Regal Aluminum, Inc.

REGAL ALUMINUM, INC. 431 Regal Aluminum, Inc. and District Lodge 71, International Association of Machinists & Aerospace Workers, AFL-CIO. Cases 17-CA-3291 and 17-RC-5462 October 29, 1969 SUPPLEMENTAL DECISION BY MEMBERS BROWN, JENKINS, AND ZAGORIA On June 14, 1968, the National Labor Relations Board issued its Decision and Order in the above-entitled proceeding,' finding that the Respondent had engaged in and was engaging in certain unfair labor practices in violation of Section 8(a)(1) and (5) of the National Labor Relations Act, as amended, and ordering the Respondent to cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act, including bargaining with the Union The Board also set aside the representation election conducted in Case 17-RC-5462 and directed the dismissal of that case in its entirety. On June 16, 1969, the Supreme Court of the United States issued its opinion in N.L R.B. v. Gissel Packing Company, 395 U S 575, affirming generally the Board's use of authorization cards in determining a union's majority status and the Board's power to issue a bargaining order based upon such showing where the employer's unfair labor practices had a tendency to undermine the Union's majority and impede the election process. Thereafter, the United States Court of Appeals for the Eighth Circuit remanded the instant proceeding to the Board for reconsideration in the light of the Supreme Court's opinion in Gissel On August 6, 1969, the Board issued a Notice permitting the parties to file statements of position with respect to the application of Gissel to this proceeding. Subsequently, Respondent, the Charging Party, and the General Counsel filed timely statements in support of their respective positions Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its power in connection with this case to a three- member panel. 1171 NLRB No 189 We have again reviewed the entire record, including the statements of position, and, having reconsidered the matter, affirm our original finding and order in this respect for the reasons stated below In our initial Decision we found in agreement with the Trial Examiner that the Respondent violated Section 8(a)(1) by Coercively interrogating and polling employees concerning union activities and sympathies; creating the impression surveillance of union meetings and other activities; and promising and granting insurance and hospitalization plans and other benefits, including a better Christmas bonus and improved lunchroom facilities, in order to induce employees to refrain from supporting the Union. The Board also found that at the time of its original bargaining request the Union represented a majority of the Employer's employees in an appropriate unit and was entitled to recognition as their exclusive collective-bargaining representative, and that the employer, by insisting upon an election in the absence of a good-faith doubt and employing the time thus gained to dissipate the Union majority, violated Section 8(a)(5), and issued a bargaining order. In view of the standards set forth in the Supreme Court's opinion in Gissel, we find, that by refusing to bargain with the Union and by engaging in a series of unfair labor practices to undermine the Union's majority status the Respondent violated Section 8(a)(5). The coercive effects of Respondent's unfair labor practices cannot be eliminated by cease and desist remedies, and were of such a nature as to make a fair election doubtful, if not impossible. Under these circumstances, the purposes of the Act can better be effectuated by reliance on the employees' desires as expressed by signed authorization cards than on the results of a rerun election. Therefore, the bargaining order previously issued to remedy the Employer's unfair labor practices is appropriate to remedy its violations of Section 8(a)(5) and (1) of the Act, and we shall affirm it. SUPPLEMENTAL ORDER Based on the foregoing, and the entire record in this case, the National Labor Relations Board hereby affirms its Order issued in this proceeding on June 14, 1968. 179 NLRB No. 69