Extract
Branch Motor Express Company, 108 (1982)
DECISIONS OF NATI()ONAL. I ABOR RELATIONS BOARD Branch Motor Express Company and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Teamsters' Steel Haulers Local Union No. 800. Case 6CA-13102
February 10, 1982 DECISION AND ORDERBY MEMBiIRS FANNIN(;, JENKINS, ANI) ZIMMI. RMAN On March 19, 1981, Administrative Law Judge Thomas R. Wilks issued the attached Decision in this proceeding. Thereafter, Respondent 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 La\w Judge only to the extent consistent herewith.The Administrative Law Judge found that Respondent violated Section 8(a)(5) and (1) of the Act by dealing directly with employees and unilaterally implementing changed terms and conditions of employment with respect to the lease of trailers in contravention of the terms of the National Master Freight Agreement (NMFA). We find merit in Respondent's exceptions to these findings.Respondent is a common carrier engaged, inter alia, in the interstate hauling of iron and steel, and is bound by the terms of the NMFA and its supplements. It has been Respondent's practice to employ owner-operators2 who are covered by the NMFA.I Respondent hat, excepted to cerlalil crediilii. flidinglis rnad h5 the Adminisiraltie I.aw Judge II is the letlil,' clablishad polic! olt to soverrule an administrailt e lilt jtudgecs cItltionsll ith re pect I i redibility unless[ Ihe clear preponrderalce ,of all tf th rele anlit C idelce con11i ti ues that the resolutionli aire illcorrect Sijandard D)rr H/i PrrodulI Inc.. I NI RH 544 19(I5). entid IX8 I:2d 3h2 (3d Cit 1951) W lihai carefully examrnied Ihe record and1li lt I/I bail I r rcerirllg his flildiFg' In the sectiIon of his Decsio(nI C'nilled 'i xcntls I cading to the Rcd.etlon in I rilcr Rental. tilhe Adfnini.trallt- I.c Judge stalted thali I oc Il 429 of Readinig, PIenns',lsliiia. is ltocaltd inl Ih Cent( ral Stall'S ('otferiCi'lt'e area rather thaill ill Ihe iasiertrll (orlflerellC ia I his illdCserttil error is insufncieill tIo affect ollr dleesitlli ()wner-operatrs lease equIipTliCInt Il RCspotlICt tinder the terntli ot the NMI-A and operate flit eqlinpent lit addilion to the equipletiit rentals, they receiveai colpIllnsatilon folr tlheir dri iing %ericc 2t pcitit of gross re/ellue at iage%. 3 percent at ciilpellsatilili folr alrilOl, I pe, of Icave, arid fringe benrrlis in apecified ill the NMI A In1 I;let '7' .lip proximalcly 44 owlner-olperailorsi rlpeltlycl la Responldelt', Butletr and Pilt hurgh. PennslLvania, Icrmial sc :el-e rprerct ted hy I oal (X)ianid covcered hby the i aslern Conflerenlce Arca Iriin & Stcel Rilder to the NMI:A. TheTinajorily of Respondent's ilc-el-Iperalors `,c...See the full content of this document
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