Drives, Inc.

National Labor Relations Board - Board Decisions

Nov 7, 1969

179 N.L.R.B. 526 (N.L.R.B. 1969)

526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Drives, Incorporated and District No. 102,
International Association of Machinists and
Aerospace Workers, AFL-CIO. Cases 38-CA-255
and 38-CA-305
November 7, 1969
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS BROWN, JENKINS, AND ZAGORIA
On July 3, 1968, the National Labor Relations
Board issued its Decision and Order (172 NLRB
No. 101) in the above-entitled proceeding, adopting
with modifications, the findings, conclusions, and
recommendations of the Trial Examiner. In that
Decision, the Board found that Respondent violated
Section 8(a)(1), (2), (3), and (5) of the National
Labor Relations Act, as amended, and entered a
bargaining order in favor of the Union.
Subsequent to the issuance of the Board's
Decision, the United States Supreme Court issued
its decision in N.L R.B. v. Gissel Packing Company,
395 U.S. 575, in which the Court laid down certain
guidelines relative to the propriety of finding
violations of Section 8(a)(5) and the issuance of
bargaining orders for remedying such violations. In
view of the Supreme Court decision, the Board,
acting on its own motion, decided to reexamine the
Decision and Order herein.
Accordingly, on August 11, 1969, the Board
notified all the nartles that it was reconsidering the
8(a)(5) finding and the bargaining order issued in
these cases and advised the parties that they could
submit statements of position with respect to such
issues. Thereafter, the General Counsel filed a
Statement of Position.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with these cases to a
three-member panel.
The Board having reexamined the Decision and
Order herein, as well as the entire record including
the General Counsel's Statement of Position,
adheres to the original Decision and Order herein.
We agree with the Trial Examiner that
Respondent's refusal to recognize the Union violated
Section 8(a)(5), and that an order to bargain is
appropriate. In doing so, we find that Respondent's
extensive unfair labor practices so diminished the
possibility of ensuring a fair election that employee
free choice is more effectively ascertained by the use
of signed authorization cards than by an election.
Further, in the circumstances of this case, where
Respondent's unfair labor practices are of such
pervasive character, an order to bargain would be an
essential part of any remedial order, even absent an
8(a)(5) violation.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that Respondent,
Drives, Incorporated, Fulton, Illinois, its officers,
agents, successors, and assigns, shall take the action
set forth in the original Decision and Order herein.
179 NLRB No. 88