Pattern Makers' Association

PATTERN MAKERS' ASSOCIATION Pattern Makers' Association of Detroit and Vicinity, Pattern Makers' League of North America, AFL-CIO and Michigan Pattern Manufactur- ers Association. Case 7-CB-3623 December 9, 1980 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO On November 14, 1977, the National Labor Re- lations Board issued its Decision and Order' in this proceeding finding that the Respondent, Pattern Makers' Association of Detroit and Vicinity, Pat- tern Makers' League of North America, AFL- CIO, violated Section 8(b)(3) of the National Labor Relations Act, as amended, by unilaterally changing the operation of its out-of-work lists and by threatening a strike to compel members of the Michigan Pattern Manufacturers Association to comply with said change, and Section 8(b)(1)(A) and (2) of the Act by maintaining and operating a system of placing the names of its executive com- mittee members, and former business managers and assistant business managers, at the top of its out-of- work lists. Accordingly, the Board ordered Re- spondent to cease and desist therefrom and to take certain affirmative action, including the immediate return to the method of operating its out-of-work lists used prior to the unilateral change. On June 5, 1980, the United States Court of Ap- peals for the Sixth Circuit issued a judgment 2 granting enforcement of the Board's Order, but re- manding the case to the Board to have it evaluate its Order in light of a recently negotiated collec- tive-bargaining agreement and letter of understand- ing.3 ' 233 NLRH 430 2 622 F.2d 267. 3 This collective-bargaining agreement and letter of understanding pro- vide, nter alia, for a mutually agreed-upon method of operating Re- spondent's out-of-work lists. On August 1, 1980, the Board notified the parties in this proceeding that it had decided to accept the remand from the court of appeals. Thereafter, the General Counsel, the Charging Party, and Re- spondent filed statements of position. 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. The Board, having accepted the court's remand and having duly considered the issues presented by the remand and the parties' statements of position, finds that the recently negotiated collective-bar- gaining agreement and letter of understanding do not alter the circumstances upon which its earlier Decision and Order was predicated. More particu- larly, we note that our earlier Order specifically anticipated that Respondent and the Charging Party could, in the normal course of events, negoti- ate modifications in the operation of the out-of- work lists; the fact that they have done so neither renders that Order moot nor justifies its modifica- tion.4 Furthermore, compliance with a Board Order does not rule out the necessity for an order to deter future unlawful conduct. Accordingly, we reaffirm our earlier Decision and Order finding that the Respondent, Pattern Makers' Association of Detroit and Vicinity, Pat- tern Makers' League of North America, AFL- CIO, violated Section 8(b)(1)(A), (2), and (3) of the National Labor Relations Act, as amended. ORDER It is hereby orderd that the Board's previous De- cision and Order in this proceeding, issued on No- vember 14, 1977 (reported at 233 NLRB 430), be, and it hereby is, reaffirmed. 4 See, eg . Universal Building Services. Inc.. 234 NLRB 362 (1978) 253 NLRB No. 91 643