Extract
Active Transportation Co., 426 (2003)
Active Transportation Company, L.L.C. and Teamsters Local Union No. 71, a/w International Brotherhood of Teamsters, AFL-CIO. Case 11- CA-19328
September 30, 2003DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND WALSHOn August 8, 2002, Administrative Law Judge Keltner W. Locke issued the attached decision. The Respondent filed exceptions and a supporting brief. The General Counsel filed an answering brief. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and the record in light of the exceptions and briefs and has decided to adopt the judge's rulings, findings,1 and conclusions and to adopt the recommended Order as modified2 and set forth in full below.3ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified and set forth in full below, and orders that the Respondent Active Transportation Company, L.L.C., Mt. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD1 The Respondent has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. We also find no merit to the Respondent's exception to the judge's failure to draw an adverse inference from the failure of Sam Carter to testify. At the time of these proceedings, Carter was no longer an official of the Union, and the judge generally discredited Bruce Jackson's testimony. 2 The judge recommended that the Respondent be permitted to litigate in compliance the issue whether the contributions due the benefit funds may be offset by the payments the Respondent made to its own company provided fringe benefit plans. In adopting the judge's recommendation, we note that "[e]mployees have, in addition to a stake in receiving benefits negotiated on their behalf by their own chosen representatives, a clear economic stake in the viability of funds to which part of their compensation is remitted." Grondorf, Field, Black & Co., 318 NLRB 996, 997 (1995), enf. denied in pertinent part 107 F.3d 882 (D.C. Cir. 1997). See also Stone Boat Yard v. NLRB, 715 F.2d 441, 446 (9th Cir. 1983) (contributions to u...See the full content of this document
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