Good Foods Manufacturing & Processing Corp.

GOOD FOODS MFG Good Foods Manufacturing & Processing Corpora- tion, Chicago Lamb Packers, Inc -Division and Local Union No 87, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CI- 0 Case 13-CA-9994 November 30, 1972 SUPPLEMENTAL DECISION AND AMENDED ORDER On February 16, 1972, the National Labor Rela- tions Board issued its Decision and Order in the above-entitled proceeding,' requiring Respondent, inter alga, to honor, adopt, and enforce its predeces- sor's collective-bargaming agreement with the Un- ion Subsequently, on May 15, 1972, the Supreme Court issued its decision in N L R B v Burns International Security Services, Inc 2 As a result of the Court's decision in Burns, the Board, on July 31, 1972, issued and duly served on the parties a Notice To Show Cause as to extent its Decision and Order herein should be modified in light of the Court's decision The General Counsel and the Charging Party filed responses,3 which the Board has duly considered 4 The Supreme Court held in Burns that a successor employer is not required, as a matter of law, to assume the contractual obligations of its predecessor We find that the Court's decision requires the deletion of those parts of our original Orders which would require Respondent to honor and adopt its predecessor's contract, and to make its employees whole for withholding benefits provided for in the contract We shall amend the Order accordingly 6 However, it is clear that Respondent planned to, and did, retain all of its predecessor's employees in the unit, and that those employees were represented by the Union and constituted a majority of the unit both before and after the transfer of ownership Accordingly, we reaffirm the balance of our original Order, which includes requiring Respondent to bargain with the Union and to make whole all employees for any benefits, including health, welfare, and pension payments earned by the employees and due to the Union, withheld by virtue of any unilateral changes Respondent may have instituted in the terms and conditions of employment, includ- ing those unilateral changes it made immediately upon its takeover of the enterprise 7 AMENDED ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor AND PROCESSING 623 Relations Board amends its Order of February 16, 1972, as follows 1 Delete paragraphs 1(d) and 2(d) of the Board's Order and reletter the succeeding paragraphs accord- ingly 2 Delete from paragraph 2(e) of the Board's Order the words "for a succeeding agreement " 3 Substitute the attached Appendix for that attached to our Decision and Order of February 16, 1972 1 195 NLRB No 83 2 406 U S 272 (1972) 3 Respondent did not respond to the Notice To Show Cause 4 The Charging Party s request for oral argument is denied inasmuch as the responses adequately present the positions of the parties 5 Contrary to the contentions of the Charging Party and the General Counsel we find the evidence is not sufficient to warrant a finding that Respondent as a matter of fact assumed the rights and obligations of its predecessor s collective bargaining agreement 6 The underscored words including fn 4 in the following sentence in part I of our original Decision are also deleted We shall order Respondent to honor adopt and enforce the collective bargaining agreement for the duration of its term,4 to bargain collectively with the Union upon request for a succeeding agreement and if an understanding is reached to embody such understanding in a signed agreement Further the underscored words in the following sentence in part 2 of our original Decision herein are deleted Accordingly we shall order it to make all employees whole both for all benefits which they may have lost by virtue of these unilateral changes and also for all contractual benefits unlawfully withheld from them by virtue of its failure to abide by the provisions of the collective bargaining agreement 7 N L R B v Burns International Security Services Inc 406 U S 272 294 et seq Howard Johnson Company 198 NLRB No 98 APPENDIX NOTICE TO ALL EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT coercively interrogate employees about their union membership, activities, or sympathies WE WILL NOT threaten employees with closure of our plant to discourage employee membership in, or support of, Local Union No 87, Amalga- mated Meat Cutters and Butcher Workmen of North America, AFL-CIO, or any other labor organization WE WILL NOT discharge or otherwise discrimi- nate against employees because they join, assist, or give support to Local Union No 87, Amalga- mated Meat Cutters and Butcher Workmen of North America, AFL-CIO, or any other labor organization WE WILL bargain, upon request, with Local Union No 87, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, and, if an understanding is reached, embody such understanding in a signed agreement 200 NLRB No 86 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT make unilateral changes with respect to wages, hours, and terms and conditions of employment of the employees in the bargain- ing unit without consultation with Local Union No 87, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, or any other labor organization which may represent them in the future WE WILL make the employees whole for any benefits which may have been lost by virtue of any unilateral changes we may have instituted in the terms and conditions of employment without consultation with Local Union No 87, Amalga- mated Meat Cutters and Butcher Workmen of North America, AFL-CIO WE WILL pay to the Union any amounts due for health, welfare, and pension payments earned by these employees during the period of their employment with the Respondent WE WILL offer to Nathan Brown, Anthony DiVizio, Hugh Franklin, Wardell Ollie, Quincy Totten, and Alonzo Woodson immediate and full reinstatement to their former positions or, if those positions no longer exist, to substantially equiva- lent positions, without prejudice to their seniority or other rights and privileges, and make them whole for any loss of pay they may have suffered by reason of our discrimination against them WE WILL NOT interfere with, restrain, or coerce employees in the exercise of their rights to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any and all such activities GOOD FOODS MANUFACTURING & PROCESSING CORPORATION, CHICAGO LAMB PACKERS INC -DIVISION (Employer) Dated By (Representative) (Title) We will notify immediately Alonzo Woodson, if presently serving in the Armed Forces of the United States, of the right to full reinstatement, upon application after discharge from the Armed Forces, in accordance with the Selective Service Act and the Universal Military Training and Service Act This an official notice and must not be defaced by anyone This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced, or covered by any other material Any questions concerning this notice or compli- ance with its provisions may be directed to the Board's Office, Room 881, Everett Dirksen Building, 219 South Dearborn Street, Chicago, Illinois 60604, Telephone 312-353-7572