Long Island Jeep, Inc., 1361 (1977)

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Long Island Jeep, Inc., 1361 (1977)

LONG ISLAND JEEP, INC.

Long Island Jeep, Inc. and Local 259, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW). Case 29-CA4870

September 16, 1977 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

PENELLO AND MURPHY

On November 3, 1976, Administrative Law Judge Arthur Leff issued the attached Decision in this proceeding. Thereafter, the General Counsel and the Charging Party filed exceptions and supporting briefs, and the Respondent 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 conclusions of the Administrative Law Judge and to adopt his recommended Order.2

We agree with the Administrative Law Judge that the Respondent did not refuse to bargain in violation of Section 8(a)(5) of the Act during contract negotiations with the Union. Therefore, we adopt his Decision in its entirety. Further, unlike our dissenting colleague, we find no evidence that, between the fifth and sixth bargaining sessions, the Union demanded and the Respondent refused to attend a meeting with the Union's representatives under the auspices of the State Mediation Board. Thus, we can attach no significance to events occurring in that period which, in the Chairman's view, constitute 'additional' evidence of bad-faith bargaining on the part of the Respondent.

As to those events, the Union's business agent testified that after he agreed to determine whether the Respondent's economic proposal was acceptable to the employees and advise the Respondent accordingly, but before doing so, he was put in contact with an official of the State Mediation Board who offered to find out if the Respondent would attend a meeting tentatively set up with the Union. He was later advised that the Respondent would not do so.

I The General Counsel 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 ...

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