Double D Construction Group, Inc - Decision Summary

Double D Construction Group, Inc. (12-CA-21951; 342 NLRB No. 89) Miami, FL Aug. 31, 2004. The Board affirmed the administrative law judge's recommended Order and dismissed the complaint allegation that the Respondent discharged employee Tomas Sanchez in violation of Section 8(a)(3) and (1) of the Act. Member Liebman, concurring, did not endorse all of the judge's analysis, including his discussion on page 5 of his supplemental decision of how testimony should be evaluated and his two page-discussion on pgs. 11-13 of the "cf." citation to Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), in the Board's remand decision.

The Board had remanded this case to the judge in 2003 to consider the credibility of Sanchez and to issue a supplemental decision on the merits of the 8(a)(3) allegation that the Respondent unlawfully discharged him. 339 NLRB No. 48. The Board held in abeyance the issuance of a final order pending receipt of the judge's supplemental decision. The order in this supplemental decision includes all unfair labor practices considered. The Board corrected the judge's recommended Order to conform to his finding that the Respondent unlawfully threatened employees with bodily harm.

(Chairman Battista and Members Liebman and Schaumber participated.)

Adm. Law Judge Keltner W. Locke issued his supplemental decision July 24, 2003.