NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,418, TOM RYAN DISTRIBUTORS, INC. and LOCAL 332, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (July 28, 1994), National Labor Relations Board, (Jul 28, 1994)

The Respondent asserts that the judge’s resolutions of credibility, findings of fact, and conclusions of law are the result of bias. After a careful examination of the entire record, we are satisfied that this allegation is without merit. There is no basis for finding that bias and partiality existed merely because the administrative law judge resolved important factual conflicts in favor of the General Counsel’s witnesses. NLRB v. Pittsburgh Steamship Co., [16 LC ¶65,207] 337 U.S. 656, 659 (1949). Furthermore, it is the Board’s established policy 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 further contends that the judge erred in finding that the Federal mediator attended only one of the bargaining sessions that the parties held. Our review of the record discloses that the evidence is inconclusive as to whether the Federal mediator was present for a second time on September 10, 1992, as the Respondent claims. Nevertheless, even assuming that the judge’s factual finding on this point was erroneous, we find that the misstatement is insufficient to affect our ultimate conclusions here.