Gulf Coast Constuction Co., 802 (1980)

National Labor Relations Board

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Gulf Coast Constuction Co., 802 (1980)

Carpenters District Council of Sabine Area and Vicinity and Carpernters Local 753 (Gulf Coast Construction Company) and H. D. Phelan. Case 23-CC-746

March 28, 1980 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

PENELLO AND TRUESDALE

On August 21, 1979, Administrative Law Judge James M. Kennedy issued the attached Decision in this proceeding. Thereafter, the General Counsel and the Charging Party 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 attachedDecision 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.

I The General Counsel and the Charging Party 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 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing his findings.

2 In par. 12 of the 'Analysis and Conclusions' section of his Decision, the Administrative Law Judge incorrectly stated that 'no neutral subcontractors appeared at the site until July 13.' It appears that the Administrative Law Judge intended to refer to the date of March 13, rather than July 13. In fact, the record reveals, and the Administrative Law Judge found, that employees of Gold Crest Electric Company, a neutral subcontractor, began work at the site on March 12 and that an unnamed roofer worked at the site during the ...

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