Quality Drywall Co., 617 (1981)

National Labor Relations Board

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Quality Drywall Co., 617 (1981)

QUALITY DRYWALL COMPANY

Quality Drywall Company, Inc. and Falls Cities Carpenter District Council, United Brotherhood of Carpenters and Joiners of America, AFLCIO. Cases 9-CA-14526 and 9-CA-14672

January 14, 1981 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

PENELLO AND ZIMMERMAN

On October 10, 1980, Administrative Law Judge Phil W. Saunders issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief.

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 brief and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.

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, as modified below, and hereby orders that the Respondent,

Quality Drywall Company, Inc., Bowling Green,

Kentucky, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order, as so modified:

1. Substitute the following for paragraph 2(a):

'(a) Offer to Ralph Tarrence and to all the discriminatees named in Appendix A, attached hereto, immediate and full reinstatement to their formers jobs or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed, and make them whole for any loss of earnings they may have suffered by reason of the discrimination against them in the manner set forth in the section of this Decision entitled 'The Remedy.'' 2. Substitute the attached Appendix B for that of the Administrative law Judge.

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 DOy Wall Products,

Inc., 91 NLRB 544 (1950), enfd 138 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing his findings 254 NLRB No. 75 APPENDIX

NOTICE To EMPLOYEES POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government WE WILL NOT interrogate employees as to the identity of their spokesma...

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