The General Tire & Rubber Co., 474 (1964)

National Labor Relations Board, National Labor Relations Board (November 05, 1964)

Docket number: 26-CA-01726


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Extract:

The General Tire & Rubber Co., 474 (1964)

RECOMMENDED ORDER

It is recommended that the complaint and amendment to the complaint be dismissed in their entirety.

The General Tire & Rubber Company, Chemical Plastics Division and United Rubber, Cork, Linoleum & Plastics Workers of America, AFL-CIO. Case No. 06-CA-1726. November 5, 1964 DECISION AND ORDER

On August 3, 1964, Trial Examiner Samuel M. Singer issued his Decision in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the amended complaint and recommending dismissal of the amended complaint in its entirety, as set forth in the attached Trial Examiner's Decision. Thereafter, the General Counsel filed exceptions to the Trial Examiner's Decision and a supporting brief, and the Respondent filed a reply brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Leedom, Fanning, and Brown].

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 briefs, and the entire record in this proceeding, and hereby adopts the findings,' conclusions, and recommendation of the Trial Examiner.

[The Board dismissed the amended complaint.] 'The General Counsel excepted to the credibility findings made by the Trial Examiner.

It Is the Board's established policy, however, not to overrule a Trial Examiner' s resolutions with respect to credibility unless, as is not the case here , the clear preponderance of all the relevant evidence convinces us that the resolutions were incorrect . Standard ...



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