Gulf States Manufacturers, Inc.

GULF STATES MFRS 43 Gulf States Manufacturers, Inc. and International Brotherhood of Boilermakers , Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Local 692. Case 26-CA-8382 11 December 1987 SECOND SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN DOTSON AND MEMBERS CRACRAFT AND JOHANSEN On 13 May 1982 the National Labor Relations Board issued a Decision and Order in this case.' The Fifth Circuit affirmed the Board 's unfair labor practice findings, but remanded the case to the Board for further consideration of its backpay remedy.2 The Board accepted the remand and issued a Supplemental Decision and Order on 31 July 1984 deleting the backpay requirements of its original order.3 On 20 August 1984 the Respondent filed a motion to stay and/or alter the Board's Supplemen- tal Decision and Order pending issuance, of a Board decision in Case 26-CA-9485 . On 12 De- cember 1984 the Board granted the Respondent's motion to stay. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. - Case 26-CA-9485 (287 NLRB 26), issued today, holds, inter alia, that the Respondent 's withdrawal of recognition from the Union on 13 November 1981 was lawful . Although the Respondent is re- quired to remedy its unfair labor practices in the instant case, we conclude that bargaining language is inappropriate because the Union is not currently an incumbent representative of the Respondent's employees. We shall modify our prior Orders ac- cordingly. ORDER The National Labor Relations Board modifies the prior Orders in this proceeding as set forth below and orders that the Respondent, Gulf States Manufacturers, Inc., Starkville, Mississippi, its offi- cers, agents, successors, and assigns, shall 1. Cease-and desist from (a) Denying to any employee, on request, if em- ployees are represented by a bargaining agent, the presence and assistance of his or her union repre- sentative at an interview which the employee rea- sonably believes may result in disciplinary action. 1 261 NLRB 852 z Gulf States Mfrs v NLRB, 704 F 2d 1390 (1983), rehearing denied 715 F 2d 1020 (1983) 3 271 NLRB 772 (b) Laying off any bargaining unit employees or making or affecting any change in conditions of employment of the employees in the collective-bar- gaining unit who are represented by a bargaining agent without first giving adequate timely notice to the employees' collective-bargaining representative and affording such representative an opportunity to engage in collective bargaining. (c) 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 Starkville, Mississippi, copies of the attached notice marked "Appendix."4 Copies of the notice, on forms provided by the Re- gional Director for Region 26, after being signed by the Respondent's authorized representative, shall be posted by the Respondent immediately on receipt and maintained for 60 consecutive days in conspicuous places including all places where no- tices to employees are customarily posted . Reason- able 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 Regional Director in writing within 20 days from the date of this Order what steps the Respondent has taken to comply. MEMBER JOHANSEN, dissenting. For the reasons stated in my partial dissent in Gulf States Mfrs, 287 NLRB 26, issued today, I find that the Respondent 's withdrawal of recogni- tion from the Union on 13 November 1981 violated Section 8(a)(5) of the Act. Accordingly, I find it unnecessary to modify the Board's previous Orders. 4 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 deny to any employee, on request, if employees are represented by a bargaining agent, 287 NLRB No. 5 44 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD the presence and assistance of his or her union rep- WE WILL NOT in any like or related manner resentative at an interview that the employee rea- interfere with, restrain, or coerce employees in the sonably believes may result in disciplinary action. exercise of the rights guaranteed them by Section 7 WE WILL NOT, without adequate timely notice to of the Act. and consultation with a union that represents our employees, lay off bargaining unit employees. GULF STATES MANUFACTURERS, INC.