Don Davis Pontiac, Inc.

I)ECISIONS O' NA'TIONAI. LABOR REIAl(IONS BOARD International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Amalgamated Local No. 55 and I)on Davis Pontiac, Inc. Case 3 ('CP 258 July 12, 1979 SUPPLEMENTAL DECISION AND ORDER By CHAIRMAN FANNIN( ANt) MEMBERS JIFNKINS AND PENELI..O On November 30, 1977, the Board issued a Deci- sion and Order' in the above-entitled proceeding, dis- missing a complaint alleging that Respondent, Inter- national Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Amalgamated Local No. 55, had violated Section 8(b)(7)(A) of the National Labor Relations Act, as amended, by picketing the Tonawanda facility of the Charging Party, Don Davis Pontiac, Inc., with an ob- ject of forcing or requiring the Charging Party to rec- ognize and bargain with Respondent when the Charging Party was lawfully recognizing and bar- gaining with Auto Mechanics Lodge 1053, Interna- tional Association of Machinists, AFL CIO, herein called IAM. Thereafter, the Charging Party filed a petition for review and the Board filed a cross-appli- cation for enforcement with the United States Court of Appeals for the Second Circuit. On March 9, 1979, the court issued its decision,2 denying enforcement of the Board's Order and find- ing that Respondent violated Section 8(b)(7)(A) of the Act. The court stated that the primary objective of Respondent's picketing at the Tonawanda facility after June 21, 1976, was recognitional and proscribed by Section 8(b)(7)(A) since the Charging Party had lawfully assumed the collective-bargaining agreement with IAM. Accordingly, the court remanded the case to the Board with instructions to enter an order con- sistent with the court's opinion. On May 29, 1979, the Board, through its Associate Executive Secretary, notified the parties that the Board had decided to accept the court's remand. 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 decision of the Court of Appeals for the Second Circuit and adopts, as the law of the case, the court's finding that Respondent's picketing was for a recognitional purpose. Therefore we conclude that the 8(b)(7)(A) allegation, as de- '233 NLRB 853. ' 594 F.2d 327. scribed in the complaint, must be, and is, sustained. Accordingly, we issue the following: ORDER Pursuant to Section 10(c) of the National abor Relations Act, as amended, the National Labor Rela- tions Board hereby orders that the Respondent. Inter- national Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Amalgamated Local No. 55, Buffalo, New York. its officers, agents, and representatives, shall: i. Cease and desist from picketing, or causing to be picketed, Don Davis Pontiac, Inc., where an object thereof is forcing or requiring Don Davis Pontiac, Inc., to recognize or bargain with Respondent as the representative of its employees where Don Davis Pontiac, Inc., has lawfully recognized, in accordance with the Act, Auto Mechanics Lodge 1053, Interna- tional Association of Machinists, AFL-CIO. and a question concerning representation may not appro- priately be raised under Section 9(c) of the Act. 2. Take the following affirmative action which is necessary to effectuate the policies of the Act: (a) Post in conspicuous places at its business offices and meeting halls copies of the attached notice marked "Appendix." Copies of said notice, on forms provided by the Regional Director for Region 3, after being duly signed by an official representative of Re- spondent, shall be posted by it immediately upon re- ceipt thereof, and be maintained by it for 60 consecu- tive days thereafter, in conspicuous places, including all places where notices to members are customarily posted. Reasonable steps shall be taken by Respon- dent to insure that said notices are not altered, de- faced, or covered by any other material. (b) Upon request of the said Regional Director, Respondent shall supply him with a sufficient number of signed copies of said notice for posting by Don Davis Pontiac, Inc., if it desires to do so, at its place of business. (c) Notify the Regional Director for Region 3, in writing, within 20 days from the date of this Order, what steps the Respondent has taken to comply here- with. APPENDIX NOli(E To EMPLOYEES AND MEMBERS POSTED PURSUANI TO A JUDGMENT OF THE UNITED STATES COURI O()F APPEALS ENFORCING AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WIl, NOT picket, or cause to be picketed, Don Davis Pontiac, Inc., where an object thereof 243 NLRB No. 58 414 UNITED AIITOMOBILE W()RKERS I.OC(AI. NO. 55 is forcing or requiring Don Davis Pontiac. Inc., to recognize or bargain with the undersigned la- bor organization as the representative of its em- ployees where Don Davis Pontiac, Inc., has law- fully recognized Auto Mechanics Lodge 1053, International Association of Machinists, AFL CIO. and a question concerning representation may not appropriately be raised under Section 9(c) of the National Labor Relations Act. as amended. IN IIRNATTIONAI UNION, UNI E) A O10-() Ril ., AROSPA(E AN) A(;RIUI U1RAI IM- PI'IMIN1 WORKERS 0o AMIRICA ( AW) AMALGAMATED 1.0('AI No. 55 415