Sumner Home for the Aged

SUMNER HOME FOR THE AGED 737 Sumner Home for the Aged and United Food and Commercial Workers International Union, Local No. 698, AFL-CIO,' Case 8-CA-9539 May 22, 1980 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO On November 17, 1976, the National Labor Re- lations Board issued a Decision and Order in this proceeding. 2 The Board found, inter alia, that "the parties never reached final agreement with its con- comitant obligation to reduce their agreement to writing and sign it."3 Therefore, the Board did not adopt the conclusion of the Administrative Law Judge that the Employer had violated Section 8(a)(5) of the Act by failing to reduce to writing and execute a contract agreed upon on September 18, 1975. Instead, the Board found that no violation of Section 8(a)(5) could be found "predicated solely on a failure [by the Employer] to reduce to writing and execute an agreed-upon contract."Accordingly, the Board's Order required the Employer to furnish the Union, upon request, "with a complete proposed collective-bargaining agreement pursuant to the understanding reached with the Union on September 18, 1975, and, if the Union agrees to such proposed contract, sign the contract."4 Further, the Board's Order required that if no agreement was reached, then, upon re- quest, the Employer must bargain collectively with the Union, as the exclusive bargaining representa- tive of the employees in the appropriate unit, and, if an understanding was reached, embody such un- derstanding in a signed contract. 5 Thereafter, on June 5, 1979, the United States Court of Appeals for the Sixth Circuit issued a de- cision" in which it granted enforcement of the Board's Order except for paragraph 2(a) which re- quired the Employer to "furnish the Union with a complete proposed collective-bargaining agreement pursuant to the understanding reached with the Union on September 18, 1975, and if the Union agrees to such proposed contract, sign the con- tract." The court remanded the case to the Board "for the purpose of considering a substitute remedy ' The name of the Charging Party, formerly Retail Clerks Internation- al Association, Local No. 698, AFL-CIO, is amended to reflect the change resulting from the merging of Retail Clerks International Union and Amalgamated Meatcutters and Butcher Workmen of North America on June 7, 1979 2 226 NLRB 976 ' Ibid 4Id. at 977. b Id. at 984. " N.LRB. v. Sumner Home for the Aged, 599 F 2d 762. 249 NLRB No. 109 such as an order for continuation of collective bar- gaining.... ." The Board, having accepted the remand, respect- fully recognizes the court's decision as binding for the purposes of deciding this case. 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. The Board has considered the record as a whole, including the decision of the United States Court of Appeals for the Sixth Circuit remanding this case.7 As indicated above, the remand to the Board is for the limited purpose of considering a substitute bargaining remedy for the remedy ordered in its Decision and Order. Accordingly, we shall amend the Order to require that the Respondent upon the request of the Union bargain with the Union. ORDER It is hereby ordered that the Respondent, Sumner Home for the Aged, Akron, Ohio, its offi- cers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Withdrawing recognition from or failing and refusing to bargain in good faith with United Food and Commercial Workers International Union, Local No. 698, AFL-CIO, while that Union is lawfully entitled to recognition as the bargaining representative of the following appropriate bargain- ing unit of the Respondent's employees: All housekeeping employees, maintenance em- ployees, laundry employees, kitchen employees and nurses aide employees, excluding all regis- tered nurses, licensed practical nurses, office clericals, and professional employees, guards and supervisors as defined in the Act. (b) Refusing to furnish to the said Union, upon request, the full names and home addresses of all the unit employees. (c) In any like or related manner interfering with, restraining, or coercing employees in the ex- ercise of the right to self-organization, to form labor organizations, to join or assist the above- named or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and to refrain from any or all such activities. 2. Take the following affirmative action which is necessary to effectuate the policies of the Act: 7 I he parties were invited to File statements of position None was re- ceived SUMNER HOME FOR THE AGED 737 _ ._ 738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) Upon request, bargain collectively with United Food and Commercial Workers Internation- al Union, Local No. 698, AFL-CIO, as the exclu- sive representative of the employees in the appro- priate unit and, if an understanding is reached, embody such understanding in a signed contract. (b) Upon request, furnish to the above-named labor organization the full names and home ad- dresses of all employees in the unit. (c) Post at its place of business in Akron, Ohio, copies of the attached notice marked "Appendix." 8 Copies of said notice, on forms provided by the Regional Director for Region 8, after being duly signed by the Respondent's authorized representa- tive, shall be posted by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Re- spondent to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the Regional Director for Region 8, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply herewith. 8 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursu- ant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL, so long as United Food and Com- mercial Workers International Union Local Nu. 698, AFL-CIO, is your duly authorized bargaining representative, continue to recog- nize that Union and meet and bargain with it in good faith concerning your wages and other terms and conditions of employment and embody in a signed agreement any understand- ing reached. WE WILL furnish to the aforesaid Union, upon request, a list of the full names and home addresses of all unit employees. The appropri- ate unit is: All housekeeping employees, maintenance employees, laundry employees, kitchen em- ployees and nurses aide employees, exclud- ing all registered nurses, licensed practical nurses, office clericals, and professional em- ployees, guards and supervisors as defined in the Act. WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in the exercise of their right to self-organization, to form labor organizations, to join or assist the above-named or any other labor organiza- tion, to bargain collectively through repre- sentatives of their own choosing, to engage in concerted activities for the purpose of collec- tive bargaining or other mutual aid or protec- tion, and to refrain from any and all such ac- tivities. SUMNER HOME FOR THE AGED