\title{Mercedes-Benz U.S. International, Inc. (MBUSI) and Michael Kirk Garner\\Case 10--CA--226249\\March 3, 2020}

\section{Decision and Order}
By Chairman Ring and Members Kaplan and Emanuel

On July 26, 2019, Administrative Law Judge Arthur J. Amchan issued the attached decision. The General Counsel filed exceptions and a supporting brief, and the Respondent filed an answering brief. In addition, the Respondent filed cross-exceptions with supporting argument, the General Counsel filed an answering brief, and the Respondent filed a reply brief.

The National Labor Relations 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,\footnote{The General Counsel 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. \textit{Standard Dry Wall Products}, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. Because we adopt the judge’s dismissal of the allegation that the Respondent unlawfully interrogated employees, we find the Respondent’s cross-exception, contending that the allegation was not fully litigated, is moot.} and conclusions and to adopt the recommended Order.

\section{Order}
The recommended Order of the administrative law judge is adopted and the complaint is dismissed.

Dated, Washington, D.C. March 3, 2020

John F. Ring, Chairman

Marvin E. Kaplan, Member

William J. Emanuel, Member

\section{Statement of the Case}
Arthur J. Amchan, Administrative Law Judge. This case was tried in Birmingham, Alabama, on June 19, 2019. Michael Kirk Garner (hereinafter referred to as Kirk Garner) filed the initial charge on August 24, 2018, and then filed two amended charges. The General Counsel issued the complaint on March 12, 2019.

The General Counsel alleges that on August 10, 2018, Respondent Mercedes-Benz, by Supervisor Don Fillmore, violated Section 8(a)(1) of the Act by threatening Kirk Garner with unspecified reprisals when Fillmore told Garner not to get his work group stirred up over the issue of training contract employees. He also alleges that Respondent, by Supervisor Timothy Ivory, violated Section 8(a)(1) on August 13, 2018, by polling employees as to whether they agreed with Garner’s objection to training contract employees in their department.

On the entire record, including my observation of the demeanor of the witnesses, and after considering the briefs filed by the General Counsel and Respondent, I make the following

\section{Findings of Fact}

\subsection{I. Jurisdiction}
Respondent, a corporation, manufactures and sells automobiles at its facility in Vance, Alabama, where it annually sells goods valued in excess of \$50,000 directly to points outside of Alabama. Respondent admits, and I find, that it is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.

\subsection{II. Alleged Unfair Labor Practices}
In August 2018, Respondent was preparing to launch a new vehicle model. As part of that launch it decided to hire temporary contract workers in the GFP quality department. This department performs the last quality inspection of automobiles before they leave the plant for sale to dealerships. The GFP department works three shifts, A, B, and C. A and B shift rotate every 2 weeks between mornings and afternoons. C shift, the night shift, does not rotate. Each shift in the GFP department consists of 15--17 employees and is split into two groups; the static group, which, for example, tests the torque on bolts and the dynamic group which test drives cars. The GFP department tests about 5 percent of the cars leaving the assembly area; other quality tests are performed before vehicles get to GFP.

Don Fillmore is the Group Leader of the B shift; Timothy Ivory is the Group Leader of the A shift. Respondent admits that in August 2018 they were statutory supervisors and agents of Mercedes-Benz. There is no group leader present in the plant during the C shift. This shift is managed by Fillmore and Ivory jointly.

Joseph W. Webb, Esq., for the General Counsel.

Marcel L. Debruge and Michael L. Lucas, Esqs. (Burr Forman, LLP), of Birmingham, Alabama, for the Respondent.