United Technologies Corp.

UNITED TECHNOLOGIES CORP 611 United Technologies Corporation and District Lodge 91, International Association of Machinists and Aerospace Workers, AFL-CIO. Case 39-CA- 2157 31 August 1987 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS JOHANSEN AND CRACRAFT On 19 May 1986 the National Labor Relations Board issued its Decision and Order in this pro- ceeding in which it dismissed the complaint.' The complaint alleged that the Respondent had violated Section 8(a)(1) of the Act by maintaining and en- forcing a sign display rule that prohibited employ- ees from engaging in protected union activity in nonwork areas on nonwork times. Thereafter, the Charging Party filed a petition for review of the Board's Decision and Order with the United States Court of Appeals for the Second Circuit.2 On 24 March 1987 the court granted the petition for review, vacated the Board's Order, and remanded the case for "entry of an appropriate cease and desist order consistent with [the court's] view that on these stipulated facts enforcement of the sign- display rule violated section 8(a)(1) of the Act."3 On 24 June 1987 the Board notified the parties that it had accepted the remand from the court of appeals and invited the parties to submit statements of position regarding the remand issues on or before 9 July 1987.4 On 9 July 1987 the General Counsel filed a statement of position. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. Having accepted the remand, the Board must ob- serve the court's opinion as the law of the case and, necessarily, its judgment that the Respondent violated Section 8(a)(1) of the Act. Accordingly, we issue the following Order. ORDER The National Labor Relations Board orders that the Respondent, United Technologies Corporation, Southington, Connecticut, its officers, agents, suc- cessors, and assigns, shall ' 279 NLRB 973 2 814 F 2d 876 (2d Cir 1987) ' Id at 882-883 ° The Board denied the Respondent's motion filed on 9 July 1987 for an extension of time within which to file a statement of position 1. Cease and desist from (a) Maintaining and enforcing a sign display rule that prohibits employees from engaging in protect- ed union activity in nonwork areas on nonwork times. (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) Post at its facility in Southington, Connecti- cut, copies of the attached notice marked "Appen- dix."5 Copies of the notice, on forms provided by the officer-in-charge for Subregion 39, after being signed by the Respondent's authorized representa- tive, shall be posted by the Respondent immediate- ly upon receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employes are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. (b) Notify the officer in charge 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 Nation- al Labor Relations Board" shall read "Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the 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 violated the National Labor Relations Act and has ordered us to post and abide by this notice. WE WILL NOT maintain and enforce a sign dis- play rule that prohibits you from engaging in pro- tected union activity in nonwork areas on nonwork times. 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. UNITED TECHNOLOGIES CORPORATION 285 NLRB No. 82