Extract
Shaw's Supermarkets, 499 (2002)
Shaw's Supermarkets, Inc. and United Food and Commercial Workers Union, Local 791, AFL- CIO. Case 1-CA-37507
May 10, 2002 DECISION AND ORDER BY CHAIRMAN HURTGEN AND MEMBERS LIEBMAN AND COWEN On September 13, 2000, Administrative Law Judge Raymond P. Green issued the attached decision. The Charging Party filed exceptions and a supporting brief, and the Respondent filed an answering brief. The Respondent also filed cross-exceptions and a supporting brief, and the Charging Party filed an answering brief. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions2 and to adopt the recommended Order. ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge and the complaint is dismissed. A. Susan Lawson, Esq., for the General Counsel. David E. Watson, Esq. and Thomas Colomb Esq., for the Re spondent.Warren H. Pyle, Esq., for the Charging Party. DECISION STATEMENT OF THE CASE RAYMOND P. GREEN, Administrative Law Judge. This case was heard by me in Boston, Massachusetts, on June 5 to 8, 2000. The charge was filed on August 18, 1999, and the complaint was issued on December 29, 1999. In substance, the complaint alleges that on June 26, 1998, the company and the Union reached complete agreement on the terms and conditions of a collective-bargaining agreement, that "the agreement" was tendered to the company on November 23, 1998, for execution, 1 The Charging Party has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings.2 In adopting the judge's finding that the Respondent did not violate the Act by refusing to execute a collective-bargaining agreement, we agree with the judg...See the full content of this document
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