Comite de Empleados de Simmons, Inc.

National Labor Relations Board - Board Decisions

Jul 19, 1961

132 N.L.R.B. 242 (N.L.R.B. 1961)

242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. Local 294, International Brotherhood of Teamsters, Chauffeurs , Warehouse-
men and Helpers of America, is a labor organization within the meaning of Section
2(5) of the Act.
5. All driver-salesmen employees of the Respondent employed at its Cohoes
plant , exclusive of all other employees and all supervisors as defined in Section
2(11) of the Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act.
6. The above-named Union was on July 16, 1959, and since that date has been
at all times , the exclusive representative of all employees in the aforesaid appropri-
ate unit for the purposes of collective bargaining within the meaning of Section
9(a) of the Act.
7. By refusing on July 27, 1959 , and at all times thereafter , to bargain collec-
tively with the above -named Unions , respectively , as the exclusive representatives of
their employees in the aforesaid appropriate units, the Respondent Employer has
engaged in and is engaging in unfair labor practices within the meaning of Section
8(a)(5) of the Act.
8. By interfering with , restraining , and coercing its employees in the exercise of
rights guaranteed in Section 7 of the Act, the Respondent Employer has engaged
in and is engaging in unfair labor practices within the meaning of Section 8(a)(1)
of the Act.
9. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
10. The Respondent Employer did not and has not engaged in unfair labor
practices within the meaning of Section 8(a) (2) of the Act.
[Recommendations omitted from publication.]
Comite de Empleados de Simmons , Inc. (also known as Comite
de Negociaciones de los Empleados de la Simmons , Inc.) and
its officers and/or agents Miguel Pacheco Cintron , Angel Luis
Gambaro , Juan A. Garcia, Jose C. Burgos, and Filiberto Aviles
Padilla; and/or Teamsters, Chauffeurs, Warehousemen and
Helpers, Local 901, IBTCW & H of America and Simmons, Inc.
Comite de Empleados de Simmons , Inc. (also known as Comite
de Negociaciones de los Empleados de la Simmons , Inc.) and
its officers and/or agents Miguel Pacheco Cintron , Angel Luis
Gambaro, Juan A. Garcia , Jose C. Burgos , and Filiberto Aviles
Padilla; and/or Teamsters, Chauffeurs, Warehousemen and
Helpers, Local 901, IBTCW & H of America and Seafarers
International Union of North America , Atlantic & Gulf Dis-
trict, P.R. Division , AFL-CIO. Cases Nos. 24-CC-60 and
24-CC-61. July 19, 1961
SUPPLEMENTAL DECISION AND ORDER
On June 17, 1960, the Board issued a Decision and Order 1 in the
above-entitled proceeding in which the Board found, contrary to the
Trial Examiner, that Respondents Comite de Empleados de Simmons,
Inc., herein called the Comite, and Miguel Pacheco Cintron, Angel
Luis Gambaro, Juan A. Garcia, and Jose C. Burgos had not engaged
in conduct violative of Section 8 (b) (4) (C) of the Act, and, there-
1 127 NLRB 1179
132 NLRB No. 27.
COMITE DE EMPLEADOS DE SIMMONS, INC. 243
fore, dismissed these allegations of the consolidated complaint herein.
The Board agreed with the Trial Examiner's recommended dismissal
of the remaining allegations and, therefore, dismissed the complaint
in its entirety.
Thereafter, on March 10, 1961, the Court of Appeals for the First
Circuit handed down its opinion and decree vacating the Board's
order of dismissal and remanding the proceeding to the Board for an
order consistent with the opinion. Although the Board respectfully
disagrees with the court, it has decided to accept the remand, and not
to seek certiorari, because to do so does not appear appropriate in this
case.
The matter having been thus remanded and considered by the
Board, the Board hereby accepts as the law of this case the court's
findings and conclusions that the above-named Respondents had de-
clared their independence of the SIU, which had been certified as
the representative of the Simmons employees, and were demanding
recognition as the bargaining representative of these employees, in
violation of Section 8(b) (4) (C) of the Act. Accordingly, the Board
has amended its Order as follows :
IT IS HEREBY ORDERED that Comite de Empleados de Simmons, Inc.
(also known as Comite de Negociaciones de los Empleados de la Sim-
mons, Inc.), its agents, representatives, successors, and assigns, in par-
ticular its representatives Miguel Pacheco Cintron, Angel Luis Gam-
baro, Juan A. Garcia, and Jose C. Burgos, shall :
1. Cease and desist from engaging in, or inducing or encouraging
the employees of Simmons, Inc., to engage in, any strike or concerted
refusal in the course of their employment to use, manufacture, proc-
ess, transport, or otherwise handle or work on any goods, articles,
materials, or commodities, or to perform any services for Simmons,
Inc., where an object thereof is to force or require Simmons, Inc., to
recognize or bargain with Comite de Empleados de Simmons, Inc.
(also known as Comite de Negociaciones de los Empleados de la Sim-
mons, Inc.) as the representative of any employees in the unit de-
scribed below, so long as any other labor organization is certified by
the Board as the representative of such employees. The unit is :
All production and maintenance employees employed by Simmons,
Inc., at its San Juan, Puerto Rico, place of business, excluding all
office clerical employees, truckdrivers; drivers' helpers, dispatching
and receiving clerks, warehouse employees, guards, and supervisors
as defined in the Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Cause to be published, at their own expense, in a newspaper of
general daily circulation in San Juan, Puerto Rico, the notice at-
614913-62-vol 132-17
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tached hereto marked "Appendix," in Spanish translation, and in such
format and with such frequency (not to exceed three times) as the
Regional Director for the Twenty-fourth Region shall determine.
(b) Upon request by the said Regional Director, after receipt
from him of copies of the said notice in Spanish translation, return to
him sufficient copies, dated and duly signed by a representative of
Comite de Empleados de Simmons, Inc. (also known as Comite de
Negociaciones de los Empleados de la Simmons, Inc.) and individually
by Miguel Pacheco Cintron, Angel Luis Gambaro, Juan A. Garcia,
and Jose C. Burgos, for posting, the Company willing, for 60 con-
secutive clays at the San Juan, Puerto Rico, place of business of Sim-
mons, Inc., in conspicuous places where notices to employees are custo-
marily posted.
(c) Notify the said Regional Director, in writing, within 10 days
from the date of this Order, what steps they have taken to comply
herewith.
IT IS FURTHER ORDERED that the complaint herein be dismissed inso-
far as it alleges that Respondent Filiberto Aviles Padilla and Re-
spondent Teamsters, Chauffeurs, Warehousemen and Helpers, Local
901, IBTWC & H of America, have violated the Act, and insofar as
it alleges that the remaining Respondents induced or encouraged con-
certed activities by employees of any employer other than Simmons,
Inc., or that an object of their conduct was to force or require Sim-
mons, Inc., to recognize or bargain with Teamsters, Chauffeurs, Ware-
housemen and Helpers, Local 901, IBTWC & H of America, as the
representative of any employees in the unit described above.
CII AIRMAN MCCULLOCH and MEMBER BROWN took no part in the
consideration of the above Supplemental Decision and Order.
,APPENDIX
NOTICE TO ALL OUR REPRESENTATIVES, AGENTS AND MEMBERS, AND TO
ALL EMPLOYEES OF SIMMONS, INC.
Pursuant to a Supplemental Decision and Order of the National
Labor Relations Board, and in order to effectuate the policies of the
National Labor Relations Act, as amended, you are notified that :
WE WILL NOT engage in, or induce or encourage the employees
of Simmons, Inc., to engage in, any strike or concerted refusal in
the course of their employment to perform services for their em-
ployer where an object is to force or require Simmons, Inc., to
recognize or bargain with Comite de Empleados de Simmons, Inc.
(also known as Comite de Negociaciones de los Empleados de la
Simmons, Inc.) as the representative of any employees in the unit
described below, so long as any other union is certified by the
FUNKHOUSER MILLS, DIVISION OF THE RUBEROID CO. 245
National Labor Relations Board as the representative of such
employees. The unit is :
All production and maintenance employees employed by
Simmons, Inc., at its San Juan, Puerto Rico, place of busi-
ness, excluding all office clerical employees, truckdrivers,
drivers' helpers, dispatching and receiving clerks, ware-
house employees, guards, and supervisors as defined in the
National Labor Relations Act.
COMITE DE EMPLEADOS DE SIMMONS, INC.
(ALSO KNOWN AS COMITE DE NEGOCIA-
CIONES DE LOS EMPLEADOS DE SIMMONS,
INC.,
Labor Organization.
Dated ---------------- By-------------------------------------
(Representative ) ( Title)
Dated ----------------
Dated----------------
(MIGUEL PACHECO CINTRON, Representative)
(ANGEL Luis GaMUARO , Representative)
Dated---------------- -------------------------------------
( JUAN A GARCIA, Representative)
Dated----------------
(JosE C. BURGOS, Representative)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Funkhouser Mills, Division of The Ruberoid Company and
United Cement , Lime and Gypsum Workers , Local Union 402.
Case No. 10-CA-49275. July 19, 1961
ORDER REMANDING CASE TO TRIAL EXAMINER
Hearing upon the complaint herein was held before Trial Exam-
iner John H. Dorsey on February 23, 24, and 25, 1960. On February
24, 1960, on motion of the Respondent at the close of the General
Counsel's case , the Trial Examiner dismissed the complaint insofar
as it alleged that the Respondent had violated Section 8(a) (3) and
(1) of the Act by failing to recall, and by discharging, James E.
Norrell. On June 23, 1960, the Trial Examiner issued his Interme-
diate Report reaffirming his ruling of dismissal and further finding
that the Respondent had not engaged in the other unfair labor prac-
tices alleged in the complaint, and recommending that the complaint
be dismissed in its entirety. Thereafter, the General Counsel filed
132 NLRB No. 20.