Moersch, when asked by Pontius for his job back, told him that he had gotten rid of one of the four bad apples;  when told that Respondent's landfill manager Fazio had no objection to Pontius' return as a driver so long as he did not use Respondent's equipment, Moersch told Pontius that it was okay for him to return to work the following Monday.


19
(e) And, finally, on Sunday evening, August 24, 1980, Moersch telephoned driver Tully at home, telling him that his truck was "fired" and that he should not report in the following morning with the truck;  he telephoned broker Anderson's wife at home, telling her that Respondent did not want the Anderson truck anymore and that "Tully's fired;"  and he telephoned broker Buzyat home, telling him that driver McDeavitt was no longer allowed on Company property.


20
Opinion at App. 8a-9a.


21
Finally the ALJ noted two other incidents which he felt were indicative of the relations between BFI and the drivers:


22
In late August 1980, Vice-President Curtis asked a driver to erase obscenities from the side of [BFI]'s trailer, despite the fact that [BFI] had responsibility to clean the trailers.  And, also in 1980, [BFI]'s controller Bright, under emergency conditions where garbage was strewn from an overloaded trailer at a state police station, asked a driver to assist him and other [BFI] employees in the cleanup operation.  The driver refused, stating that it was not a part of his job.


23
(Opinion App. at 9a).

II.

24
On appeal, BFI presents two arguments.  First, BFI argues