Bru-Sand, Inc., 431 (1972)

Extract

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Bru-Sand, Inc., 431 (1972)

BRU-SAND, INC.

Bru-Sand, Inc. and Amalgamated Clothing Workers of America, Local 694, AFL-CIO. Case 12-CA-5266

June 12, 1972 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS

FANNING AND JENKINS

On March 9, 1972, Trial Examiner Owsley Vose issued the attached Decision in this proceeding.

Thereafter, Respondent filed exceptions and a supporting brief, and additionally filed a supplement to its 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 Trial Examiner's Decision in light of the exceptions and brief and has decided to affirm the Trial Examiner's rulings,' findings,2 and conclusions 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 Trial Examiner and hereby orders that the Respondent, Bru-Sand, Inc., Hialeah,

Florida, its officers, agents, successors, and assigns shall take the action set forth in the Trial Examiner's recommended Order.

i The Respondent specifically excepted to the denial, at all times, of its 'Motion for an Order Requiring the Production of Documents and for the Right to Take Pre-Hearing Depositions ' We hereby affirm Trial Examiner Arthur Leff's Order dated November 2, 1971, denying -said motion 2 The Respondent has excepted to certain credibility findings made by the Trial Examiner It is the Board's established policy not to overrule a Trial Examiner's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions were incorrect Standard Dry Wall Products, Inc, 91 NLRB 544, enfd 188 F.2d 363 (C A 3) We have carefully examined the record and find no basis for reversing his findings TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE

OWSLEY VOSE, Trial Examiner: This case, tried before me at Miami, Florida, on November 22-23, 1971, pursuant to charges filed on Jul...

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