MCC Pacific Valves

DECISIONS OF NATIONAL LABOR RELATIONS BOARD MCC Pacific Valves, a Unit of Mark Controls Cor- poration and International Association of Ma- chinists & Aerospace Workers, District Lodge 94, Local Lodge 1235, AFL-CIO. Cases 21- CA-15129, 21-CA-15569, and 21-CA-16010 November 19, 1980 SUIPPL EMENTAL DECISION AND ORDER BY CIIAIRNMAN FANNING ANI) MEMBHIRS JENKINS ANI) PNE.I.IO On September 11, 1979, the National Labor Re- lations Board issued a Decision and Order' in the above-entitled proceeding in which it found, inter alia, that Respondent violated Section 8(a)(3) of the Act when it refused to reemploy recalled economic strikers except as new employees and when it re- fused to credit them with seniority for their prior service, thereby threatening them, because of their concerted activities, with the loss of rights and privileges previously enjoyed. The Board ordered Respondent to fully reinstate Lionel Craig, Don Grass, Larry Perrett, Cliff Nichols, Joseph Ra- macher, and Mildred Nichols, credit them with se- niority for prior service by restoring them to the place on the seniority list where they would have been but for Respondent's unlawful conduct against them, and make them whole for any loss of benefits caused by such unlawful conduct. Thereafter, Respondent filed a petition for review of the Board's Decision and Order with the United States Court of Appeals for the Ninth Cir- cuit. Pursuant to authority from the Board, the General Counsel moved the court to return the record in this case to the Board in order to enable it to consider amending its Order. On October 17, 1980, the court entered its Order remanding the case to the Board. 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. At the hearing, Respondent and the General Counsel stipulated that employees Lionel Craig, Don Grass, Larry Perrett, Cliff Nichols, Joseph Ramacher, and Mildred Nichols were returned to work after the strike with loss of all seniority. The Board's original Order provided a reinstatement and make-whole remedy for this particular viola- tion limited to those six individuals named in the parties' stipulation. However, further review of the record reveals uncontradicted evidence that em- ployees James Gilbert, George Floyd, and James Martin were also discriminated against in the same 244 NI RH 931 253 NLRB No. 50 manner as the six individuals named above. All three of these employees testified that they were reinstated by Respondent more than I year after the strike commenced and that they were reinstat- ed as new employees, with loss of their previously earned seniority and the concomitant loss of other rights and privileges. Thus, it appears that Gilbert, Floyd, and Martin should have been included in the Board's remedial Order and our failure to do so was an inadvertent ommission. Accordingly, we shall amend our previous Order to include James Gilbert, George Floyd, and James Martin in the appropriate remedial provisions. In all other respects we hereby reaffirm our original Decision and Order. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board hereby orders that the Respondent, MCC Pacific Valves, a unit of Mark Controls Cor- poration, Long Beach, California, its officers, agents, successors, and assigns, shall take the action set forth in our original Order, as amended by the following: 1. Substitute the following for paragraph 2(c): "(c) Fully reinstate Lionel Craig, Don Grass, Larry Perrett, Cliff Nichols, Joseph Ramacher, Mildred Nichols, James Gilbert, George Floyd, and James Martin, credit them with seniority for their prior service by restoring them to the place on the seniority list where they would have been but for Respondent's unlawful conduct against them, and make them whole for any loss of bene- fits, in the manner set forth in the section of our original Decision and Order entitled "The Remedy." 2. Substitute the attached notice for that con- tained in our original Decision and Order. APPENDIX NOTICE To EMPI.OYtIES POSTED BY ORDER OFT HE NArIONAl. LABOR REI.AIONS 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 414 1'(' PACIFIC VAI VS 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. Wlt wIl I NOI terminate employees who may elect to decline offers or reinstatement to jobs that are something less than substantially equivalent to the jobs which they held imme- diately before engaging in a lawful strike. WtE: w.ll. NOI require that unreinstated striker employees voluntarily terminate their jobs in order to obtain their fully earned vaca- tion pay. WE. Will. NOr decline to offer initial job va- cancies created by the departure of strike re- placements to qualified strikers awaiting rein- statement in preference to strike replacements on the payroll. Wt Wiit.I NOlI refuse to reemploy recalled economic strikers except as new employees and wit Wil . NOT refuse to credit them with seniority for their prior service. WE WiIL. NOT modify or terminate the se- niority rights of recalled economic strikers without first bargaining with the Union. W wt 1i. NOTr in any like or related manner interfere with, restrain, or coerce our employ- ees in the exercise of the rights guaranteed them by the Act. Wlu \lls reinstate employees Eric Newell. Patrick Reilley. Richard Price, and Duane lla5 to their rightful positions on the preferen- tial hire list, and shall offer them reinstatement and backpay with interest, if certain conditions and requirements are found to exist. Vi wit.i offer reinstatement and backpay. with interest, to either James Gilbert or Joe Galaz. and to other unreiinstated strikers n kho were unlawfully denied an offer f initial job vacancies created by the departure of strike re- placements. because we preferred strike re- placements then on the payroll. W'E Witl fully reinstate employees Lionel Craig, Don Grass, Larry Perrett, Cliff Nich- ols, Joseph Ramacher, Mildred Nichols, James Gilbert, George Floyd, and James Martin. credit them with seniority for prior service by restoring them to their rightful places on the seniority list, and Wi- Wlli. make them whole for any loss of benefit:; which they ma) have suffered by reason of being denied their previ- ously earned seniority, with interest thereon. WE wi I bargain with the Union over any proposed modification or termination of the se- niority rights of recalled economic strikers. MCC PACIFIC VA' SItS, .A UNI I 1O MARK CONI OI CORPORATION 41