USA Fire Protection

700 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD G&L Associated, Inc. d/b/a USA Fire Protection and Road Sprinkler Fitters Local Union No. 669, United Association of Journeymen and Appren- tices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL–CIO. Case 10–CA–038074 October 20, 2014 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA AND SCHIFFER On September 28, 2012, the Board issued a Decision and Order in this proceeding, which is reported at 358 NLRB 1722, and on February 7, 2013, the Board issued an Order Denying Motion for Reconsideration, which is reported at 359 NLRB 574. Thereafter, the Charging Party filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit. At the time of the Decision and Order and the Order denying motion for reconsideration, the composition of the Board included two persons whose appointments to the Board had been challenged as constitutionally infirm. On June 26, 2014, the United States Supreme Court is- sued its decision in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), holding that the challenged appointments to the Board were not valid. Thereafter, the Board issued an order setting aside the Decision and the Order and Order denying motion for reconsideration, and retained this case on its docket for further action as appropriate. On July 8, 2014, the Charging Party filed a motion for consolidation and reconsideration. On July 17, the Re- spondent filed a brief in opposition to the Charging Par- ty’s motion. On September 22, 2014, the Charging Party filed an amended motion for consolidation and reconsid- eration.1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. In view of the decision of the Supreme Court in NLRB v. Noel Canning, supra, we have considered de novo the judge’s decision and the record in light of the exceptions and briefs. We have also considered the now-vacated Decision and Order and Order Denying Motion for Re- consideration, and we agree with the rationale set forth therein. Accordingly, we affirm the judge’s rulings, 1 In its initial motion, the Charging Party sought to consolidate this case with Austin Fire Equipment, LLC, vacated decisions at 359 NLRB 37 (2012), and 359 NLRB 576 (2013). The Charging Party additional- ly requested that the Board permit additional briefing on the legal is- sues presented. The amended motion sought to consolidate this case with both Austin and King’s Fire Protection, Inc., 358 NLRB 1548 (2012). We agree with the Respondent that the requested actions are not warranted, and we deny the Charging Party’s motion. findings, and conclusions and adopt the judge’s recom- mended Order to the extent and for the reasons stated in the Decision and Order reported at 358 NLRB 1723 and as modified below,2 and the Order Denying Motion for Reconsideration reported at 359 NLRB 574, which are incorporated herein by reference. ORDER The National Labor Relations Board affirms the Order in its Decision and Order reported at 358 NLRB 1722 as modified below and orders that the Respondent, G&L Associated, Inc. d/b/a USA Fire Protection, Clinton, Tennessee, its officers, agents, successors, and assigns, shall take the action in the Order as modified. 1. Insert the following as paragraph 2(c) and reletter the subsequent paragraphs. “(c) Compensate affected employees for the adverse tax consequences, if any, of receiving any lump-sum backpay awards, and file a report with the Social Securi- ty Administration allocating the backpay awards to the appropriate calendar quarters for each employee.” 2. Substitute the attached notice for that included in the above-cited Decision and Order. 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 vio- lated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT fail and refuse to recognize and bargain with Road Sprinkler Fitters Local Union No. 669, United Association of Journeymen and Apprentices of the 2 We amend the remedy and modify the Order in the Decision and Order to provide that the Respondent will compensate unit employees for the adverse tax consequences, if any, of receiving any lump-sum backpay awards, and file a report with the Social Security Administra- tion allocating the backpay awards to the appropriate calendar quarters for each employee. Don Chavas, LLC d/b/a Tortillas Don Chavas, 361 NLRB 101 (2014). We shall also substitute a new notice to conform to the Order as modified and in accordance with our decision in Durham School Services, 360 NLRB No. 85 (2014). 361 NLRB No. 58 USA FIRE PROTECTION 701 Plumbing and Pipefitting Industry of the United States and Canada, AFL–CIO (the Union) as the exclusive col- lective-bargaining representative of our employees in the bargaining unit during the term of the collective- bargaining agreement. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL honor the terms and conditions of our 2007– 2010 collective-bargaining agreement with the Union until its expiration on March 31, 2010, and any automatic renewal or extension of that contract. WE WILL make employees whole for any loss of earn- ings and other benefits resulting from our unlawful with- drawal of recognition, plus interest. WE WILL compensate affected employees for the ad- verse tax consequences, if any, of receiving any lump- sum backpay awards, and WE WILL file a report with the Social Security Administration allocating the backpay awards to the appropriate calendar quarters for each em- ployee. WE WILL make all contributions that we were required to make to contractual fringe benefit funds during the term of the collective-bargaining agreement, but which we have not made since September 8, 2009, and WE WILL reimburse you, with interest, for any expenses resulting from our failure to make the required payments. G&L ASSOCIATED, INC. D/B/A USA FIRE PROTECTION The Board’s decision can be found at www.nlrb.gov/case/10–CA–038074 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Re- lations Board, 1099 14th Street, N.W., Washington, D.C. 20570, or by calling (202) 273-1940.