Livingston Powered Metal, Inc.

I.IVINGSrON POWERED METAL, INC. Livingston Powdered Metal, Inc. and International Union, United Automobile, Aerospace and Agri- cultural Implement Workers of America, UAW. Case 10-CA-15795 December 5, 1980 DECISION AND ORDER BY MMIAl sRS JNKINS, PI Ntl I.O0. AND TRUISDAILIi Upon a charge filed on May 6, 1980, by Interna- tional Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, herein called the Union, and duly served on Livingston Powdered Metal, Inc., herein called Re- spondent, the General Counsel of the National Labor Relations Board, by the Acting Regional Di- rector for Region 10, issued a complaint and notice of hearing on June 13, 1980, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting com- merce within the meaning of Section 8(a)(5), (3), and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before an administrative law judge were duly served on the parties to this proceeding. When no timely answer to the complaint was filed, counsel for the General Counsel attempted unsuccessfully to contact Respondent's attorney by telephone on July 23 and 24, 1980.1 Thereafter, counsel for the General Counsel, by letter dated July 24, advised Respondent's attorney that no answer to the complaint had been filed and that the General Counsel would move for summary judg- ment if Respondent did not respond to this notifi- cation by July 30. By letter dated July 31, Re- spondent requested an extension of time until August 11 to file an answer. The Acting Regional Director granted Respond- ent's request on August 6, and advised Respondent that summary judgment would not be sought if its answer was filed no later than August 11. No answer having been filed by Respondent by August 11, counsel for the General Counsel, on August 18, filed directly with the Board a Motion To Transfer Case to and Continue Proceedings before the Board and for Summary Judgment, based on Re- spondent's failure to file an answer to the com- plaint as required by Section 102.20 of the Board's Rules and Regulations, Series 8, as amended. Thereafter, on August 25, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Coun- ' Unless olherw i rno led. .ll dater herein are i 1980() sel's Motion for Summary Judgment should not be granted. On September 10, Respondent filed its answer to the Notice To Show Cause in which Respondent's counsel asserts that Respondent, by letter dated August 8 which was placed in the mail on August 11, submitted an answer to the complaint within the extended period of time granted by the Acting Regional Director, and that this answer was re- ceived by the Acting Regional Director on August 18, after the General Counsel's Motion for Sum- mary Judgment had been forwarded to the Board. Respondent's counsel also asserts that Respondent served the Union with a copy of the answer which was placed in the mail on August 11 and received by the Union on August 13. Respondent contends that it cannot be held responsible for the lack of prompt delivery by the United States Postal Serv- ice. Moreover, in specific response to the com- plaint, Respondent denies that it committed any unfair labor practices, avers that economic condi- tions in the industry did not permit the continu- ation of its manufacturing operations at any loca- tion, and contends that these facts would be shown at a hearing in this matter. On this basis, Respond- ent submits that it has met the procedural require- ments of the Board, that the Motion for Summary Judgment should be denied, and that the case should be heard before an administrative law judge. On September 22, counsel for the General Coun- sel filed a motion to strike the answer to the com- plaint and a response to Respondent's answer to the Notice To Show Cause, contending that, by its answer to the Notice To Show Cause, Respondent admits that it did not mail its answer until August 11, and that therefore Respondent's lack of dili- gence, rather than the Postal Service, made timely service impossible. 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. Upon the entire record in this proceeding, the Board makes the following: Ruling on the Motion To Strike Respondent's Answer In its reply to the Notice To Show Cause, Re- spondent does not deny service of the charge, com- plaint, and notice of hearing, or the granting of the extension of time to file an answer. Respondent as- serts, however, that its answer was timely filed be- cause it was placed in the mail by the deadline set forth in the Acting Regional Director's August 6 letter. We find no merit in this contention. Section 253 NLRB No. 73 577 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD 102.114(b) of the Rules and Regulations of the Na- tional Labor Relations Board, Series 8, as amended, states: When the act or any of these rules require the filing of a motion, brief, exception, or any other paper in any proceeding, such document must be received by the Board or the officer or agent designated to receive such matter before the close of business of the last day of the time limit, if any, for such filing or exten- sion of time that may have been granted. As Respondent's answer was not received by the Regional Director before the close of business on August 11, we find that the answer was not timely filed. Nor could Respondent reasonably have ex- pected its answer to be filed by August I1, since it placed the answer in the mail on that date.2 Accordingly, we find that Respondent's answer is untimely, improper, and does not comply with the requirements of Section 102.20 of the Board's Rules and Regulations. We further find that Re- spondent's explanation with respect thereto does not constitute good cause within the meaning of said rule. Therefore, we grant the General Coun- sel's motion to strike the answer.3 Ruling on the Motion for Summary Judgment Section 102.20 of the Board's Rules and Regula- tions, Series 8, as amended, provides as follows: The respondent shall, within 10 days from the service of the complaint, file an answer there- to. The respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that he is without knowledge, shall be deemed to be admitted to b'e true and shall be so found by the Board, unless good cause to the contrary is shown. The complaint and notice of hearing served on Respondent specifically stated that unless an answer is filed to the complaint within 10 days 2 In Sig Wold Storage & Transfer, 2(15 NLRB 378 (1973), the Board considered the timeliness of the filing of objections in a representation case, and found that such filing was untimely where the objections were not timely received by the regional office nor could it reasonably be as- sumed that the objections would be timely delivered. Cf. Rio de Oro Urua- nium Mines. Inc., 119 NLRB 153 (1957), also a representation case wherein the filing party could reasonably have assumed that its actions would have effected timely delivery. :' Neal R. Sol Commditle, Inc. 238 NLRB 32 (1978). from the service thereof "all of the allegations in the complaint shall be deemed to be admitted to be true and may be so found by the Board." Further, according to the Motion for Summary Judgment, the Acting Regional Director for Region 10, pursu- ant to Section 102.22 of the Board's Rules and Regulations, informed Respondent that summary judgment would not be sought if Respondent filed an answer by August 11. Respondent failed to timely file a valid answer to the complaint. There- after, on August 18, a timely answer not having been filed, counsel for the General Counsel filed the instant Motion for Summary Judgment. As Respondent has not filed an answer accept- able under the Board's Rules and Regulations within 10 days from the service of the complaint, or within the extended time afforded it by the Acting Regional Director, and as no good cause for its failure to do so has been shown, in accord- ance with the rule set forth above, the allegations of the complaint herein stand undenied and are deemed to be admitted to be true, and are so found to be true. Accordingly, we grant the General Counsel's Motion for Summary Judgment. On the basis of the entire record, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF RESPONDENT Respondent Livingston Powdered Metal, Inc., is, and has been at all times material herein, a Tennes- see corporation with offices and places of business located in Livingston, Tennessee, hereinafter called the Livingston plant, and Brockway, Pennsylvania, hereinafter called the Brockway plant, where it is engaged in the manufacturing of powdered metal products. During the past 12 months, which period is representative of its operations at all times mate- rial herein, Respondent has sold and shipped from the Livingston plant goods valued in excess of $50,000 directly to customers located outside the State of Tennessee. We find, based on the foregoing, that Respond- ent is, and has been at all times material herein, an employer engaged in commerce within the mean- ing of Section 2(6) and (7) of the Act, and that it will effectuate the policies of the Act to assert ju- risdiction herein. II. THE LABOR ORGANIZATION INVOLVED International Union, United Automobile, Aero- space and Agricultural Implement Workers of America, UAW, is a labor organization within the meaning of Section 2(5) of the Act. 578 LIVINGSTON POWERED METAL.. INC III. THE UNFAIR LABOR PRACTICES A. The 8(a)(5) and (1) Violations The following employees of Respondent consti- tute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees employed by Respondent at its Livingston plant, but excluding office clerical employees, professional employees, guards and supervisors as defined in the Act. On February 5, in a secret-ballot election con- ducted under the supervision of the Regional Di- rector for Region 10, a majority of the employees in the above-described unit designated the Union as their representative for the purposes of collective bargaining with Respondent. On February 13, the Regional Director for Region 10 of the Board cer- tified the Union as the exclusive collective-bargain- ing representative of the employees in the above- described unit. On or about March 5 and March 18, and at all times thereafter, the Union requested Respondent to bargain collectively with it as the exclusive bar- gaining representative of all the employees in the appropriate unit with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. Additionally, on or about March 5, the Union requested Respondent to make available to it for its use in collective bar- gaining with Respondent certain relevant and nec- essary baragaining information, including "the clas- sifications, rates of pay, insurance benefits, any pen- sion plan that is now in effect and the seniority dates of all employees." Since on or about March 12, and continuing to date, Respondent has failed and refused, and continues to fail and refuse, to bargain collectively with the Union as the exclu- sive bargaining representative of the unit employ- ees, and to furnish and make available to the Union the requested relevant and necessary bargaining in- formation. Additionally, on or about March 25, Respondent unilaterally, without notice to or consultation with the Union, closed its Livingston plant and trans- ferred the work that had been performed by the unit employees to the Brockway plant. On or about March 18, the Union requested Respondent to bar- gain collectively with it as the exclusive repre- sentative of all the employees in the appropriate unit with respect to the effects on its employees of the close and transfer of operations from its Living- ston plant to its Brockway plant. On or about March 18, and at all times thereafter, Respondent refused, and has continued to refuse, to bargain collectively with the Union as requested. Accordingly, we find that by the aforesaid con- duct Respondent has (1) since on or about March 12 refused to bargain with the Union as the exclu- sive representative of the employees in the appro- priate unit; and (2) refused to furnish the Union with certain relevant and necessary bargaining in- formation; and (3) closed the Livingston plant, and transferred the work to the Brockway plant, with- out bargaining with the Union over the decision to close or the effects of the closing. By such actions, we conclude, Respondent has engaged in and is en- gaging in unfair labor practices within the meaning of Section 8(a)(5) and (1) of the Act. B. The 8(a)(3) and (I) Violations On or about February 1, Respondent withheld from its employees the wage increase granted them on or about February 1, because of their member- ship in, and concerted activities on behalf of, the Union, and because they engaged in concerted ac- tivities for the purposes of collective bargaining or for other mutual aid and protection. Commencing or about March 14, Respondent discharged the following named employees, and other employees whose names are not known, em- ployed at the Livingston plant, because of their membership in, and other concerted activities on behalf of, the Union, and because they engaged in concerted activities for the purposes of collective bargaining or for other mutual aid and protection: Walter Bonne Grady Maxfield David Stafford Larry K. Brown Nevins Pennycuff Phillip Walker Billy J. Sells Tommy Sells Johnny Abbott Jimmy Smith David Boswell Benny Maxfield Johnny Dishman Keith Sells Gerald Carter Ruey Honeycutt Terry Brown Willie White Alan Key Earl Ray Boles Billy Hancock David Beaty Timmy J. Dillon William Richard Jones Richard Crouch Calvin Short Dana Reed David Mayberry Ronnie Bull Herman Flowers Donna Abbott Roger Phillips Randell Swearingin Joyce Maynard R. L. Murphy Amos Bilbrey Bruce Gaw Leon Flatt Lawrence Smith Billy Dishman Freddie Key John Robbins Ewert Padgett William Winningham Carl Coffman Charles Lee Ramsey, Jr. 579 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ronnie D. Melton Estle McCowan Jerry Gilpatrick Luther Boone Cleo Carmack Donnie Phillips Lois Jackson Milton Maxfield Donald Ford Edward Hummel Ova Robbins Rita Melton A. B. Webb Thomas Norris Dwight Ferrell James Bowers Charles Conaster Mark Bilbrey Brenda Moore Phillis K. Reagan Helen Carr Ruby Speck Carlos Pardue Obsy Turner Teddy Turner Bobby Cravens Ann McCormick Haskel Cox Linda Glasscock Jimmy Brown McCoy McDonald Charlie Hummel Larry Garrett Sarah Randolph Shernie Ledbetter Harlie McCowan David Robbins Donnie Webb Mark Wilson Larry Padgett Richard Huddleston Carolyn Sue Thompson Nancy Tackett Jessie Dishman Janetta Sells At all times since on or about March 14, Respond- ent has failed and refused, and continues to fail and refuse, to reinstate the above-mentioned employees to their former positions or, if such positions no longer exist, to substantially equivalent positions. On or about March 25, Respondent, unilaterally without notice to or consultation with the Union, closed its operations at its Livingston plant and transferred said operations to its Brockway plant, because of its employees' membership in, and activ- ities on behalf of, the Union, and because they en- gaged in concerted activities with other employees for the purpose of collective bargaining and other mutual aid and protection. Accordingly, we find that, by the aforesaid con- duct, Respondent has discriminated in regard to terms and conditions of employment of its employ- ees, thereby discouraging membership in the Union, and that by such conduct Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(3) and (1) of the Act. C. The 8(a)(1) Violations At all times material herein, Robert A. Clyde oc- cupied the position of president of Respondent and has been, and is now, an agent of Respondent, acting on its behalf, and is a supervisor within the meaning of Section 2(11) of the Act. Since on or about October 1, 1979, the Union has been engaged in an organizational campaign among Respondent's employees at the Livingston plant. On or about February 1, 1980, Clyde threat- ened Respondent's employees that Respondent would close the Livingston plant if its employees joined, or engaged in activities on behalf of, the Union. Also, on or about February 1, Clyde prom- ised Respondent's employees that Respondent would remedy employee grievances concerning jobs and working conditions. Also on or about that date, Clyde granted all Respondent's employees at the Livingston plant a wage increase. Respondent, through its agent Clyde, engaged in the above-de- scribed conduct at a time when it had knowledge of the Union's organizational campaign and for the purpose of causing its employees to reject the Union as their collective-bargaining representative. We find that, by the conduct described in the above paragraph, Respondent has interfered with, restrained, and coerced employees in the exercise of the rights guaranteed them under Section 7 of the Act, and that by such conduct has engaged in, and is engaging in, unfair labor practices within the meaning of Section 8(a)(l) of the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of Respondent set forth in section III, above, occurring in connection with its oper- ations described in section I, above, have a close, intimate, and substantial relationship to trade, traf- fic, and commerce among the several States and tend to lead to labor disputes burdening and ob- structing commerce and the free flow of com- merce. V. THE REMEDY Having found that Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(5), (3), and (1) of the Act, we shall order that Respondent cease and desist therefrom and take certain affirmative action de- signed to effectuate the policies of the Act. To remedy Respondent's violations of Section 8(a)(5) and (1) of the Act, we shall order that Re- spondent, upon request, meet and bargain with the Union as the exclusive representative of its employ- ees, provide the Union with the relevant and neces- sary bargaining information as requested, and bar- gain with the Union, upon request, over any future decision to close its Livingston plant or over the effects of such closing. To remedy Respondent's violations of Section 8(a)(3) and (1) of the Act, we shall order that Re- spondent restore the wage increase it refused its employees on or about February 1. Additionally, we shall order Respondent to restore the status quo ante by reopening the Livingston plant and by of- fering the terminated bargaining unit employees re- 580 LIVINGSTON POWERED METAL. INC. instatement to the positions which they held prior to their unlawful termination or, if such positions no longer exist, to substantially equivalent posi- tions, without prejudice to their seniority or other rights and privileges. We shall also order Respond- ent to make the unlawfully discharged employees whole for any loss of earnings they may have suf- fered because of the discrimination against them, to be computed in accordance with the formula ap- proved in F. W. Woolworth Company, 90 NLRB 289 (1950). Interest thereon is to be computed in the manner prescribed in Florida Steel Corporation, 231 NLRB 651 (1977). 4 To remedy Respondent's violations of Section 8(a)(l) of the Act, we shall order that Respondent cease and desist from such actions. Having found that the unfair labor practices committed by Respondent were of such an egre- gious nature as to demonstrate a general disregard for employees' fundamental statutory rights, we shall also order Respondent to cease and desist from infringing in any other manner upon the rights of employees guaranteed by Section 7 of the Act. 5 The Board, on the basis of the foregoing facts and the entire record, makes the following: CONCLUSIONS OF LAW 1. Livingston Powdered Metal, Inc., is an em- ployer engaged in commerce within the meaning of Section 2(6) and (7) of the Act. 2. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, is a labor organization within the meaning of Section 2(5) of the Act. 3. Robert A. Clyde is a supervisor and agent of Respondent within the meaning of Section 2(11) of the Act. 4. All production and maintenance employees employed by Respondent at its Livingston, Tennes- see, plant, but excluding office clerical employees, professional employees, guards and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. 5. At all times material herein, the Union has been the exclusive representative of all the employ- ees in the aforesaid appropriate unit for the pur- poses of collective bargaining within the meaning of Section 9(a) of the Act. 6. By the acts described in section III, A, above, Respondent has refused to bargain collectively 4 See, generally. Isis Plumbing & Heating Co., 138 NLRB 716 (1962). Member Jenkins would award interest on the backpay due in accordance with the formula set forth in his partial dissent in Olympic Medical Corpo- ration, 250 NLRB 146 (1980). Hickmort Foods, Inc., 242 NLRB 1357 (1979). with the above-named labor organization as the ex- clusive bargaining representative of all the employ- ees in the appropriate bargaining unit described above, and thereby has engaged in unfair labor practices in violations of Section 8(a)(5) and (1) of the Act. 7. By the acts described in section III, B, above, Respondent has discriminated in regard to hire and tenure of employment of its employees, thereby discouraging membership in or activities on behalf of a labor organization, and thereby has engaged in unfair labor practices within the meaning of Sec- tion 8(a)(3) and (1) of the Act. 8. By the acts described in section III, C, above, Respondent has interfered with, restrained, and co- erced, and is interfering with, restraining, and co- ercing, employees in the exercise of the rights guaranteed them in Section 7 of the Act, and there- by has engaged in and is engaging in unfair labor practices within the meaning of Section 8(a)(l) of the Act. 9. The aforesaid unfair labor practices are unfair labor practies affecting commerce within the mean- ing of Section 2(6) and (7) of the Act. 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, Livingston Powdered Metal, Inc., Livingston, Ten- nessee, its officers, agents, successors, and assigns, shall: 1. Cease and desist from: (a) Refusing to bargain collectively with Interna- tional Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, as the exclusive representative of Respond- ent's employees in the appropriate unit with respect to wages, hours, and other terms and conditions of employment. (b) Failing and refusing to provide the Union with relevant and necessary bargaining informa- tion. (c) Failing and refusing to bargain collectively with the Union concerning the decision to close its Livingston plant, or concerning the effects on the unit employees of the decision to close the Living- ston plant. (d) Discouraging membership in the Union, or any other labor organization, by refusing to pay the unit employees a promised wage increase be- cause of their membership in, or concerted activi- ties on behalf of, that labor organization. (e) Discouraging membership in the Union, or any other labor organization, by closing its Living- ston plant, transferring the work that had been per- 581 DECISIONS OF NATIO()NAL LABOR RELATIONS BOARD formed by the unit employees to its Brockway plant, and discharging its employees at the Living- ston plant. (f) Threatening its employees that Respondent would close its Livingston plant if its employees joined, or engaged in activities on behalf of, the Union. (g) Promising its employees that Respondent would remedy employee grievances concerning jobs and working conditions, or granting its em- ployees a wage increase, at a time when Respond- ent had knowledge of the Union's organizational campaign and for the purpose of causing its em- ployees to reject the Union as their collective-bar- gaining representative. (h) In any other manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act. 2. Take the following affirmative action designed to effectuate the policies of the Act: (a) Upon request, bargain with International Union, United Automobile, Aerospace and Agri- cultural Implement Workers of America, UAW, as the exclusive representative of its employees in the appropriate unit with respect to rates of pay, wages, hours, or other terms and conditions of em- ployment and, if an understanding is reached, embody such understanding in a signed agreement. The appropriate unit is: All production and maintenance employees employed by Respondent at its Livingston plant, but excluding office clerical employees, professional employees, guards and supervisors as defined the Act. (b) Provide the relevant and necessary bargain- ing information requested by the Union. (c) Upon request, bargain with International Union, United Automobile, Aerospace and Agri- cultural Implement Workers of America, UAW, concerning Respondent's decision to close its Liv- ingston plant, or the effects of such closing on the employees in the bargaining unit. (d) Make each of the unit employees whole for any loss of pay that they may have suffered by Re- spondent's refusal to pay a promised wage increase, as set forth in the section of the Decision entitled "The Remedy." (e) Reopen the Livingston plant and reinstate un- lawfully terminated employees to the positions they held before their unlawful termination or, if those positions no longer exist, to substantially equivalent positions, without prejudice to their seniority or other rights and privileges and make them whole for any loss of earnings or other benefits resulting from Respondent's unlawful termination of them in the manner set forth in the section of this Decision entitled "The Remedy." (f) Preserve and, upon request, make available to the Board or its agents, for examination and copy- ing, all payroll records, social security payment re- cords, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. (g) Post at its Livingston, Tennessee, plant copies of the attached notice marked "Appendix." 6 Copies of said notice, on forms provided by the Regional Director for Region 10, after being duly signed by Respondent's representative, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by Re- spondent to insure that said notices are not altered, defaced, or covered by any other material. (h) Notify the Regional Director for Region 10, in writing, within 20 days from the date of this Order, what steps Respondent has taken to comply herewith. 6 In the event that 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 National Labor Relations Board" shall read "Posted Pursu- ant 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 WE WILL NOT refuse, upon request, to bar- gain collectively concerning rates of pay, wages, hours, or other terms or conditions of employment with International Union, United Automobile, Aerospace and Agricultural Im- plement Workers of America, UAW, as the exclusive representative of the employees in the following unit: All production and maintenance employees employed at the Employer's Livingston, Tennessee, plant, but excluding office cleri- cal employees, professional employees, guards and supervisors as defined in the Act. WE WILL NOT refuse to provide the Union with the relevant and necessary bargaining in- formation requested by it. WE WILL NOT refuse, upon request, to bar- gain collectively concerning the decision to 582 LIVINGSTON POWERED METAL. INC. close our Livingston, Tennessee, plant or the effects of such decision with the above-named Union as the exclusive bargaining representa- tive of our employees in the bargaining unit described above. WE WILl NOT refuse to provide our em- ployees with a promised wage increase be- cause of their membership in, or concerted ac- tivities on behalf of, the above-named Union or any other labor organization. WE WILL NOT discharge employees or oth- erwise discriminate against them with respect to their tenure of employment or any term or condition of employment because of their membership in, or concerted activities on behalf of, the above-named Union or any other labor organization. WE WILL NOT threaten our employees with plant closure for engaging in activities in sup- port of International Union, United Auto- mobile, Aerospace and Agricultural Implement Workers of America, UAW, or any other labor organization. WE Wll L NOT promise our employees that we will remedy employee grievances concern- ing jobs and working conditions for the pur- pose of inducing them to vote against the above-named Union or any other labor organi- zation. WE WILL NOT grant our employees a wage increase for the purpose of inducing them to vote against the above-named Union or any other labor organization. WE WILL. NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the rights guaranteed them in Sec- tion 7 of the Act. WE WILL, upon request, bargain collectively with the above-named Union as the exclusive bargaining representative of our employees in the appropriate unit described above with re- spect to rates of pay, wages, hours, or other terms and conditions of employment and, if an understanding is reached, embody such under- standing in a signed agreement. WE WILI. provide the Union with the rele- vant and necessary bargaining information re- quested by it. WE WIL., upon request, bargain with the above-named Union as the exclusive bargain- ing representative of all employees in the bar- gaining unit described above, concerning our decision to close our Livingston, Tennessee, plant, or concerning the effects of that closing on the employees in the appropriate unit. WE WILL make our employees whole for any loss of pay caused by our refusal to pay a promised wage increase, with interest. WE WILL reopen our Livingston, Tennessee, plant and reinstate unlawfully terminated em- ployees in the appropriate unit described above to the positions they held before their unlawful terminations or, if those positions no longer exist, to substantially equivalent posi- tions, without prejudice to their seniority or other rights or privileges, and WE WILL make them whole for any loss of earnings or other benefits resulting from our unlawful termina- tion of them, with interest. LIVINGSTON POWDERED METAL, INC. 583