Botany 500, 527 (1980)

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Botany 500, 527 (1980)

BOTANY 5) 527

Botany 500, a Division of Rapid-American Menswear, Inc. and Sally Davidow. Case 4-CA-9780

August 26, 1980 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

PENELO AND TRUEISDAI.E On March 26, 1980, Administrative Law Judge Irwin Kaplan issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief, and Respondent filed a brief in answer to the exceptions.

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 General Counsel has excepted to certain credibility findings made by the Administrative l.aw 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 Dr),

Wall Products. Inc, 91 NLRB 544 (1950), enfd. 188 F2d 362 (3d Cir 1951) We have carefully examined the record and find no basis for reversing his findings 2 In affirming the Administrative Law Judge's conclusion that deferral to an arbitration award is appropriate in this case under the principles of Spielberg Manufacturing Compeny, 112 NLRB 1080 (1955). Member Penello does not rely on the Administrative Law Judge's references to the majority opinion in Suburban Motor Freight. Inc. 247 NLRB No. 2 (1980). Member Penello adheres to his dissenting opinion in the case cited DECISION

STATEMENT OF THE CASE

IRWIN KAPL AN, Administrative Law Judge: This case was heard before me in Philadelphia, Pennsylvania, on September 4 and 5 and October 3, 1979. The underlying charge was filed by Sally Davidow on November 21, 1978, against Joseph Cohen Co. alleging that she was discharged for reasons related to her efforts to become business agent in the Amalgamated Clothing and Textile Workers Union, Local 139 (herein called the Union). On January 26, 1979, the charge was amended only with regard to naming the Employer as Botany 500, a Division of Rapid-Menswear, Inc. (herein also called Bot...

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