Charge Card Association, 835 (1980)

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Charge Card Association, 835 (1980)

CHARGE CARD ASSOCIATION

Charge Card Association and Angela Jones and Sandra J. Clark. Cases 7-CA-14754 and 7-CA15092

February 5, 1980 DECISION AND ORDER

BY MEMBERS JENKINS, PENELLO, AND TRUESDALE

On September 4, 1979, Administrative Law Judge Ivar H. Peterson issued the attached Decision in this proceeding. Thereafter, Respondent and the General Counsel filed exceptions and supporting briefs.

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 Respondent, Charge Card Association,

Detroit, Michigan, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

Respondent has excepted to certain credibility findings made by the Administrative Law Judge. It is the Board's established policy not overrule an administrative law judge's re.slutions 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.. 91 NLRB 544 (1950). enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing his findings.

I The Administratise Law Judge concluded that Respondent's 'predominant' reason for requiring employees to submit doctors' certificates and accept probationary status as a condition for returning to work was that they had engaged in concerted activity. Upon reviewing the record, particularly noting the absence of any established policy requiring sick employees to submit a doctor's note after a I-day absence. and also noting Respondent's remarks at reinstatement meetings on January 23-24, we find that the concerted activity was Respondent's only reason for instituting the discriminatory working conditions.

The General Counsel excepts to the Administrative Law Judge's failure to find that Angela Jones was constructively discharged when she failed to return to work on January 24 as a probationary employee. We find it unnecessary to pass on the General Counsel's exception inasmuch as the remedial relief would be the same as that already afforded by the Administrative Law Judge's recommended Order that we have adopted. See the Administrative Law Judge's recommended Order at par. 2(a). Thus. we have adopted the Administrative Law Judge's finding that Respondent unlawfully required Jones, and nine other strikers. to submit a doctor's certificate as a condition for returning to work on January 11, 1978. Consequently.

Respondent must make an unconditional offer of full reinstatement to all strikers. including Jones. and must make all strikers whole for any losses 247 NLRB No. 119 suffered from January II. 1978. until a valid offer is made. Respondent's offer to have strikers return to work only as probationary employees on January 23-24. 1978. does not constitute a valid offer and therefore does not serve to toll Respondent's obligation to make whole Jones and the other employees as provided by the Order.

DECISION

STATEMENT OF THE CASE

IVAR H. PETERSON, Administrative Law Judge: The hearing in this case was held on June 7, 21, 22, and 23, 1978, in Detroit, Michigan, based upon the complaint issued by the Regional Director for Region 7, on February 28, 1978, which, in turn, was b...

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