Extract
Standard Motor Products, Inc., 482 (1982)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Standard Motor Products, Inc. and Daniel Whittle and Charles Stallions. Cases 15-CA-8331 and 15-CA-8417November 24, 1982 DECISION AND ORDERBY MEMBERS FANNING, JENKINS, AND ZIMMERMANOn May 13, 1982, Administrative Law Judge Hutton S. Brandon issued the attached Decision in this proceeding. Thereafter, counsel for the General Counsel and Respondent, respectively, filed exceptions and supporting briefs, and Respondent filed an answering 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 briefs and has decided to affirm the rulings,I findings,2 and conclusions of the Administrative Law Judge and to adopt his recommended Order, as modified herein.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, Standard Motor Products, Inc., Montgomery, Alabama, its officers, agents, successors, and assigns, shall take the action set forth in said recommended Order, as modified below:1. Insert the following as paragraph 2(b) and reletter the subsequent paragraphs accordingly:'(b) Expunge from its files any reference to the discharge of Edgar Lee Hayes on September 22, i We note the following scrivener-type errors made by the Administrative Law Judge and excepted to by Respondent: in sec. In,B,3, first paragraph, fifth sentence, the word 'ever' should read 'never'; in sec. I1,E, penultimate paragraph, second sentence, the word 'down' should read 'shown'; and in the section entitled 'Conclusions of Law,' the sixth paragraph should read, 'Respondent did not violate Section 8(aX3) and (1) of the Act in the discharge of Daniel Whittle and Charles Stallions.' s 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 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing his findings.As requested by the General Counsel, we have modified the Order and notice recommended by the Administrative Law Judge to include provisions requiring Respondent to expunge from its files any reference to the unlawful September 22, 1981, discharge of Edgar Lee Hayes and to notify Hayes in writing that this has been done and that evidence of these unlawful actions will not be used as a basis for future discipline against him. See Sterling Sugars Inc., 261 NLRB 472 (1982).265 NLRB No. 681981, and notify him in writing that this has been done and that evidence of this unlawful action will not be used as a basis for future discipline against him.' 2. Substitute the attached notice for that of the Administrative Law Judge.APPENDIXNOTICE To EMPLOYEES POSTED BY ORDER OF THENATIONAL LABOR RELATIONS BOARDAn Agency of the United States Government After a hearing at which all sides had an opportunity to present evidence and state their positions, the National Labor Relations Board found that we have violated the National Labor Relations Act, as amended, and has ordered us to post this notice.WE WILL NOT discourage membership in Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union No. 612, or any other labor organization by discriminatorily discharging, or in any other manner discriminating against, employees with regard to their hire or tenure of employment or any term or condition of employment.WE WILL NOT publish, maintain, or enforce any rule of conduct which unlawfully limits the rights of our employees to make st...See the full content of this document
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