North Coast Counties District Council of Carpenters

448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD North Coast Counties District Council of Carpen- ters, United Brotherhood of Carpenters & Joiners of America, AFL-CIO; and Carpenters Local Un- ion No. 751, United Brotherhood of Carpenters & Joiners of America, AFL-CIO and Cotati Cabinet Shop, Inc., d/b/a/ Cotati Cabinet Manufacturing Corp. Case 20-CB-2389 September 29, 1972 SUPPLEMENTAL DECISION BY CHAIRMAN MILLER AND MEMBERS FANNING AND KENNEDY On June 23, 1972, the National Labor Relations Board issued its Decision and Order' in the above- entitled matter finding that the Respondents had vio- lated Section 8(b)(3) of the National Labor Relations Act, as amended, and directing that they cease and desist from their unlawful conduct and, upon request by the Charging Party (the above-named Company), execute a written agreement embodying the terms of the agreement found by the Board to have been reached in May or June 1970. Thereafter, on July 27, 1972, the Respondents filed a motion stating that the said Company has ceased its operations and gone out of business and requesting that therefore the Order issued herein be vacated or, alternatively, be modified because Respondents cannot give effect to the said collective-bargaining agreement or make reference to the employment rights and working conditions of em- ployees of that Company. On August 9, 1972, counsel for the General Counsel filed a response to the said motion, stating that he had been informed by the Charging Party that it had in fact discontinued its business and had no present intention of resuming its former operations. The General Counsel opposed the motion, insofar as it would vacate the Order, on the ground that the unlawful conduct should not go unremedied, but he joined in the alternative request for modification of the Order. The General Counsel indicated, further, that the Charging Party's representative had advised him orally that the Charging Party does not object to modification of the Order as urged by the General Counsel. 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. We have duly considered our original Order in light of the Respondents' motion and the General Counsel's response thereto, and find merit in the Re- spondents' alternative contention that modification in requires remedial action by the Respondents. Therefore, IT IS HEREBY ORDERED that the Order of June 23, 1972, be, and it hereby is, modified by deleting para- graphs 1 and 2(a) and (c), renumbering the present 2(b) and (d) as 2(a) and (b), substituting the following new paragraph 1, and substituting the attached notice for the earlier notice: "I. Cease and desist from failing and refusing upon request, as the exclusive bargaining representa- tive of all employees in an appropriate unit, to reduce to writing and execute any collective-bargaining agreement reached, or from engaging in any like or related conduct, in derogation of their statutory duty to bargain, should the Employer resume its manufac- turing operations and the Respondents remain or be- come the statutory bargaining representative of the Employer's employees. 197 NLRB No. 149. APPENDIX NOTICE TO MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT unlawfully fail and refuse, upon request, as the exclusive bargaining repre- sentative of all employees in an appropriate unit, to reduce to writing and execute any collective- bargaining agreement reached, or engage in any like or related conduct, in derogation of our stat- utory duty to bargain, should Cotati Cabinet Shop, Inc., d/b/a Cotati Cabinet Manufacturing Corp., resume its manufacturing operations and we remain or become the statutory bargaining representative of the Employer's employees. NORTH COAST COUNTIES DIS- TRICT COUNCIL OF CARPENTERS, UNITED BROTHERHOOD OF CAR- PENTERS & JOINERS OF AMERICA, AFL-CIO; AND CARPENTERS Lo- CAL UNION No. 751, UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, AFL-CIO (Labor Organization) of that order is warranted, because we agree with the Dated By General Counsel that the nature of the violation here- (Representative) (Title) 199 NLRB No. 59 NORTH COAST COUNTIES DISTRICT COUNCIL OF CARPENTERS 449 This is an official notice and must not be defaced Any questions concerning this notice or compli- by anyone. ance with its provisions may be directed to the This notice must remain posted for 60 consecu- Board's Office, 13018 Federal Building, Box 36047, tive days from the date of posting and must not be 450 Golden Gate Avenue, San Francisco, California altered, defaced, or covered by any other material. 94102, Telephone 415-556-3197.