Ruby Concrete Co., 724 (1974)

National Labor Relations Board

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Ruby Concrete Co., 724 (1974)

Ruby Concrete Company and Chauffeurs, Teamsters and Helpers, Local 215, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. Cases 9-CA-8138 and 9-RC-10286

IT IS FURTHER ORDERED that the election conducted in Case 9-RC-10286 be, and it hereby is, set aside, that said proceeding be, and it hereby is, vacated, and that the petition filed therein be, and it hereby is, dismissed.

September 27, 1974 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS JENKINS

AND KENNEDY

On May 31, 1974, Administrative Law Judge Walter H. Maloney, Jr., 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, as modified herein,2 of the Administrative Law Judge and to adopt his recommended Order.

AMENDED CONCLUSIONS OF LAW

1. Delete paragraph 5.

2. From paragraph 6, delete 'By the Acts and conduct set forth in Conclusion of Law No. 5 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 and hereby orders that Respondent, Ruby Concrete Company,

Madisonville, Kentucky, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

' The Respondent has excepted to certain credibility findings made by the Administrative Law Judge. It is the Board's established policy not to overrule an Administ...

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