Extract
Berry Schools, 942 (1978)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Berry Schools and N. Gordon Carper, Joyce Carper, and Joyce Jackson. Cases 1O-CA- 112661, 10-CA- 11266-2, and 10-CA- 11266-3February 16, 1978 DECISION AND ORDERBY MEMBERS JENKINS, PENELLO, AND MURPHY On March 11, 1976, Administrative Law Judge Marion C. Ladwig issued the attached Decision in this proceeding. Thereafter, the General Counsel and the Charging Parties filed exceptions and a supporting brief, and Respondent filed cross-exceptions and a 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 conclusions of the Administrative Law Judge, and to adopt his recommended Order, except that the remedy is modified so that backpay is to be computed in the manner prescribed in F. W. Woolworth Company, 90 NLRB 289 (1950), and interest is to be computed in the manner prescribed in Florida Steel Corporation,231 NLRB 651 (1977).2 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 the Respondent, The Berry Schools, Mt. Berry, Georgia, its officers, agents, successors, and assigns, shall take the action set forth in said recommended Order, except that the attached notice is substituted for that of the Administrative Law Judge.I The 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. StandardDry Wall Products, Inc., 91NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings.2 See, generally, Isis Plumbing &Heating Co., 138 NLRB 716 (1962).APPENDIXNOTICE To EMPLOYEES POSTED BY ORDER OF THENATIONAL LABOR RELATIONS BOARDAn Agency of the United States Government WE WILL NOT deny promotion to, or otherwise take any reprisal against, any employee for engaging in lawful organizing efforts to gain collective bargaining.WE WILL NOT interfere with, restrain, or coerce employees in any similar manner with regard to their right to engage in protected concerted activity.WE WILL promote Dr. Joyce Jackson to full professor, retroactive to the time she was denied promotion on April 15, 1975, with backpay plus interest.THE BERRY SCHOOLSDECISIONSTATEMENT OF THE CASEMARION C. LADWIG, Administrative Law Judge: These consolidated cases were heard at Rome, Georgia, on October 6-10 and 14-16, 1975.1 The charges were filed by the individuals, Dr. Gordon Carper, his wife, and Dr. Joyce Jackson, on May 21 and 27 (amended on June 19 and July 10). The order of consolidation and complaint were issued on July 15.On March 12, a group of 40 'concerned faculty' members, faced with high inflation and the 'near-desperate financial needs of the faculty,' met on the Berry College campus to discuss a response to Berry's March 5 notice that only a 'modest' pay increase was projected for the next year. Dr. Jackson chaired the 'concerned faculty' meeting and appointed Dr. Carper as chairman of an ad hoc committee to examine the advantages of collective bargaining. Berry, which faced severe 'inflation/recession prob...See the full content of this document
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