D & E Tool Co., 636 (1976)

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D & E Tool Co., 636 (1976)

D & E Tool Co. and United Steelworkers of America,

AFL-CIO. Case 9-CA-10002

December 29, 1976 DECISION AND ORDER

BY CHAIRMAN MURPHY AND MEMBERS

FANNING AND PENELLO

On September 16, 1976, Administrative Law Judge Bernard Ries issued the attached Decision in this proceeding. Thereafter, the General Counsel filed limited exceptions and a supporting brief, and Respondent filed cross-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 brief and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.

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, as modified below, and hereby orders that the Respondent, D & E Tool Co., Lesage, West Virginia, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order, as so modified:

Add the following after paragraph 2:

'IT IS FURTHER ORDERED that, as to all alleged unfair labor practices not found herein, the complaint be, and it hereby is, dismissed.' I The Respondent and the General Counsel have 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 (C.A 3, 1951) We have carefully examined the record and find no basis for reversing his findings DECISION

STATEMENT OF THE CASE

BERNARD RIES, Administrative Law Judge: This case was heard in Huntington, West Virginia, on June 16, 1976, pursuant to a charge filed on February 2, 1976, and a complaint issued on March 31, 1976. The complaint alleges that at various times between November 1975 and January 1976, Respondent violated Section 8(a)(1) of the Act by threatening employees, coercively interrogating them, and engaging in surveil...

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