Easy-Heat Wire Kraft

National Labor Relations Board - Board Decisions

Sep 14, 1981

257 N.L.R.B. 1235 (N.L.R.B. 1981)

EASY-HEAT WIRE KRAFT
Easy-Heat Wirekraft, Division of Bristol Products,
Inc. and International Union, United Auto-
mobile, Aerospace & Agricultural Implement
Workers of America. Case 25-CA-9248
September 14, 1981
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
On September 29, 1978, the National Labor Re-
lations Board issued a Decision and Order' in this
proceeding. The Board found that Respondent had
violated Section 8(a)(2) and (1) of the Act by inter-
fering with the Lakeville Employees Council and
by contributing financial and other support to it.
Paragraph 2(a) of the Board's Order affirmatively
required Respondent to:
(a) Withdraw and withhold recognition from the
Lakeville Employees Council as the representative
of its employees for the purpose of dealing with it
in respect to grievances, labor disputes, wages,
rates of pay, hours of employment, or other condi-
tions of employment unless and until the Lakeville
Employees Council has been duly certified by the
Board as the exclusive collective-bargaining repre-
sentative of employees in an appropriate unit or
units.
Thereafter, on September 20, 1979, the United
States Court of Appeals for the Seventh Circuit
issued an unpublished order in which it affirmed
the Board's findings and enforced the Board's
Order except for paragraph 2(a) which the court
remanded "for a determination as to whether the
language therein should be more specific so as not
to interfere with the lawful pre-violation relation-
ship of the respondent and its employees." 2
The Board, having accepted the remand, respect-
fully recognizes the court's order as binding in this
case.
As indicated above, the remand to the Board is
for the limited purpose of providing the Board
with an opportunity to clarify paragraph 2(a) of its
Order. Accordingly, we shall amend paragraph
2(a) of our affirmative Order to provide that the
previolation relationship between the Employer
and the Lakeville Employees Council which exist-
ed prior to August 24, 1977, may continue.
'238 NLRB 1695.
' The court noted that the Administrative Law Judge stated: "Re-
spondent's dealings with the Council prior to August 24, [1977] .. . are
not alleged nor argued to be violative of the Act." Unpublished order, p
4.
ORDER
It is hereby ordered that the Board's Order in
this proceeding (238 NLRB 1695) is amended as
follows:
1. Substitute the following for paragraph 2(a):
"(a) Withdraw and withhold recognition from
the Lakeville Employees Council as the representa-
tive of its employees for the purpose of dealing
with it in respect to grievances, labor disputes,
wages, rates of pay, hours of employment, or other
conditions of employment, unless and until the
Lakeville Employees Council has been duly certi-
fied by the Board as the exclusive collective-bar-
gaining representative of employees in an appropri-
ate unit or units; provided, however, that nothing
in the foregoing paragraph shall prohibit the Com-
pany and the Council from functioning as they did
prior to August 24, 1977."
2. Substitute the attached notice for that original-
ly issued by the Board.
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT unlawfully furnish financial
or other support or act in any advisory capac-
ity to the Lakeville Employees Council of our
employees.
WE WILL NOT in any other like or related
manner interfere with, restrain, or coerce our
employees in the exercise of their rights to
self-organization, to form, join, or assist any
labor organization, to bargain collectively
through representatives of their own choosing,
and to engage in other concerted activities for
the purpose of collective bargaining or other
mutual aid or protection, or to refrain from
any and all such activities.
WE WILL withdraw and withhold recogni-
tion from the Lakeville Employees Council as
the representative of any of our employees for
the purpose of dealing with us concerning
grievances, labor disputes, wages, rates of pay,
hours of employment, or other conditions of
employment, unless and until the Lakeville
Employees Council has been duly certified by
the National Labor Relations Board as the ex-
clusive bargaining representative of our em-
ployees in an appropriate unit or units; pro-
vided, however, that nothing in the foregoing
paragraph shall prohibit the Company and the
257 NLRB No. 163
1235
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Council from functioning as they did prior to
August 24, 1977.
EASY-HEAT WIREKRAFr, DIVISION
OFi BRISTOL PRODUCTS, INC.