Banner Die Fixture Co.

National Labor Relations Board - Board DecisionsSep 17, 1954

109 N.L.R.B. 1401 (N.L.R.B. 1954)

BANNER DIE FIXTURE COMPANY Lizzie B. Barnes Dorothy Barnett Paul E. Best Inez Beverly Mary E. Beverly Johnnie B. Bishop Harris Boyd Viola Boyd Frances P. Brown James W. Carver Zella Cason Mary Jane Clark Harley Conner Harvey Conner Robert L. Corbett Viola (Mrs. Robert) Corbett Nezzie Crosby Nellie Dowling James F. Duggan Elizabeth Ferguson Lonnie Freeman Marvin Gibson Sam Golden Early Gordon Sara Higgs Vienna Holmes Pearlie Mae Houston Rayfield Jones Viola Jones George R. Kennedy Willie L. Kennedy Nettie Kirkland Fronnie Lee Jim O. Lee Sara P. May William M. Merritt James Norris James Pittman Fannie F. Roberts Leavy G. Roberts Lola L. Roberts Etta Mae Rounds John Roundtree Bertha C. Russell Johnny C. Sanders Lewis Sheffield Granville Simmons Laverne Smith Dicie Spells William A. Sweat Mamie (Marie) Taylor Eugene Todd James L. Tucker Roosevelt Tucker W. E. Tuten Effie Tyson Lillie Mae Walker Marcus E. Walker Myrtis Walker Tom William Watkins Maggie Tuten W. E. Wilder Fay Carver R. E. Kirkland Jesse J. Rowe Elvin Tanner Lucille Joyce Lottie Giles 1401 BANNER DIE FIXTURE COMPANY and LOCAL 155, UAW, CIO. Case No. 7-CA-693. September 17,1954 Decision and Order Remanding Case to Regional Director Pursuant to notice, a hearing was held in this proceeding at De- troit, Michigan, from September 15 to 24, 1953, inclusive, before Bertram G. Eadie, the duly designated Trial Examiner. On Febru- ary 9, 1954, the Trial Examiner issued his Intermediate Report dis- missing the complaint in its entirety. Thereafter, the General Coun- sel and the Charging Party (Local 155, UAW-CIO) filed exceptions and briefs, requesting a hearing de novo, in the event that the evidence in the record failed to sustain the allegations in the complaint, be- cause of the Trial Examiner's alleged prejudicial errors in excluding relevant and material evidence which the General Counsel sought to introduce and for other reasons. We have carefully examined the portions of the record cited by the General Counsel and the Charging Party, and have independently considered the entire record, including the Trial Examiner's Inter- mediate Report. On the basis of all the Trial Examiner's rulings at 109 NLRB No. 200. 1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the hearing, his findings in the Intermediate Report, and the record as a whole we find that the Trial Examiner's conduct of the hearing was substantially prejudicial to the General Counsel and that a new hearing is warranted. It is noted, inter alia, that the Trial Examiner refused to permit the General Counsel to present evidence intended to show the Company's knowledge of and attitude toward union activ- ity prior to the layoff of December 26, 1951. His rulings were based on the fact that the evidence was related to events occurring more than 6 months before charges were filed and on other improper rea- sons. Such evidence was properly admissible.' We believe it essen- tial that a Trial Examiner guard against limiting any party in the full development of its case, not only avoiding actual partiality or prejudgment but also avoiding even the appearance of unfairness.2 In accordance with the foregoing, we shall set aside the Intermedi- ate Report and the hearing and shall remand this proceeding to the Regional Director for rehearing upon the complaint herein, or for such other disposition as the Regional Director may determine to be advisable under present conditions. [The Board set aside the Intermediate Report and the hearing and remanded this proceeding to the Regional Director for a rehearing upon the complaint.] MEMBERS MURDOCK and RODGERS took no part in the consideration of the above Decision and Order Remanding Case to Regional Di- rector. 1 N. L. R. B. v. Fredrica Clausen, d/b/a Luzerne Hide i Tallow , 188 F. 2d 439 ( C. A. 3), enfg. 89 NLRB 989, cert . denied 342 U . S. 868 ; see N . L. R. B. v . Ozark Dam Constructors and Flippen Materials Co., 203 F. 2d 139, at 145 -146 (C. A. 8), enfg. as modified 99 NLRB 1031. 2 Indianapolis G love Company , 88 NLRB 986, 987. UNITED STATES GYPSUM COMPANY and UNTTED GAS , COKE AND CHEMI- CAL WORKERS , CIO, PETITIONER . Case No. 18--RC-2 82. Septem- ber17,1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clarence A. Meter, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. After the hearing, the Employer filed a motion to correct the transcript of the record. The Petitioner opposes the motion. In- 109 NLRB No. 202.