Gehnrich & Gehnrich, Inc., 1122 (1977)

National Labor Relations Board

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Gehnrich & Gehnrich, Inc., 1122 (1977)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Gehnrich & Gehnrich, Inc. and Shopmen's Local Union No. 455, International Association of Bridge, Structural and Ornamental Iron Workers,

AFL-CIO. Case 29-CA-4875

October 12, 1977 DECISION AND ORDER

BY MEMBERS JENKINS, PENELLO, AND MURPHY On June 7, 1977, Administrative Law Judge Abraham Frank issued the attached Decision in this proceeding. Thereafter, the Charging Party filed exceptions and a supporting brief, and the Respondent filed a brief in opposition thereto.

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,l and conclusions 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, Gehnrich & Gehnrich, Inc., Commack, New York, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

The Charging Party 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 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings.

DECISION

ABRAHAM FRANK, Administrative Law Judge: The charge in this case was filed on February 24, 1976, and the complaint, alleging violations of Section 8(a)(1) and (5) of the Act, issued on May 27, 1976. The hearing was held between December 7, 1976, and January 4, 1977. The Respondent filed a brief.

With respect to background evidence, I have resolved conflicting testimony in favor of' Henry Gehnrich, president of Respondent, over that of Meyer Tessler, the Union's business agent and Kenneth Mansmann, a member of the Union's executive board. Gehnnch testified in a direct.

straightforward and responsive manner. Tessler's memory as to dates and events was poor and he was at times admittedly confused. At one point he testified that several pages of notes were his own personal notes, but almost immediately thereafter contradicted himself and conceded that one page was written by another person. Nor was Mansmann an impressive witness.

232 NLRB No. 182

The Respondent, with its principal place of business in the Town of Commack, Suffolk County, New Y...

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