Extract
Ready Mixed Concrete Co., 1140 (1995)
Ready Mixed Concrete Company and International Brotherhood of Teamsters, AFL-CIO, Local No. 13. Case 27-CA-13393
July 17, 1995DECISION AND ORDERBY MEMBERS STEPHENS, COHEN, AND TRUESDALEOn April 21, 1995, Administrative Law Judge Mary Miller Cracraft issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel 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 exceptions1 and briefs and has decided to affirm the judge's rulings, findings2, and conclusions and to adopt the recommended Order.ORDERThe National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Ready Mixed Concrete Company, Denver, Colorado, its officers, agents, successors, and assigns, shall take the action set forth in the Order.1 The Respondent has requested oral argument. The request is denied as the record, the exceptions, and the briefs adequately present the issues and the positions of the parties.2 The judge at sec. III, ''The Respondent's Defense,'' par. 17 of her decision inadvertently stated that ''. . . assuming that I had credited Harrison's testimony on cross examination that he asked Harrison . . . .'' The second reference to ''Harrison'' should have been to discriminatee Teter.Donald E. Chavez, Esq., for the General Counsel. S. Lorrie Ray, Esq. and Kermit L. Darkey, Esq., of Denver, Colorado, for the Respondent.Frank L. Frauenfeld, of Denver, Colorado, for the ChargingParty.DECISIONSTATEMENT OF THE CASEMARY MILLER CRACRAFT, Administrative Law Judge. This case was tried in Denver, Colorado, on February 21 and 22, 1995. The charge and amended charge were filed September 15 and 22, 1994,2 respectively and the complaint issued on October 27, 1994. An amendment to the complaint issued on February 6, 1995. At issue is whether employee Terry Teter was suspended and discharged in violation of Section 8(a)(1) and (3) of the Act.On the entire record, including my observation of the demeanor of the witnesses, and after considering the briefs filed by the Genera...See the full content of this document
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