Woodruff Electric Cooperative Corp., 575 (1969)

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Woodruff Electric Cooperative Corp., 575 (1969)

WOODRUFF ELECTRIC COOPERATIVE CORP. 575

Woodruff Electric Cooperative Corporation and International Union of Electrical , Radio and Machine Workers, AFL-CIO, CLC. Case 26-CA-3016

February 18, 1969 DECISION AND ORDER

BY CHAIRMAN MCCULLOCH AND MEMBERS

FANNING AND ZAGORIA

On October 15, 1968, Trial Examiner George Turitz issued his Decision in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices in violation of the National Labor Relations Act, as amended, and recommending that the Respondent cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. The Trial Examiner also found that the Respondent had not engaged in a certain other unfair labor practice alleged in the complaint and recommended dismissal as to it. Thereafter, the Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief, and the General Counsel 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 powers in connection with this case to a three-member panel.

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and brief, and the entire record in this case, and hereby adopts the findings,' conclusions,2 and recommendations of the Trial Examiner.

'The Respondent contends that the credibility findings of the Trial Examiner are erroneous in that they resolve crednbility in favor of the General Counsel's witnesses rather than those of the Respondent It is established Board policy not to overrule a Trial Examiner' s credibility findings unless, as is not the case here, a clear preponderance of all relevant evidence convinces us they are incorrect , Standard Dry Wall Products, Inc, 91 NLRB 544, enfd. 188 F.2d 362 (C.A. 3). Nor does the fact that the Trial Examiner credited all the General Counsel's witnesses, and credited none of the Respondent's witnesses, necessarily indicate any impropriety. NLRB v Pittsburgh Steamship Co, 337 U.S. 657

Accordingly , we find no basis for disturbing the Trial Examiner's credibility findings in this case In adopting the Trial Examiner's conclusion that the Respondent's operations affect commerce within the meaning of the Act, we also rely on evidence that the Respondent has recently received $41,000 in loan funds from the Rural Electrification Administration , and was presently negotiating an additional large loan ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby adopts as its Order the Recommended Order of the Trial Examiner and orders that the Respondent, Woodruff Electric Cooperative Corporation, Forrest City, Arkansas, its officers, agents, successors, and assigns, shall take the action set forth in the Trial Examiner's Decision, as so modified:

Add the following as paragraph 2(d), and reletter the following paragraphs accordingly:

'(d) Notify the above-named employees if present...

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