Extract
Avis Rent-A-Car, 1452 (1980)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
General Rental Co. d/b/a Avis Rent-A-Car and Muriel Duffy. Case 1-CA-13490February 28, 1980 DECISION AND ORDERBY MEMBERS JENKINS, PENELLO, AND TRUESDAL.E On September 18, 1979, Administrative Law Judge Jennie M. Sarrica issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed a brief in support of the Administrative Law Judge's Decision.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 briefs and has decided to affirm the rulings, findings,' and conclusion2 of the Administrative Law Judge, and to adopt her recommended remedy' and her recommended Order, as modified herein.4 ORDERPursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that Respondent, General Rental Co. d/b/a Avis Rent-A-Car, Boston, Massachusetts, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order, as so modified:1. Substitute the following for paragraph (b):'(b) Discharging its employees because of their union activities.' 2. Add the following as paragraph l(c):'(c) in any like or related manner interfering with, restraining, or coercing employees in the exercise in the exercise of the rights guaranteed them by Section 7 of the Act.' 3. Substitute the attached notice for that of the Administrative Law Judge.IT ISFURTHER ORDERED that the complaint be, and it hereby is, dismissed insofar as it alleges violations of the Act not specifically found herein.I Respondent 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 (3d Cir. 1951). We have carefully examined the 247 NLRB No. 188 record and find no basis for reversing her findings. We have further considered Respondent's contention that the Administrative Law Judge has evidenced a bias or at least an appearance of bias in this proceeding. We have carefully considered the record and attached Decision and reject these charges ofbias alleged by Respondent as unsupported.' The Administrative Law Judge found. inter alia, that Respondent violated Sec. 8(a)(1) of the Act when, 3 to 4 weeks before the election. Purnell, then Respondent's airport manager, told employee Duffy, and on a separate occasion told employee Ricci, that each of them would receive a full 25-cent wage increase rather than the 5-cent wage increase originally planned, because Respondent's president. Sawyer, would do anything to defeat the Union.However, in his brief to the Administrative Law Judge. which was resubmitted to the Board, the General Counsel concedes that Purnell made these remarks on only one occasion in the presence of both Duffy and Ricci.and, while the General Counsel argues that Duffy's and Ricci's testimony is mutually corroborative as to this one conversation, the record shows that it is not. Given these circumstances, and the fact that the finding of such a violation would he cumulative and would not affect our Order, we base no unfair labor practice findings on this matter.' In 'The Remedy' section of her Decision, the Administrative Law Judge recommended that backpay and interest be computed under the established standard of the Board. 'The established standard' referred to by the Administrative Law Judge requires the commputation of backpay as prescribed in F. Woolworth Company. 90 NLRB 289 (11950). with interest thereon as prescribed in Florida Steel Corporation, 231 NLRB 651 (1977) (see.generally, Iis Plumbing &Heating Co.. 138 NLRB 716(1962)).' In adopting the Administrative Law Judge's finding that Respondent's discharge of Muriel Duffy violated Sec. 8(a)(3) of the...See the full content of this document
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