Extract
Schlabach Coal Co., 1322 (1977)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Schlabach Coal Company and United Mine Workers of America Schlabach Coal Company and United Construction Workers Local No. 10 of the Christian Labor Association, Petitioner. Cases 8-CA-10252 and 8RC-10366September 13, 1977DECISION, ORDER, AND DIRECTION OF SECOND ELECTIONBY CHAIRMAN FANNING AND MEMBERSJENKINS AND PENEI.LO On June 3, 1977, Administrative Law Judge Elbert D. Gadsden issued the attached Decision in this proceeding.' Thereafter, Respondent filed exceptions and a supporting brief.Purshant 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 modify his remedy.3 Rather than adopt the Administrative Law Judge's recommended Order, we substitute therefor an order which more closely conforms to the evidence and his Conclusions of Law.ORDERPursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent,Schlabach Coal Company, Baltic, Ohio, its officers, agents. successors, and assigns, shall:I. Cease and desist from:(a) Threatening to go out of business and render employees jobless if they assist, support, or select as their collective-bargaining agent the United Mine Workers of America, or any other labor organization.(b) Threatening its employees to go out of business and render employees jobless if they do not assist, support, or select as their collective-bargaining agent I On June 14, 1977, the Administrative Law Judge issued the attached erratum.2 Respondent has excepted to certain credibility findings made by the Administrative L.aw Judge. It is the Board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credihility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions are incorrect. Standard Dry Wall Products.n1i., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefull examined the record and find no basis for reversing his findings.:' In accordance with our decision in Florida Steel Corporation, 231231 NLRB No. 154 the Christian Labor Association, or any other labor organization.(c) Threatening to discharge, discharging, or otherwise discriminating against an employee for his support of the United Mine Workers of America, or any other labor organization.(d) Contacting the Christian Labor Association, or any other labor organization, on behalf of its employees, attending organizing meetings with the employees, or assisting or supporting such labor organization in i...See the full content of this document
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