Cornwell Co., Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1966

159 N.L.R.B. 42 (N.L.R.B. 1966)

42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the evidence of the female employees nor of Peterson was cause for discharge or
reinstatement ." In deciding whether to reinstate Lazaro, Gervase and Bjornson
confined their investigation to Penzo ( the only employee interrogated by Bjornson),
Peterson , Bluis, and possibly one other, most of them employees of long standing and
all of them known to be antiunion . None of them was closely associated with
Lazaro in the performance of his work or otherwise . I am convinced that their
testimony, like the testimony of the female employee, was tailored to fit what they
believed to be the wishes of Respondent 's representatives
In addition to Paul and Miguel Rodriguez , whose testimony has been related above,
the Union called Santos Diaz, who worked in the same area as Lazaro and ate lunch
with him and had a locker next to him , James Owens, and Jafus Jackson, whose
locker was near Lazaro 's. They testified that they had never seen Lazaro with a
knife or gun , or heard from any employee that he had been seen with either. Paul
Rodriquez and Jackson testified that Lazaro did carry a black bible . Jackson on one
occasion discussed the text which Lazaro had preached one Sunday.
Lazaro denied while testifying all of the testimony of Respondent 's witnesses on
the relevant matters. He never possessed a gun or knife , other than a scraper or
knife he used in his work , furnished by Respondent . He made no threats of any
kind to anyone . He did not threaten to shoot the bosses. He possessed no book
of black magic or any book of names of those opposed to the Union, or say to any-
one that he did . He testified that he never talked with Bluis , Penzo, or Jacquot
about the Union because it was well known that they were in the confidence of
Respondent.
Lazaro is an ordained minister . He left Cuba because he believed the govern-
ment to be hostile to his religion . He now preaches in this country . A letter from
James Lambert Kidd , pastor of the Wellington Avenue Congregational Church in
Chicago, received in evidence without objection , states that Lazaro is an active mem-
ber of his congregation whose employment by Respondent was secured by his church,
that the charge that he threatened anyone with a gun is incredible as being utterly
foreign to his nature.
I credit Lazaro 's denials in their entirety. There is no credible evidence in the
record that he threatened anyone with either a knife or gun, or made threats of any
other kind to any employee.
RECOMMENDED ORDER
I renew my recommendation that Lazaro de Lazaro be reinstated with backpay.
s it is difficult to understand why this testimony should have been adduced , in view of
President Gervase's view of the matter.
Cornwell Company, Inc. and Maynard N. Whitney and United
Furniture Workers of America , AFL-CIO. Cases 25-CA-1912,
1952, 2106, and 2185. June 10, 1966
DECISION AND ORDER
On March 15, 1966, Trial Examiner Eugene F. Frey issued his
Decision in the above-entitled proceeding, finding that the Respond-
ent had engaged in and was engaging in certain unfair labor prac-
tices,