NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,405, NATIONAL SURFACE CLEANING, INC. and HUMBERTO YEPPES and RODRIGO MARMOLEJO., (July 28, 1994), National Labor Relations Board, (Jul 28, 1994)

The Respondent has excepted to some of the judge’s credibility findings. The Board’s established policy is not to overrule an administrative law judge’s credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. [19 LC ¶66,308] 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. The Respondent has excepted to the judge’s finding that Project Manager Ortega thought that employee Yeppes had betrayed him. Ortega testified that “I was extremely upset with [Yeppes] because I gave him work and I heard he had filed a complaint against me. The (sic) hurt and why I was upset was that he come over to shake my hand and thank me and the next thing I know he filed charges against me. That’s why I was really upset.” Although the Respondent correctly notes that Ortega did not characterize Yeppes’ conduct as a “betrayal,” as did the judge, we find that the judge drew a reasonable inference from Ortega’s testimony.

In affirming the judge’s findings, we find it unnecessary to rely on the fourth paragraph of the judge’s analysis section.

We adopt the judge’s recommended Order, including par. 2(a), which contains the Board’s traditional reinstatement language. We do not adopt fn. 7, par. 3 of the judge’s decision, which limits the Respondent’s reinstatement obligation to the New York City area, because we find no basis for deviating from the standard remedy the Board provides employees unlawfully denied employment.