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Virgin Islands Labor Union v. Caribe Construction Co.

March 26, 1965

VIRGIN ISLANDS LABOR UNION, APPELLANT
v.
CARIBE CONSTRUCTION COMPANY, APPELLEE.



Author: Freedman

Before MARIS, McLAUGHLIN, and FREEDMAN, Circuit Judges.

FREEDMAN, C. J.: This is an appeal from the judgment of the District Court vacating an order of the Deputy Commissioner for Labor of the Virgin Islands which directed the reinstatement, with back pay, of four employees of Caribe Construction Company.

The employees*fn1 claimed that they had been dismissed because they had joined the Virgin Island Labor Union. On a charge of unfair labor practice*fn2 filed by the Union, the Deputy Commissioner for Labor issued a complaint, on which he held a hearing and heard the testimony of witnesses on both sides. The Deputy Commissioner's findings of fact may thus be summarized:

On the afternoon of Friday, November 8, 1963, after they had received their pay, nine of the Company's employees, including the four men here involved, applied for membership at the headquarters of the Union. On that day, Roger F. Moran, the president of the Company, discussed separately with three of his supervisors the dismissal of the men but no mention was made of any Union matters. Mr. Moran also discussed the dismissal of the men with another employee, Raphael Warner, who had been present when the men discussed joining the Union that day and had decided not to join. The men did not work on Saturday or Sunday. On Monday, November 11, 1963, when they reported for work they were transported to the site of their job, where a notice was read to them by Mr. Moran. The notice, which was dated November 8, 1963, read as follows:

"November 8, 1963

"NOTICE:

"The services of the following men are no longer needed by Caribe Construction Company, and their employment is hereby terminated.

"These men will be given 1 hour during which they will be transported to their respective jobs to pick up their tools and belongings after which they will be transported to the company office where they will be paid off.

STANLEY BABROW

ALFRED BABROW

RUDAYARD FRETT

BRYAN HENVILLE

EARL DONOVAN

SAMUEL ...


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