Extract
S. S. Kresge Co., 10 (1977)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
S. S. Kresge Company and Ronda Miller and Truck Drivers and Helpers Local Union No. 696. Cases 17-CA-7060 and 17-CA-7121April 18, 1977 DECISION AND ORDERBY MEMBERS JENKINS, PENELLO, AND WALTHEROn January 17, 1977, Administrative Law Judge Jerry B. Stone 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, 2 and conclusions of the Administrative Law Judge and to adopt his recommended Order.ORDERPursuant 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 the Respondent, S. S. Kresge Company, Lawrence, Kansas, its officers, agents, successors, and assigns shall take the action set forth in said recommended Order.i The Respondent has requested oral argument. This request is hereby denied as the record, the exceptions, and the brief adequately present the issues and the positions of the parties.2 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 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 Dry Wall Products,Inc., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings.DECISIONSTATEMENT OF THE CASEJERRY B. STONE, Administrative Law Judge: This consolidated proceeding, under Section 10(b) of the National Labor Relations Act, as amended, was heard pursuant to due notice on July 20 and 21, 1976, at Kansas City, Kansas.I Respondent's Counsel's letter, dated November 15, 1976, and 'Motion to Correct Transcript.' attached thereto, are marked as ALJ Exhs. 3 and 4, respectively, and are received into the record. Such 'Motion to Correct Transcript' is hereby granted. I also note that the transcript record and exhibit covers and reference by my Order Correcting Transcript (ALJ Exh.2) refer to Case 17-CA-7060. The transcript, exhibits, and orders all relate 229 NLRB No. 12The charge in Case 17-CA-7060 was filed on April 1, 1976. The complaint in this matter was issued on June 4, 1976. The original charge inCase 17-CA-7121 was filed on May 10, 1971. The first amended charge in Case 17-CA7121 was filed on June 11, 1976, and the complaint on June 30, 1976. Cases 17-CA-7060 and 17-CA-7121 were consolidated for all purposes on July 1,1976.The issues concern (I) whether the Respondent has violated Section 8(aX3) and (1) of the Act by discharging Ronda Miller on February 23, 1976, because of her interest in, activities in, and support of the Union, and by certain other changes in other employees' working conditions because of employee union activities or beliefs, and (2) whether the Respondent violated Section 8(aXl) of the Act by creation of impression of surveillance, by threats, by warnings, and by interrogation of employees concerning their union activities or beliefs.All parties were afforded full opportunity to participate in the proceeding. Briefs have been filed by all parties and have been considered.Upon the entire record in the case and from my observation of witnesses, I hereby make the following:FINDINGS OF FACTI. THE BUSINESS OF THE EMPLOYER 2S. S. Kresge Company, the Respondent, is a corporation engaged in a multistate retail sales business, with a warehouse located in Lawrence, Kansas, the only facility herein involved. In the course and conduct of its business operations at the above-mentioned facility, the Respondent annually purchases in excess of $50,000 worth ofgoods and materials directly from suppliers located outside the State of Kansas. In the course ...See the full content of this document
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