Extract
Sewell Plastics, Inc., 839 (1974)
SEWELL PLASTICS, INC. 839
Sewell Plastics, Inc. 'and Glass Bottle Blowers Association of U.S. and Canada. Cases 11-CA-5421, 11CA-5440, 11-CA-5446, 11-CA-5447, and 11RC-3754August 13, 1974DECISION, ORDER, AND DIRECTION By MEMBERS FANNING, KENNEDY. AND PENELLO lations of the Board, within 10 days from the date of this-Decision, Order, and Direction, at a time and place he shall announce, open and count the ballots of Evelyn Vaughan, John Dodson, Robert Gilchrist,Arbutus Redmon, Roberta Street, Delores Scott,Jeanette McLemore, Donald Suddreth, and Disa Walker and thereafter prepare and cause to be served on the parties a revised tally of ballots, including therein the count of the challenged ballots and the appropriate certification.On March 29, 1974, Administrative Law Judge Sidney Sherman issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the Charging Party filed a brief in support of the Administrative Law Judge's Decision.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 exceptions and briefs and has decided to affirm the rulings, findings,' and conclusions 2 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 Respondent, Sewell Plastics, Inc., Charlotte, North Carolina, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.'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 2 In agreeing with the Administrative Law Judge 's conclusion that Respondent's application of its no-solicitation rule violated Sec. 8 (a)(1) of the Act, Members Kennedy and Penello do not adopt the reasoning set forth in In. 8 of his Decision and the cases cited therein.3 The Charging Party's motion to sever, made after this consolidated case was transferred to the Board, is hereby granted, there being no opposition filed thereto by any of the parties.DIRECTIONIt is directed that Case 11-RC-3754 be severed and remanded to the Regional Director 3 and that the Regional Director shall, pursuant to the Rules and ReguDECISIONSIDNEY SHERMAN, Administrative Law Judge: The instant charges were served on Respondent between August 1 and 23, 1973,1 the complaint issued on September 28, and the case was heard on January 15, 16, and 17, 1974. The issues litigated related to alleged violations of Section 8(a)(1) and (3) and the eligibility of certain voters in a Board election.After the hearing, briefs were filed by Respondent and the Charging Party.Upon the entire record,2 the following findings and recommendations are made:I RESPONDENT'S BUSINESS Sewell Plastics, Inc., herem called Respondent, is a corporation incorporated under the laws of Georgia, and is engaged at its plant in Charlotte, North Carolina, in manufacturing plastic containers. It annually receives at that plant from out-of-state suppliers raw materials valued at more than $50,000 and annually ships to out-of-state points products worth more than $50,000. Respondent is engaged in commerce under the Act.II THE UNIONGlass Bottle Blowers Association of U.S. and Canada, hereinafter called the Union, is a labor organization under the Act.III. THE MERITS In the instant proc...See the full content of this document
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