Storto Sons Construction Co., Inc., 1298 (1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Storto Sons Construction Co., Inc. and Bricklayers,

Masons and Plasterers' Local Union No. 43 of the Finger Lakes Region. Case 3-CA-8448

March 30, 1982 SUPPLEMENTAL DECISION AND

ORDER

BY MEMBERS FANNING, JENKINS, AND ZIMMERMAN

On June 12, 1981, Administrative Law Judge Jerry B. Stone issued the attached Supplemental Decision in this proceeding.' Thereafter, the Respondent and the Charging Party filed exceptions and supporting briefs; the General Counsel filed cross-exceptions and a supporting brief; and the Charging Party filed an answering brief to the Respondent's exceptions.

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 Supplemental Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge2 and to adopt his recommended Order. 3 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, Storto Sons Construction Co., Inc., Rochester, New York, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

'The Board's original Decision and Order in this case is reported at 245 NLRB 1360 (1979) It was enforced by entry of Consent Judgment by the United States Court of Appeals for the Second Circuit on March 5, 1980.

2The 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 Prnducls.

Inc., 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951) We have carefully examined the record and find no basis for reversing his findings 3 In accordance with his dissent in Olympic Medical Corporation, 250

NLRB 146 (1980), Member Jenkins would award interest on the backpay due based on the formula set forth therein SUPPLEMENTAL DECISION

STATEMENT OF THE CASE

JERRY B. STONE, Administrative Law Judge: This proceeding to determine backpay, if any, due discriminatees Stephen M. Corcoran, Jr., Herman Davis, Philip DeSain,

Harry J. Serrett, Jr., Dominick Vedora, and John Woznick, pursuant to the remedial order issued by the Board on September 28, 1979 (reported at 245 NLRB 1360, and as enforced by entry of consent judgment by the United States Court of Appeals for the Second Circuit on March 5, 1980), was held on January 5, 1981, in Rochester, New York.

Following such hearing, the parties have supplemented and/or clarified the record and positions taken by certain stipulations and exhibits which have been received into the record.

The issues concern (1) the reasonableness of t...

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