Laverdiere's Enterprises

590 305 NLRB No. 73 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1 The name of the Charging Party has been changed to reflect the new official name of the International Union. 2 297 NLRB 826 (1990). 3 933 F.2d 1045. Laverdiere’s Enterprises and Truck Drivers, Ware- housemen and Helpers Local #340, a/w Inter- national Brotherhood of Teamsters, AFL– CIO.1 Cases 1–CA–22854, 1–CA–22977, and 1– CA–23395 November 12, 1991 SUPPLEMENTAL DECISION AND ORDER REMANDING BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND OVIATT On February 28, 1990, the National Labor Relations Board issued a Decision and Order2 in the above-enti- tled proceeding in which the Board found that the Re- spondent had violated Section 8(a)(5) and (1) of the National Labor Relations Act by withdrawing recogni- tion from the Union and by denying the Union’s busi- ness representative access to the plant for the purpose of investigating a grievance, and violated Section 8(a)(1) by interfering with the enforcement of the union-security clause. The Board ordered that the Re- spondent cease and desist therefrom and take certain affirmative action including, inter alia, recognizing and bargaining with the Union to remedy the unfair labor practices. Thereafter, the Board applied to the United States Court of Appeals for the First Circuit for enforcement of its Order. On May 22, 1991, the court issued its de- cision in which it upheld the Board’s unfair labor prac- tice findings, but refused to enforce the Board’s bar- gaining order.3 In footnote 11 of its opinion, the court stated: ‘‘[P]resumably on remand, the Board will wish to modify its remedy by requiring an election.’’ On June 21, 1991, the court issued its judgment in which it remanded the Order to the Board ‘‘to determine the appropriate remedy for [the] unfair labor practices, given the conclusions and reasoning of the court in its opinion.’’ The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has accepted the court’s remand as the law of the case. Having duly considered the matter, in- cluding statements of position filed by the Charging Party and the Respondent, this proceeding is remanded to the Regional Director for Region 1 to arrange an election. In arranging and conducting the election, the Regional Director shall proceed pursuant to the Board’s remedial authority under Section 10(c) of the Act. Cf. Bowman Transportation, 120 NLRB 1147 (1958). Further, in accord with the court’s directive, we vacate the Board’s prior Order in this case, and substitute the revised Order set forth in full below in order to remedy the unfair labor practices in a manner consistent with the conclusions and reasoning of the court. ORDER The National Labor Relations Board orders that the Respondent, Laverdiere’s Enterprises, Winslow, Maine, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Denying any valid exclusive bargaining rep- resentative access to the plant pursuant to the terms of an expired collective-bargaining agreement without first bargaining in good faith with the Union to an agreement or to an impasse. (b) Interfering with the enforcement of a valid union-security clause. (c) Refusing to recognize and bargain with any valid exclusive bargaining representative in the following appropriate unit: All full-time and regular part-time warehouse em- ployees employed by the Employer at its Wins- low, Maine warehouse, excluding all office cler- ical employees, salespeople, pharmacy marking employees, printing employees, return room em- ployees, building maintenance employees, guards and supervisors as defined in the Act. (d) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Post at its facility in Winslow, Maine, copies of the attached notice marked ‘‘Appendix.’’ Copies of the notice, on forms provided by the Regional Director for Region 1, after being signed by the Respondent’s au- thorized representative, shall be posted by the Re- spondent immediately on receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Re- spondent to ensure that the notices are not altered, de- faced, or covered by any other material. (b) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Re- spondent has taken to comply. IT IS FURTHER ORDERED that the above-entitled pro- ceeding is remanded to the Regional Director for Re- gion 1 for an election in accordance with the court’s opinion. 591 LAVERDIERE’S ENTERPRISES APPENDIX NOTICE TO EMPLOYEES POSTED PURSUANT TO A JUDGMENT OF THE UNITED STATES COURT OF APPEALS ENFORCING IN PART AND DENYING IN PART AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD The United States Court of Appeals has found that we violated the National Labor Relations Act and has or- dered us to post and abide by this notice. Section 7 of the National Labor Relations Act gives employees these rights. To organize To form, join, or assist any union To bargain collectively through representatives of their own choice To act together for other mutual aid or protec- tion To choose not to engage in any of these pro- tected concerted activities. WE WILL NOT deny any valid exclusive bargaining representative access to the plant pursuant to the terms of an expired collective-bargaining agreement without bargaining in good faith with the Union to an agree- ment or to an impasse. WE WILL NOT interfere with the enforcement of a valid union-security clause. WE WILL NOT refuse to recognize and bargain with any valid exclusive bargaining representative in the following appropriate unit: All full-time and regular part-time warehouse em- ployees employed by us at the Winslow, Maine warehouse, excluding all office clerical employ- ees, salespeople, pharmacy marking employees, printing employees, return room employees, build- ing maintenance employees, guards and super- visors as defined in the Act. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you under Section 7 of the National Labor Relations Act. The United States Court of Appeals has also found that we do not have the duty to bargain with Truck Drivers, Warehousemen and Helpers Local #340, a/w the International Brotherhood of Teamsters, AFL–CIO unless or until an election is held in which a majority of our employees in the bargaining unit vote to select that Union as their bargaining representative. LAVERDIERE’S ENTERPRISES