East Bay Chevrolet Co., d/b/a Time Chevrolet

TIME CHEVROLET East Bay Chevrolet Co., d/b/a Time Chevrolet and East Bay Automotive Council. Cases 32-CA- 347 and 32-CA-651 June 30, 1982 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN VAN DE WATER AND MEMBERS FANNING AND JENKINS On May 30, 1979, the National Labor Relations Board issued a Decision and Order in the above- entitled proceeding,' finding that the Respondent had violated Section 8(a)(5) and (1) of the Act by refusing to continue bargaining with the East Bay Automotive Council on a single-employer basis for a combined unit of shop and sales employees. As part of the affirmative remedy, the Board ordered the Respondent to recognize and bargain with the Council in the combined unit and, if agreement was reached, to make it retroactive to an earlier date when the Respondent had entered into a contract limited to shop employees. Thereafter, the United States Court of Appeals for the Ninth Circuit refused to enforce the Board's Order requiring any agreement reached to be effective from a particular date, on the view that it compelled the parties to agree to a substan- tive term of the contract.2 The court remanded the case to the Board for reconsideration of a remedial order in light of the court's opinion. The Board has accepted the remand. 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 au- thority in this proceeding to a three-member panel. Having accepted the remand, the Board recog- nizes the court's findings as the law of this case and amends its bargaining order, consistent with the court opinion, to delete that portion requiring any agreement resulting from the bargaining to be ef- fective from a particular date. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board modifies its original Order, reported at 242 NLRB 625, as set out below: 1. Substitute the following for paragraph 2(a): "(a) Immediately recognize and bargain collec- tively in good faith with the East Bay Automotive i 242 NLRB 625. E· ast Bay Chevrolet d/b/a Time Chevrolet v. N.LR.B., 659 F.2d 1006 (1981). Council and its affiliate local unions as the exclu- sive representative of the employees in the appro- priate bargaining unit herein and, if an understand- ing is reached, embody such agreement in a written signed contract." 2. Delete paragraph 2(b) and reletter the subse- quent paragraphs. 3. Substitute the attached notice for the notice attached to the original Decision and Order. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a hearing at which all sides had an opportu- nity to present evidence and state their positions, the National Labor Relations Board found that we have violated the National Labor Relations Act, as amended, and has ordered us to post this notice. The Act gives employees the following rights: To engage in self-organization To form, join, or assist any union To bargain collectively through repre- sentatives of their own choice To engage in activities together for the purpose of collective bargaining or other mutual aid or protection To refrain from the exercise of any or all such activities. WE WILL NOT withdraw recognition of the East Bay Automotive Council and its four af- filiate local unions as the exclusive collective- bargaining agent of our employees in the pre- viously recognized unit. WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL immediately recognize and bar- gain in good faith with the East Bay Auto- motive Council and its affiliate local unions as the exclusive collective-bargaining representa- tive of all our employees in the appropriate unit and, if an understanding is reached, embody such agreement in a written, signed agreement. EAST BAY CHEVROLET Co., D/B/A TIME CHEVROLET 262 NLRB No. 85 697