Extract
Struthers Wells Corp., 1170 (1979)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Struthers Wells Corp. and Office and Professional Employees International Union, Local No. 186,AFL-CIO. Case 6-CA 11088September 28, 1979 DECISION AND ORDERBY CHAIRMAN FANNING AND MEMBERS JENKINSAND MURPHYOn March 22, 1979, Admininstrative Law Judge Robert M. Schwarzbart issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting 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 brief and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge as modified below.The Administrative Law Judge found that Respondent violated Section 8(a)(5) and (1) of the Act by refusing to December 1977 to give certain employees merit increases assertedly owing to them under the provisions of its bargaining agreement with the Union. The record does not, however, support the finding that the specific increases allegedly withheld unlawfully were in fact due and owing at times material. Nevertheless, we agree with the Administrative Law Judge that Respondent violated the Act as alleged in the complaint, but we do so on the ground that Respondent during the period have involved improperly failed to evaluate employee performance as required by its contract and to grant to those employees where warranted the merit increases they would have been entitled to as a consequence of such contractually required work evaluations.Respondent's contract with the Union provides in article X, section 3:Management will review the Employee's [sic] records twice each calendar year, in approximately May and November, to determine which Employees are entitled to merit increases ....Merit increases granted will become effective in the first payroll period beginning after June 1IRespondent has excepted to certain credibility findings made by the Adninistrative 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.and in the first payroll period beginning after December I respectively.Under Respondent's established practice, the merit review is initiated by an employee's supervisor who gives an oral evaluation of the employee's work to Respondent's industrial relations manager, R. A.Marti. He, in turn, compiles all relevant data on the matter and then discusses the proposed increase with Respondent's executive vice president, Fanaritis, and its president, Wal...See the full content of this document
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