Indiana Bell Telephone Company, Inc.

372 NLRB No. 62 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Indiana Bell Telephone Company, Inc., and Commu- nications Workers of America, Local 4900. Case 25–CA–218405 February 28, 2023 ORDER DENYING MOTION1 BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN AND PROUTY On June 9, 2021, the National Labor Relations Board issued its Decision and Order in this proceeding.2 The Board found, inter alia, that the Respondent violated Sec- tion 8(a)(5) and (1) of the Act by unilaterally utilizing premises technicians to perform the pulling and installa- tion of fiberoptic cable in multiple-dwelling units in the Indianapolis area. The Board ordered the Respondent to rescind the unlawful unilateral change, to make affected employees whole for any loss of earnings and other ben- efits incurred as a result, and to bargain on request with the Communication Workers of America, Local 4900 before implementing any further changes to wages, hours or other terms and conditions of employment in the fu- ture. On December 7, 2021, the Respondent filed a motion requesting that the Board modify the underlying decision to direct the Respondent to bargain primarily with Com- munications Workers of America (CWA) rather than the Charging Party, Local 4900. The motion was filed pur- suant to the NLRB Casehandling Manual provision for altering the wording on a notice. See Casehandling Manual (Part Three) Compliance Proceedings §10518.1 Wording Fixed (2020). But by presenting extra-record evidence in seeking to alter its bargaining obligation, the Respondent’s motion effectively seeks reconsideration of the Board’s June 9, 2021 Order or, alternatively, reopen- ing of the record. Under the Board’s Rules, though, such a motion ordinarily must be filed within 28 days of the service of the decision or order. See Board’s Rules and Regulations Section 102.48(c)(2). Since the instant mo- tion was filed almost 6 months after the issuance and service of the Board’s decision and order, it is untimely. Moreover, even considering the merits of the motion, the Respondent has not identified any material error, newly discovered evidence, or extraordinary circumstances warranting reconsideration or reopening of the record. 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 370 NLRB No. 135 (2021). See id. Accordingly, the Respondent’s Motion to Modi- fy the Board’s Notice to Employees is denied. However, we note that under Section 10(d) of the Act, the Board may modify its order at any time before the record in the case is filed in court; there is no explicit requirement that the Board act on the timely motion of a party. 29 U.S.C. § 158. Indeed, the Board has long held that, under the plain language of Section 10(d), it has the authority to modify its orders sua sponte. Tennessee Coach Co., 115 NLRB 677, 679 (1956), enfd. 237 F.2d 907 (6th Cir. 1956). Here, we shall modify paragraph 2(a) of our Order in the underlying proceeding to pro- vide, as the administrative law judge recommended, an affirmative provision ordering the Respondent to “bar- gain in good faith with the Communications Workers of America, District 4 and/or Communications Workers of America, Local 4900, a/w Communications Workers of America, District 4 . . . .” (emphasis added). We find that this language better reflects the bargaining relation- ship between the parties, as established in the record. We also modify paragraph 1(a) of our Order to conform to the Board's standard remedial language used for cease- and-desist provisions. Finally, we shall substitute a new notice to conform to the Order as modified. ORDER The Board's Order in the underlying Decision reported at 370 NLRB No. 135 (2021), is modified as follows, and the Respondent, Indiana Bell Telephone Company, Inc., Indianapolis, Indiana, its officers, agents, succes- sors, and assigns, shall take the action set forth in the Order as modified. 1. Replace paragraph 1(a) with the following. (a) Unilaterally changing the terms and conditions of employment of its unit employees. 2. Replace paragraph 2(a) with the following. (a) Before implementing any changes in wages, hours, or other terms and conditions of employment of unit em- ployees, notify and, on request, bargain with the Com- munications Workers of America, District 4 and/or Communications Workers of America, Local 4900 a/w Communications Workers of America, District 4 (collec- tively “the Union”) as the exclusive collective-bargaining representative of employees in the following bargaining unit: The employees described in Article I and Appendix B of the collective-bargaining agreement between AT&T Midwest and the Communications Workers of Ameri- ca, AFL–CIO, effective from April 12, 2015 through April 14, 2018. 3. Substitute the attached notice to employees for that which issued on June 9, 2021. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 Dated, Washington, D.C. February 28, 2023 ______________________________________ Lauren McFerran, Chairman ______________________________________ Marvin E. Kaplan, Member ________________________________________ David M. Prouty, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TOEMPLOYEES 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 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 unilaterally change the terms and condi- tions of employment of our unit employees. 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, before implementing any changes in wages, hours, or other terms and conditions of employment of unit employees, notify and, on request, bargain with the Communications Workers of America, District 4 and/or Communications Workers of America, Local 4900 a/w Communications Workers of America, District 4 (collec- tively “the Union”) as the exclusive collective-bargaining representative of our employees in the following bargain- ing unit: The employees described in Article I and Appendix B of the collective-bargaining agreement between AT&T Midwest and the Communications Workers of Ameri- ca, AFL–CIO, effective from April 12, 2015 through April 14, 2018. WE WILL rescind the changes in the terms and condi- tions of employment for our unit employees that were unilaterally implemented on April 16, 2018. WE WILL make our unit employees whole for any loss of earnings and other benefits, plus interest, suffered as a result of our unlawful utilization of premises technicians performing the pulling and/or pre-wiring of fiber optic cable during the final phase of building the IP network in multi-dwelling unit structures in the Indianapolis area. WE WILL compensate affected employees for the ad- verse tax consequences, if any, of receiving lump-sum backpay awards, and WE WILL file with the Regional Di- rector for Region 25, within 21 days of the date the amount of backpay is fixed, either by agreement or Board order, a report allocating the backpay award(s) to the appropriate calendar year(s) for each employee. WE WILL file with the Regional Director for Region 25 a copy of each backpay recipient’s corresponding W-2 form(s) reflecting the backpay award. INDIANA BELL TELEPHONE COMPANY, INC. The Board’s decision can be found at https://www.nlrb.gov/case/25-CA-218405 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street, S.E., Room 5011, Washington, DC 20570, or by calling (202) 273- 1940.