Ona Corp.

National Labor Relations Board - Board Decisions

Dec 24, 1985

277 N.L.R.B. 1280 (N.L.R.B. 1985)

1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Onan , a Division of Ona Corporation and United
Automobile , Aerospace & Agricultural Imple-
ment Workers (UAW), International Union.
Cases 10-CA-18628 and 10-CA-18797
24 December 1985
ORDER GRANTING MOTION
BY CHAIRMAN DOTSON AND MEMBERS
DENNIS AND JOHANSEN
On 30 April 1984 the Board entered an Order'
in the above-entitled proceeding, finding that the
Respondent violated Section 8(a)(1) by maintaining
in its files a document which identified employee
Armstrong as a "union pusher"; and violated Sec-
tion 8(a)(5) and (1) by refusing to bargain with the
Union concerning the discharge of Emmett Smart
and the grievances of Roger Armstrong. The find-
ing of the 8(a)(5) violation was based on an earlier
Board decision ordering the Respondent to bargain
with the Union. Ona Corp., 261 NLRB 1378 (1982).
The United States Court of Appeals for the
Eleventh Circuit, inter alia, denied enforcement of
the bargaining order issued in 261 NLRB 1378 and
remanded the case to the Board for further consid-
eration.2
Pursuant to the court's remand,, the Board issued
a Notice to Show Cause on 25 April 1985. The
Union did not file an answer; instead, it filed a re-
quest to withdraw its 8(a)(5) charges. The Board
granted the request on 5 June 1985.
On 14 May 1984 the Respondent filed a Motion
to Reconsider the 8(a)(5) violation in 270 NLRB
373.
Having duly considered the matter, the Board
grants the Respondent's Motion to Reconsider and
dismisses those portions of the complaint alleging a
refusal to bargain. Accordingly,
IT IS ORDERED that the Respondent's motion is
granted and that the following modifications be
made to the Board's Decision and Order reported
in 270 NLRB 373.
1. In the Conclusions of Law, delete paragraphs
5 and 6 and renumber the remaining paragraph.
' 270 NLRB 373
a Ona Corp. v. NLRB, 729 F.2d 713 (11th Cir 1984).
2. In the Order, delete paragraphs 1(b) and 2(a)
and reletter the subsequent paragraphs.
3. Substitute the attached notice for that in 270
NLRB 373.
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.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representa-
tives of their own choice
To act together for other mutual aid or pro-
tection
To choose not to engage in any of these
protected concerted activities.
WE WILL NOT maintain documents in our files
which identify our employee as a "union pusher"
because of our employee's union activities.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL expunge from our records any refer=
ence to Roger Armstrong as a "union pusher," and
WE WILL notify the Union and Roger Armstrong
in writing of our action in that regard.
ONAN, A DIVISION OF ONA CORPO-
RATION
277 NLRB No. 146