MCC Pacific Valves

National Labor Relations Board - Board Decisions

Nov 19, 1980

253 N.L.R.B. 414 (N.L.R.B. 1980)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
MCC Pacific Valves, a Unit of Mark Controls Cor-
poration and International Association of Ma-
chinists & Aerospace Workers, District Lodge
94, Local Lodge 1235, AFL-CIO. Cases 21-
CA-15129, 21-CA-15569, and 21-CA-16010
November 19, 1980
SUIPPL EMENTAL DECISION AND
ORDER
BY CIIAIRNMAN FANNING ANI) MEMBHIRS
JENKINS ANI) PNE.I.IO
On September 11, 1979, the National Labor Re-
lations Board issued a Decision and Order' in the
above-entitled proceeding in which it found, inter
alia, that Respondent violated Section 8(a)(3) of the
Act when it refused to reemploy recalled economic
strikers except as new employees and when it re-
fused to credit them with seniority for their prior
service, thereby threatening them, because of their
concerted activities, with the loss of rights and
privileges previously enjoyed. The Board ordered
Respondent to fully reinstate Lionel Craig, Don
Grass, Larry Perrett, Cliff Nichols, Joseph Ra-
macher, and Mildred Nichols, credit them with se-
niority for prior service by restoring them to the
place on the seniority list where they would have
been but for Respondent's unlawful conduct
against them, and make them whole for any loss of
benefits caused by such unlawful conduct.
Thereafter, Respondent filed a petition for
review of the Board's Decision and Order with the
United States Court of Appeals for the Ninth Cir-
cuit. Pursuant to authority from the Board, the
General Counsel moved the court to return the
record in this case to the Board in order to enable
it to consider amending its Order. On October 17,
1980, the court entered its Order remanding the
case to the Board.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
At the hearing, Respondent and the General
Counsel stipulated that employees Lionel Craig,
Don Grass, Larry Perrett, Cliff Nichols, Joseph
Ramacher, and Mildred Nichols were returned to
work after the strike with loss of all seniority. The
Board's original Order provided a reinstatement
and make-whole remedy for this particular viola-
tion limited to those six individuals named in the
parties' stipulation. However, further review of the
record reveals uncontradicted evidence that em-
ployees James Gilbert, George Floyd, and James
Martin were also discriminated against in the same
244 NI RH 931
253 NLRB No. 50
manner as the six individuals named above. All
three of these employees testified that they were
reinstated by Respondent more than I year after
the strike commenced and that they were reinstat-
ed as new employees, with loss of their previously
earned seniority and the concomitant loss of other
rights and privileges. Thus, it appears that Gilbert,
Floyd, and Martin should have been included in
the Board's remedial Order and our failure to do so
was an inadvertent ommission.
Accordingly, we shall amend our previous Order
to include James Gilbert, George Floyd, and James
Martin in the appropriate remedial provisions. In
all other respects we hereby reaffirm our original
Decision and Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
MCC Pacific Valves, a unit of Mark Controls Cor-
poration, Long Beach, California, its officers,
agents, successors, and assigns, shall take the action
set forth in our original Order, as amended by the
following:
1. Substitute the following for paragraph 2(c):
"(c) Fully reinstate Lionel Craig, Don Grass,
Larry Perrett, Cliff Nichols, Joseph Ramacher,
Mildred Nichols, James Gilbert, George Floyd,
and James Martin, credit them with seniority for
their prior service by restoring them to the place
on the seniority list where they would have been
but for Respondent's unlawful conduct against
them, and make them whole for any loss of bene-
fits, in the manner set forth in the section of our
original Decision and Order entitled "The
Remedy."
2. Substitute the attached notice for that con-
tained in our original Decision and Order.
APPENDIX
NOTICE To EMPI.OYtIES
POSTED BY ORDER OFT HE
NArIONAl. LABOR REI.AIONS BOARD
An Agency of the United States Government
After a hearing at which all sides had an opportu-
nity to present evidence and state their positions,
the National Labor Relations Board found that we
have violated the National Labor Relations Act, as
amended, and has ordered us to post this notice.
The Act gives employees the following rights:
To engage in self-organization
To form, join, or assist any union
414
1'(' PACIFIC VAI VS
To bargain collectively through repre-
sentatives of their own choice
To engage in activities together for the
purpose of collective bargaining or other
mutual aid or protection
To refrain from the exercise of any or all
such activities.
Wlt wIl I NOI terminate employees who
may elect to decline offers or reinstatement to
jobs that are something less than substantially
equivalent to the jobs which they held imme-
diately before engaging in a lawful strike.
WtE: w.ll. NOI require that unreinstated
striker employees voluntarily terminate their
jobs in order to obtain their fully earned vaca-
tion pay.
WE. Will. NOr decline to offer initial job va-
cancies created by the departure of strike re-
placements to qualified strikers awaiting rein-
statement in preference to strike replacements
on the payroll.
Wt Wiit.I NOlI refuse to reemploy recalled
economic strikers except as new employees
and wit Wil . NOT refuse to credit them with
seniority for their prior service.
WE WiIL. NOT modify or terminate the se-
niority rights of recalled economic strikers
without first bargaining with the Union.
W wt 1i. NOTr in any like or related manner
interfere with, restrain, or coerce our employ-
ees in the exercise of the rights guaranteed
them by the Act.
Wlu \lls reinstate employees Eric Newell.
Patrick Reilley. Richard Price, and Duane
lla5 to their rightful positions on the preferen-
tial hire list, and shall offer them reinstatement
and backpay with interest, if certain conditions
and requirements are found to exist.
Vi wit.i offer reinstatement and backpay.
with interest, to either James Gilbert or Joe
Galaz. and to other unreiinstated strikers n kho
were unlawfully denied an offer f initial job
vacancies created by the departure of strike re-
placements. because we preferred strike re-
placements then on the payroll.
W'E Witl fully reinstate employees Lionel
Craig, Don Grass, Larry Perrett, Cliff Nich-
ols, Joseph Ramacher, Mildred Nichols, James
Gilbert, George Floyd, and James Martin.
credit them with seniority for prior service by
restoring them to their rightful places on the
seniority list, and Wi- Wlli. make them whole
for any loss of benefit:; which they ma) have
suffered by reason of being denied their previ-
ously earned seniority, with interest thereon.
WE wi I bargain with the Union over any
proposed modification or termination of the se-
niority rights of recalled economic strikers.
MCC PACIFIC VA' SItS, .A UNI I 1O
MARK CONI OI CORPORATION
41