Boyer Ford Trucks

National Labor Relations Board - Board DecisionsMar 13, 1981

254 N.L.R.B. 1389 (N.L.R.B. 1981)

alld ruling^,^ remedy,3 herein.4 10(c) its 1. I(g): ' oarties. r ~~ Administra~ive ev~dence Smndard Pducrr . Inc.. (1950). enfd. 188 F.2d (3d lind 651 (1977). ' m ~ssuance modrfy NUTICI EMPLOYEES ORDER WE WE WE WILL - 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Boyer Ford Trucks, Inc. Professional Truck Salespersons Association. Case 18-CA-6508 March 13, 1981 DECISION AND ORDER On September 26, 1980, Administrative Law Judge Walter H. Maloney, Jr., issued the attached Decision in this proceeding. Thereafter, Respond- ent filed exceptions and a supporting brief.' The Board has considered the record and the at- tached Decision in light of the exceptions and brief and has decided to affirm the findings, and conclusions of the Administrative Law Judge, to modify his and to adopt his recom- mended Order, as modified ORDER Pursuant to Section of the National Labor Relations Act, as amended, the National Labor Re- lations Board adopts as its Order the recommended Order of the Administrative Law Judge, as modi- fied below, and hereby orders that the Respondent, Boyer Ford Trucks, Inc., Minneapolis, Minnesota, officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order, as so modified: Substitute the following for paragraph "(g) In any like or related manner interfering with, restraining, or coercing employees in the ex- ercise of the rights guaranteed them in Section 7 of the Act." 2. Substitute the attached notice for that of the Administrative Law Judge. Respondent's request for oral argument is denied as the record, in- cluding the brief, adequately presents the issues and the positions of the Respondent has excepted to certain credibility findings made by the Law Judge. It is the Board's established policy not to overrule an administrative law judge's resolutions with respect lo credi- bility unless the clear preponderance of all of the relevant con- vinces us that the resolutions are incorrect. Dry Wall 91 NLRB 544 362 Cir. 1951). We have carefully examined the record and no basis for reversing his findings. See Florida Steel Corporation. 231 NLRB for the rationale on interest payments. The Administrative Law Judge's recommended Order requires Re- spondent to cease and desist from violating the Act "in any other manner." However. we do not find Respondent's conduct in this case egregious enough warrant the o f such an Order. Consequent- ly, we shall the recommended Order to require Respondent to cease and desist from violating the Act "in any like or related manner" APPENDIX T o POSTED BY OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a hearing at which all sides had an opportu- nity 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 coercively interrogate em- ployees concerning their union activities or the union activities of other employees. WILL NOT promise employees benefits if they refrain from engaging in union activities. WILL NOT threaten to discharge or to blacklist employees because they have engaged in union activities. WILL NOT impose more onerous work- ing conditions on employees because they have engaged in union activities. WE NOT threaten to discontinue pen- sion and welfare benefits because employees choose to be represented by a labor organiza- tion for purposes of collective bargaining. WE WILL NOT discourage membership in Professional Truck Salespersons Association or any labor organization by discharging employ- ees or by participating in a pension or welfare plan in which employees who elect to be rep- resented by a labor organization for purposes of collective bargaining are ineligible to par- ticipate. WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in the exercise of the rights guaranteed to them by Section 7 of the Act. These rights include the right to form, join, or assist labor organiza- tions, to bargain collectively through repre- sentatives of their own choosing, and to engage in other concerted activities for their mutual aid and protection. WE WILL offer James E. Chesla full and im- mediate reinstatement to his former position or, if that position no longer exists, to a sub- stantially equivalent position, without preju- dice to his seniority or any other rights and privileges previously enjoyed, and WE WILL make him whole for any loss of pay or benefits which he may have suffered by reason of the discrimination practiced against him, with in- terest. 254 NLRB No.