Henry M. Hald High School Association

National Labor Relations Board - Board Decisions

Feb 4, 1975

216 N.L.R.B. 480 (N.L.R.B. 1975)

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, j ust 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