International Association of Machinists and Aerospace Workers, AFL-CIO District 70 and Local Lodge 8

National Labor Relations Board - Unpublished Board Decisions

Nov 4, 2015

14-CB-133028 (N.L.R.B. Nov. 4, 2015)

1
November 4, 2015
Re: Machinists District 70 and Local Lodge 839
(Spirit Aerosystems, Inc).
Case 14-CB-133028
ORDER

The Respondent’s Motion to Supplement the Record is denied. See
Section 102.48(d) of the Board’s Rules and Regulations. The evidence the
Respondent seeks to introduce concerns events occurring nearly one month
after the judge issued a decision in this proceeding. To the extent the
Respondent seeks to introduce the evidence to call into question the judge’s
credibility determinations, that request is denied. Hagar Management, 313 NLRB
438, 438 fn. 1 (1993) (Board will not reopen record so that party can attack
judge’s credibility determinations), enfd. 55 F.3d 684 (D.C. Cir. 1995). Finally,
the Respondent has not shown why its evidence would require a different result
than that reached by the judge.1
By direction of the Board:

Farah Z. Qureshi
Associate Executive Secretary

1
The Respondent is not precluded from introducing evidence in the compliance hearing on
the issue of discriminatee Jarrod Lehman’s entitlement to make-whole relief. Berkshire Farm
Center, 333 NLRB 367, 367 (2001)
Because we deny the Respondent’s motion herein, we find it unnecessary to pass on
Counsel for the General Counsel’s request to strike the Respondent’s characterizations of
Lehman’s character.
United States Government
NATIONAL LABOR RELATIONS BOARD
1015 HALF STREET, SW
WASHINGTON DC 20570