Industrial Steel Corp.

802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Industrial Steel Corporation and Mllhwlght & Ma- chinery Erectors Local 1827, United Brotherhood of Carpenters and Joiners of America, AFL-CIO. Case 31-CA-6179 Burnett Construction Company, 149 NLRB 1419, 1421, (1964), enfd. 350 F.2d 57 (C.A. 10, 1965). ORDER March 16, 1977 DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS FANNING AND JENKINS On October 28, 1976, Administrative Law Judge Russell L. Stevens issued the attached Decision in this proceeding. Thereafter, Respondent filed excep- tions and a supporting brief. The General Counsel filed limited exceptions and a brief. 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. The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of. the Administrative Law Judge and to adopt his recommended Order.' The General Counsel has filed exceptions request- ing that the certification year be construed as beginning on the date Respondent commences to bargain in good faith with the Union as the certified exclusive bargaining representative in the appropri- ate unit. We find merit in the General Counsel's exceptions; hence we shall change the Administrative Law Judge's "Remedy" accordingly. AMENDED REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(aX5) and (1) of the Act, we shall order that it cease and desist therefrom, and, upon request, bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit, and, if an understanding is reached, embody such understanding in a signed agreement. In order to insure that the employees in the appropriate unit will be accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of certifica- tion as beginning on the date Respondent commenc- es to bargain in good faith with the Union as the recognized bargaining representative in the appropri- ate unit. See Mar-Jac Poultry Company, Inc., 136 NLRB 785 (1962); Commerce Company d/b/a Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (C.A. 5, 1964), cert. denied 379 U.S. 817 (1964); 228 NLRB No. 100 Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommend- ed Order of the Administrative Law Judge and hereby orders that the Respondent, Industrial Steel Corporation, Las Vegas, Nevada, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order. I Chairman Murphy agrees inasmuch as the same result is reached under any view as to the correct application of the principles of N.LR.B. v. Mansion House Center Management Corp., 473 F.2d 471 (C.A. 8, 1973). DECISION STATEMENT OF THE CASE RUSSELL L. STEVENs, Administrative Law Judge: This matter was heard at Las Vegas, Nevada, on September 16, 1976.1 The complaint,2 issued June 18, is based upon a charge filed May 28 by Millwright & Machinery Erectors Local 1827, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, hereinafter referred to as Local 1827, or as the Union. The complaint alleges that Industrial Steel Corporation, hereinafter referred to as Respondent, violated Section 8(a)(5) and (1) of the National Labor Relations Act, hereinafter referred to as the Act. All parties were given full opportunity to participate, to introduce relevant evidence, to examine and cross -examine witnesses, to argue orally, and to file briefs. Briefs, which have been carefully considered, were filed on behalf of General Counsel and Respondent. Upon the entire record3 of the case, and from my observation of the witnesses and their demeanor, I make the following: FIN19mNGs OF FACT I. JURISDICTION Respondent is, and at all times material herein has been, a corporation duly organized and existing under and by virtue of the laws of the State of Nevada, with an office and principal place of business located in Las Vegas, Nevada, where it is engaged in the fabrication of structural steel. Respondent, in the course and conduct of its business I All data hereinafter are within 1976, unless stated to be otherwise. 2 As amended at hearing, to correct a minor error. 3 Respondent filed an answer herein, which interposed an affirmative defense based upon principles enumerated in N.LR.B. v. Mansion House Center Management Corp., 473 F.2d 471, (C.A. 8, 1973). Respondent also interposed four affirmative defenses based upon alleged defects in Case 31- RC-3281. General Counsel moved to strike said four affirmative defenses, and the motion was granted at hearing on the basis that said defenses relied upon matters considered and disposed of during the RC litigation . The case herein was heard upon the Mansion House defense. General Counsel's motion forjudgment on the pleadings is denied, on the ground that the decision herein reaches the controversy on its merits. INDUSTRIAL STEEL CORPORATION 803 operations, annually purchases and receives goods valued in excess of $50,000 directly from customers located within the State of Nevada, who receive such goods, in substan- tially the same form, directly from suppliers located outside the State of Nevada. Respondent, in the course and conduct of its business operations, annually derives gross revenues in excess of $500,000. I find that Respondent is, and at all times material herein has been, an employer engaged in commerce, and in operations affecting commerce, within the meaning of Section 2(2), (6), and (7) of the Act. II. THE LABOR ORGANIZATION INVOLVED Millwright & Machinery Erectors Local 1827, United Brotherhood of Carpenters and Joiners of America, AFL- CIO, is, and at all times material herein has been , a labor organization within the meaning of Section 2 (5) of the Act. III. THE ALLEGED UNFAIR LABOR PRACTICES Background The unit involved herein, admitted by Respondent to be the appropriate unit under the Act, is as follows: All production and maintenance employees employed by Respondent at its facilities located at 3665 Industrial Road, Las Vegas, Nevada 89109; but excluding all office clerical employees, guards, and supervisors as defined in the Act. On November 14, 1975, a majority of Respondent's employees in the unit described above, by secret ballot election conducted in Case 31-RC-3281, designated and selected the Union as their collective-bargaining represen- tative. Respondent filed no objection to the election, but the Union timely filed objections on November 19, 1975.4 On January 30 the Regional Director for Region 31 issued his report, recommending that all of the challenges and the Union's Objection 4 be sustained. On February 10 Respondent filed timely exceptions to the Regional Director's report. On April 7 the Board issued its decision and certified the Union as the exclusive bargaining representative of employees in the aforesaid unit. On May 4 Al Benedetti, business representative of the Union, wrote a letter to Respondent and requested that Respondent commence negotiations for an agreement. On May 11 Benedetti wrote a letter to Respondent and requested information relative to Respondent's present wage scale and benefits. By letter dated May 11 Respondent's attorney advised Benedetti "we must deny your request in view of our client's intention to seek review of the NLRB certification Respondent's Affirmative Defense Respondent elicited testimony at the hearing designed to show racial imbalance in Local 1827's membership. 4 The vote was 13 for the Union and 10 against. There were four challenged ballots, sufficient in number to affect the result of the election. 5 This summary is based upon the unchallenged and credited testimony Respondent's brief includes population and work force tables covering Nevada and certain counties , pertinent herein. Respondent bases its defense upon Mansion House, supra, and contends: The table demonstrates that the membership of Local 1827 is substantially underrepresented by blacks, Spanish-Americans and women. Not only is the racial and sexual composition of Local 1827 in gross imbal- ance by comparison with the statistics for the total population, which are generally used to determine compliance with Title VII, but the Union is underrepre- sented in comparison to the statistics for the labor force population, which itself is racially and sexually imba- lanced. The table presents a stark picture of the present imbalance in the racial and sexual composition of Local 1827. This pattern and practice of discrimination has persisted throughout Local 1827's existence. Since its inception in 1971, Local 1827 has had only one black in its membership, and has never had a woman member. There have been only three Spanish-American members. The pattern of discriminatory practices also exists throughout Local 1827's hierarchy. All four of its business agents are white males . Only,one black (Calvin Slay) and only one Spanish-American (Tom Truax) have ever been on Local 1827's Executive Board (determined by comparing Respondent's Exh. 3 with Respondent's Exh. 2). Despite the gross imbalance in the racial composi- tion of its membership, Local 1827 has no affirmative action program and has never made an effort to recruit minorities as members. Local 1827s Practice and Procedures Local 1827, first chartered in 1971, presently has 103 active members. Benedetti is Local 1827's business manag- er and financial secretary, and has held that position since December 1974. The Local has five officers and five trustees, none of whom is paid. The Local's only paid employees are Benedetti and an office secretary. There are four ways to become a member of Local 1827; (a) through the apprenticeship program (discussed below); (b) after application and examination as a journeyman; (c) after application as a past member of the International Brotherhood; (d) group acceptance of members, resulting from an organizational drive. Local 1827 operates a hiring hall, which is in quarters rented from the Carpenters' Local 1780. Benedetti is responsible for all dispatching of employees from the hiring hall, but the actual dispatching is done by the office secretary. Pursuant to their standard-form multiemployer collective-bargaining agreement, Local 1827 maintains an "A" list and a "B" list for registration of millwrights seeking work. The "A" list is comprised of qualified applicants who have been registered and available for work at least 6 months immediately preceding registration. The of Benedetti and A. D. McKenna, coordinator of the Carpenters and Joiners Apprenticeship Training Committee. 804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD "B" list covers all other qualified and registered mill- wrights. "A" list registrants are dispatched first, on a first- registered, first-out basis. Both lists are open .to nonmem- bers of Local 1827 as well as members. The agreements includes the following provisions, at pages 28, 34, and 40: Section XVII (h) Neither the employer nor the Union will discriminate against a person with regard to employ- ment or union membership because of race, religion, color, sex, age, national origin or ancestry. This provision shall apply to hiring, placement for employ- ment, training during employment , rates of pay, or other forms of compensation and benefits, selection for training including apprenticeship, layoff or termina- tion, and application for admission to union member- ship. Appendix "A" (d) The Local Union will furnish in accordance with the request of the individual Employer such qualified and competent workmen of the classifications needed from among those entered on the employment lists to the individual Employer by use of a written referral in the following order of preference on a non-discri mina- tory basis, and shall not be based on or in any way affected by union membership, by-laws, rules, regula- tions, constitutional provisions, or any other aspect or obligation of union membership policies or require- ments. All applicants for referrals to jobs shall receive equal consideration for employment without regard to sex, race, creed, color or national origin, in conformity with the requirements of the Federal and State laws. Appendix "B" (1) In the employment of millwrights for all work covered by this Agreement in the territory described, the following provisions govern: (a) The Local Union shall establish and maintain open and nondiscriminatory employment lists for the use of workmen desiring employment on work covered by this agreement. It is agreed by the Employer and the Union to fully comply with all the provisions of the Federal and State laws to the end that no person shall on the grounds of sex, race, color, national origin, or membership or non-membership in a labor union be excluded from participation in or be denied the benefits of or otherwise subjected to discrimi- nation by not having full access to the terms of this agreement. All 103 of Local 1827's members presently are available for, or are seeking work, and there now is only one job in 6 G C Exh 8. r Local 1780 has approximately 2,300 members. s The constitution of the International, incorporated in the bylaws of Local 1827, contains antidiscrimination provisions . G.C. Exh. 7. progress within 1827's jurisdiction. That job employs 14 millwrights. Local 1827 is affiliated with carpenter's locals, including Local 1780,7 in the United Brotherhood of Carpenters and Joiners of America (an International).8 The millwrights and the carpenters' locals bargain together for collective- bargaining agreements, but they maintain separate hiring halls and dispatch lists. Locals 1827 and 1780 are associated in the Carpenters and Joiners Apprenticeship Training program, conducted pursuant to Federal and state laws and regulations. A principal purpose of the program is to provide training for minority groups. The program is conducted jointly by management and labor, with each having an equal number (four) on the board of trustees. Locals 1827 and 1780 each have a representative on the board of trustees. Information relative to the apprenticeship program is disseminated each year to high schools, appropriate Federal and state agencies, and elsewhere, after the number of openings is determined for the year. Applications are prepared by the applicants, who then take a qualification test primarily devoted to mathematics and reading comprehension. If applicants pass the test they must submit references and personal background information, and attend an oral interview, conducted by a committee of four representa- tives from labor and three from management. Those who apply but who fail to pass the qualification test are offered 6 weeks' training9 and given another opportunity to take the test. After passing the test, applicants are given work in the daytime and attend school 2 nights per week for 12 weeks. They then enter the apprenticeship training pro- gram. Applicants are selected in the same manner, whether they want to become millwrights or carpenters.10 The first 2 years' work in the apprenticeship program is the same for millwrights and carpenters. At the end of 2 years trainees are given the option to continue as millwright, or as carpenter, trainees. The choice is theirs, but most trainees go into the carpentry program because millwright job opportunities are quite limited. At the present time the program has 130 carpenter and 10 millwright trainees, with 17 percent of the total being from minority groups. Of the 10 millwright trainees, 9 are white and 1 is an Oriental. Only 2 of the 10 are presently employed. In some years there are no openings in the millwright program because of the limited job opportunities available. Discussion Respondent argues that Local 1827 must be denied the remedial procedures of the Board because "the evidence establishes as an undeniable fact that the policies of Local 1827 have, intentionally or unintentionally, resulted in discrimination against blacks, Spanish-Americans and women." The "undeniable fact" alleged by Respondent is stated to consist of statistical data, absence of specific antidiscrimination language in the bylaws of Local 1827, and operation of an apprenticeship program "as a facade of compliance with Federal Law." 9 At the present time 10 people are taking this training. Eight are black, one is an Indian, and one is a white female. 10 Applicants state on their applications whether they are interested in the millwright or the carpenter program. INDUSTRIAL STEEL CORPORATION It is noted at the outset that Respondent , who has the burden of proving its affirmative defense , introduced no evidence, however slight, of an affirmative nature to show that Respondent in any manner practices discrimination. No instance was shown wherein membership has been denied to anyone. Respondent relies solely upon statistics which, it is contended, raise an inference of discrimination. The matter of reliance upon statistics alone was dis- cussed by the Board in Grants Furniture Plaza, Inc. of West Palm Beach, Fla., 213 NLRB 410 (1974). The Board there stated at 410-411: Nor do we find sufficient to warrant a hearing the evidence offered in the form of statistics purporting to show that the labor organization seeking certification here has a membership in which certain minority groups appear in numbers less than the population ratio of such minorities to the total population in the area in which this labor organization operates. No evidence was proffered here to show that the Petitioner, through a hiring hall or other means, exercises any control whatsoever over the racial, sexual or ethnic composition of those who enter the work force and, thus, those who are or may become its members. In the absence of such evidence we must assume that the employers in the area exercise the true control over the selection of the work forces, and that only after the employer selection process has been effective do employees normally either voluntarily seek member- ship in the union, in some instances, do so as required under the terms of a valid union-security agreement. Without passing, therefore, in this case, upon the appropriate weight to be given statistical data as to the racial or ethnic composition of the Union's member- ship in a setting wherein evidence is offered to show either that the Union controls or substantially influenc- es access to employment, or deliberately restricts access to its own membership rolls, we conclude that it would be improper to draw any inferences of union propensity for discrimination on the sole basis of such statistical evidence in the instant setting. We therefore conclude in agreement with the Regional Director that this statistical evidence standing alone is insufficient to warrant the holding of a hearing. Moreover, the statistics relied upon by Respondent are equivocal, at best. Population figures for the area encom- passed by Local 1827's jurisdiction show a total work force of 158,521, of which 22,099, or approximately 13.5 percent, are members of minority groups . According to Bendetti's testimony,ll at least 9 of Local 1827's total membership of 103, or approximately 8.7 percent, are members of minority groups. He was not able to obtain complete information in answer to-Respondent's subpena, and it is possible that the minority percentage is greater than 8 .7 percent. However, even if no credit is given for others, it is apparent that Respondent's claim of "a stark picture of the present imbalance . . . ." is overdrawn. Respondent did not show "a stark picture" of imbalance - it showed no more than 11 Benedetti's testimony was straightforward and candid. He exhibited extensive personal knowledge about his union in particular, and the Las Vegas area in general. He is credited. 805 the possibility of some imbalance . Thus, even if the record is considered in light most favorable to Respondent, the burden of proving a defense based upon statistics was not met. Neither the Board nor the courts have held that statistics alone, with no supporting facts, will warrant a finding of discriminatory practice . To the contrary, it is quite clear that such a fmding would not be supported. The Ninth Circuit Court of Appeals has stated:12 Of course, as is the case with all statistics , their use is conditioned by the existence of proper supportive facts and the absence of variables which would undermine the reasonableness of the inference of discrimination which is drawn. [Footnote omitted.] In this case Respondent showed no "supportive facts" or "absence of variables." 13 Again considering Respondent's case in light most favorable to it, and assuming arguendo that some racial imbalance is shown, General Counsel effectively rebutted any inference that might be drawn from Respondent's statistics. Included in that rebuttal are the following: a. The International constitution and Local 1827's past and current bargaining agreements contain strong lan- guage, quoted above, against discrimination . Respondent introduced no evidence that any such provision or agreement has been violated. b. Members, including those of minority races, have transferred into Local 1827 from other locals. Benedetti credibly testified that he knows of no instance wherein a prospective transferee was denied a transfer. Further, Benedetti credibly testified that he knows of no instance wherein any applicant has been denied membership in Local 1827 because of race or other discriminatory reason. c. Benedetti credibly testified that members of other locals, including those of minority races, have been given work permits by Local 1827, and that he knows of no refusal to give a work permit. d. One method of obtaining membership in Local 1827 is through unit organization, such as in the case herein. Benedetti credibly testified that, in such instances, minori- ties are accepted on the same basis as all others. There is no evidence that Local 1827 limited its proposed membership herein, in any manner, or that this method of obtaining membership in Local 1827 ever has excluded a minority. e. At the present time millwrights are working on only one job within the jurisdiction of Local 1827 . There are 14 millwrights employed on that job, of which 3 are of minority races: 2 American Indians and 1 Asian. f. Local 1827 never has been found guilty of racial discrimination, nor has any such charge ever been filed against it. g. In 1972 Benedetti, while president of Local 1827, appointed a Mexican-American (minority) as pro tem recording secretary of Local 1827. The present office secretary is a woman. A black member of the Local was elected by the membership as Local 1827 warden, from 1970 to 1974. 12 United States v. Ironworkers Local 86, et al., 443 F .2d 544, 544-551 (C.A. 9, 1971), cert. denied 404 U.S. 984 (1971). 13 See also Hawkins Construction Company, 210 NLRB 965 (1974). 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD h. The apprenticeship program, discussed above, was established and largely is administered for the benefit of minorities. Local 1827 is an active participant in the apprenticeship program. The Local contributes funds and personnel to the program, and offers Local 1827 member- ship to all millwright apprentices, regardless of race. The fact that relatively few applicants exercise their option to go into the millwright program clearly is because of the very limited employment opportunities available to mill- wrights. Benedetti credibly testified that Las Vegas is not an industrial city, that the demand for millwrights is li ght, and that millwrights work at their trade within Local 187's jurisdiction only about 25 percent of the time. This testimony is credible when a comparison is made between Local 1827's small membership (103) and that of the Carpenters' Local 1780 (2,300). It is quite clear from the testimony of Benedetti and McKenna,14 and it is found, that the apprenticeship program is conducted pursuant to Federal and State of California laws, and in cooperation with the city of Las Vegas, on a fair and impartial basis, free of discrimination. Study of the record thus shows that Mansion House is not a defense herein, for that case turned upon the practice of the union there involved. As the court stated, at page 474: ... we hold the remedial machinery of the [Act] cannot be available to a union which is unwilling to correct past practices of racial discrimination. Federal complicity through recognition of a discriminating union serves not only to condone the discrimination, but in effect legitimizes and perpetuates such invidious practices. Certainly such a degree of federal participa- tion in the maintenance of racially discriminatory practices violates basic constitutional tenets. The Board subsequently adopted the Mansion House rule in Bekins Moving & Storage Co. ofFlorida, Inc.,15 holding that since the Fifth Amendment "forbids the participation in, and the actual practice of, invidious discrimination by the Federal Government," the NLRB has no constitutional power to confer representation certificates upon unions which practice racial discrimination . In the instant case not only is there an absence of proof of discriminatory practice, there is substantial proof that Respondent has made, and is making, diligent effort through an apprentice- ship program to provide millwright opportunities to all who want them, without discrimination.16 Respondent unlawfully having refused to bargain with the Union, certified by the Board as the bargaining representative for the unit described above, the allegations of the complaint are proved.17 IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE Respondent's activities set forth in section III, above, occurring in connection with the operations of Respondent 14 McKenna is not affiliated in any manner with, nor is he a member of, Local 1827. is 211 NLRB 138(1974). 16 This factor is entitled to, and is given, considerable weight. Hawkins Construction Company, supra 17 In view of this finding it is not necessary to discuss or make findings relative to General Counsel's argument that Respondent's reliance upon Mansion House was offered in an untimely manner. described in section I, above, have a close, intimate, and substantial relationship to trade , traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE REMEDY Having found that Respondent has engaged in certain unfair labor practices, it will be recommended that Respondent be ordered to cease and desist therefrom, and to take certain affirmative action necessary to effectuate the policies of the Act. Upon the basis of the foregoing findings of fact, and upon the entire record in the case, I make the following: CONCLUSIONS OF LAW 1. Industrial Steel Corporation , Respondent herein, is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. Millwright & Machinery Erectors Local 1827, Unit- ed Brotherhood of Carpenters and Joiners of America, AFL-CIO, is a labor organization within the meaning of Section 2(5) of the Act. 3. The following unit is an appropriate unit within the meaning of Section 9(b) of the Act: All production and maintenance employees employed by Respondent at its facilities located at 3665 Industrial Road, Las Vegas, Nevada 89109 ; but excluding all office clerical employees, guards, and supervisors as defined in the Act. 4. The above-named labor organization is, and has been since April 7, 1976, the exclusive representative of all employees in the aforesaid appropriate unit , for the purposes of collective bargaining within the meaning of Section 9(a) of the Act. 5. Respondent has engaged in unfair labor practices in violation of Section 8(aX5) and (1) of the Act by refusing, since May 11, 1976, to bargain with the Union upon the latter's request, as the exclusive bargaining representative of the employees in the unit described in paragraph 3 above. 6. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2(6) and (7) of the Act. Upon the foregoing findings of fact, conclusions of law, and the entire record, and pursuant to Section 10(c) of the Act, I hereby issue the following recommended: ORDER 18 Respondent, Industrial Steel Corporation, Las Vegas, Nevada, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: is In the event no exceptions are filed as provided by Sec. 102.46 of the Rules and Regulations of the National Labor Relations Board , the findings, conclusions, and recommended Order herein shall, as provided in Sec. 102.48 of the Rules and Regulations, be adopted by the Board and become its findings, conclusions, and Order, and all objections thereto shall be deemed waived for all purposes. INDUSTRIAL STEEL CORPORATION (a) Refusing to bargain with Millwright & Machinery Erectors Local 1827, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, as the exclusive representative of the following appropriate bargaining unit: All production and maintenance employees employed by Respondent at its facilities located at 3665 Industrial Road, Las Vegas, Nevada 89109; but excluding all office clerical employees, guards, and supervisors as defined in the Act. (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of rights guaranteed under Section 7 of the Act. 2. Take the following affirmative action which is deemed necessary to effectuate the policies of the Act: (a) Recognize and, upon request, bargain collectively with Millwright & Machinery Erectors Local 1827, United Brotherhood of Carpenters and Joiners of America, AFL- CIO, as the exclusive representative of all employees in the appropriate unit described above, with regard to rates of pay, hours of employment, and other terms and conditions of employment and, if an understanding is reached, embody such understanding in a signed agreement. (b) Post at its Las Vegas, Nevada, facility copies of the attached notice marked "Appendix." 19 Copies of said notice, on forms provided by the Regional Director for Region 31, after being duly signed by Respondent's authorized representative, shall be posted by Respondent immediately upon receipt thereof, and shall be maintained by it for 60 consecutive days thereafter in conspicuous places, including all places where notices to employees customarily are posted. Reasonable steps shall be taken by 19 In the event that the Board's 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. 807 Respondent to insure that said notices are not altered, defaced, or covered by any other material. (c) Notify the Regional Director for Region 31, in writing, within 20 days from the date of this Order, what steps Respondent has taken to comply herewith. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain with Millwright & Machinery Erectors Local 1827, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, as the exclusive representative of the following appropriate bargaining unit: All production and maintenance employees em- ployed by us at our facilities located at 3665 Industrial Road, Las Vegas, Nevada 89109; but excluding all office clerical employees, guards, and supervisors as defined in the Act. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employees in the exercise of rights guaranteed under Section 7 of the Act. WE WILL recognize and, upon request, bargain collectively with the aforesaid Union as the exclusive representative of all employees in the appropriate unit, described above, with regard to rates of pay, hours of employment, and other terms and conditions of employment and, if an understanding is reached, embody such understanding in a signed agreement. INDUSTRIAL STEEL CORPORATION