Long Lake Lumber Co.

148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Long Lake Lumber Company and International Woodworkers of America, AFL-CIO, Local 3-10. Case 19-CA-3259 January 15,1968 SUPPLEMENTAL DECISION AND AMENDED ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS On September 29, 1966, the National Labor Relations Board issued its Decision and Order in this case,' in which the parties waived a hearing be- fore a Trial Examiner and stipulated to the record. The Board in effect found a violation of Section 8(a)(5) and (1) as alleged by the General Counsel based on the July 1965 change of workweek of one maintenance employee without prior consultation with the Union, the recognized bargaining repre- sentative of its employees. Although the Board did not agree with the Respondent's contention that it was under no obligation to bargain about the work- week of maintenance employees generally, it con- cluded that no remedial order was warranted in view of the limited impact of the change in question, past scheduling practice, and the fact that some dis- cussion of the matter occurred upon request of the bargaining representative. Thereafter the case was considered by the United States Court of Appeals for the District of Colum- bia upon the Charging Party's petition to review. On June 15, 1967, the court handed down its opinion, holding that when the Board finds that there is a violation of the Act, it must, pursuant to Section 10(c), issue a remedial cease-and-desist order and take affirmative action to effectuate the policies of the Act, and this despite the fact that the violation shown may be de minimis. The court re- jected the Respondent's contention that the question of remedy was academic, the Board being without jurisdiction to adjudicate an 8(a)(5) viola- tion because the question, as viewed by the Respondent, was solely one of contract interpreta- tion. The- court remanded the case to the Board for further proceedings consistent with its opinion. The Board did not seek certiorari, and the Respondent has not done so. 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 powers in connection with this case to a three- member panel. In conformity with the court's opinion, which is now the law of the case, we find as follows: 1160 NLRB 1475. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent, set forth in section III of our original decision, occuring in connection with the operations described in section I thereof, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of com- merce. THE REMEDY Having found that Respondent has engaged in unfair labor practices, we shall order it to cease and desist therefrom and take affirmative action designed to effectuate the policies of the Act. We shall order Respondent to restore the mobile equip- ment maintenance employee, whose workweek was changed by the Respondent in July 1965 without consultation or bargaining with the Union, to his regularly established workweek beginning Monday and ending Friday, pending bargaining on this sub- ject by the parties. We shall, however, not require that he be "made whole," as requested by the Charging Union, by payment at the rate of time and one-half for Saturday work during the period in question inasmuch as it does not appear that work- weeks of more than 40 hours were involved. Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. Long Lake Lumber Company is an Employer engaged in commerce and business activities affect- ing commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Woodworkers of America, AFL-CIO, Local 3-10, is a labor organization within the meaning of Section 2(5) of the Act. 3. By placing a maintenance employee on a workweek of Tuesday through Saturday in July 1965 in violation of Respondent's past practices and without consulting with the Union, and by refusing, upon demand by the Union , since on or about August 18, 1965 , to bargain collectively over the workweek of maintenance employees, the Respondent has violated Section 8(a)(5) and (1) of the Act. 4. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of the Act. 169 NLRB No. 17 LONG LAKE LUMBER COMPANY 149 ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respond- ent, Long Lake Lumber Company, Spokane, Washington, its officers , agents, successors, and as- signs, shall: 1. Cease and desist from: (a) Refusing to bargain collectively with Interna- tional Woodworkers of America , AFL-CIO, Local 3-10, by unilaterally changing the workweek of its maintenance employees from the established work- week of Monday through Friday to a workweek of Tuesday through Saturday. (b) In any like or related manner interfering with, restraining, or coercing employees in the exer- cise of rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action which will effectuate the policies of the Act. (a) Upon request , bargain collectively in good faith with International Woodworkers of America, AFL-CIO, Local 3-10, as the exclusive represent- ative of all its production and maintenance em- ployees in the appropriate unit,2 with respect to the workweek of maintenance employees and related matters, and if an understanding is reached , embody such understanding in a written agreement. (b) Restore to his regularly established work- week beginning Monday and ending Friday main- tenance employee William Peck , whose workweek was changed in July 1965 without consultation or bargaining with International Woodworkers of America, AFL-CIO, Local 3-10. (c) Post at its plant in Spokane , Washington, cop- ies of the attached notice marked "Appendix." 3 Copies of said notice , on forms provided by the Re- gional Director for Region 19, after being duly signed by the Respondent's representative , shall be posted by the Respondent immediately upon receipt thereof, and be maintained by it for 60 con- secutive days thereafter, in conspicuous places, in- cluding all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material. (d) Notify the Regional Director for Region 19, in writing, within 10 days from the date of this Order, 'what steps have been taken to comply herewith. 2 The appropriate unit stipulated by the parties is. All production and maintenance employees of the Respondent at its lumber manufacturing plant and at the Spokane Pine Products Company, located in Spokane, Washington, excluding office clerical employees, guards, professional em- ployees,-and supervisors as defined in the Act. 3 In the event that this Recommended Order is adopted by the Board, the words "a Decision and Order" shall be substituted for the words "the Recommended Order of a Trial Examiner" in the notice In the further event that the Board's Order is enforced by a decree of a United States Court of Appeals, the words "a Decree of the United States Court of Ap- peals Enforcing an Order" shall be substituted for the words "a Decision and Order." APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to a Decision and Order of the National Labor Relations Board and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify you that: WE WILL NOT refuse to bargain collectively with International Woodworkers of America, AFL-CIO, Local 3-10, by unilaterally chang- ing the workweek of maintenance employees from the established workweek of Monday through Friday to a workweek of Tuesday through Saturday. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our em- ployees in the exercise of rights guaranteed in Section 7 of the Act. WE WILL restore to his regularly established workweek beginning Monday and ending Friday maintenance employee William Peck. WE WILL, upon request, bargain collectively with International Woodworkers of America, AFL-CIO, Local 3-10, as the exclusive bar- gaining representative of all production and maintenance employees in the appropriate unit, with respect to the workweek of maintenance employees and related matters. . LONG LAKE LUMBER COMPANY (Employer) Dated By (Representative) (Title) This notice must remain posted for 60 consecu- tive days from the date of posting and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, 1511 3rd Avenue, Republic Building, Seattle, Washington 98101, Telephone 583-4532, if they have any question concerning this notice or compliance with its provi- sions.