the language over and above the intake of reading and writing and translation." I have no doubt these thoughts were in Kirwan's and Sister Ann Gray's minds and were the subjects discussed at the decisive meeting of the adminis- trators. In the face, however, of Kirwan's and Sister Ann Gray's statements to Gordon, there can be no doubt that what tipped a closely balanced scale in Mrs. Fabien's direction was the fact Kirwan and Sister Ann Gray viewed Poole as an agitator. Since his agitation took the form of union activity, it follows that they were motivated in substantial part by a reason proscribed by the Act. I find, therefore, Respondents violated Section 8(a)(3) and (1) when, on April 2, 1974, they terminated the employment of Joseph Poole, effective August 31, 1974. Upon the foregoing findings of fact, and upon the entire record in this case, I make the following: CONCLUSIONS OF LAW 1. Henry M. Hald High School Association and the Roman Catholic Diocese of Brooklyn are employers engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Henry M. Hald High School Association and the Roman Catholic Diocese of Brooklyn are affiliated organizations with common direction and labor relations policy and are joint employers of employees at Christ the King High School. 3. Lay Faculty Association, Local 1261, American Federation of Teachers , AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 4. By terminating the employment of Joseph Poole on April 2, 1974, effective August 31, 1974, for engaging in union activities Respondents have violated Section 8(a)(3) and (1) of the Act. 5. The aforesaid unfair labor practice is an unfair labor practice affecting commerce within the meaning of Section 2(6) and (7) of the Act. THE REMEDY In order to effectuate the policies of the Act, it is necessary that Respondent be ordered to cease and desist from the unfair labor practice found, remedy it, and post the usual notice. I will, therefore, recommend Respondents be ordered to reinstate Joseph Poole and make him whole for any earnings lost as a result of the discrimination against him by the payment of backpay computed on a quarterly basis, plus interest at 6 percent per annum, as prescribed in F. W. Woolworth Company, 90 NLRB 289 (1950), and Isis Plumbing & Heating Co., 138 NLRB 716 (1962). Upon the basis of the foregoing findings of fact, conclusions of law, and the entire record in this proceed- ing, and pursuant to Section 10(c) of the Act, I hereby issue the following recommended: ORDERS Henry M. Hald High School Association, its officers, agents, successors, and assigns, and the Roman Catholic Diocese of Brooklyn, its agents, successors, and assigns, shall: 1. Cease and desist from: (a) Discharging employees for engaging in union activities. (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of rights guaranteed in Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act: (a) Offer Joseph Poole immediate and full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or other rights and privileges, and make him whole for any earnings he lost, plus interest, as a result of his discharge on April 2, 1974, effective August 31, 1974. (b) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this recommended Order. (c) Post at all the high schools operated by Henry M. Hald High School Association in Brooklyn, New York, including Christ the King, copies of the attached notice 3 In the event no exceptions are filed as provided by Sec 102.46 of the 102.48 of the Rules and Regulations, be adopted by the Board and become Rules and Regulations of the National Labor Relations Board, the findings, its findings, conclusions, and order, and all objections thereto shall be conclusions, and recommended Order herein shall, as provided in Sec . deemed waived for all purposes. HENRY M . HALD HIGH SCHOOL ASSOCIATION 485 marked "Appendix." 4 Copies of said notice, on forms provided by the Regional Director for Region 29, after being duly signed by Respondent's authorized representa- tive, shall be posted by them immediately upon receipt thereof, and be maintained by them for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Respondents to insure that said notices are not altered , defaced, or covered by any other material. (d) Notify the Regional Director for Region 29, in writing, within 20 days from the date of this Order, what steps Respondents have taken to comply herewith. 4 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board having found, after a hearing, that we violated Federal law by discharging an employee for engaging in union activities , we hereby notify you that: The National Labor Relations Act gives all employees these rights: To engage in self-organization To form, join, or help unions To bargain collectively through a representa- tive of their own choosing To act together for collective bargaining or other aid or protection To refrain from any or all of these things. WE WILL NOT discharge you for engaging in union activities. WE WILL NOT, in any like or related manner, interfere with you or attempt to restrain or coerce you in the exercise of the above rights. WE WILL offer Joseph Poole immediate and full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or other rights and privileges, and make him whole for any earnings he lost as a result of his discharge on April 2, 1974, effective August 31, 1974. HENRY M. HALD HIGH SCHOOL ASSOCIATION AND THE ROMAN CATHOLIC DIOCESE OF BROOKLYN