NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,487, WALLACE INTERNATIONAL OF PUERTO RICO, INC. et al. and CONGRESO de UNIONES INDUSTRIALES de PUERTO RICO., (Sep. 22, 1994), National Labor Relations Board, (Sep 22, 1994)

WALLACE INTERNATIONAL OF PUERTO RICO, INC. et al. and CONGRESO de UNIONES INDUSTRIALES de PUERTO RICO.

314 NLRB No. 200.Case No. 24-CA-6664. September 22, 1994 Russell M. King, Jr., Administrative Law Judge. [1] .

Before Gould, Stephens and Browning.

Jorge A. Ramos, for General Counsel. Pedro Pumarada and Yldeponso Lopez Morales (Fiddler, Gonzalez & Rodriguez), San Juan, Puerto Rico, for Respondent. Jose A. Aneses Pena, San Juan, Puerto Rico, for Charging Party.

Interference--Coercive Remarks--Antiunion Campaign.--Once an employer discovered that its employees were engaging in a union organizing effort, it committed several unfair labor practices in an attempt to counteract the union. These coercive unlawful acts included threatening employees who supported the union with unspecified reprisals and discharge, promising a wage increase in order to induce employees to refrain from union activity, offering better-paying jobs to induce employer support and creating the impression that the employees’ union activities were under surveillance. Section 8(a)(1).

Back reference: ¶3770.0441.

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, [2] and conclusions and to adopt the recommended Order as modified. [3]

¹	This case was consolidated for hearing with Case 24-RC-7529. On May 11, 1994, the Board granted the Union’s motion to withdraw objections filed in Case 24-RC-7529, and severed the representation case from the present case.
²	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. In addition, the Respondent, in its reply brief, contends that some of the judge’s credibility findings demonstrate bias. On careful examination of the judge’s decision and the entire record, we are satisfied that the contention is without merit. We correct the judge’s misspelling of employee Luis Almodovar’s name.
³	In his decision, the judge recommended that the election conducted on February 24, 1993, in consolidated Case 24-RC-7529 be set aside and a new election held. In light of the severance of Case 24-RC-7529, we shall delete that portion of the recommended Order. We shall also modify the judge’s recommended Order to add a narrow cease-and-desist order which the judge inadvertently failed to include.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,487, WALLACE INTERNATIONAL OF PUERTO RICO, INC. et al. and CONGRESO de UNIONES INDUSTRIALES de PUERTO RICO., (Sep. 22, 1994), National Labor Relations Board, (Sep 22, 1994)

WALLACE INTERNATIONAL OF PUERTO RICO, INC. et al. and CONGRESO de UNIONES INDUSTRIALES de PUERTO RICO.

314 NLRB No. 200.Case No. 24-CA-6664. September 22, 1994 Russell M. King, Jr., Administrative Law Judge. [1] .

Before Gould, Stephens and Browning.

Back reference: ¶3770.0441.

From Text of Board’s Decision

¹	This case was consolidated for hearing with Case 24-RC-7529. On May 11, 1994, the Board granted the Union’s motion to withdraw objections filed in Case 24-RC-7529, and severed the representation case from the present case.
²	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. In addition, the Respondent, in its reply brief, contends that some of the judge’s credibility findings demonstrate bias. On careful examination of the judge’s decision and the entire record, we are satisfied that the contention is without merit. We correct the judge’s misspelling of employee Luis Almodovar’s name.
³	In his decision, the judge recommended that the election conducted on February 24, 1993, in consolidated Case 24-RC-7529 be set aside and a new election held. In light of the severance of Case 24-RC-7529, we shall delete that portion of the recommended Order. We shall also modify the judge’s recommended Order to add a narrow cease-and-desist order which the judge inadvertently failed to include.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,487, WALLACE INTERNATIONAL OF PUERTO RICO, INC. et al. and CONGRESO de UNIONES INDUSTRIALES de PUERTO RICO., (Sep. 22, 1994), National Labor Relations Board, (Sep 22, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,487, WALLACE INTERNATIONAL OF PUERTO RICO, INC. et al. and CONGRESO de UNIONES INDUSTRIALES de PUERTO RICO., (Sep. 22, 1994), National Labor Relations Board, (Sep 22, 1994)

From Text of Board’s Decision

Footnotes