Joseph T. Ryerson & Son, Inc.

328 NLRB No. 168 1 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Joseph T. Ryerson and Son, Inc. and Machinery, Scrap Iron, Metal and Steel Chauffeurs, Ware- housemen, Handlers, Helpers, Alloy Fabrica- tors, Theatrical Exposition, Convention, and Trade Show Employees, Chicago and Vicinity, Local 714, Affiliated with International Broth- erhood of Teamsters, AFL–CIO and United Steelworkers of America, AFL–CIO. Case 13– CA–37506 August 6, 1999 DECISION AND ORDER BY MEMBERS FOX, LIEBMAN, AND HURTGEN Pursuant to a charge filed on January 6, 1999, the General Counsel of the National Labor Relations Board issued a complaint, amended complaint, and second amended complaint on January 26, February 2, and May 20, 1999, respectively, alleging that the Respondent has violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing the Unions’ request to bargain following the Unions’ certification in Cases 13–RC– 19643 and 13–RC–19652.1 (Official notice is taken of the “record” in the representation proceeding as defined in the Board’s Rules and Regulations, Secs. 102.68 and 102.69(g); Frontier Hotel, 265 NLRB 343 (1982).) The e fenses, admitting in part and denying in part the alleg - On July 1, 1999, the General Counsel filed a Motion issued an order transferring the proceeding to the Board be granted. The Respondent filed a response. authority in this proceeding to a three-member panel. In its answers, the Respondent admits its refusal to basis of its objections to conduct alleged to have affected d ing, on the basis of the Board’s certification of the joint e spondent’s answers also admit that its purpose in refu - Board in Cases 13–RC–19643 and 13–RC–19652. were or could have been litigated in the prior represent - d 1 The Respondent subsequently filed a motion to reopen the record in Cases 13–RC–19643 and 13–RC–19652. By unpublished Order dated May 18, 1999, the Board denied the Respondent’s motion. duce at a hearing any newly discovered and previously unavailable evidence, nor does it allege any special cir- cumstances that would require the Board to reexamine the decision made in the representation proceeding.2 We therefore find that the Respondent has not raised any representation issue that is properly litigable in this un- fair labor practice proceeding. See Pittsburgh Plate Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord- ingly, we grant the Motion for Summary Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent, a corporation, with an office and place of business in Chicago, Illinois, has been engaged in the production and distribution of steel, aluminum, and other metal products. During the past calendar year ending 1998, a repre- sentative period, the Respondent purchased and received at its Chicago, Illinois facility goods and materials val- ued in excess of $50,000 directly from points outside the State of Illinois. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act and that the Unions are labor organizations within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES A. The Certification Following the election held September 25, 1997, the Unions were certified on December 8, 1998, as the ex- clusive collective-bargaining representative of the em- ployees in the following appropriate unit: All full-time and regular part-time production and maintenance employees employed by the Employer at its North, Center, South, West and Plastics Plants pres- ently located at 16th and Rockwell, Chicago, Illinois; at its East Plant presently located at 83rd Street and Stew- art, Chicago, Illinois; Midwest Coil Processing, Ryer- son Coil Pickling, and Brite Line facilities presently lo- cated at 720 East 111th Street, Chicago, Illinois; and at its Grinding facility presently located at 900 East 103rd Street, Chicago, Illinois; excluding all summer student employees, salaried employees, office clerical employ- ees, employees represented by other labor organiza- tions, employees of independent contractors, profes- sional employees, guards and supervisors as defined in the Act. The Unions continue to be the exclusive representative under Section 9(a) of the Act. 2 The Respondent’s contention that the record should be reopened to admit newly discovered evidence was previously addressed by the Board in its May 18, 1999 Order denying the Respondent’s motion to reopen the record. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 B. Refusal to Bargain About December 11, 1998, and again on March 21, 1999, the Unions requested the Respondent to bargain, and, about December 29, 1998, and about March 30, 1999, the Respondent refused. We find that these refus- als constitute an unlawful refusal to bargain in violation of Section 8(a)(5) and (1) of the Act. CONCLUSION OF LAW By refusing on and after December 29, 1998, and March 30, 1999, to bargain with the Unions as the exclu- sive collective-bargaining representative of employees in the appropriate unit, the Respondent has engaged in un- fair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has violated Section 8(a)(5) and (1) of the Act, we shall order it to cease and desist, to bargain on request with the Unions, and, if an understanding is reached, to embody the understanding in a signed agreement. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by the law, we shall construe the initial period of the cer- tification as beginning the date the Respondent begins to bargain in good faith with the Unions. Mar-Jac Poultry Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964); Burnett Construction Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965). ORDER The National Labor Relations Board orders that the Respondent, Joseph T. Ryerson and Son, Inc., Chicago, Illinois, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain with Machinery, Scrap Iron, Metal and Steel Chauffeurs, Warehousemen, Handlers, Helpers, Alloy Fabricators, Theatrical Exposition, Con- vention, and Trade Show Employees, Chicago and Vi- cinity, Local 714, affiliated with International Brother- hood of Teamsters, AFL–CIO, and United Steelworkers of America, AFL–CIO as the exclusive bargaining repre- sentative of the employees in the bargaining unit. (b) In any like or related manner interfering with, re- straining, 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) On request, bargain with the Unions as the exclu- sive representative of the employees in the following appropriate unit on terms and conditions of employment and, if an understanding is reached, embody the under- standing in a signed agreement: All full-time and regular part-time production and maintenance employees employed by the Employer at its North, Center, South, West and Plastics Plants pres- ently located at 16th and Rockwell, Chicago, Illinois; at its East Plant presently located at 83rd Street and Stew- art, Chicago, Illinois; Midwest Coil Processing, Ryer- son Coil Pickling, and Brite Line facilities presently lo- cated at 720 East 111th Street, Chicago, Illinois; and at its Grinding facility presently located at 900 East 103rd Street, Chicago, Illinois; excluding all summer students employees, salaried employees, office clerical employ- ees, employees represented by other labor organiza- tions, employees of independent contractors, profes- sional employees, guards and supervisors as defined in the Act. (b) Within 14 days after service by the Region, post at its facilities in Chicago, Illinois, copies of the attached notice marked “Appendix.”3 Copies of the notice, on forms provided by the Regional Director for Region 13, after being signed by the Respondent’s authorized repre- sentative, shall be posted by the Respondent and main- tained for 60 consecutive days in conspicuous places including all places where notices to employees are cus- tomarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Re- spondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall du- plicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since December 29, 1998. (c) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a re- sponsible official on a form provided by the Region at- testing to the steps that the Respondent has taken to comply. 3 If 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 Na- tional Labor Relations Board” shall read “Posted Pursuant to a Judg- ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” JOSEPH T. RYSERSON AND SON, INC. 3 Dated, Washington, D.C. August 6, 1999 Sarah M. Fox, Member Wilma B. Liebman, Member Peter J. Hurtgen, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we vio- lated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT refuse to bargain with Machinery, Scrap Iron, Metal and Steel Chauffeurs, Warehousemen, Han- dlers, Helpers, Alloy Fabricators, Theatrical Exposition, Convention, and Trade Show Employees, Chicago and Vicinity, Local 714, Affiliated with International Broth- erhood of Teamsters, AFL–CIO and United Steelworkers of America, AFL–CIO as the exclusive representative of the employees in the bargaining unit. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. WE WILL, on request, bargain with the Unions and put in writing and sign any agreement reached on terms and conditions of employment for our employees in the bar- gaining unit: All full-time and regular part-time production and maintenance employees employed by the us at our North, Center, South, West and Plastics Plants pres- ently located at 16th and Rockwell, Chicago, Illinois; at its East Plant presently located at 83rd Street and Stew- art, Chicago, Illinois; Midwest Coil Processing, Ryer- son Coil Pickling, and Brite Line facilities presently lo- cated at 720 East 111th Street, Chicago, Illinois; and at its Grinding facility presently located at 900 East 103rd Street, Chicago, Illinois; excluding all summer students employees, salaried employees, office clerical employ- ees, employees represented by other labor organiza- tions, employees of independent contractors, profes- sional employees, guards and supervisors as defined in the Act. JOSEPH T. RYERSON AND SON, INC.