Auto Workers Local 1131 (Houdaille Industries)

National Labor Relations Board - Board Decisions

Feb 29, 1984

268 N.L.R.B. 1468 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local 1131, International Union, United Automobile,
Aerospace and Agricultural Implement Workers
of America (UAW) and Universal Engineering
Division, Houdaille Industries, Inc. Case 7-CB-
5459
29 February 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On 9 August 1983 Administrative Law Judge
Martin J. Linsky issued the attached decision. The
Respondent filed exceptions and a supporting
brief. 1
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the decision and the
record in light of the exceptions and brief and has
decided to affirm the judge's rulings, findings, and
conclusions and to adopt the recommended Order.
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that the Respondent, Local 1131,
International Union, United Automobile, Aero-
space and Agricultural Implement Workers of
America (UAW), Vassar, Michigan, its officers,
agents, and representatives, shall take the action set
forth in the Order.
I With its exceptions and supporting brief, the Respondent filed a
motion to reopen the record for the introduction of new evidence on the
issue of its reliance on Board law with respect to the granting of super-
seniority to union officials at the time of its actions referred to in the
complaint, or, in the alternative, to accept as part of the record herein
the proffered affidavit of Leonard Page, associate general counsel, Inter-
national Union, United Automobile, Aerospace and Agricultural Imple-
ment Workers of America (UAW), on the same issue. We deny the
motion to reopen the record but grant the alternative motion to accept
the affidavit of Leonard Page as part of the record. However, having
considered the affidavit, we find that it does not affect our decision.
DECISION
STATEMENT OF THE CASE
MARTIN J. LINSKY, Administrative Law Jufidge: This
case arose upon a charge filed by Universal Engineering
Division, Houdaille Industries, the Charging Party or the
Employer, on April 30, 1982. An amended charge was
filed June 7, 1982. The complaint, which issued on June
15, 1982, alleges that Local 1131, International Union,
United Automobile, Aerospace and Agricultural Imple-
ment Workers of America (UAW), the Respondent, vio-
lated Section 8(b)(1)(A) and Section 8(b)(2) of the Na-
tional Labor Relations Act, herein the Act, by insisting
on giving full force and effect to a provision of the col-
268 NLRB No. 228
lective-bargaining agreement between the Respondent
and the Employer, which provides for granting supersen-
iority for purposes of layoff and recall to the financial
secretary of the Respondent, i.e., Tommy Thurman.
The Respondent denies the commission of any unfair
labor practices. A hearing was held on March 2, 1983, in
Burton, Michigan.
On the entire record in this case, to include post-hear-
ing briefs filed by the General Counsel and the Respond-
ent, and on my observation of the demeanor of the wit-
nesses, I make the following
FINDINGS OF FACT
I. JURISDICTION
Universal Engineering Division, Houdaille Industries,
Inc., is, and has been at all times material herein, a cor-
poration organized and existing under the laws of the
State of Delaware.
At all times material herein, the Employer has main-
tained its principal office in Frankenmuth, Michigan. The
parent corporation of the Employer, Houdaille Indus-
tries, Inc., has its principal office and place of business in
Ft. Lauderdale, Florida. The Employer is, and has been
at all times material herein, engaged in the manufacture,
sale, and distribution of machine tool accessories and re-
lated products. The Employer's plant in Frankenmuth,
Michigan, is the only facility involved in this proceeding.
During the past 12 months, a representative period, the
Employer, in the course and conduct of its business oper-
ations, purchased and caused to be transported and deliv-
ered to its Frankenmuth plant goods and materials
valued in excess of $50,000, which were transported and
delivered to its plant in Frankenmuth, Michigan, directly
from points located outside the State of Michigan. The
Employer is now, and has been at all times material
herein, an employer engaged in commerce within the
meaning of Section 2(2), (6), and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
Local 1131, International Union, United Automobile,
Aerospace and Agricultural Implement Workers of
America (UAW), is and has been at all times material
herein a labor organization within the meaning of Sec-
tion 2(5) of the Act.
III. THE ALLEGED UNFAIR LABOR PRACTICE
The sole issue in this case is whether or not Section
8(b)(1)(A) and (2) of the Act are violated if Tommy
Thurman, the Respondent's financial secretary, is accord-
ed superseniority as provided for in the collective-bar-
gaining agreement between the Respondent and the Em-
ployer, Since the hearing in this case the Board has
issued its decisions in Gulton Electro- Voice, Inc., 266
NLRB 406 (1983), and Auto Workers Local 561 (Scoville),
266 NLRB 852 (1983). Applying the facts in this case to
the law as enunciated in those two decisions I must con-
clude that the Respondent in maintaining and enforcing a
clause in its collective-bargaining agreement with the
Employer granting superseniority for purposes of layoff
1468
AUTO WORKERS LOCAL 1131 (HOUDAILLE INDUSTRIES)
and recall to its financial secretary violated Section
8(bXl)(A) and (2) of the Act.
On March 6, 1981, the Employer and the Respondent
entered into a collective-bargaining agreement with re-
spect to the Employer's production and maintenance
workers. This agreement, by its terms, expires on March
5, 1984. Article V, section 21 of the current agreement
provides:
The President, Vice President, Financial Secre-
tary, Recording Secretary and Trustees of the
Local Union, members of the bargaining committee
and District Stewards on all shifts shall carry top
seniority during their terms of office, and, upon
completing their term of office, shall revert to their
former standing in their seniority list. The President
and Financial Secretary during their term of office
shall have preference to the first shift. After their
term of office they will revert to their former shift.
Such preferential seniority shall not apply for pur-
poses of promotion.
In June 1980, production and maintenance employee
Tommy Thurman was elected financial secretary of
Local 1131. In addition to being the elected financial sec-
retary, he also took on the duties of treasurer. The treas-
urer is not accorded superseniority under the collective-
bargaining agreement. In March 1982, the Employer,
after experiencing a decrease in production and mainte-
nance work, determined that five turret lathe "A" ma-
chinists would have to be laid off from that job classifi-
cation. On March 15, 1982, the Employer notified the
five least senior turret lathe "A" machinists that they
would be laid off from that classification as of March 19,
1982. One of the employees to receive such notice was
Thurman. Immediately after receiving his layoff notice,
Thurman filed a grievance claiming that he, as financial
secretary of Local 1131, was entitled to superseniority
under article V, section 21 of the contract. On March 16,
1982, the Employer retracted Thurman's layoff notice
and issued a layoff notice to the sixth least senior turret
lathe "A" machinist, Lester Bender. Upon receiving his
layoff notice, Bender filed a grievance claiming that the
grant of superseniority to the financial secretary violated
Federal law. On March 17, 1982, the Employer retracted
Bender's layoff notice, reissued a layoff notice as to job
classification to Thurman and on April 30, 1982, filed the
unfair labor practice charge that ultimately led to the in-
stant proceeding.
I find that when Thurman, an officer and agent of the
Respondent, invoked the superseniority clause on March
15, 1982, this started the running of the 6-month 10(b)
period. Accordingly, since the charge and amended
charge were filed in April and June 1982, respectively,
this unfair labor practice case is not barred by Section
10(b). Auto Workers Local 561 (Scoville), 266 NLRB 952
(1983).
For the benefit of the parties and the Board in the
event exceptions are taken to my decision, I will set out
in some detail the duties of the Respondent's financial
secretary. In addition, I note that I have credited in its
entirety on demeanor and inherent reasonableness the
testimony of Tommy Thurman, Ted Binnall, Richard
Sears, and Harold Bauer. All four are union officials and
testified in the Respondent's case.
Article 40, sections 4-11 of the UAW constitution sets
forth the duties of UAW Local Union financial secretar-
ies:
Financial Secretary
Section 4. It shall be the duty of the Financial Sec-
retary to receive all dues, initiation fees, readmission
fees, fines and all other income of the Local Union
for any fund from any source and to give official
receipts for same, as provided in this Constitution.
Financial Secretaries of Local Unions having a
check-off arrangement shall issue one (1) receipt for
the check received from the company, and other-
wise use the procedure outlined above for any other
income. No receipt shall be issued to individual
members unless the company does not show on the
check stub or pay envelope the amount of the de-
duction and the reason therefore.
Section 5. The financial Secretary shall write all
checks drawn on the Local Union funds and report
in writing every month at a regular meeting of the
Local Union giving the amount of monies received
and paid out during the previous calendar month,
divided as between the various income and expendi-
ture classifications, and the remaining balances in
the fund accounts of the Local Union.
Section 6. The Financial Secretary shall deposit all
collections either with the Treasurer, taking a re-
ceipt therefor, or in such banks as Local Union
Trustees may direct, with advice to the Treasurer
as to the amount so deposited.
Section 7. The Financial Secretary shall by the 20th
of each month, send a report to the International
Secretary-Treasurer on blanks furnished by the
International Union, together with the correct
amount of money due the International Union for
the preceding month which begins on the first and
ends with the last day of the month. S/He shall re-
ceive applications for membership and notify the
candidates of their election or rejection. S/He shall
assist the International Union in seeing that all
members receive the official publication regularly
when eligible, provide each member with an official
receipt for all monies paid and make available to
each member a copy of the International Constitu-
tion and Bylaws of the Local Union. Union mem-
bership cards and/or dues buttons may be issued at
the option of the Local Union.
Section 8. The Financial Secretary shall furnish the
International Secretary-Treasurer with the names
and addresses of all the officers of the Local Union.
S/He shall keep a record of all members initiated,
suspended, expelled or deceased, transfers in and
out and reinstatements, during her/his term of office
and notify the International Secretary-Treasuer of
same, and perform such other duties as the bylaws
prescribe or the Local Union may direct. There
1469
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall be maintained by the Financial Secretary a
complete record of all active members of the Local
Union. This record shall have the date of initiation,
the date and cause of suspension or expulsion, the
date of reinstatement, together with the date of
death, home address and such other matters as may
be deemed necessary to keep a record of the contin-
uous membership of a member of the Local Union.
The Financial Secretary shall not make said record
of all active members (membership list) available to
anyone except pursuant to the provision of Article
37, Section 10 of this Constitution.
Section 9. The Financial Secretary shall keep an in-
ventory of all records and property of the Local
Union, the same to contain, when possible, date of
purchase and amount paid for each article. S/He
shall notify all members in arrears of the amount of
their indebtness and turn over her/his books to the
Trustees for audit and approval when called to do
so. S/He shall, on the demand of the International
Secretary-Treasurer, produce her/his books for ex-
amination and audit, and shall comply with the pro-
visions,of this Constitution.
Section 10. Should it be proven that any Local
Union Financial Secretary has willfully and inten-
tionally failed to report monthly the full member-
ship of his/her Local Union to the International
Secretary-Treasurer or should it be proven that any
Local Union President, Treasurer and/or Financial
Secretary willfully and intentionally refuses to sign
a check to send in the full amount of per capita tax
on the same number of members who have paid
dues to the Local Union, the Local Union may be
suspended from all privileges and benefits until the
deficiency is made good and the officer or officers
responsible for such failure shall not be allowed to
again hold office in the organization for a period of
two (2) years.
Treasurer
Section 11. The Treasurer shall give a receipt for all
monies received from the Financial Secretary. The
monies received must be deposited in such bank as
the Local Union Trustees may direct for the several
funds provided for in this Constitution and such
other funds as the Local Union may set up in the
name and number of the Local Union. S/He shall
sign all checks, which must be countersigned by the
President. S/He shall report in writing every month
at a regular meeting of the Local Union the total
receipts and total expenditures for the Local Union
for the previous calendar month and the amount of
money still on deposit. The Treasurer shall deliver
to her/his successor all monies and other property
of the Local Union. S/He shall, on demand of the
International Union or Trustees of the Local Union,
produce her/his books for examination and audit.
The financial secretary records and reports all income
and expenditures of the local union; he drafts monthly
reports to the membership and to his regional director;
he operates the voucher system for all expenditures of
union funds; he prepares quarterly reports for the Local's
trustees, the International Union, and state and Federal
governments; he prepares annual LM-IA and LM-3 re-
ports required by the Department of Labor and Federal
law under penalty of criminal fines of S10,000 or impris-
onment for not more than I year or both (29 U.S.C. §
431, 432, and 439); he computes and forwards the
Local's per capita tax to the International Union; he
computes and forwards the Local's strike fund contribu-
tion, and other fund contributions, as well as the Local's
share of the monthly dues receipts; he maintains the
Local's membership records, including each member's
name, address, social security number, date of the initi-
ation, and amount paid, honorable withdrawal cards, and
other information; he maintains the union's property, ne-
gotiates the lease for its hall, and pays the union's bills;
he handles lost time payments for all persons carrying
out official union business; he pays the union's share of
the cost of arbitration;
The financial secretary in the instant case also directly
administers two provisions of the collective-bargaining
agreement, i.e., the union-security clause and the dues-
checkoff clause. I credit Thurman's testimony that he
alone of the Respondent's officers and stewards is re-
sponsible for administering and monitoring the contrac-
tual provisions covering these two mandatory bargaining
subjects.
Thurman's obligations as financial secretary bring him
in contact with employees on the shop floor, as well as
management. First, Thurman's presence on the job
allows him to sign up new members thereby enforcing in
part the union-security clause. He also signs up employ-
ees for dues checkoff and delivers these forms to Vera
Kern, the secretary to Roland Schneider, the Employer's
industrial relations manager.
Vera Kern is the only management representative with
whom Thurman dealt in connection with his enforce-
ment of the union-security and dues checkoff provisions
of the contract. I credit Thurman's testimony that he met
with Kern for upwards of 1 hour per month at the plant
at a time when she was working but he was not "on the
clock" working for the Employer. On occasions, but
very frequently, Thurman would meet with Kern during
his working hours. In fulfulling his duties under these
two clauses of the contract, e.g., meeting new employees
to solict and accept membership applications, Thurman
met with employees and as a matter of convenience
these meetings took place at the plant although they
could have taken place elsewhere.
It is noted that the job of financial secretary is a fairly
difficult one to learn, e.g., Thurman credibly testified
that it took him over I year to learn the job sufficiently
well to be comfortable in it. UAW International Repre-
sentative Ted Binnall credibly testified about the difficul-
ties of training financial secretaries and the harm which
would result to the union from a constant turnover of fi-
nancial secretaries. Binnall also stressed the important
role the union-security and dues checkoff provisions of
the contract have in maintaining the strength of the
Union. Both Binnall and the Respondent's president,
1470
AUTO WORKERS LOCAL 1131 (HOUDAILLE INDUSTRIES)
Harold Bauer, pointed out that the Respondent's treasury
has grown to $69,000, largely as the result of the good
work of the financial secretary in enforcing the union-se-
curity and dues checkoff provisions of the contract.
These moneys enable the Respondent to administer and
protect its contract rights more effectively by being able
to afford to take cases to arbitration and pay for help if
needed, as well as meeting other costs.
Thurman's duties as financial secretary also include
major responsibilities in the handling of UAW strikes.
During strikes, the financial secretary assigns various
strike duties, directs strike captains and pickets, and sets
up a strike kitchen. The financial secretary also handles
the local's strike expenditures, and works with the Inter-
national Union on the provision of strike benefits to em-
ployees.
Along with other officers of the Respondent, Thurman
is a member of the Respondent's executive board. The
Local 1131 bylaws provide that, between membership
meetings, "the Executive Board shall be the highest au-
thority of the Local Union and shall be empowered to
act on behalf of the membership to the extent urgent
business requires prompt and decisive action."
The executive board has authority and does make de-
cisions regarding collective bargaining, including the de-
velopment of demands for new contract negotiations.
The executive board is the final authority on what bar-
gaining demands are brought to the bargaining table to
present to the Employer. During negotiations, members
of the bargaining committee and the executive board
confer daily in the plant although not required to do so,
often during worktime, on the course of bargaining and
what course should be taken by the Union. The execu-
tive board also recommends strike authorization and con-
tract ratification.
Executive board decisions are taken at formal meetings
every month during nonwork time. However, evidence
at the hearing reflected that executive board decisions
must often be made more urgently and, when the need
for an urgent decision arises, only the input of those who
are present in the shop is considered. There is sufficient
time to poll executive board members not present in the
plant. These polls have occurred during work hours, and
I credit the testimony of union official Richard Sears
that on at least six occasions in the past year such polling
of executive board members, to include Thurman, oc-
curred during working hours. Clearly, having Thurman
present at work makes it more convenient for the execu-
tive board to function.
The executive board has involvement in contract ad-
ministration and the grievance procedure. The executive
board regularly reviews the handling of grievances,
grievance settlements and withdrawals, and possible arbi-
trations. The executive board has the final authority to
approve or disapprove the settlement of grievances and
the withdrawal of grievances. The executive board also
reviews every case before it approves or disapproves
sending it to arbitration and, in each case that goes to ar-
bitration, authorizes the expenditure of union funds nec-
essary to arbitrate the grievance. In addition, the execu-
tive board has authority under article 33 of the UAW
constitution to hear and decide any appeal from any
member from any decision of the Local Union or its
agents on the disposition of any grievance.
On occasion the executive board has addressed matters
concerning grievances at the plant but this has been done
out of convenience to the board members and could
have been done during off hours and away from the
plant.
There was credible testimony that Thurman acts as the
eyes and ears of the Respondent. Thurman credibly testi-
fied that he is approached daily by employees regarding
grievances, negotiations, complaints about union han-
dling of contract matters, and other related issues. Thur-
man hears these complaints or questions and tries either
to answer them or explain the Respondent's position on a
particular contract issue. He relays complaints or griev-
ances to his fellow officers for action and, if he learns
important information about grievances, he advises inter-
ested individuals accordingly. This activity takes place
on the job. However, Thurman undertakes to do this be-
cause he views himself as leader of the Respondent and
feels he should. It is not required activity on his part and
another financial secretary might not do it. Further, any
officer of the Union or any former officer of the Union
or, for that matter, any plain member could conceivably
undertake to do the same thing.
Legal Analysis
As noted above the Board has recently addressed the
issue of superseniority for union officials in Gulton Elec-
tro-Voice, supra, and Auto Workers Local 6531 (Scoville),
supra.
These were not the first occasions that the Board had
considered this issue. In Gulton, the Board overruled
Electrical Workers UE Local 623 (Limpco Mfg.), 230
NLRB 407 (1977), enfd. sub nom. D'Amico v. NLRB, 582
F.2d 820 (3d Cir. 1978), and its progeny, which had ex-
panded the concept of superseniority to cover more
union officers or agents.
In Gulton, the Board announced that:
We will find unlawful those grants of superseniority
extending beyond those employees responsible for
grievance processing and on-the-job contract ad-
ministration. We will find lawful only those super-
seniority provisions limited to employees who, as
agents of the union, must be on the job to accom-
plish their duties directly related to administering
the collective-bargaining agreement. [Gulton, supra
at 409.]
The Board concluded in Gulton that "superseniority
accorded to [union] officers who do not perform steward
or other on-the-job contract administration functions is
not permissible because it unjustifiably discriminates
against employees for union-related reasons." Gulton,
supra at 406.
Thurman is not a steward but is involved in three
areas which the Respondent argues should result in his
being legally entitled to superseniority, i.e., administra-
tion of the union-security and dues checkoff provisions
of the collective-bargaining agreement between the Re-
1471
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spondent and the Employer, his services on the executive
board, and his assumed union leadership role at the plant.
Thurman's duties in enforcing the union-security and
dues checkoff clauses of the contract require him to get
application forms and documents to new employees, get
the completed documents back from them properly filled
out, and collect initiation fees from new employees.
However, these functions do not have to be performed
at the plant. It is done at the plant for convenience pur-
poses only. These contract administering functions also
call for Thurman to meet with Vera Kern, the secretary
to the Employer's industrial relations manager, for ap-
proximately I hour per month. These meetings generally
occur when Thurman is at the plant but off the clock,
i.e., just before or just after his shift. In addition, the Re-
spondent and not the Employer compensates Thurman
for his time in meeting with Kerns and performing his
other duties as financial secretary. The Board concluded
that the financial secretary's responsibility in Gulton,
supra, for administering the dues withholding plan did
not approach "the level of responsibility we believe is
necessary to help stabilize Respondents' labor relations."
Gulton, supra at 409. In Gulton, the financial secretary,
who met monthly with the company's financial officer,
was found not to be legally entitled to superseniority. In
Gulton, the financial secretary's duties regarding contract
administration were not significantly different from
Thurman's contract administration duties in the instant
case.
As a member of the Respondent's executive board
Thurman has some impact of grievance handling as
noted above but only as one of several members of the
executive board, which could function without all its
members being present. Further, the functioning of the
executive board did not have to be performed on the job.
It is interesting to note that the full membership could
overrule the executive board regarding a grievance deci-
sion, e.g., whether to take a grievance to arbitration, so
the full membership could conceivably claim a right to
superseniority since it deals with grievance matters as
well. Grievance processing to legally qualify for super-
seniority must involve grievance processing that has to
be accomplished on the job.
Lastly, Thurman recognizes that he is a leader of the
Union and has taken it on himself to be available to
answer questions from the members regarding a host of
matters, to include the status of grievances. This activity
on Thurman's part will not justify the granting of super-
seniority status because it is not required to be done by
him, is not required to be done on the job although for
convenience purposes it often is, and it is the kind of ac-
tivity that any union officer, e.g., outside guard; or
former union officer might undertake.
It is my conclusion that Thurman did not perform
steward or steward-like functions and did not perform
sufficient on-the-job contact administration functions to
justify being accorded superseniority under the test enun-
ciated in Gulton, supra.
Accordingly, I find that, by the maintenance and en-
forcement of the superseniority clause with respect to
the financial secretary on March 15, 1982, the Respond-
ent violated Section 8(b)(1)(A) and (2) of the Act. In
reaching this conclusion I am mindful that Thurman was
formerly a steward and would have been legally entitled
to superseniority if he had remained a steward but
having been promoted to a high union post with signifi-
cant duties he loses his right to superseniority. The duties
of the Respondent's financial secretary, although of criti-
cal importance to the Respondent and its membership,
do not require the financial secretary's presence on the
jobsite.
IV. THE REMEDY
Having found that the Respondent engaged in certain
unfair labor practices, I shall recommend that they cease
and desist therefrom and take certain affirmative action
designed to effectuate the policies of the Act.
I have found that the superseniority provision clause
as it applies to the financial secretary is unlawful and
shall therefore recommend that the Respondent cease
and desist from maintaining or enforcing the supersenior-
ity clause in the collective-bargaining agreement with re-
spect to the Respondent's financial secretary. Finally, I
shall recommend that the Respondent cease desist in any
like or related manner from restraining or coercing em-
ployees it represents in the exercise of the rights guaran-
teed employees by Section 7 of the Act.'
CONCLUSIONS OF LAW
1. Universal Engineering Division, Houdaille Indus-
tries, Inc. is an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
2. Local 1131, International Union, United Automo-
bile, Aerospace and Agricultural Implement Workers of
America, UAW, is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. By maintaining and enforcing a seniority clause in
its collective-bargaining agreement with the Employer
which accords the Respondent's financial secretary su-
perseniority, the Respondent has engaged in an unfair
labor practice within the meaning of Section 8(bXIXA)
and (2) of the Act.
4. The foregoing unfair labor practice is an unfair
labor practice affecting commerce within the meaning of
Section 2(6) and (7) of the Act.
On these findings of fact and conclusions of law and
on the entire record, I issue the following recommended
ORDER 2
The Respondent, Local 1131, International Union,
United Automobile Aerospace, and Agricultural Imple-
I The Respondent argues that since an alleged essential party to this
case, i.e., International Union, UAW, was not named as the Respondent,
this case cannot be prosecuted. This argument is without merit because
the International Union UAW is not an essential party but simply could
have been a party to this action.
2 If no exceptions are filed as provided by Sec. 102.46 of the Board's
Rules and Regulations, the findings, conclusions, and recommended
Order shall, as provided in Sec. 102.48 of the Rules, be adopted by the
Board and all objections to them shall be deemed waived for all pur-
poses.
1472
AUTO WORKERS LOCAL 1131 (HOUDAILLE INDUSTRIES)
ment Workers of America (UAW), its officers, agents,
and representatives, shall
1. Cease and desist from
(a) Maintaining, enforcing, or otherwise giving effect
to those clauses in their collective-bargaining agreement
with Universal Engineering Division, Houdaille Indus-
tries, Inc., according the Respondent's financial secretary
superseniority for purposes of layoff or recall or for any
other purpose.
(b) In any like or related manner restraining or coerc-
ing the employees of the Employer in the exercise of
their rights protected by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Post at its meeting halls copies of the attached
notice marked "Appendix."3 Copies of the notice, on
forms provided by the Regional Director for Region 7,
after being signed by the Respondent's authorized repre-
sentative, shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive days in
conspicuous places including all places where notices to
members are customarily posted. Reasonable steps shall
be taken by the Respondent to ensure that the notices
are not altered, defaced, or covered by any other materi-
al.
(b) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
3 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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board."
APPENDIX
NOTICE To MEMBERS
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 or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representa-
tives of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT maintain and enforce any agreement
with Universal Engineering Division, Houdaille Indus-
tries, Inc., according our financial secretary supersenior-
ity for the purposes of layoff or recall or any other pur-
pose.
WE WILL NOT in any like or related manner restrain or
coerce the employees of Universal Engineering Division,
Houdaille Industries, Inc., in the exercise of their rights
set forth above.
LOCAL 1131, INTERNATIONAL UNION,
UNITED AUTOMOBILE, AEROSPACE, AND
AGRICULTURAL WORKERS OF AMERICA
(UAW)
1473