Extract
Big 'G' Corp., 1349 (1976)
BIG 'G ' CORPORATION 1349
Big 'G' Corporation and Retail Store Employees Union Local No. 550, Retail Clerks International Association, AFL-CIO. Case 25-CA-6998May 6, 1976 DECISION AND ORDERBY CHAIRMAN MURPHY AND MEMBERS JENKINSAND WALTHEROn January 9, 1976, Administrative Law Judge James H. Fitzpatrick issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief and the General Counsel filed limited exceptions with a brief in support thereof.On March 17, 1976, while the case was still pending final decision by the Board, Respondent filed a motion to reopen the record for the purpose of introducing alleged newly discovered evidence that discriminatee Steven Jarboe flashed a gun at his fellow employees. On March 25, 1976, General Counsel filed a memorandum in opposition to the Respondent's motion.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, as modified herein.1. The Board, having duly considered the matter, is of the opinion that Respondent's motion should be denied on the grounds that the evidence is neither newly discovered 2 nor relevant. The alleged gun ' 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 . Standard Dry Wall Products, Inc.. 90NLRB 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.In the section of the opinion entitled 'Evidence of union animus.' the Administrative Law Judge found that Cindy Kueber's testimony regarding Vice President Holder's alleged antiunion statement was uncontradicted.Respondent has excepted to this finding. Cindy Kueber's testimony was in fact contradicted by Holder's testimony. Although the Administrative Law Judge did not resolve the credibility conflict, we find that his failure to do so does not affect the result reached . For, no unfair labor practice finding is predicated on Kueber's contradicted testimony and there is ample other evidence to establish Respondent's animus.An obvious inadvertent error was made by the Administrative Law Judge in the last...See the full content of this document
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