Charm Step Shoes, 1234 (1979)

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Charm Step Shoes, 1234 (1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Charm Step Shoes, Inc., Div. of Genesco, Inc. and Judy Gail Maxey. Case 26-CA-7566

September 28, 1979 DECISION AND ORDER

BY MEMBERS JENKINS, MURPHY, AND TRUESDALE On July 31, 1979, Administrative Law Judge Elias C. Rodriguez issued the attached Decision in this proceeding. Thereafter, the General Counsel 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 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.

The General Counsel 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., 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 In adopting the Administrative Law Judge's Decision we do not adopt or rely on his findings that the General Counsel did not prove that the union activities of Judy Maxey or her husband constituted protected concerted activity. Also we note that the Administrative Law Judge erroneously found that Judy Maxey was originally hired by the Respondent on May 29. 1977.

instead of March 29, 1977, as indicated in the record. That error does not, we find, affect the result reached herein.

DECISION

STATEMENT OF THE CASE

ELIAS C. RODRIGUEZ, Administrative Law Judge: This case was heard in Tupelo, Mississippi, on April 30 and May 1, 1979, pursuant to a charge filed on January 4, 1979, by Judy Gail Maxey, hereinafter referred to as the Charging Party, and to a complaint and notice of hearing which was issued on February 9, 1979, by the Regional Director for Region 26. The complaint alleged that Charm Step Shoes,

Inc., a Division of Genesco, Inc., hereinafter referred to as Respondent, engaged in certain unfair labor practices affecting commerce in violation of Section 8(a)(1) and (3) of the National Labor Relations Act, as amended. Respondent's answer of February 13, 1979, denied commission of the alleged unfair labor practices, and advanced an affirmative defense. At the conclusion of the hearing, briefs were called to be filed on June 1, 1979, and, a motion for an extension of time having been granted, briefs were filed on behalf of Respondent, and on behalf of the General Counsel, on June 13 and 14, 1979, respectively.

Issues A. Whether Respondent violated Section 8(a)(l) of the Act by interfering with, restraining, or coercing employees in the exercise of the rights guaranteed in Section 7 of the Act.

B. Whet...

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