Extract
Baker Concrete Construction, 598 (2004)
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Baker Concrete Construction, Inc. and South Florida Carpenters Regional Council, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. Case 12-CA-22027-1 April 19, 2004 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER On February 10, 2003, Administrative Law Judge George Carson II issued the attached decision. The General Counsel filed exceptions, a supporting brief, and a reply brief. The Respondent filed an answering brief to the General Counsel's exceptions. 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 affirm the judge's rulings, findings,1 and conclusions and to adopt the recommended Order. We agree with the judge that the Respondent did not violate Section 8(a)(1) of the Act by interrogating employees about their protected concerted and/or union activities or by threatening them with discharge. With respect to the alleged threat of unspecified reprisals for engaging in union and/or protected concerted activity, it appears, although it is not free from doubt, that the judge credited Marta DeLeon's testimony that the Respondent's superintendent, Keith Kelly, told her at a safety meeting on December 28, 2001, "stay away all these people; because if you no stay away these people, you have trouble [sic]." The General Counsel does not allege that the Kelly statement constituted an order that DeLeon stay away from "these people." Rather, the General Counsel asserts that the Respondent was threatening reprisals ["trouble"] if DeLeon did not stay away from "these people." We assume arguendo that "these people" referred to union officials or supporters. However, it is far from clear that Kelly 1 The General Counsel 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 agree with the judge, for the reasons stated in his decision, that the Respondent's layoff of six employees did not violate Sec. 8(a)(3), because the Respondent showed that it would have laid them off because of their lack of skills even in the absence of their union or protected concerted activ...See the full content of this document
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