Lehigh Metal Fabricators, Inc., 568 (1983)

Extract

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Lehigh Metal Fabricators, Inc., 568 (1983)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Lehigh Metal Fabricators, Inc. and Frank Illigasch, and Joseph Burns. Cases 4-CA-12076-1 and 4CA-12076-2

26 August 1983 DECISION AND ORDER

BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER

On 14 October 1982 Administrative Law Judge Joel A. Harmatz issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed a brief in support of the Administrative Law Judge's Decision.

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 and to adopt his recommended Order.

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, and hereby orders that the Respondent, Lehigh Metal Fabricators, Inc., Bethlehem, Pennsylvania, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order, except that the attached notice is substituted for that of the Administrative Law Judge.

I 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, 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.

' In adopting the Administrative Law Judge's conclusion that Respondent violated Sec. 8(aX3) and (1) of the Act, Member Hunter does not pass on the Administrative Law Judge's reliance on Oshkosh ReadyMix Ca, 179 NLRB 350 (1969), which is unnecessary to the resolution of the instant case.

APPENDIX

NOTICE To EMPLOYEES POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government After a hearing at which all sides had an opportunity to present evidence and state their positions, 267 NLRB No. 96 the National Labor Relations Board found that we have violated the National Labor Relations Act, as amended, and has ordered us to post this notice.

The Act gives employees the following rights:

To engage in self-organization To form, join, or assist any union To bargain collectively through representatives of their own choice To engage in activities together for the purpose of collective bargaining or other mutual aid or protection To refrain from the exercise of any or all such activities.

Accordingly, we give you these assurances.

WE WILL NOT discourage our employees from engaging in union activity, including participation in an economic strike, by refusing to reinstate strikers to vacancies which they are qualified to fill after termination of the strike, or in any other manner discriminating with respect to wages, hours, and other terms and conditions of employment.

WE WILL NOT in any like or ...

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