Extract
Lectromelt Casting Co., 933 (1984)
LECTROMELT CASTING CO.
Lectromelt Casting and Machinery Company, a Division of Akron Standard Division, Eagle Picher Industries, Inc.; and Lectromelt Casting Division, Ravenna Industries, Inc., a wholly-owned subsidiary of the A. C. Williams Company and Hells Palmer Lectromelt Casting Division, Ravenna Industries,Inc., a wholly-owned subsidiary of the A. C.Williams Company and Donnal May. Cases 8CA-13000 and 8-CA- 1343111 April 1984 DECISION AND ORDER REMANDINGBY CHAIRMAN DOTSON AND MEMBERSZIMMERMAN AND HUNTEROn 1-December 1982 Administrative Law Judge Lowell Goerlich issued the attached decision. The General Counsel filed exceptions and a supporting brief, Respondents Akron and Ravenna filed crossexceptions and supporting briefs, and Respondent Akron filed a brief in support of the judge's decision.The National Labor Relations Board has delegated its authority in this proceeding to a threemember panel.The Board has considered the decision and the record in light of the exceptions and briefs1 and has decided to affirm the judge's rulings, findings,2 and conclusions and to adopt the recommended Order only to the extent consistent with this Decision and Order.Based on his assessment of the credited testimony, the judge found that Helis Palmer was suspended for cause and not because of his union or other protected activities. Accordingly, he recommended that the consolidated complaint, as amended, be dismissed insofar as it alleges that Palmer was unlawfully suspended. We agree.Without reaching the merits, the judge recommended further that the complaint be dismissed in its entirety. In this respect, he found that a private settlement agreement between the Union and Respondent Ravenna bars prosecution of a claim that employees were unlawfully discharged following an unauthorized work stoppage precipitated by Palmer's suspension.I Respondent Akron has requested oral argument. The request is denied as the record, exceptions, and briefs adequately present the issues and positions of the parties.2 The General Counsel 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). We have carefully...See the full content of this document
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