Amalgamated Assn. of Street, Electric Railway, Etc.

National Labor Relations Board - Board Decisions

Apr 23, 1963

142 N.L.R.B. 174 (N.L.R.B. 1963)

174 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
DETERMINATION OF DISPUTE
Upon the basis of the foregoing findings, and upon the entire record
in the case, the Board makes the following determination of dispute
pursuant to Section 10 (k) of the Act :
1. Electricians employed by George D. Edwards Electric Company,
Inc., and Purvis Electric Company, a joint venture, who are rep-
resented by International Brotherhood of Electrical Workers, AFL-
CIO, Local Union No. 429, are entitled to perform the work of un-
loading "ramming paste" and other materials to be used by electricians
in their construction work at the Consolidated Aluminum Corpora-
tion project in New Johnsonville, Tennessee.
2. Teamsters, Chauffeurs, Helpers and Taxicab Drivers Local Union
No. 327, affiliated with International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and. Helpers of America, is not, and has
not been, lawfully entitled to force or require S & W Construction
Company of Tennessee, Inc., and George D. Edwards Electric Com-
pany, Inc., and Purvis Electric Company, a joint venture, to assign
the disputed work to warehousemen.
3. Within 10 days from the date of this Decision and Determination
of Dispute, Teamsters, Chauffeurs, Helpers and Taxicab Drivers Lo-
cal Union No. 327, affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen, and Helpers of America, shall
notify the Regional Director for the Twenty-sixth Region, in writ-
ing, whether or not it will refrain from forcing or requiring S & W
Construction Company of Tennessee, Inc., and George D. Edwards
Electric Company, Inc., and Purvis Electric Company, a joint ven-
ture, by means proscribed by Section 8(b) (4) (D), to assign the work
in dispute to warehousemen, who are its members, rather than to
electricians, who are represented by International Brotherhood of
Electrical Workers, AFL-CIO, Local Union No. 429.
job. There is no dispute, and therefore no Board determination , as to installation of this
material . Inasmuch as the present decision cannot in any way prejudice the Bricklayers,
the motion to intervene is hereby denied.
Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America , AFL-CIO, Its Division 1230
and Their Agent Mario Zoccolante and Plymouth and Brock-
ton Street Railway Company. Case No. 1-CB-791. April °23,
1963
DECISION AND ORDER
On January 7, 1963, Trial Examiner C. W. Whittemore issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent Division 1230 and its agent, Mario Zoccolante, had en-
142 NLRB ' No. 24.
AMALGAMATED ASSN. OF STREET, ELECTRIC RAILWAY, ETC. 175
gaged in and were engaging in certain unfair labor practices and
recommending that they cease and desist therefrom and take certain
affirmative action, as set forth in the attached Intermediate Report.
The Trial Examiner also found that the Respondent Amalgamated
had not engaged in any unfair labor practices and recommended dis-
missal of the complaint with respect to it. Thereafter, the General
Counsel filed exceptions to the Intermediate Report, together with a
supporting brief. The Charging Party and Respondent Division 1230
and its agent, Mario Zoccolante, filed exceptions to the Intermediate
Report. The Respondent Amalgamated filed a reply brief in opposi-
tion to the General Counsel's brief and exceptions to the Intermediate
Report.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its authority in this case to a three-member panel [Chair-
man McCulloch and Members Fanning and Brown].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record 'in
this case, and hereby adopts the findings, conclusions,' and recom-
mendations 2 of the Trial Examiner except as modified herein.
ORDER
Upon the entire record in this case and pursuant to Section 10(c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that Division 1230, Amalgamated
Association of Street, Electric Railway and Motor Coach Employees
of America, AFL-CIO, its officers, agents, representatives, successors,
and assigns, and Mario Zoccolante, shall:
1. Cease and desist from :
1 We concur In the Trial Examiner ' s ultimate conclusion that Respondent Division 1230
and Its agent , Mario Zoccolante , violated Section 8 ( b) (1) (A) of the Act. In doing so,
however, we do not adopt the Trial Examiner 's statement in footnote 10 of the Interme-
diate Report that the Charging Party attempted " to fabricate" a case against certain
union leaders . In our opinion , the record amply discloses that the union leaders referred
to did engage in the unlawful conduct alleged and we have so found.
In addition , we find insufficient support in either past Board cases or the record herein
for the statements in footnote 4 of the Intermediate Report that refer to the Board's
"strained theory" of "self-coercion ." We therefore disavow that language in the Inter
mediate Report . However , this unsupported language of the Trial Examiner is net essen-
tial to our concurrence with the Trial Examiner's ultimate conclusions.
2 The General Counsel excepted to the Trial Examiner 's failure to provide in his recom-
mended order and notice for the specific conduct which was found to independently violate
Section 8 ( b) (1) (A) of the Act. We find merit In this exception . As the Trial Examiner
found , and we agree , that Respondent Division 1230 and its agent, Mario Zoccolante,
violated the Act by ". . . mass picketing preventing entry to and exit from the Company
property . . . threats . . . and throwing nails . . ." we shall specifically order them to
cease and desist therefrom and shall conform the notice to our Order. And, as we have
found , in agreement with the Trial Examiner , that Mario Zoccolante as an Individual
Respondent violated the Act, we shall direct the Order to Zoccolante , as well as to
Respondent 1230.
176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Preventing entry to, or exit from, the Plymouth and Brockton
Street Railway Company by mass picketing.
(b) Threatening employees of Plymouth and Brockton Street Rail-
way Company with physical violence to the employees and/or their
families, or damage to their property.
(c) Throwing nails under the buses of the above-named Company.
(d) In any other manner restraining and coercing employees of the
Plymouth and Brockton Street Railway Company in the exercise of
their rights guaranteed to them in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Post at its business offices and meeting halls in Plymouth,
Massachusetts, copies of the attached notice marked "Appendix." 3
Copies of said notice, to be furnished by the Regional Director for
the First Region, shall, 'after being duly signed by an official repre-
sentative of the Respondent Division 1230 and Respondent Mario
Zoccolante, be posted by them immediately upon receipt thereof, and
be maintained by them for a period of 60 consecutive days thereafter,
in conspicuous places, including all places where notices to its mem-
bers are customarily posted. Reasonable steps shall be taken by the
Respondents to insure that said notices are not altered, defaced, or
covered by any other material.'
(b) Mail to the Regional Director for the First Region signed
copies of the attached notice marked "Appendix" to be posted by
Plymouth and Brockton Street Railway Company, the company will-
ing, in conspicuous places in and about the Company's place of busi-
ness. Copies of this notice, to be furnished by the Regional Director,
shall be returned to the Regional Director forthwith for appropriate
disposition, after being signed by Respondent Division 1230 and
Respondent Mario Zoccolante.
(c) Notify the Regional Director for the First Region, in writing,
within 10 days from the date of this Order, what steps have been
taken to comply herewith.
IT IS FURTHER ORDERED that the complaint, insofar as it alleges that
the Respondent Amalgamated violated Section 8(b) (1) (A) of the
Act, be, and it hereby is, dismissed.
3 In the event that this Order- Is enforced by a decree of a United States Court of Appeals,
there shall be substituted for the words, "Pursuant to a Decision and Order" the words
"Pursuant to a Decree of the United States Court of Appeals, Enforcing an Order."
4 Since there is presently pending before the Regional 'Director for the First Region a
representation petition filed by the Employer (Charging Party herein) In which hearing
has been held (Case No., 1-RM-442), and since the unfair labor practices found herein
occurred more than 5 months ago, the Regional Director Is authorized to process that
petition, Including the conduct of an election prior to closing the Instant case, if in his
opinion -a free election, could' be conducted reflecting the untrammeled choice of. the
employees Involved.
AMALGAMATED ASSN . OF STREET , ELECTRIC RAILWAY, ETC. 177
APPENDIX
NOTICE TO ALL MEMBERS OF DIVISION 1230, AMALGAMATED ASSOCIATION
OF STREET , ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF
AMERICA, AFL-CIO, AND TO ALL EMPLOYEES OF PLYMOUTH AND
BROCKTON STREET RAILWAY COMPANY
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify you that :
WE WILL NOT prevent entry to or exit from the Plymouth and
Brockton Street Railway Company by mass picketing.
WE WILL NOT threaten employees of the above-named Company
with physical violence to themselves or to their families or damage
to their property.
WE WILL NOT throw nails under the buses of the above-named
Company.
WE WILL NOT in any other manner restrain or coerce employees
of Plymouth and Brockton Street Railway Company in the exer-
cise of the rights guaranteed them in Section 7 of the National
Labor Relations Act.
DIVISION 1230, AMALGAMATED ASSOCIATION
OF STREET , ELECTRIC RAILWAY AND MOTOR
COACH EMPLOYEES OF AMERICA , AFL-CIO,
Labor Organization.
Dated------------- --- By-------------------------------------
(Representative ) ( Title)
Dated---------------- By-------------------------------------
('MAnio ZOCCOLANTE , President)
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, 24 School Street, Boston, Massachusetts, 02108, Telephone No.
Lafayette 3-8100, if they have any question concerning this notice or
compliance with its provisions.
INTERMEDIATE REPORT AND RECOMMENDED ORDER
STATEMENT OF THE CASE
On August 30, 1962, a charge in the above -entitled case was filed by Plymouth and
Brockton Street Railway Company. Upon that charge the General Counsel of the
National Labor Relations Board on October 19, 1962, issued his complaint. and
notice of. hearing . Thereafter answers were received from the above-named Re-
spondents . , The complaint alleges and the answers deny that. by certain picketing
conduct the Respondents have engaged in. unfair labor practices in violation of
Section 8 ,(b),(1) (A) of the National Labor Relations Act, as amended. Pursuant
to said notice , a hearing was held in Plymouth , Massachusetts ,. on, November 15
and 16 , 1962, before Trial Examiner C. W. Whittemore
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the hearing all parties were represented by counsel and were afforded full
opportunity to present evidence pertinent to the issues, to argue orally, and to file
briefs. Briefs have been received from General Counsel and the Respondents. .
Upon the record thus made, and from his observation of the witnesses, the
Trial Examiner makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE CHARGING PARTY
Plymouth and Brockton Street Railway Company is a Massachusetts corporation,
with principal office and place of business in Plymouth, Massachusetts. From its
Plymouth terminal it is engaged in the interstate and intrastate transportation of pas-
sengers by bus. It regularly maintains passenger service between Boston and points
in southeastern Massachusetts. It interlines with interstate carriers by bus and with
the New Haven Railroad. It provides charter bus service and, by direction of the
Massachusetts Department of Public Utilities, is a substitute service for the discon-
tinued Old Colony Branch of the New Haven Railroad.
During the year 1961 it received gross revenues of more than $250,000, of which
a substantial portion was received from interstate charter operations.
The Charging Party is engaged in commerce within the meaning of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED I
The Respondents Amalgamated and its Division 1230 are labor organizations
within the meaning of the Act.
III. THE UNFAIR LABOR PRACTICES
A. Setting and major issues
All of the conduct claimed by General Counsel as being violative of Section
8 (b) (1) (A) occurred during a strike of employees of the Charging Party which
began on May 28, 1962. Only the nature of the conduct itself is raised as an issue,
not the purpose of the strike?
Most of the incidents involved took place at or near the Plymouth terminal of the
Employer. The "terminal" building houses the garage, general offices, and waiting
room. A public sidewalk parallels the front of the building, about 20 feet distant
from the garage doors. Since buses are about 40 feet long, it is obvious that to
enter or leave the garage a bus must necessarily, if wholly outside the doors, occupy
both company and public property. And since it is undisputed that throughout
the material period the striking drivers picketed by walking back and forth or in
circles on the sidewalk itself, it is likewise clear that to enter or leave the garage
it was necessary for the buses to cross the picket line.
B. Relevant facts
As to the conduct by pickets credible evidence establishes that:
(1) For a considerable period after the employer attempted to resume regular
scheduled runs to and from Boston it was the practice of several pickets to block
exit and entry from and to the Plymouth garage by walking in close formation on
the sidewalk, and to continue such blocking until local police were called to cause
their dispersal. Without attempting to describe each of such "blockings" or to
set out the precise number of minutes departures from this terminal were delayed,
the evidence warrants the general finding that seldom, if ever, did the pickets move
out of the way until police required them to do so.
(2) As a witness Mario Zoccolante, president of Division 1230, admitted that
he was "in charge" of the picketing at all times. And on most of the occasions
in issue Zoccolante and/or other officers and committeemen of the Local were
'Apparently by inadvertence the word "Railway" was omitted from the caption of the
original complaint and the error was thereafter continued in other formal papers, as well
as briefs. The Trial Examiner takes official notice of the actual name of the organization,
and the error Is hereby ordered corrected in all formal documents herein involved.
2 The Trial Examiner agrees with General Counsel's statement in his brief : "The Em-
ployer practices which prompted the calling of the strike are immaterial ." General
Counsel, however , has apparently modified his opinion since at the hearing he claimed
that the cause of the strike is "an important fact," and insisted that "the purpose of
the strike is a crucial point in this matter."
AMALGAMATED ASSN. OF STREET, ELECTRIC RAILWAY, ETC. 179
present on the picket line. Such agents of the Local include Vanzini, Silva, Lamb,
Sherman, and Almeida.
(3) For some weeks after the Company attempted to resume its regularly sched-
uled runs it appears from the evidence that various members of the Anzuoni family 3
took the places of striking drivers. So far as the record reveals it was not until
early August that the Company began training and using replacements for the
strikers. "Mass picketing" continued, however, in sufficient numbers to bar or
delay buses from leaving or entering company property, whether the drivers were
new employees or management representatives.
(4) On at least one day, August 29, pickets did not "disperse" at the request of
local police present, and no buses were permitted to cross the sidewalk at the
customary location.
(5) While the Trial Examiner finds in the record no credible evidence of actual
violence,4 there is credible testimony to the effect that threats were implied in re-
marks made by strikers to certain new drivers hired as replacements. These
incidents:
a. As new employee Gorman parked his bus in the street in Plymouth on Au-
gust 29, the first day of his employment, Union Committeeman Silva came up to
him while he remained in the bus and told him "we'll get you." President Zoccolante,
beside the bus, called attention to Gorman's automobile nearby and said to other
strikers, "See that car, that's the car to get."
b. On or about August 10, when new employee D'Abre was in training and as
he got off the company bus near its Boston terminal, Union Officer Vancini came
by and declared "We'll take care of you." 5
c. About a week later, as D'Abre was taking a bus through the picket line, some-
one called out "find out where he lives, find out who he is," and President Zoccolante
replied, "Don't worry, we'll get him; we'll go to his house and get him." 6
d. Later the same morning, after D'Abre had transferred from one bus to another
and had returned to Plymouth, Committeeman Silva drove up in his taxicab and
called out to him, "We'll get you." 7
e. About August 10, while new employee Curley was in a coffeeshop near the
Boston terminal, he was approached by Committeeman Almeida who said, "You
know what happens to guys like you? Well, we'll get you and your family." 8
(6) On October 31, as Vice President George Anzuoni halted his bus across the
sidewalk to await traffic clearance he saw picket Sherman toss roofing nails under his
rear tires. He got out of the bus, demanded of Sherman what he thought he was
doing, picked up the nails and drove off.9
S Richard Anzuoni, a stockholder in the concern ; L. A. Anzuoni, a director ; Albert
Anzuoni, treasurer and general manager ; and George S. Anzuoni, vice president.
4 With all due respect to General Counsel's representatives, the Trial Examiner doubts
if they seriously seek a finding of violence to be based upon testimony that on one occasion
a striking driver "bumped" his shoulder against a bus as it crossed the line. No damage
was done to the bus. Only by torturing the- Board's already strained theory that a
striking employee must be inferred , to a be a victim of his own action could it be inferred
that by bumping his own shoulder against a 40-foot bus a striker might later fear to return
to work, and thus be deterred from exercising his right under Section 7 of the Act not to
strike. There is a point , it would reasonably seem , where the theory of self-coercion
becomes a self-revealed absurdity.
8 The Trial Examiner credits D'Abre's testimony as to the quoted remark. Vancint
admitted being at the spot and making some remark. The Trial Examiner does not
believe D'Abre's other testimony to the effect that shortly before the occasion described
and while "standing out on another street there with my suitcase, waiting for the bus
to come by and pick me up," be beard Vancini tell someone in a "blue Cadillac" with him,
"Let's get the so-and-so." The Trial Examiner has grave doubt that D'Abre could have
heard what, if anything, Vancini said, not to him , but to someone else in a passing car.
Furthermore, D'Abre admitted being a friend of the Anzuonis and his demeanor as a
witness made it apparent that he was striving to give testimony favorable to his friends.
9 The Trial Examiner does not credit Zoccolante's denial that he made this remark. He
admitted the occasion and his presence.
7 Silva admitted his presence in his cab and that he "hollered out scab ," but denied that
he said anything else.
8 Almeida, although a witness , was not questioned about this implied threat.
6 The Trial Examiner does not accept as true Sherman 's denial that he engaged in such
conduct. Anzuoni's testimony about the incident was straightforward and the action he
712-548-64-vol. 142-13
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
C. Conclusions
Being bound by Board conclusions in numerous cases, the Trial Examiner must
conclude and find that by the above-described conduct of pickets and strikers under
Zoccolante's charge: mass picketing preventing entry to and exit from the company
property in Plymouth, implying threats against employees Gorman, D'Abre, and
Curley, and throwing nails under a bus driven by George Anzuoni, the Respondent
Division 1230 and its agent, Mario Zoccolante, have restrained and coerced em-
ployees in the exercise of rights guaranteed by Section 7 of the Act.I°
The Trial Examiner finds no substantial evidence in the record, however, warrant-
ing the conclusion sought by General Counsel that the Respondent Amalgamated
must also be found to have engaged in unlawful conduct, or at least be accountable
for it. The mere fact that the International authorized the Local's vote to strike
does not justify the inference that at the same time it also auhorized unlawful acts
in conducting the strike. In processing a case a representative of General Counsel
is plainly acting as an authorized agent of General Counsel. But General Counsel
would rise in righteous wrath to oppose the imputation that he, himself, was also to
be held accountable for any unethical conduct engaged in by his representative at
a hearing."
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent Division 1230 and its agent, Mario Zoccolante,
set forth in section III, above, occurring in connection with the operations of the
Charging Party 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 of commerce.
claims he took was that of a reasonable person. On the other hand, 'the Trial Examiner
cannot believe Gorman's testimony that on the same date he also saw Sherman toss nails
under his tires. Gorman said he drove off, however, and not until later telephoned back
to the terminal to warn others. Had he actually seen nails tossed under his tires, it is
reasonable to believe that he would have done as Anzuoni did, get out and pick them up.
Further doubt upon Gorman's testimony as to this incident is cast by the fact that on
cross-examination be admitted that he "just seen objects fall," yet in an affidavit previously
executed by him before the same George Anzuoni he stated definitely that he saw Sherman
"'throw roofing nails under the tires." It is clear that Gorman was telling an untruth
either as a witness at the hearing or as an of lant before his own employer.
io The Trial Examiner does not credit General Manager Albert Anzuont's testimony to
the effect that on June 20 striking driver Silva threatened to break his leg or that on
June 8 Zoccolan'te and Silva threatened certain charter drivers for another busline with an
accident. As the record reveals, this Anzuoni made extravagant efforts to color his testi-
mony in expressing his resentment against the strikers. According to his own admission
he hired a commercial photographer on June 2G and August 29 and 30, to take pictures
of his employees on the picket line. He definitely identified as being present on June 8
two individuals-one a charter driver and the other a striker-whose later and more
credible testimony establishes were nowhere near the location in question. (The charter
driver was in New Hampshire, on another charter run ; the striker' was working as a
butcher in North Plymouth. Although records of such employment were obviously avail=
able General Counsel made no revealed effort to obtain them in rebuttal.) It became
apparent to the Trial Examiner during the bearing that the Charging Party was doing its
utmost to fabricate a case against certain union leaders, notably Silva and Zoccolante, as
a preliminary move to justify refusal to reinstate them when and if they desired to return.
Nor is the Trial Examiner, on the basis of evidence in this record, able to find unlawful
the claimed harassment of new employee Curley while driving his bus along Route 128 into
Boston early In August. Anyone who has driven along this route during the rush hour
period of the morning (when Curley testified certain strikers drove around in front of his
bus) would find it difficult to determine who is harassing whom in such congested traffic.
"There is no evidence that any International representative was in Plymouth at any
time during the strike. Even If Albert Anzuonl's testimony be credited, it appears that
he saw, on one occasion during the strike, International Representative Fitzgerald talking
to some of the strikers on a public sheet In Boston near the'Hotel Essex, from which point
the Company pick up passengers. Anzuoni admitted that he could not hear what was said
by anyone. Although born and brought up in' this Commonwealth where inferences of
guilt have not been uncommon, the Trial Examiner finds no reason here to indulge in the
intellectual dissipation ofinferring that' Fitzgerald on this occasion advised, approved, or
verbally condoned pickets in Plymouth or elsewhere to;engage in unlawful conduct.
AIR MASTER CORPORATION, ETC. 181
Upon the basis of the foregoing findings of fact , and upon the entire record in the
case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. Division 1230, Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America, AFL-CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act.
2. By restraining and coercing employees in the exercise of rights guaranteed by
Section 7 of the Act, the Respondent Division 1230 has engaged in and is engaging
in unfair labor practices within the meaning of Section 8(b) (1) (A) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
4. The Respondent Amalgamated has not engaged in unfair labor practices in vio-
lation of the Act.
[Recommended Order omitted from publication.]
Air Master Corporation ; Air Master Manufacturing Company,
Inc.; Philadelphia Industries , Inc.; Aluminum Press Corpora-
tion ; Aluminum Smelting Corporation and United Industrial
Workers of North America of the Seafarers International.
Union of North America , Atlantic, Gulf, Lakes & Inland
Waters District , AFL-CIO
Allied Trades and Bulk Plant Workers; Amusement Park Work-
ers and Industrial Workers Local 158, Philadelphia and Vi-
cinity, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America and United Industrial
Workers of North America of the Seafarers International
Union of North America, Atlantic, Gulf, Lakes & Inland
Waters District , AFL-CIO. Cases Nos.. -CA-25/5 and 4-CB-
823. April 23, 1963
DECISION AND ORDER
On December 19, 1962, Trial Examiner Harold X. Summers issued
his Intermediate Report in the above-entitled proceeding , finding that
the Respondents have engaged in and were engaging in certain unfair
labor practices and recommending that they cease and desist there-
from and, take certain affirmative action as recommended in the at-
tached Intermediate Report. Thereafter, the General Counsel and
the Respondents filed exceptions and supporting briefs.
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 of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the entire rec-
142 NLRB No. 23.