Crown Cork & Seal Co., Inc.

1476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Crown Cork & - Seal Company, Inc. and Teamsters Local Union No. 688; affiliated with Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousmen and Helpers - of America. Case 14-CA-16021 21 August 1985 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS HUNTER AND JOHANSEN On 24 February 1984 the Board issued a Deci- sion and Order' in the above-entitled proceeding, dismissing a complaint alleging that the Respond- ent violated Section 8(a)(5) and (1) of the Act by withdrawing its settlement offer after the Union had accepted it and by refusing to, sign a contract in accordance with the agreement reached with the Union. In, dismissing the complaint, the Board found that the Union had not accepted the Re- spondent's settlement offer within a reasonable time and that the offer had lapsed. Thereafter, the Union filed a petition for review with the United States Court of Appeals for the Eighth Circuit. On 6 March 1985 the court issued its decision2 granting the Union's petition for review. The court held that the Board "misapplied the law in deter- mining that the Company's offer lapsed before ac- ceptance-3 by incorrectly considering only the length of time between the offer and acceptance. The court further concluded that the Board's find- ing that the offer had lapsed was not supported by substantial evidence in the record as a whole. The court's rejection of the Board's dismissal of the complaint was based on the finding that the Re- spondent did not reasonably believe that its offer to the Union had -expired as evidenced by the Re- spondent's 13 January 1982 request to the Union to put its acceptance into writing. The court also found that even if it were to "accept the [Board's] finding that the original offer expired because it was not accepted within a reasonable time, there was still an outstanding offer which the union could accept,"4 i.e., the revived offer of 13 January 1982 above. Accordingly, the court remanded the case to the Board for further proceedings consist- ent with the court's opinion. On 11 June 1985 the Board, through its Associ- ate Executive Secretary, notified the parties that the Board had decided to accept the court's remand and that any party wishing to do so might 1 268 NLRB 1089 (1984) 2 756 F 2d 659 (8th Cir 1985) 9 Id at 662 4 Id at 663 now file a statement of position concerning the issues raised by the remand. None of the parties filed statements of position. The National Labor Relations Board has delegat- ed' its authority in this proceeding, to a three- member panel. The Board has duly considered the -decision of the Court of Appeals for. the._iEighth,Circuit. Adopting, as the law of this case, the` court's f nd- ing that the Respondent's settlement offer had not lapsed and was viable when accepted by the Union, the Board now' concludes that the allega- tion of a violation of Section 8(a)(5) and'(1) of the Act, as described in the complaint, must be, and it is, sustained. The Board - deems it appropriate,- therefore, to issue the Order set forth below. ORDER The National Labor Relations Board orders that the Respondent, Crown Cork & Seal Company, Inc., St. Louis, Missouri, its officers, agents, succes- sors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain collectively in good faith with the Union as the exclusive representative of its unit employees by withdrawing its settlement offer and refusing to sign and execute a contract in accordance with the $40,000 settlement agreement reached. - (b) In any like or related manner interfering with, restraining, or coercing employees in the ex- ercise' of -the rights guaranteed them by Section 7 of the Act.' 2. Take the following affirmative action neces- sary to effectuate the policies of the Act. (a) Sign and execute a written contract in ac- cordance with the agreement reached with the Union for the $40,000 settlement. (b) Mail a copy of the attached notice marked "Appendix"5 to the Union and to each individual unit employee who was in the Respondent's employ on 8 May 1981, but was thereafter laid off because the Respondent was closing its St. Louis facility. Copies of. the notice, on forms provided by the Regional Director for Region 14, after being signed by the Respondent's authorized representa- tive, shall be mailed by the Respondent immediate- ly upon receipt. (c) Notify the Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. 5 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 Judgment of the United States Court of Appeals Enforcing an Order of the Nation- al Labor Relations Board " 275 NLRB No. 207 CROWN CORK && SEAL CO - 1477 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 yiolated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT refuse to bargain collectively in good faith with the Union by withdrawing our set- tlement offer to the Union after it was accepted by the Union, or refuse to sign and execute a contract in accordance with the terms of our settlement offer of 8 May 1981. WE WILL NOT - in any like or related manner interfere with, restrain, or coerce you in the exer- cise of the rights guaranteed you by Section 7 of the Act. - WE WILL sign and execute a contract in accord- ance with our settlement offer to the Union on 8 May 1981. CROWN CORK & SEAL COMPANY, INC. 1 .1