Bakery, Confectionery and Tobacco Workers International Union, Local No. 213, AFL-CIO-CLC (Krispy Kreme Division, Beatrice Foods Co.), 773 (1982)

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Bakery, Confectionery and Tobacco Workers International Union, Local No. 213, AFL-CIO-CLC (Krispy Kreme Division, Beatrice Foods Co.), 773 (1982)

BAKERY, CONFECTIONERY AND TOBACCO WORKERS, LOCAL 213

Bakery, Confectionery and Tobacco Workers International Union, Local No. 213, AFL-CIO-CLC and Krispy Kreme Division, Beatrice Foods Co.

Krispy Kreme Division, Beatrice Foods Co. and Bakery, Confectionery and Tobacco Workers International Union, Local No. 213, AFL-CIOCLC, Petitioner. Cases 9-CB-4595 and 9-RC13315

May 7, 1982

DECISION, ORDER, AND CERTIFICATION OF

REPRESENTATIVE

BY CHAIRMAN VAN DE WATER AND

MEMBERS FANNING AND HUNTER

On September 30, 1981, Administrative Law Judge John H. West issued the attached Decision in this proceeding. Thereafter, the Charging Party filed exceptions and a supporting brief, and Respondent filed an answering 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 briefs and has decided to affirm the rulings, findings,' and conclusions2 of the Administrative Law Judge and to adopt his recommended Order.

ORDER

Pursuant 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 the complaint be, and it hereby is, dismissed in its entirety.

I The Charging Party 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 Producat 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.

In adopting the Administrative Law Judge's credibility findings, however, we disavow his adverse inference based upon the General Counsel's failure to call former employee Napper as a corroborating witness. We note that Napper was equally available to Respondent to refute testimony in support of the complaint allegations as she was to the General Counsel to corroborate such testimony. In such circumstances, we have concluded that no inference should be drawn. HitchinerManufacturing Company, 243 NLRB 927 (1979).

2 In view of the Administrative Law Judge's credibility findings that employee union activist Foote made no statements contrary to the holding in N.LR.B. v. Savair Manufacturing Ca, 414 U.S. 270 (1973), we find it unnecessary to consider Foote's status as an agent of Respondent.

261 NLRB No. 114 CERTIFICATION OF

REPRESENTATIVE

It is hereby certified that a majority of the valid ballots have been cast for Bakery, Confectionery and Tobacco Workers International Union, Local No. 213, AFL-CIO-CLC, and that, pursuant to Section 9(a) of the National Labor Relations Act, as amended, the said labor organization is the exclusive representative of all the employees in the following appropriate unit for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment:

All full and regular part-time production employees, packing employees, wrapping employees, shipping employees, sanitation workers and in store sales employees employed by the Employer at its 3920 Seventh Street Road and 3000 Bardstown Road, Louisville, Kentucky locations, but excluding all truck drivers, office clerical employees and all professional employees, guards and supervisors as defined in the Act.

DECISION

STATEMENT OF THE CASE

JOHN H. WEST, Administrative Law Judge: The charge in Case 9-CB4595 was filed by Krispy Kreme Division, Beatrice Foods Co. (herein called Krispy Kreme or the Charging Party) on June 5, 1980.' The complaint was issued therein on July 28. As amended at the hearing herein, it alleges that Bakery, Confectionery and Tobacco Workers International Union, Local No.

213, AFL-CIO-CLC (herein called Respondent or the Union) engaged in unfair labor practices within the meaning of Section 8(b)(1)(A) of the National Labor Relation Act, as amended (herein called the Act) in that, assertedly: (1) its agents threatened an employee of the Charging Party that he would be deprived of his pension because of his failure to support Respondent's organizational activity; (2) other employees of the Charging Party were advised of this by an agent of Respondent;

(3) its agents caused the pension to be revoked; and (4) two of its agents told employees of the Charging Party that they would not have to pay union initiation fees if they submitted authorization cards to Respondent prior to the Board-conducted election. 2

Respondent filed a timely answer denying the allegations made in the complaint.

All dates are 1980, unless otherwise stated.

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