Trojan Steel Corp., 478 (1976)

National Labor Relations Board

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Trojan Steel Corp., 478 (1976)

Trojan Steel Corporation and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local No. 667, AFLCIO-CLC. Case 9-CA-9147

January 20, 1976 DECISION AND ORDER

BY CHAIRMAN MURPHY AND MEMBERS FANNING

AND JENKINS

On September 15, 1975, Administrative Law Judge Sidney J. Barban 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 and to adopt his recommended Order.

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 and hereby orders that the Respondent, Trojan Steel Corporation, Charleston, West Virginia, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

i The 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 554 (1950), enfd 188 F 2d 362 (C.A. 3, 1951) We have carefully examined the record and find no basis for reversing his findings.

DECISION

STATEMENT OF THE CASE

SIDNEY J. BARBAN, Administrative Law Judge: This matter was heard at Charleston, West Virginia, on June 4 and 5, 1975, upon a complaint issued on March 25, 1975, based upon a charge filed on February 13, 1975, by the abovenamed Charging Party (herein the Union). The complaint alleges that the above-named Respondent refused and continues to refuse to bargain in good faith with the Union as representative of an appropriate...

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