Extract
Babcock-Wilcox, Inc., 1058 (1980)
International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers,
Local 40, AFL-CIO (Babcock-Wilcox, Inc.) and Blayne Beatty, Case 9-CB-3677 DECISION AND ORDERApril 9, 1980 BY CHAIRMAN FANNING AND MEMBERSPENELLO AND TRUESDALEOn March 19, 1979, Administrative Law Judge David S. Davidson issued the attached Decision in this proceeding. Thereafter, Respondent 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 only to the extent consistent herewith.The Administrative Law Judge found that Respondent violated Section 8(b)(l)(A) and (2) of the Act by denying Blayne Beatty job referrals because he filed a charge against Respondent with the Board. Respondent excepts to the Administrative Law Judge's conclusions. We find merit in these exceptions.Respondent operates a referral system for boilermakers with a number of construction contractors in an area covering most of Kentucky and part of Indiana. Referrals are made pursuant to the 'Joint Referral Rules' promulgated by a committee consisting of representatives of the contractors and Respondent. The rules require Respondent to maintain an out-of-work list for the registration of men seeking work. Journeymen on the out-of-work list are given first priority for job referrals by Respondent. In addition to the out-of-work list, Respondent maintains a manpower availability list. Unlike those on the out-of-work list, workers on the manpower availability list have no obligation to report when offered work nor must they remain available 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 record and find no basis for reversing his findings.Member Penello notes that in rejecting Respondent's contention that the Board was with...See the full content of this document
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