Margaret Anzalone, Inc., 879 (1979)

National Labor Relations Board, National Labor Relations Board (June 07, 1979)

Docket number: 29-CA-06322


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Margaret Anzalone, Inc., 879 (1979)

MARGARET ANZALONE, INC.

Margaret Anzalone, Inc. and Knitgoods Workers' Union, Local 155. International Ladies' Garment Workers' Union, AFL-CIO and New York Joint Board of the Amalgamated Clothing and Textile Workers Union, Local 162, AFL-CIO, Party to the Contract. Cases 29 CA 6322 and 29 (CA 6655

June 7, 1979 DECISION AND ORDER

BY CHAIRMAN FANNING ANI) MEMBIERS JENKINS ANt) PENEI.O On February 27, 1979, Administrative Law Judge Nancy M. Sherman 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 her recommended Order, as modified herein.2 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, as modified below, and hereby orders that the Respondent,

Margaret Anzalone, Inc., Brooklyn, New York, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order, as so modified:

1. Substitute the following for paragraph 2(b):

'(b) Offer Ramonita Guzman and Orfilia Ruiz reinstatement to the jobs of which they were unlawfully deprived or, if such jobs no longer exist, to substantially equivalent jobs, without prejudice to their seniority or other rights and privileges previously enjoyed, and make them whole for any loss of pay they may have suffered by reason of the discrimination i Respondent has excepted to certain cred bilit) 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 544 (1950), enfd. 188 F.2d 362 3d Cir. 1951). We have carefull) examined the record and find no basis for reversing her findings.

I We will modify the Administrative Law Judge's recommended Order to include the full reinstatement language traditionally provided b the Board.

and we will also modify the proposed notice to conform with the provisions of the recommended Order.

against them, in the manner set forth in that part of this Decision entitled 'The Remedy.' ' 2. Substitute the attached notice tfor that of the Administrative Law Judge.

,APPENI)IX NoII(rF. TO FEN1PII(YEI:S P()SI I) BY ORI) R ()OF1tl NAII()NAI, LAB1OR RII AII()NS BOARD An Agency of the United States Government After a hearing at which all parties had the opportunity to present their evidence, it has been decided that we violated the law in certain ways. We have been ordered to post this notice. We intend to carry out the Order of the Board and abide by the following:

The National Labor Relations Act gives employees the following rights:

To engage in self-organization To form, join, or assist any union To bargain collectively through representatives of their own choosing To engage in activities together for the purpose of mutual aid and protection To refrain from any such activities.

WE VIL.. NOT permit representatives of the New York Joint Board of the Amalgamated Clothing and Textile Workers Union, Local 162,

AFL.-CIO, to meet with any of you on company property in order t...



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