Extract
Earthgrains Co., 845 (2003)
The Earthgrains Company and Richard C. Jenkins.
Case 10-CA-33181 March 20, 2003 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND WALSH On September 11, 2002, Administrative Law Judge Margaret G. Brakebusch issued the attached decision. The Charging Party filed exceptions and a supporting brief. The Respondent filed a motion to strike the Charging Party's exceptions and an answering brief. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and record in light of the exceptions, motion, and briefs and has decided to affirm the judge's rulings,1 findings,2 and conclusions and to adopt the recommended Order. ORDER The recommended Order of the administrative law judge is adopted and the complaint is dismissed. John D. Doyle Jr., Esq., for the General Counsel.John J. Coleman III and Mieke Hemstreet Esqs., for the Respondent. 1 The Respondent's motion to strike is granted with respect to those portions of the Charging Party's brief in support of exceptions that refer to purported facts which, by the Charging Party's own description, "were not brought to the judge's attention." Thus, these matters are not in the record. These include: that Plant Manager Gary Kennedy's initials were on an employee writeup form for employee Derek Burke; that employee witness Linda Cameron's husband and son are supervisors for the Respondent and that her son, whom the Respondent had previously asked to resign, entered the Respondent's management training program after Charging Party Richard Jenkins was discharged; that Brenda Bartley is a supervisor; and that Jenkins requested that Kennedy let him take a lie detector test. However, the Respondent's motion to strike the Charging Party's exceptions document in its entirety is denied because that document substantially conforms with the requirements of Sec. 102.46 (b)(1) of the Board's Rules and Regulations. The Charging Party has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they 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 the findings. 2 The General Counsel did not file exceptions in this case, and the Charging Party's exceptions principally address the judge's credibility determinations. In particular, no exceptions were filed to the judge's finding that the evidence failed to establish that the Respondent harbored animus toward the Charging Party because of his union or other protected concerted activities. DECISION STATEMENT OF THE CASE MARGARET G. BRAKEBUSCH, Administrative Law Judge. This case was tried in Birmingham, Alabama, on June 13 and 14, 2002. All parties had the opportunity to present testimony and documentary evidence, to examine and cross-examine witnesses, and to argue orally. The charge was filed on July 25, 2001,1 and amended on March 13, 2002, by Richard C. Jenkins (Jenkins). A complaint issued March 22, 2002, alleging that The Earthgrains Company (Respondent) discharged Jenkins on or about July 20, 2001, in violation of Section 8(a)(1) and (3) o...See the full content of this document
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