Gulf States Manufacturers, Inc.

National Labor Relations Board - Board Decisions

Dec 11, 1987

287 N.L.R.B. 43 (N.L.R.B. 1987)

GULF STATES MFRS 43
Gulf States Manufacturers , Inc. and International
Brotherhood of Boilermakers , Iron Shipbuilders,
Blacksmiths , Forgers and Helpers, Local 692.
Case 26-CA-8382
11 December 1987
SECOND SUPPLEMENTAL DECISION
AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
CRACRAFT AND JOHANSEN
On 13 May 1982 the National Labor Relations
Board issued a Decision and Order in this case.'
The Fifth Circuit affirmed the Board 's unfair labor
practice findings , but remanded the case to the
Board for further consideration of its backpay
remedy.2 The Board accepted the remand and
issued a Supplemental Decision and Order on 31
July 1984 deleting the backpay requirements of its
original order.3
On 20 August 1984 the Respondent filed a
motion to stay and/or alter the Board 's Supplemen-
tal Decision and Order pending issuance, of a
Board decision in Case 26-CA-9485 . On 12 De-
cember 1984 the Board granted the Respondent's
motion to stay.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel. -
Case 26-CA-9485 (287 NLRB 26), issued today,
holds, inter alia, that the Respondent ' s withdrawal
of recognition from the Union on 13 November
1981 was lawful . Although the Respondent is re-
quired to remedy its unfair labor practices in the
instant case, we conclude that bargaining language
is inappropriate because the Union is not currently
an incumbent representative of the Respondent's
employees. We shall modify our prior Orders ac-
cordingly.
ORDER
The National Labor Relations Board modifies
the prior Orders in this proceeding as set forth
below and orders that the Respondent, Gulf States
Manufacturers, Inc., Starkville, Mississippi, its offi-
cers, agents, successors, and assigns, shall
1. Cease-and desist from
(a) Denying to any employee, on request, if em-
ployees are represented by a bargaining agent, the
presence and assistance of his or her union repre-
sentative at an interview which the employee rea-
sonably believes may result in disciplinary action.
1 261 NLRB 852
z Gulf States Mfrs v NLRB, 704 F 2d 1390 (1983), rehearing denied
715 F 2d 1020 (1983)
3 271 NLRB 772
(b) Laying off any bargaining unit employees or
making or affecting any change in conditions of
employment of the employees in the collective-bar-
gaining unit who are represented by a bargaining
agent without first giving adequate timely notice to
the employees ' collective -bargaining representative
and affording such representative an opportunity to
engage in collective bargaining.
(c) In any like or related manner interfering
with , restraining , or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary ' to effectuate the policies of the Act.
(a) Post at its facility in Starkville , Mississippi,
copies of the attached notice marked "Appendix."4
Copies of the notice , on forms provided by the Re-
gional Director for Region 26, after being signed
by the Respondent ' s authorized representative,
shall be posted by the Respondent immediately on
receipt and maintained for 60 consecutive days in
conspicuous places including all places where no-
tices to employees are customarily posted . Reason-
able steps shall be taken by the Respondent to
ensure that the notices are not altered , defaced, or
covered by any other material.
(b) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
MEMBER JOHANSEN, dissenting.
For the reasons stated in my partial dissent in
Gulf States Mfrs, 287 NLRB 26, issued today, I
find that the Respondent ' s withdrawal of recogni-
tion from the Union on 13 November 1981 violated
Section 8(a)(5) of the Act. Accordingly, I find it
unnecessary to modify the Board's previous
Orders.
4 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading "Posted by Order of the Nation-
al Labor Relations Board" shall read "Posted Pursuant to a Judgment of
the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board "
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT deny to any employee, on request,
if employees are represented by a bargaining agent,
287 NLRB No. 5
44 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
the presence and assistance of his or her union rep- WE WILL NOT in any like or related manner
resentative at an interview that the employee rea- interfere with, restrain, or coerce employees in the
sonably believes may result in disciplinary action. exercise of the rights guaranteed them by Section 7
WE WILL NOT, without adequate timely notice to of the Act.
and consultation with a union that represents our
employees, lay off bargaining unit employees. GULF STATES MANUFACTURERS, INC.