Extract
Hays Corp., 48 (2001)
May 22, 2001
DECISION AND ORDER BY CHAIRMAN HURTGEN AND MEMBERS LIEBMAN AND TRUESDALE On July 22, 1998, Administrative Law Judge Keltner W. Locke issued the attached bench decision. The Respondent filed exceptions and a supporting brief and the General Counsel filed an answering brief to the Respondent's exceptions. The Respondent filed a brief in reply to the General Counsel's 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 the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions as set forth below and to adopt the recommended Order as modified.2 The Respondent has excepted to the judge's findings that it violated Section 8(a)(3) and (1) of the Act by unlawfully discharging employees Jeff Wesley and Billy Ray Spencley because of their union and protected concerted activities.3 As discussed below, we agree with the judge's conclusion. On December 16, 1997,4 the Respondent, a construction contractor, hired Jeff Wesley and Billy Ray Spencley to work at an industrial jobsite in Decatur, Alabama, DECISIONS OF THE NATIONAL LABOR RELATIONS BOARDknown as the Bunge Project. On January 7, 1998,5 Union Organizer Bobby Drane visited the jobsite during a torrential rain. Drane submitted an application for employment and spoke to employees about the benefits of unionizing, including guaranteed onsite hand washing facilities and the right to "rain out," or take the day off when weather threatened the safety of the work area. Drane suggested employees visit the union hall and apply for membership. Shortly after Drane left the jobsite, the Respondent offered the employees the right to rain out for the day. Wesley and Spencley accepted the opportunity and went straight to the union hall. They applied for membership and were given various items such as hats and stickers embossed with the union logo. 1 The Respondent 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 resolution unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 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...See the full content of this document
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