Extract
McLane Western, Inc., 1396 (1980)
McLane Western, Inc. and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 435.
Cases 27-CA-6288 and 27-RC-5848August 27, 1980DECISION, ORDER, AND DIRECTION OF SECOND ELECTIONBY CHAIRMAN FANNING AND MEMBERSJENKINS AND TRUESDALEOn May 7, 1980, Administrative Law Judge William J. Pannier III issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed a brief in opposition to Respondent's exceptions.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,' recommendations, and conclusions of the Administrative Law Judge and to adopt his recommended Order.ORDERPursuant 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, McLane/Western, Inc., Denver, Colorado, its officers, agents, successors, and assigns, shall take the action set forth in said recommended Order.IT IS FURTHER ORDERED that the election held on June 28 through 30, 1979, in Case 27-RC-5848, be, and it hereby is, set aside, and that said case is hereby remanded to the Regional Director for Region 27 to conduct a new election.[Direction of Second Election and Excelsior footnote omitted from publication.] 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.Inc., 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.DECISIONSTATEMENT OF THE CASEWILLIAM J. PANNIER III, Administrative Law Judge:This matter was heard by me in Denver, Colorado, on 251 NLRB No. 185December 6 and 7, 1979.1 On August 8 the Acting Regional Director for Region 27 of the National Labor Relations Board issued a complaint and notice of hearing, based upon an unfair labor practice charge filed on July 17 and an amended charge filed on August 7, alleging violations of Section 8(a)(1) and (3) of the National Labor Relations Act, as amended, 29 U.S.C. '§151, e seq., herein called the Act. On August 13, the said Acting Regional Director issued a 'Supplemental Decision, Order Directing Hearing, and Order of Consolidation and Notice of Hearing,' finding that certain objections to conduct affecting the results of the election conducted in Case 27-RC-5848 could best be resolved through a hearing and, as these objections concerned matters already included as allegations in the complaint issued in Case 27-CA-6288, consolidating the two cases for hearing and decision. All parties have been afforded full opportunity to appear, to introduce evidence, to examine and crossexamine witnesses, and to file briefs.Based upon the entire record,2 the briefs filed on behalf of the parties, and my observation of the demeanor o...See the full content of this document
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