Local 445, IUE

LOCAL 445, IUE 173 Local 445, International Union of Electrical, Radio and Machine Workers, AFL-CIO and Sperry Systems Management Division, Sperry Rand Corporation. Case 29-CB-1019 January 16, 1975 SUPPLEMENTAL DECISION AND ORDER BY ACTING CHAIRMAN FANNING AND MEMBERS JENKINS, KENNEDY, AND PENELLO On March 5, 1973, the National Labor Relations Board issued a Decision and Order in the above- entitled proceeding, finding that the Respondent Union (hereafter the Union) had not committed the alleged violations of Section 8(b)(3) of the National Labor Relations Act, as amended, and ordering that the complaint be dismissed in its entirety.' Thereaft- er, Sperry Systems Management Division, Sperry Rand Corporation (hereafter Sperry), the Charging Party herein, filed a petition for review and the Board filed a cross-application for enforcement of the Order with the United States Court of Appeals for the Second Circuit. On February 15, 1974, the court issued its decision 2 vacating the Board's Order and remanding the case for further proceedings consistent with its opinion. The court held, contrary to the decision of a majority of the Board,3 that the evidence and the applicable law established the alleged violation of Section 8(b)(3) of the Act and that the Board therefore erred in dismissing the complaint. On May 6, 1974, the Board, through its Executive Secretary, notified the parties that the Board had decided to accept the remand of the court and further advised the parties that any of them that wished to do so might now file a statement of position with respect to the issues raised by the court's remand. Thereafter, by letter dated May 9, 1974, the Respondent set out its position with respect to the issues raised by the court's remand and also advised that it intended to petition the United States Supreme Court for a writ of certiorari in this matter. Subsequently, Respondent did file with the United States Supreme Court a petition for certiorari on the decision of the Court of Appeals for the Second Circuit, supra; and, on October 15, 1974, the Supreme Court denied that petition, 419 U.S. 831. 202 NLRB 183. s 492 F.2d 63. 3 Members Kennedy and Penello dissented. 4 Subsequently the Respondent moved that the Board, in its Order, substitute for the certified unit description (set forth by the Administrative Law Judge, 202 NLRB at 187) the occupations set forth under Art. 2 of the then current and subsisting collective agreement between the parties, and the Charging Party agreed that the classifications listed be so conformed. Accordingly, par. 1(c) of our Order herein reflects the unit description thus On October 30, 1974, the Board, through its Executive Secretary, again invited the parties to now state their position with respect to the issues raised by the court's remand. Responses were then filed by the General Counsel, by the Charging Party, and by the Respondent .4 The Board has duly considered the decision of the Court of Appeals for the Second Circuit in light of the statements of position filed by the parties in this proceeding. Adopting, as the law of this case, the court's finding concerning the unlawful nature of Respondent's conduct as established by the record in this case, the Board now concludes that the alleged violations of Section 8(b)(3) of the Act, as described by the complaint, must be and they hereby are sustained.5 The Board deems it appropriate, there- fore, to issue a remedial order in the terms set out below. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that Local 445, International Union of Electrical, Radio and Ma- chine Workers, AFL-CIO, its officers, representa- tives, and agents, shall: 1. Cease and desist from: (a) Using, or attempting to use, the grievance and arbitration procedures established by its collective- bargaining agreement with Sperry Systems Manage- ment Division, Sperry Rand Corporation, covering the unit of Metropolitan New York City area employees described below, for the purpose of compelling Sperry Rand to apply the substantive terms of that agreement to unrepresented technical employees engaged by that Company at its Vallejo, California, plant. (b) In any other manner using the collective- bargaining process as established for the unit of the below-described employees as a means of protesting or otherwise determining the wages, hours, and working conditions of unrepresented employees at Sperry's Vallejo, California, facilities. (c) Attempting in any like or related manner to expand its established collective-bargaining relation- ship beyond the bounds of the unit composed of the following employees: agreed upon. 5 Contrary to Respondent's position, the Board finds nothing in the court's decision which permits the Board to entertain Respondent's request that the hearing be reopened so that Respondent may adduce further evidence in support of its defense to the alleged 8(b)(3) violation . Moreover, the motion is not granted for the additional reason that Respondent has not indicated that any evidence it now seeks to adduce was not available to it when the hearing on the complaint was held. 216 NLRB No. 30 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Design draftsmen, senior draftsmen, draftsmen, drafting typists, diagrammer operators, editorial assistants, engineering writers I and II, parts catalog writers I and II, senior industrial illustra- tors, industrial illustrators , technical illustrator specialists, senior technical illustrators , technical illustrators, engineering aides, logistic assistants, material test coordinators, material laboratory assistants I and II, senior plant layout engineers, plant layout engineers, plant layout draftsmen and development technicians, employed at Sper- ry's plants in Metropolitan New York City, including Nassau and Suffolk Counties, on temporary assignments wherever located from said plant; and/or temporary or permanent assignments from said plants to customer or vendor installations, wherever located, exclusive of all guards, watchmen, professional employees and supervisors as defined in the Act and all other employees not employed in the included classifications. 2. Take the following affirmative action which is necessary to effectuate the policies of the Act: (a) Post at its offices and meeting halls copies of the attached notice marked "Appendix." 6 Copies of said notice, on forms provided by the Regional Director for Region 29, after being duly signed by Respondent Union's official representative, shall be posted by it immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereaft- er, in conspicuous places , including all places where notices to members are customarily posted . Reasona- ble steps shall be taken by Respondent Union and its agents to insure that such notices are not altered, defaced, or covered by any other material. (b) Notify the Regional Director for Region 29, in writing, within 20 days from the date of this Order, what steps the Respondent Union has taken to comply herewith. 6 In the event that this Order is enforced by a Judgment of a United States Court of Appeals, the words in the notice reading "Posted by Order of the National Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board." APPENDIX NOTICE To MEMBERS POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT use, or attempt to use, the grievance and arbitration procedures established by our collective-bargaining agreement with Sperry Systems Management Division, Sperry Rand Corporation, covering the certified unit of Metropolitan New York City area employees described below, for the purpose of compelling Sperry Rand to apply the substantive terms of that agreement to unrepresented technical em- ployees engaged by that Company at its Vallejo, California, plant. WE WILL NOT in any other manner use the collective-bargaining process as established for the unit of the below-described employees as a means of protesting or otherwise determining the wages, hours, and working conditions of unrepre- sented employees at Sperry's Vallejo, California, facilities. WE WILL NOT attempt in any like or related manner to expand our established collective- bargaining relationship beyond the bounds of the unit composed of the following employees: Design draftsmen, senior draftsmen, draftsmen, drafting typists, diagrammer operators, editorial assistants, engineering writers I and II, parts catalog writers I and II, senior industrial illustrators , industrial illustrators, technical illustrator specialists, senior technical illustrators, technical illus- trators, engineering aides, logistic assistants, material test coordinators , material laborato- ry assistants I and II, senior plant layout engineers, plant layout engineers, plant layout draftsmen and development techni- cians, employed at Sperry's plants in Metro- politan New York City, including Nassau and Suffolk Counties, on temporary assign- ments wherever located from said plant; and/or temporary or permanent assignments from said plants to customer or' vendor installations, wherever located, exclusive of all guards, watchmen, professional employ- ees and supervisors as defined in the Act and all other employees not employed in the included classifications. LocAL 445, INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO