Extract
W. R. Case & Sons Cutlery Co., 1457 (1992)
Case Acquisition Corporation d/b/a W. R. Case & Sons Cutlery Co. and Local Lodge #638, District Lodge #65, International Association of Machinists and Aerospace Workers, AFL-CIO. Case 6-CA-23398
July 23, 1992DECISION AND ORDERBY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGHThe central issue in this case1 is whether the judge correctly found that the Respondent lawfully failed to hire three union activists and delayed hiring another union activist from its predecessor's work force. Based on this finding, the judge found that there was no unlawful taint to a petition rejecting the Union relied on by the Respondent in withdrawing recognition from the Union. The judge therefore recommended dismissal of the complaint's 8(a)(3), (5), and (1) allegations in their entirety.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,2 and conclusions and to adopt the recommended Order.ORDERThe recommended Order of the administrative law judge is adopted and the complaint is dismissed.1 On January 29, 1992, Administrative Law Judge Michael O. Miller issued the attached decision. The General Counsel filed exceptions and a supporting brief. The Respondent filed cross-exceptions and a reply brief to the exceptions of the General Counsel.The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.2 The General Counsel 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.In accord with the Respondent's cross-exceptions, we correct certain factual errors in the judge's decision: (1) The appropriate unit of Case Cutlery employees was as described in the 1988 collective-bargaining agreement with the Union, not rephrased and modified in the complaint. (See fn. 1 judge's decision.) (2) The Respondent's new labor grade 3 included jobs from the predecessor's former classification 8 and the Hafter position from former classification 9. (3) There were no, rather than few, proven exceptions to the Respond-ent's policy of declining to rehire any former employee at more than one grade level lower than the level of the former employee's previous job.Leone P. Paradise, Esq., for the General Counsel.William G. Trumpeter, Esq. (Miller & Martin), of Chattanooga, Tennessee, for the Respondent.William Rudis, of Concord, Connecticut, and Norman Smith, Jamestown...See the full content of this document
Sponsored links
