Schreiber Manufacturing Co, Inc., 1196 (1982)

National Labor Relations Board

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Schreiber Manufacturing Co, Inc., 1196 (1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Schreiber Manufacturing Co., Inc. and Local 299,

International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and Ricky Allen Flury, William Wade Mooney,

Charles James Mooney, Gregory James Chalmers, William Joseph Davis, Richard Robenault, R. F. Farris, and Ernest A. Farris.

Cases 7-CA-18007, 7-CA-18238, 7-CA18259(1), 18259(2), 7-CA-18259(3), 7-CA18405, 7-CA-18469(2), 7-CA-18928, 7-CA18929, and 7-CA-19242

July 22, 1982 DECISION AND ORDER

BY MEMBERS FANNING, JENKINS, AND ZIMMERMAN

On March 24, the Administrative Law Judge Bernard Ries issued the attached Decision in this proceeding. Thereafter, the General Counsel' and the Respondent filed exceptions and supporting briefs. The Respondent also filed an answering brief in support of the Administrative Law Judge.

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 briefs and has decided to affirm the rulings, findings,2 and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified 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, as modified below, and hereby orders that the Respondent,

Schreiber Manufacturing Co., Inc., Clawson,

Michigan, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order as so modified:

1. Substitute the following for paragraph 1(b):

'(b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.' We hereby deny as lacking in merit the Respondent's motion to strike the General Counsel's exceptions.

2 The General Counsel 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 (3d Cir.

1951). We have carefully examined the record and find no basis for reversing his findings.

262 NLRB No. 154

2. Insert the following as paragraph 2(c) and reletter the subsequent paragraphs accordingly:

'(c) Expunge from its files any reference to the discharge of Windle D. Pinkston, Sr., and Dennis J. Brewer on August 4, 1980, and notify them in writing that this has been done and that evidenc...

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