Leader Communications Incorporated

National Labor Relations Board - Board Decisions

Aug 20, 2014

361 N.L.R.B. 243 (N.L.R.B. 2014)

LEADER COMMUNICATIONS, INC. 243
Leader Communications, Inc. and International As-
sociation of Machinists, AFL–CIO, Local 171.
Case 17–CA–069008
August 20, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND JOHNSON
On April 10, 2013, the Board issued a Decision and
Order in this proceeding, which is reported at 359 NLRB
730. Thereafter, the General Counsel filed an application
for enforcement and the Respondent filed a petition for
review in the United States Court of Appeals for the
Tenth Circuit.
At the time of the Decision and Order, the composition
of the Board included two persons whose appointments
to the Board had been challenged as constitutionally in-
firm. On June 26, 2014, the United States Supreme
Court issued its decision in NLRB v. Noel Canning, 134
S.Ct. 2550 (2014), holding that the challenged appoint-
ments to the Board were not valid. Thereafter, the court
of appeals vacated the Board’s Decision and Order and
remanded this case for further proceedings consistent
with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, we have considered de novo the
judge’s supplemental decision and the record in light of
the exceptions and briefs. We have also considered the
now-vacated Supplemental Decision and Order, and we
agree with the rationale set forth therein.1 Accordingly,
1 In finding that the Respondent violated Sec. 8(a)(5) and (1) of the
Act by bargaining in bad faith when it repudiated, without good cause,
the November 29, 2011 tentative agreement with the Union, we addi-
tionally note that the Board has held that “[i]f an agent for one of the
parties to collective-bargaining negotiations has only limited authority
to negotiate a contract, this limitation must be disclosed to the other
party before agreement is reached.” Adams Iron Works, Inc., 221
NLRB 71, 78 (1975), enfd. 556 F.2d 557 (2d Cir. 1976), and cases
cited therein. Here, there was no credible evidence that the Respond-
ent’s sole negotiator at the bargaining sessions, Inslee Bennett, in-
formed the Union prior to reaching the November 29 tentative agree-
ment that he would need to seek approval authority from the Respond-
ent’s CEO to bind the Respondent. Rather, the credited evidence estab-
lished that Bennett had negotiated binding contracts on the Respond-
ent’s behalf prior to his dealings with the Union and that he was one of
two individuals authorized by the Respondent to legally commit it to
any contract.
Member Johnson, like his colleagues, does not rely on the judge’s
findings that the Respondent bargained in bad faith by other conduct.
He observes that, although the Respondent throughout the negotiations
with the Union had adhered to its initial position on contract duration,
wages and nonwage benefits, the parties reached tentative agreements
on a number of non-economic issues. Further, in the Respondent’s
final offer, it acceded to the Union’s position on just cause in seniority.
we affirm the judge’s rulings, findings, and conclusions
and adopt the judge’s recommended Order to the extent
and for the reasons stated in the Supplemental Decision
and Order reported at 359 NLRB 730, which is incorpo-
rated herein by reference.2
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 vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities

WE WILL NOT fail and refuse to bargain in good faith
by repudiating, without good cause or in order to frus-
trate bargaining, tentative agreements previously reached
with the International Association of Machinists, AFL–
CIO, Local Union 171 (the Union), which is the exclu-
sive collective-bargaining representative of the employee
unit described below.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL, on request, bargain in good faith with the
Union as the exclusive collective-bargaining representa-
tive of our employees in the following appropriate unit
concerning the terms and conditions of employment and,
if an understanding is reached, embody the understand-
ing in a signed agreement:

All full-time and regular part-time computer electronics
technicians employed by the Employer [Respondent] at
It is Member Johnson’s view that all of these concessions demonstrated
the Respondent’s intent to reach an agreement. See Larsdale, Inc., 310
NLRB 1317, 1320 (1993) (employer did not engage in bad-faith bar-
gaining where it failed to make concessions with respect to wages,
health insurance, and pensions but made a number of significant con-
cessions on other issues); Garden Ridge Management, 347 NLRB 131,
131 and fn. 5 (2006) (the General Counsel failed to prove by a prepon-
derance of the evidence that the employer did not seek to obtain agree-
ment with the union).
2 We shall substitute a new notice in accordance with our decision
in Durham School Services, 360 NLRB 694 (2014).
361 NLRB No. 28

244 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Tinker Air Force Base, Oklahoma City, Oklahoma to
provide support for the three (3) E-3 Mission Crew
Simulators and one (1) Facility for Interoperability
Testing device, but EXCLUDING all other employees,
office clerical employees, professional employees,
managerial employees, guards and supervisors as de-
fined in the Act.

WE WILL reinstate the tentative agreement previously
reached on November 29, 2011, covering contract dura-
tion, wages, just cause, and nonwage benefit provisions.
LEADER COMMUNICATIONS, INC.

The Board’s decision can be found at
www.nlrb.gov/case/17–CA–069008 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1099 14th Street, N.W., Washington,
D.C. 20570, or by calling (202) 273-1940.