Laborers Local 652 (Southern California Contractors' Assn.), 694 (1995)
National Labor Relations Board
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Laborers Local 652 (Southern California Contractors' Assn.), 694 (1995)
Laborers' International Union of North America, Local 652, AFL-CIO (Southern California Contractors' Association) and Albert Castillo, Guillermo Garibay, Antonio Lopez, Jose Manuel Lopez, and Crispin Perez. Case 21- CB-11718
November 22, 1995DECISION AND ORDERBY CHAIRMAN GOULD AND MEMBERS BROWNING AND COHENThe issue presented here is whether the judge correctly found that the Respondent violated Section 8(b)(1)(A) of the National Labor Relations Act by discriminatorily filing and prosecuting internal disciplinary charges against employee-members in retaliation for their intraunion opposition to the Respondent's officials.1 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,2 and conclusions,3 and to adopt the recommended Order.ORDERThe National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Laborers' International Union of North America, Local 652, AFL-CIO, Santa Ana, California, its officers, agents, and representatives, shall take the action set forth in the Order.1 On June 29, 1995, Administrative Law Judge Michael D. Stevenson issued the attached decision. The Respondent filed exceptions and a supporting brief. The General Counsel filed an answering brief.The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.2 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 resolutions 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).3 Member Browning notes that the Respondent has not excepted to the judge's implicit conclusion that a violation of Sec. 8(b)(1)(A) can be premised on a union's imposition of internal union discipline that does not affect the employment relati...See the full content of this document
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