Extract
Del Rey Tortilleria, 216 (1991)
Del Rey Tortilleria, Inc. and Local 76, International Ladies Garment Workers Union, AFL-CIO.
Case 13-CA-25033March 27, 1991DECISION AND ORDERBY CHAIRMAN STEPHENS AND MEMBERSCRACRAFT AND RAUDABAUGHOn December 7, 1988, Administrative Law Judge Arline Pacht issued the attached decision. The Respondent filed exceptions, a supporting brief, and a brief in answer to the General Counsel's exceptions; the General Counsel filed exceptions, a supporting brief, and a brief in answer to the Respondent's exceptions; and the Charging Party filed a brief in answer to the Respondent's exceptions.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 conclusions2 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, Del Rey Tortilleria, Inc., Chicago, Illinois, its officers, agents, successors, and assigns, shall take the action set forth in the 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.2 The judge concluded, at fn. 3 of her decision, that the Respondent was not liable for remedial relief due discriminatees Felix Hernandez and Roberto Marcos because they were not at the backpay hearing and were thus unavailable for examination. The record shows that the General Counsel did not oppose the Respondent's motion at the hearing to dismiss the backpay specification as to Hernandez and Marcos. Accordingly, we find no merit to the General Counsel's exception that Hernandez and Marcos should not be denied remedial relief. In doing so, we find it unnecessary to consider whether Hernandez or Marcos would otherwise have been entitled to remedial relief.Sheryl Sternberg, Esq., for the General Counsel.Irving M. Geslewitz, Esq. (Adams, Fox, Adelstein & Rosen), of Chicago, Illinois, for the Respondent.William R. Widmer III, Esq....See the full content of this document
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