Extract
Sea Ray Boats, Inc., 779 (2001)
Sea Ray Boats, Inc. and International Brotherhood of Teamsters, Local 385, AFL-CIO. Cases 12-CA- 19077, 12-CA-19093, 12-CA-19077-2, 12-CA- 19077-3, 12-CA-19093-2, and 12-CA-19093-3
October 1, 2001DECISION AND ORDER BY CHAIRMAN HURTGEN AND MEMBERS LIEBMAN AND TRUESDALE On September 30, 1999, Administrative Law Judge Lawrence W. Cullen issued the attached decision. The Respondent and General Counsel each filed exceptions and the Respondent filed a supporting brief. The General Counsel filed a brief in support of the administrative law judge's decision, and the Respondent filed an answering brief. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions and to adopt the recommended Order2 as modified. ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Sea Ray Boats, Merritt Island, Florida, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified. 1. Substitute the following for paragraphs 2(c) and 2(d). "(c) Preserve and, within 14 days of a request, or such additional time as the Regional director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including and electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order. 1 The Respondent has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they 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 the findings. In adopting the judge's finding that the Respondent violated Sec. 8(a)(3) and (1) of the Act by issuing a warning to employee Larry Poindexter pursuant to its newly promulgated "two strike" rule prohibiting employees from discussing the Union, we find it unnecessary to rely on the "adverse inference" drawn by the judge. The judge discredited the testimony from one employee concerning alleged harassm...See the full content of this document
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