Chester Valley, Inc.

National Labor Relations Board - Board Decisions

Aug 27, 1980

251 N.L.R.B. 1455 (N.L.R.B. 1980)

CHESTE VLILEY. INC. 1455
Chester Valley, Inc. and Local 445, affiliated with
the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America. Case 2-CA-17062
August 27, 1980
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND TRUESDALE
Upon a charge filed on February 4, 1980, by
Local 445, affiliated with the International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, herein the Union, and duly
served on Chester Valley, Inc., herein the Re-
spondent, the General Counsel of the National
Labor Relations Board, by the Regional Director
for Region 2, issued a complaint and notice of
hearing on March 18, 1980, alleging that the Re-
spondent had engaged in certain unfair labor prac-
tices affecting commerce within the meaning of
Section 8(a)(5) 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.
With respect to the unfair labor practices, the
complaint alleges in substance that, since on or
about November 1, 1978, the Union has been the
exclusive representative for all the employees in an
appropriate unit.' The complaint also alleges that,
by a letter dated January 19, 1980, and mailed to
all unit employees, the Respondent solicited and
impliedly promised to remedy employee grievances
in violation of Section 8(a)(1) of the Act and that
the Respondent also bypassed the Union and of-
fered to deal directly with employees in violation
of Section 8(a)(5) and (1) of the Act. On March 28,
1980, the Respondent filed an answer to the com-
plaint admitting in part, and denying in part, the al-
legations in the complaint.
On May 16, 1980, counsel for the General Coun-
sel filed directly with the Board a Motion for Sum-
mary Judgment. Subsequently, on May 27, 1980,
the Board issued an order transferring the proceed-
ing to the Board and a Notice To Show Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Also, on May 27,
1980, the Respondent filed a cross-motion for sum-
The complaint alleges, and the Respondent admits. that the appropri-
ate unit consists of all full-time, regular part-time, and seasonal truck
drivers, mechanics, servicemen. warehousemen, and dispatchers em-
ployed by Resxondent at its Chester, Monroe, and Vails Gate, New
York, facilities, excluding all office clerical employees, sales personnel,
accountants, guards, and all supervisors as defined in Sec 2(11) of the
Act.
251 NLRB No. 191
mary judgment which it requests be treated as its
response to the Notice To Show Cause.
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 for Summary Judgment
In its response to the Notice To Show Cause,
the Respondent admits that, on January 19, 1980, it
mailed a letter to unit employees, signed by its
president, which contained the following:
Some time ago I asked our attorney to come
and visit with both management and with our
hourly employees to discuss the problems at
Chester Valley and to see if we could work
together on rectifying these problems. Certain-
ly we want to discuss the setting up of some
kind of joint employer/employee committee to
deal with some of these issues. Quite frankly, I
had planned on doing this prior to the holidays
... . Within the next few weeks I will be ar-
ranging for such a meeting. In the meantime, I
hope each of you will be considering those
matters which you feel are important and
which should be raised at that meeting.
It is clear that, by the above language, the Re-
spondent dealt directly with employees in contra-
vention of its duty to bargain with the Union as the
exclusive representative of its employees. Never-
theless, the Respondent contends that its conduct
did not violate Section 8(a)(5) of the Act inasmuch
as, at the time of the letter, its obligation to bargain
with the Union was the subject of litigation in
Chester Valley Inc., Cases 2-RC-18160 and 2-CA-
16163. We disagree. In Chester Valley Inc.,2 issued
this day, the Board found that the Respondent's
obligation to bargain commenced on November 1,
1978, the date on which the Respondent embarked
on a clear course of unlawful conduct which un-
dermined the Union's majority status and subverted
the Board's election process. 3 Since the Respond-
ent's direct dealing with the employees occurred
during that bargaining obligation, it violated Sec-
tion 8(a)(5) and (1) of the Act. 4 We also find that,
by its letter, the Respondent also unlawfully solicit-
2 251 NL RB No, 190 (198O)
h l' c Board set aside the election conducted on January 10, 1979,
which the Union lost, and ordered that the Respondent bargain with the
Union
4 In light of the Board's adoption in Case 2-CA-16163 of an adminis-
trative lass judges finding that the Union had never demanded bargain-
ing in an appropriate unit. Chairman Fanning does not find that the Re-
spondeint violated Sec. 8(a)15) of the Act
CHESTER VALLEY. INC '4
, . . . _
1456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ed grievances from employees in violation of Sec-
tion 8(a)(1) of the Act. 5
CONCLUSIONS OF LAW
1. Chester Valley, Inc., is an employer engaged
in commerce within the meaning of Section 2(6)
and (7) of the Act.
2. Local 445, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
3. By dealing directly with employees on or
about January 19, 1980, in contravention of its duty
to bargain with the Union concerning rates of pay,
wages, hours, and other terms and conditions of
employment, the Respondent violated Section
8(a)(5) and (1) of the Act.
4. By soliciting grievances from employees on or
about January 19, 1980, in order to discourage sup-
port for the Union, the Respondent violated Sec-
tion 8(a)(l) of the Act.
5. The aforesaid unfair labor practices affect
commerce within the meaning of Section 2(6) and
(7) of the Act.
THE REMEDY
Having found that the Respondent has engaged
in certain unfair labor practices, we shall order it
to cease and desist therefrom and to take certain af-
firmative action necessary to effectuate the policies
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,
Chester Valley, Inc., Chester, Vails Gate, and
Monroe, New York, its officers, agents, successor,
and assigns, shall:
1. Cease and desist from:
(a) Dealing directly with unit employees in con-
travention of its duty to bargain with the Union
concerning rates of pay, wages, hours, and other
terms and conditions of employment.
(b) Soliciting grievances from employees in
order to discourage support for the Union.
(c) In any like or related manner, interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
I See Ralph Printing a Lithographing Co., 158 NLRB 1353 (1966) The
Respondent's contention that factual issues exist as to whether it had a
practice of soliciting grievances is without merit. In Cases 2-CA-16160
and 2-CA-16163, the Board found that, before the election, the Respond-
ent unlawfully solicited grievances and rejected the Respondent's asser-
tions that its conduct adhered to established management policies.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Upon request, bargain collectively with Local
445, affiliated with the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, as the exclusive representative
of unit employees with respect to rates of pay,
wages, hours of employment, or other terms and
conditions of employment.
(b) Post at its facilities in Chester, Vails Gate,
and Monroe, New York, copies of the attached
notice marked "Appendix." 6 Copies of said notice,
on forms provided by the Regional Director for
Region 2, after being duly signed by Respondent's
representative, shall be posted by Respondent im-
mediately upon receipt thereof, and be maintained
by it for 60 consecutive days thereafter, in con-
spicuous places, including all places where notices
to employees are customarily posted. Reasonable
steps shall be taken by Respondent to insure that
said notices are not altered, defaced, or covered by
any other material.
(c) Notify the Regional Director for Region 2, in
writing, within 20 days from the date of this Order,
what steps the 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 deal directly with unit em-
ployees in contravention of our duty to bar-
gain with Local 445, affiliated with the Inter-
national Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America
as their exclusive representative.
WE WILL NOT solicit grievances from em-
ployees in order to discourage support for
Local 445, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, or any
other labor organization.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employ-
ees in the exercise of the rights guaranteed
CHESTER VALLEY, INC. 1457
them by Section 7 of the National Labor Rela-
tions Act, as amended.
WE WILL, on request, bargain with Local
445, affiliated with the International Brother-
hood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, as the exclusive
representative of unit employees.
CHESTER VALLEY, INC.
men and Helpers of America, as the exclusive