Joseph Pollak Corp., 825 (1977)

Extract

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Joseph Pollak Corp., 825 (1977)

JOSEPH POLLAK CORP.

Joseph Pollak Corp. and Vivienne Shalom and Susan Koff. Cases I-CA- 11828-1 and I CA- 11828-2

September 30, 1977 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

JENKINS AND PENELI O

On July 13, 1977, Administrative Law Judge Elbert D. Gadsden issued the attached Decision in this proceeding. Thereafter. Respondent filed exceptions and a supporting brief, and the General Counsel filed a brief.

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,' and conclusions2 of the Administrative Law Judge, to modify his Remedy,3 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, Joseph Pollak Corp., Dorchester, Massachusetts, its officers, agents, successors, and assigns, shall take the action set forth in said recommended Order, as so modified:

I. Substitute the following for paragraph 2(a):

'(a) Offer Susan Koff reinstatement to her former position or, if such position no longer exists, to a substantially equivalent position, without prejudice to her seniority or other rights previously enjoyed, and make her whole for any loss of pay suffered by reason of the discrimination against her, with interest.' 2. Substitute the attached notice for that of the Administrative Law Judge.

I The Respondent 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.

2 We do not agree with the Respondent's assertion that the Administrative Law Judge improperly placed upon Respondent the burden of proof.

Rather, the Administrative Law Judge's 'Analysis and Conclusions' clearly demonstrate that the General Counsel satisfied the burden of proof and his statement that 'The overwhelming weight of circumstantial evidence compels a finding that no substantial evidence exists to support Respon232 NLRB No. 127 dent's contention that it did not know of Koffs involvement' merely reflects his opinion that Respondent did not rebut the case established by the General Counsel Indeed, the Administrative Law Judge concluded that the evidence warrants a finding that Respondent had knowledge of discriminatee Koff's leadership role in the organizing efforts of the Union.

i In accordance with our decision in Florida Steel Corporation, 231

NLRB 651 (1977). we shall apply the current 7-percent rate for periods pnor to August 25. 1977, in which the 'adjusted prime interest rate' as used by the Internal Revenue Service in calculating interest on tax payments was at least 7 percent.

APPENDIX

NOTICE To EMPLOYEES POSTED BY ...

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