TEMSCO N.C., INC., Debtor-In-Possession

National Labor Relations Board - Unpublished Board Decisions

Sep 25, 2019

12-CA-227471 (N.L.R.B. Sep. 25, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TEMSCO N.C., INC., Debtor-In-Possession
and Case 12-CA-227471
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
AFL-CIO
DECISION AND ORDER
Statement of the Case
On April 24, 2019, Temsco N.C., Inc. (the Respondent), International Association
of Machinists and Aerospace Workers, AFL-CIO (the Union), and the General Counsel
of the National Labor Relations Board entered into a Formal Settlement Stipulation,
subject to the Board’s approval, providing for the entry of a consent order by the Board
and a consent judgment by any appropriate United States Court of Appeals. The
parties waived all further and other proceedings before the Board to which they may be
entitled under the National Labor Relations Act and the Board’s Rules and Regulations,
and the Respondent waived its right to contest the entry of a consent judgment or to
receive further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
(a) The Respondent is a Puerto Rico corporation with an office and place of
business in Carolina, Puerto Rico, where it has been engaged in the manufacture and
sale of machinery and metal parts.
2
(b) Since about August 24, 2013, the Respondent has been a debtor-in-
possession with full authority to continue its operations and to exercise all powers
necessary to administer its business.
(c) During the 12-month period preceding the execution of the formal settlement
stipulation, in conducting its operations, the Respondent purchased and received at its
Carolina, Puerto Rico facility goods valued in excess of $50,000 directly from points
outside the Commonwealth of Puerto Rico.
(d) The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
The Union is, and has been at all material times, a labor organization within the
meaning of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that:
The Respondent, Temsco N.C., Inc., Carolina, Puerto Rico, its officers, agents,
successors, and assigns, shall:
1. Cease and desist from:
(a) Failing or refusing to bargain collectively in good faith with International
Association of Machinists and Aerospace Workers, AFL-CIO (the Union) as the
exclusive collective-bargaining representative of its employees in the below-described
appropriate bargaining unit concerning rates of pay, wages, hours of work, and other
terms and conditions of employment:
All production and maintenance employees, including drivers, employed by the
Respondent at its facility in Carolina, Puerto Rico; excluding all office and clerical
employees, guards and supervisors as defined in the Act.
(b) Threatening employees with plant closure and loss of jobs because of their
union activities.
(c) Threatening to physically harm union officials.
(d) Disparaging union officials in the presence of employees.
(e) Transferring bargaining unit work to non-bargaining unit employees;
subcontracting bargaining unit work, except as permitted under the stipulation between
3
the Respondent and the Union dated December 15, 2014; or making other changes to
the rates of pay, wages, hours of work, and other terms and conditions of employment
of the employees in the above bargaining unit without prior notice to the Union and
without affording the Union an opportunity to bargain with the Respondent with respect
to this conduct and the effects of this conduct, and without first bargaining with the
Union to a good-faith impasse on an overall collective-bargaining agreement.
(f) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of the rights guaranteed in Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Upon request, bargain collectively in good faith with the Union as the
exclusive collective-bargaining representative of the employees in the above-described
bargaining unit concerning the wages, hours of work, and other terms and conditions of
employment of the unit employees, and, if an understanding is reached, embody the
understanding in a signed collective-bargaining agreement.
(b) Within 14 days after service by the Region, post at the Respondent’s facility
in Carolina, Puerto Rico, copies of the attached notice marked “Appendix A” in both
English and Spanish. Copies of the notice, on forms provided by Region 12, after being
signed by the Respondent’s authorized representative, shall be posted by the
Respondent and maintained for 60 consecutive days in conspicuous places, including
all places where notices to its employees are customarily posted. In addition to physical
posting of paper notices, the Respondent shall distribute notices electronically, by email,
posting on an intranet or internet site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such means. The Respondent will
take reasonable steps to ensure that the notices are not altered, defaced, or covered by
any other material. In the event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the
notice to all current and former employees employed by the Respondent in the unit at
any time since June 1, 2018.
4
(c) Within 21 days after service by the Region, file with the Regional Director for
Region 12 a sworn certification of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has taken to comply.
Dated, Washington, D.C., September 25, 2019.
___________________________________
Lauren McFerran, Member
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
5
APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT fail or refuse to bargain collectively in good faith with International
Association of Machinists and Aerospace Workers, AFL-CIO (the Union) as the
exclusive collective-bargaining representative of our employees in the below-described
appropriate bargaining unit, concerning the employees’ rates of pay, wages, hours of
work, and other terms and conditions of employment:
All production and maintenance employees, including drivers, employed by us at
our facility in Carolina, Puerto Rico; excluding all office and clerical employees,
guards and supervisors as defined in the Act.
WE WILL NOT threaten you with plant closure or job loss because of your union
activities.
WE WILL NOT threaten to physically harm union officials.
WE WILL NOT disparage union officials in the presence of employees.
WE WILL NOT transfer bargaining unit work to non-bargaining unit employees;
subcontract bargaining unit work, except as permitted under the stipulation between us
and the Union dated December 15, 2014; or make other changes to the rates of pay,
wages, hours of work, and other terms and conditions of employment of our employees
in the above bargaining unit without prior notice to the Union and without affording the
Union an opportunity to bargain with us with respect to this conduct and the effects of
this conduct, and without first bargaining with the Union to a good-faith impasse on an
overall collective-bargaining agreement.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights described above.
6
WE WILL, upon request, bargain collectively in good faith with the Union as the
exclusive collective-bargaining representative of our employees in the above-described
bargaining unit concerning the wages, hours of work, and other terms and conditions of
employment of the unit employees, and, if an understanding is reached, we will embody
the understanding in a signed agreement.
TEMSCO N.C., INC.
The Board’s decision can be found at www.nlrb.gov/case/12-CA-227471 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.