Extract
Ben Hur Produce, 70 (1974)
Ben Hur Produce and General Teamsters, Sales Drivers, Food Processors, Warehousemen & Helpers Local 871, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Case 31-CA-4070
May 31, 1974 DECISION AND ORDERBY CHAIRMAN ' MILLER AND MEMBERS KENNEDY AND PENELLOOn March 27, 1974, Administrative Law Judge Maurice M. Miller issued the attached Decision in this proceeding. Thereafter, the General Counsel 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 and to adopt his recommended Order.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, Ben Hur Produce,Upland, California, its agents, successors, and assigns, shall take the action set forth in the said recommended Order.I The General Counsel 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, enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings.DECISIONSTATEMENT OF THE CASEMAURICE M. MILLER, Administrative Law Judge: Upon a charge filed October 25, 1973, and duly served, the General Counsel of the National Labor Relations Board caused a complaint and notice of hearing , dated November 28, to be issued and served on Ben Hur Produce, designated as Respondent within this Decision. Therein,Respondent was charged with the commission of unfair labor practices within the meaning of Section 8(a)(1) and (3) of the National Labor Relations Act, as amended. 61Stat. 136, 73 Stat. 519. Respondent's answer, duly filed, failed to plead with respect to certain factual matters set forth within General Counsel's complaint; thereby, the correctness of these allegations was, effectively, conceded.Respondent did, however, deny the commission of unfair labor practices.Pursuant to notice, a hearing with respect to the issues was held on January 8, 1974, at San Bernardino, California, before me. The General Counsel and Respondent were represented by counsel. Each party was afforded a full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence with respect to pertinent matters. When their respective testimonial presentations were concluded, counsel waived their right to file briefs.FINDINGS OF FACTUpon the entire testimonial record, and my observation of the witnesses, I make the following findings of fact:1. JURISDICTION Respondent has raised no question, herein, with respect to General Counsel's jurisdictional claim. Upon the complaint's relevant factual declarations-more particularly, those set forth in detail within the second paragraph thereof-which have not been traversed within Respondent's answer, and on which I rely, I have concluded that Respondent herein was, throughout the period with which this case is concerned, and remains, an employer within the meaning of Section 2(2) of the Act, engaged in commerce and business activities which affect commerce within the meaning of Section 2(6) and (7) of the statute. Further, with due regard for presently applicable jurisdictional standards, I find assertion of the Board's jurisdiction in this case warranted and necessary to effectuate statutory objectives.If. COMPLAINANT UNION General Teamsters, Sales Drivers, Food Processors,Warehousemen & Helpers Local 871, Internation...See the full content of this document
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