JD–66–13Cranberry Township, PAUNITED STATES OF AMERICABEFORE THE NATIONAL LABOR RELATIONS BOARDDIVISION OF JUDGESALCOA, INC. ANDALCOA COMMERCIAL WINDOWS, LLCd/b/a TRACO, A SINGLE EMPLOYER andCase 06-CA-065365UNITED STEEL, PAPER AND FORESTRY,RUBBER, MANUFACTURING, ENERGY,ALLIED INDUSTRIAL AND SERVICE WORKERSINTERNATIONAL UNION, AFL-CIO, CLC.
for theActingGeneral Counsel.
Scott Dietrich, Esqs.
for the Respondent.
for the Charging Party.DECISIONS
TATEMENT OF THE
MARK CARISSIMI, Administrative Law Judge. This case was tried in Pittsburgh,Pennsylvania,onJuly 10 and 11, 2013. The United Steel, Paper and Forestry, Rubber,Manufacturing, Energy,Allied Industrial and Service Workers International Union, AFL-CIO,CLC (the Union) filed the charge onSeptember 23, 2011,
and the Acting General Counselissued the complaint on April 18, 2013.On the entire record, including my observation of the demeanor of the witnesses
, andafter considering the briefs filed by theActing General Counsel, Respondent Alcoa Inc. and
All dates are in 2011 unless otherwise indicated.
In making my findings regarding the credibility of witnesses, I have considered their demeanor, thecontent of the testimony and the inherent probabilities based on the record as a whole. In certaininstances, I credited some but not all, of what the witness said. I note, in this regard, that “nothing is morecommon in all kinds of judicial decisions than to believe some and not all” of the testimony of a witness.
Jerry Ryce Builders
, 352 NLRB 1262 fn. 2 (2008), citing
NLRB v. Universal Camera Corp.
, 179 F.2d749, 754 (2d Cir. 1950), revd. on other grounds 340 U.S. 474 (1951). See also
J. Shaw Associates
, LLC,349 NLRB 939, 939-940 (2007).