Bay Shipbuilding Corp., 1133 (1982)

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Bay Shipbuilding Corp., 1133 (1982)

BAY SHIPBUILDING CORP.

Bay Shipbuilding Corp. and Local 449, International Brotherhood of Boilermakers, Iron Shipbuilders,

Blacksmiths, Forgers and Helpers, AFL-CIO.

Case 30-CA-5808

September 17, 1982 DECISION AND ORDER

BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER

On December 18, 1981, Administrative Law Judge Philip P. McLeod issued the attached Decision in this proceeding. Thereafter, Respondent and the Charging Party filed exceptions and supporting briefs, 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 conclusions of the Administrative Law Judge and to adopt his recommended Order except as revised herein.

The Administrative Law Judge found, and we agree, that Respondent has violated Section 8 (a)(5) and (1) of the Act in part by refusing to apply the terms and conditions of its collective-bargaining agreement with the Charging Party to computer loft employees.2

To remedy this violation, the Administrative Law Judge recommended that these computer loft employees be made whole for any losses they may have suffered as a result of their removal from the bargaining unit and Respondent's failure to apply the terms of the bargaining agreement, specifically with respect to wage differentials, fringe benefit payments, and any other contributions required by the bargaining agreement. with interest as set forth in FloridaSteel Corporation,231

NLRB 651 (19 77).3

In its exceptions, the Charging Party claims that the proposed remedy is insufficient to restore it or the employees represented in the appropriate bargaining unit to the status quo ante and allows Respondent to reap and retain the benefits stemming from its unlawful conduct. Specifically, the Charging Party claims that unit employees with more seRespondent 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.

2 See Wisconsin Contractors. Inc., 183 NLRB 872 (1970).

a See, generally, Isis Plumbing & Healing Co., 138 NLRB 716 (1962).

263 NLRB No. 166 niori...

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