Raymond Buick, Inc.

504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Raymond Buick, Inc. and Local 259, United Automobile Aerospace & , Agricultural Implement Workers of America and Amalgamated Local Union 355 Party to the Contract Amalgamated[ Local Union 355 and Local 259, United 'Automobile, Aerospace & Agricultural Implement Workers of America and Raymond Buick, Inc. Party to the Contract Raymond Buick, Inc. and Michael Anzalone J Cases 29-CA-731, 29-CB-259, and 29-CA-773 May 18, 1970 SUPPLEMENTAL DECISION AND AMENDED ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND BROWN On December 17, 1968, the Board issued its Decision and Order' in the above-entitled proceeding in which it found Respondent-Employer in violation of Section 8(a)(1),(2), and (3) of the Act, and Respondent-Union in violation of Section 8(b)(1)(A) and (2) of the Act. The Board, adopting the Trial Examiner's Recommended Order, ordered, inter alia , that the Company and the Union, jointly and severally, reimburse all employees for all initiation fees, dues, and other moneys unlawfully collected from them pursuant to the nullified contract and checkoff authorizations . The Company and the Union filed exceptions specifically directed to that por- tion of the Order. We have reexamined the original Decision and Order, as well as the entire record in the case, and conclude there is merit in Respondents' exceptions. The Trial Examiner found, and the record shows, that the union authorization cards signed by employees James Pharo, James Richardson, Clarence Merritt, Raymond Merritt, William Maas, and Robert Lapple were obtained without supervisory influence or coercion-and prior to the Company's unlawful recogni- tion of the Union. In light of our past decisions holding that such reimbursement be limited to those employees whose payments are shown to have been made under coercion,2 the remedy hereinbefore ordered is inappropri- ate as to the aforementioned employees. We shall amend the order accordingly. , AMENDED ORDER Pursuant to Section 10(c) of the National Labor Rela- tions Act, as amended, the National Labor Relations Board amends its Order of December 17, 1968, as fol- lows: 173 NLRB No. 199. Meyers Bros of Missouri, 151 NLRB 889, 890-891; Lunardi Central Distributing Co , 161 NLRB 1443, 1445, Mr Wicke Ltd Co , 172 NLRB No 181, in The Remedy section of that Decision , see also, Lianco Container, 173 NLRB No 219, Cen-Vi-Ro Pipe Corp , 180 NLRB No 69 1. Delete paragraph A., 2(b) of the Board's Order and substitute the following: , "(b) Reimburse the present and former employees for all initiation fees, dues, and other moneys they have been unlawfully required to pay Amalgamated Local 355 by reason of Raymond Buick's enforcement of its agreement of September 12, 1966, with Amalgamat- ed Local 355 or the checkoff authorizations executed by employees and former employees in favor of Amalga- mated Local 355, with the exception of the following employees: James Pharo, James Richardson, Clarence Merritt, Raymond Merritt, William Maas, and Robert Lapple. The reimbursement shall be made as provided in the section of the Trial Examiner's Decision entitled "The Remedy," and Raymond Buick shall be jointly and severally liable therefore with Amalgamated Local 355. " 2. Delete paragraph B., 2(a) and substitute the follow- ing: I "(a) Reimburse the present and former employees of Raymond Buick for all initiation fees, dues and other moneys unlawfully exacted from them by reason of Amalgamated Local 355's agreement with Raymond Buick, dated September 12, 1966, or of the checkoff authorizations executed by employees and former employees in favor of Amalgamated Local 355, with the exception of the following employees: James Pharo, James Richardson, Clarence Merritt, Raymond Merritt, William Maas, and Robert Lapple. The reimbursement shall be made as provided in the section of the Trial Examiner's Decision entitled "The Remedy," and Ray- mond Buick shall be jointly and severally liable therefore with Amalgamated Local 355." 3. The fifth indented paragraph of Appendix A is amended to read as follows: WE WILL reimburse our present and former employees (with the exception of the following employees: James Pharo, James Richardson, Clar- ence Merritt, Raymond Merritt, William Maas, and Robert Lapple) for all initiation fees, dues, and other moneys exacted from them under the agree- ment of September 12, 1966, with Local 355 or under any checkoff authorizations executed by them in favor off Local 355, plus interest thereon at 6 percent, being jointly and severally liable therefor with Local 355. 4. The fourth indented paragraph'of Appendix B is amended to read as follows: WE WILL reimburse the present and former employees (with the exception of the following employees: James Pharo, Jaines Richardson, Clar- ence Merritt, Raymond Merritt, William Maas, and Robert Lapple) of Raymond Buick for all initiation fees, dues, and other moneys exacted from them under the agreement of September 12, 1966, with Raymond Buick or under any checkoff authoriza- tions they have executed in our favor, plus interest thereon at 6 percent, being jointly and severally liable therefor with Raymond Buick. 182 NLRB No. 71