Pennsylvania Glass Sand Corp.

PENNSYLVANIA GLASS SAND CORP. 907 Pennsylvania Glass Sand Corp. and General Team- sters and Allied Workers Local Union No. 992, International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America. Case 5-CA-3792 August 17, 1970 SUPPLEMENTAL DECISION AND AMENDED ORDER By CHAIRMAN MILLER AND MEMBERS FANNING AND MCCULLOCH On June 27,1968, the National Labor Relations Board issued its Decision and Order in the above-entitled proceeding.' Thereafter, on April 7, 1970, the United States Court of Appeals for the District of Columbia Circuit issued its opinion- upholding the Board's findings that the Respondent had violated Section 8(a)(1) and (3) of the Na- tional Labor Relations Act, as amended, but re- manding the case to the Board to clarify that por- tion of the Board's Order which, inter alia, required the Respondent to cease and desist from granting or promising reclassifications. The court directed the Board either to withdraw the word "reclassifi- cations" or explain, if some other meaning was in- tended, its appropriateness absent a finding that the grant or promise of reclassifications was unlawful. The court further directed the Board to reconsider the remainder of its remedy "to determine if it is at- 1172 NLRB 514 2 General Teamsters and Allied Workers. Local UnIOn No 992 v. N L R B [Pennsylvania Glass Sand Corp 1. 427 F 2d 582 (C A 0 C.). 184 NLRB No. 112 tributable, in severity or content, to the apparent improper finding of reclassification." 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 powers in connection with this case to a three- member panel. We have accepted the court's remand. Pursuant thereto, we have reexamined our original Decision and Order and have determined that our Order to cease and desist from granting or promising "reclassifications" was inadvertent, in view of foot- note 27 of the Trial Examiner's Decision in this re- gard. We shall strike the word "reclassifications" from the Order. As did the court, we had found that there was ample warrant for the conclusion that the strike was converted to an unfair labor practice strike on April21 by virtue of the Respondent's unilateral and hence unlawful wage increases, and had not relied on Respondent's "reclassifications" in arriving at this conclusion. Thus, the Respon- dent's reclassification of replacement employees in no way affects the remainder of our Order. AMENDED ORDER Pursuant to Section lO(c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby amends its Order ofJune 27, 1968, as foIlows: Delete the word "reclassifications" from para- graph l(c).