E. I. DuPont de Nemours & Co., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 2014

03-CA-096616 (N.L.R.B. Jun. 30, 2014)

NOT INCLUDED IN PHJ
BOUND VOLUMES Tonawanda, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
E.I. DUPONT DE NEMOURS & CO., INC.
and Case 03-CA-096616
UNITED STEELWORKERS, INTERNATIONAL
UNION AND ITS LOCAL 6992
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the Board upon a joint motion of
Respondent E.I. DuPont de Nemours and Company, Charging Party
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union, and
its Local Union 6992, and the General Counsel to waive a hearing
and decision by an administrative law judge and to transfer the
proceedings to the Board for a decision based on the stipulated
record.
On March 21, 2013, the General Counsel of the National
Labor Relations Board, through the Regional Director for Region
3, issued a complaint and notice of hearing alleging that about
January 1, 2013, the Respondent implemented several changes to
its corporate-wide employee benefits plan, known as the Beneflex
Flexible Benefit Plan, without affording the Union an
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opportunity to bargain with respect to the changes and their
effects, and without bargaining to a valid impasse with the
Union. The complaint alleges that by this conduct, the
Respondent has been failing to bargain with the Union in
violation of Section 8(a)(5) and (1) of the Act.
On December 27, 2013, the parties filed a Joint Motion,
Stipulation of Facts, and Statement of the Issue with the Board.
Pursuant to Section 102.35(a)(9) of the Board’s Rules and
Regulations, the parties have waived a hearing before an
administrative law judge and agreed to submit the record in this
case directly to the Board for findings of fact, conclusions of
law, and a Decision and Order. The parties have requested that
the Board set a time for the filing of briefs.
The Board having considered the matter,
IT IS ORDERED that the Joint Motion is granted and the case
is transferred to and continued before the Board in Washington,
D.C., for the purpose of issuing findings of fact, conclusions
of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which
includes a stipulation of facts, a statement of the issue
presented, Exhibits 1 through 25, and statements of position by
the Respondent, the Charging Party Union, and the General
Counsel, is approved and made a part of the record.
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The parties may file briefs with the Board in Washington,
D.C. on or before July 21, 2014, and answering briefs 14 days
thereafter in accordance with Section 102.35(a)(9) of the
Board’s Rules and Regulations.
Dated, Washington D.C., June 30, 2014.
By direction of the Board:
Gary Shinners
/s/_________________
Executive Secretary