NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,532, MPG TRANSPORT, LTD. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 560, AFL-CIO., (Oct. 31, 1994), National Labor Relations Board, (Oct 31, 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 judge found that the Respondent violated Sec. 8(a)(1) by the threat of Joseph Wadena, the Respondent’s diretor of automotive transportation, to employee Roy Rappa to close the plant or to subcontract the employees’ work if the employees chose the Union as their bargaining representative. The Respondent in its brief contends that during a preelection speech to all employees the Respondent’s president, Michael Wysocki, repudiated that threat. Although Wysocki told the employees that the Respondent would not close the terminal or cancel its order for new delivery trucks, we find that this statement did not effictively disavow the prior threat under the criteria set forth in Passavant Memorial Area Hospital [1978 CCH NLRB ¶19,471] 237 NLRB 138 (1978). The repudiation was not timely, but occurred approximately 1 month after the initial threat. Furthermore, it was not “specific in nature to coercive conduct,” since Wysocki did not refer to the initial threat and specifically deny its substance. Id. at 139. Finally, Wysocki’s statement did not interfere with the exercise of their Sec. 7 rights by such coercive conduct. Accordingly, we agree with the judge that Wadena’s threat violated Sec. 8(a)(1) of the Act.