Extract
New York Taxi Drivers, 965 (1977)
NEW YORK CITY TAXI DRIVERS
New York City Taxi Drivers Union, Local 3036, AFLCIO (Taxi Maintenance Corporation) andThomas Robbins New York City Taxi Drivers Union, Local 3036, AFLCIO (Metropolitan Taxi Cab Board of Trade Inc.) and Steve Seltzer, on behalf of the Taxi Rank and File Coalition. Cases 2-CB-5888 and 2-CB-5979August 31, 1977 DECISION AND ORDERBY MEMBERS JENKINS, MURPHY, AND WALTHEROn February 7, 1977, Administrative Law Judge Jennie M. Sarrica issued the attached Decision in this proceeding. Thereafter, General Counsel and Steve Seltzer, on behalf of Taxi Rank and File Coalition, filed exceptions and supporting briefs, and Respondent filed a brief in opposition thereto.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 her 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 complaint be, and it hereby is, dismissed in its entirety.The General Counsel and Taxi Rank and File Coalition have 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 D0r Wall Products, Inc., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing her findings.We hereby correct the following inadvertent errors in the Administrative Law Judge's Decision which do not affect the results herein: In sec. Ill, D.2, the Administrative Law Judge found that, in a discussion between Union Shop Committeeman Kaufman and Goldman's garage manager, the latter displayed a weapon which he said Goldman had used in a fight at the garage, whereas the record discloses that the garage manager actually showed Kaufman a picture of a weapon. In fn. 32, the Administrative Law Judge found that. as of the time of the hearing. Seltzer had been fired by his employer and was furthering another career, whereas it is clear that he had been reinstated. Finally, in fn. 35. the Administrative Law Judge stated that an unfair labor practice charge filed by Goldman following his November 1975 discharge was dismissed by the Regional Director. whereas in fact such charge was withdrawn.231 NLRB No. 160 DECISIONSTATEMENT OF THE CASEJENNIE M. SARRICA, Administrative Law Judge: This is a proceeding under Section 10(b) of the National Labor Relations Act, as amended (29 U.S.C. 151, et seq.), hereinafter referred to as the Act, based on charges filed by Thomas Robbins on May 27, 1975,' in Case 2-CB-5888 and on charges and amended charges filed by Steve Seltzer, on behalf of the Taxi Rank and File Coalition, in Case 2CB-5979 on August 4, 1975, and amended on November 5, each of which was duly served upon Respondent; a consolidated complaint was issued on November 13, presenting allegations that New York City Taxi Drivers Union, Local 3036, AFL-CIO, hereinafter referred to as the Respondent, committed unfair labor...See the full content of this document
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