The Bunker Hill Co.

BUNKER HILL COMPANY 343 The Bunker Hill Company and Local Union,. 7854, United Steelworkers of America, AFL-CIO. Case 19-CA-6071 April 29, 1974 SUPPLEMENTAL DECISION AND ORDER We have duly considered our original Order in light of the Respondent's motion, and, in the light of all of the surrounding circumstances, including the nature of the violation and the fact that neither the General Counsel nor the Union filed- any opposition thereto, find merit in the Respondent's request.2 ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS On December 28, 1973, the National Labor Relations Board issued its Decision and Order' in the above-entitled matter finding that the Respon- dent had violated Section 8(a)(5) of the National Labor Relations Act, as amended, and directing that it cease and desist from its unlawful conduct and post an appropriate Notice to Employees advising its employees that it will not engage in such unlawful conduct in the future. Included, inter alia, among the Board's findings was the fact that the Respondent unlawfully unilaterally established a wage incentive rule in one of its departments. In accord with this finding, the Respondent was ordered to post in its Notice to Employees the following: WE WILL NOT unilaterally, and without notice to or consultation with Local Union 7854, United Steelworkers of America, AFL-CIO, promulgate or institute an incentive wage plan involving our employees represented for collective-bargaining purposes by that labor organization. Thereafter, on February 19, 1974, the Respondent filed a motion stating that it and the Union had entered into a collective-bargaining agreement on November 9, 1973, containing therein certain provi- sions that now permit the Respondent in certain limited areas to establish incentive wage plans without first notifying the Union. In view of these contract provisions the Respondent now moves the Board to modify the Order and the Notice to Employees so as to indicate that the limitation with regard to Respondent's right to unilaterally establish incentive wage rates is permissible in certain limited areas under the collective-bargaining agreement now in effect. Neither the General Counsel, who was served a copy of the motion at the time of filing, nor the Charging Union which was served a copy of the motion on or about March 11, 1974, has filed any opposition to the Respondent's motion. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 210 NLRB No. 52 It is hereby ordered that the Order of December 28, 1973, be, and it hereby is, modified by: 1. Substituting the following as paragraph 1(a): "(a) Unilaterally, and without prior notice to or consultation with the Union, except as otherwise provided for in the collective-bargaining agreement entered into between the Respondent and the Union on November 9, 1973, promulgating or instituting any incentive wage rules involving its employees in the appropriate unit described herein." 2. Substituting the attached Appendix for the Board's Appendix in 208 NLRB No. 17. 1 208 NLRB No. 17. 2 We do not agree with the Respondent, however, with regard to that portion of the Order requiring, at the Union's request, formal rescission of the "Incentive Rules for Stripping." When the Respondent unilaterally promulgated this rule its conduct was in derogation of the Union's collective-bargaining status. In our opinion, the question of whether or not the promulgated rule should be formally rescinded is a matter for the Union to consider. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT unilaterally, and without notice to or consultation with Local Union 7854, United Steelworkers of America, AFL-CIO, except as otherwise provided for in the collective-bargain- ing agreement entered into between ourselves and the Union on November 9, 1973, promulgate or institute any incentive wage plan involving our employees represented for collective-bargaining purposes by that labor organization. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their right to self-organization, to form labor organizations, to join or assist Local Union 7854, United Steelworkers of America, AFL-CIO, or any other labor organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor t 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization, as authorized in Section 8(aX3) of the Act. WE wmL, upon request of Local Union 7854, United Steelworkers of America, AFL-CIO, formally rescind the "Incentive Rules for Strip- ping" dated August 23 and August 31, 1972, which we promulgated unilaterally. The appropriate bargaining unit is: All production and maintenance employees employed by the Bunker Hill Company at its operation in and around Kellogg, Idaho, excluding any craft units heretofore certified by the National Labor Relations Board (such as electricians, carpenters, bricklayers, boilermakers, and blacksmiths, plumbers, pipefitters, steam fitters and lead burners, and machinists), all supervisory, technical and clerical employees, gatemen, office clerical employees, guards and watchmen as certified by the National Labor Relations Board on August 12, 1970, Case 19-RC-5370. THE BUNKER HILL COMPANY (Employer) Dated By (Representative) (Title) This is 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, 10th Floor, Republic Building 1511 Third Avenue, Seattle, Washington 98101, Tele- phone 206-442-7472.