Garner/Morrison, LLC

National Labor Relations Board - Unpublished Board DecisionsAug 18, 2011

28-CA-021311 (N.L.R.B. Aug. 18, 2011)

NOT INCLUDED IN LBP BOUND VOLUMES Tempe, AZ UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD GARNER/MORRISON, LLC and Case 28-CA-21311 INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, DISTRICT COUNCIL #15, LOCAL UNION #86, AFL-CIO-CLC and Case 28-CB-6585 SOUTHWEST REGIONAL COUNCIL OF CARPENTERS ORDER DENYING MOTION FOR RECONSIDERATION On May 27, 2011, the National Labor Relations Board issued a Decision and Order Remanding1 in this proceeding, finding that Respondent Garner/Morrison (Garner/Morrison) violated Section 8(a)(1) of the Act by engaging in surveillance of its employees’ union activities and violated Section 8(a)(2) and (1) of the Act by assisting and recognizing the Respondent Southwest Regional Council of Carpenters (the Carpenters). The Board further found that the Carpenters violated Section 8(b)(1)(A) of the Act by accepting such assistance and recognition and by entering into a collective-bargaining agreement with Garner/Morrison. To remedy the unfair labor practices, the Board ordered the Respondents to cease and desist and to take certain 1 356 NLRB No. 163. 2 affirmative action designed to effectuate the policies of the Act.2 Finally, the Board severed a complaint allegation that Garner/Morrison unlawfully interrogated employee Gary Servis and remanded that allegation to the judge for further appropriate action.3 On June 26, 2011, Respondent Garner/Morrison filed a motion for reconsideration, and Respondent Carpenters filed a notice that it was joining the motion. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Having duly considered the matter, the Board finds that the Respondents’ (the Union is joining) motion fails to present “extraordinary circumstances” warranting reconsideration under Section 102.48(d)(1) of the Board’s Rules and Regulations.4 IT IS ORDERED, therefore, that the motion for reconsideration is denied. 2 Contrary to Garner/Morrison’s contention, our Order should not be interpreted as requiring a Board certification of representative before Garner/Morrison may lawfully recognize the Carpenters (or any other labor organization) as its employees’ Sec. 8(f) collective-bargaining representative. Our Order is consistent with the Board’s remedy in similar cases arising in the construction industry. See Clock Electric, Inc., 338 NLRB 806, 808 (2003). 3 On April 29, 2009, after the two-Member Board issued its Decision and Order remanding, the judge issued a supplemental decision dismissing this interrogation allegation. No exceptions were filed to that dismissal. Consequently, this allegation requires no further proceedings. 4 In its motion, Respondent Garner/Morrison for the first time cites Coamo Knitting Mills, 150 NLRB 579 (1964), in support of its argument that, even assuming that it unlawfully surveilled employees while they signed union authorization cards, such unlawful surveillance did not taint the Carpenters’ showing of majority support. Although Garner/Morrison’s belated citation of this case does not establish “extraordinary circumstances” Coamo Knitting Mills is nonetheless distinguishable. In that case there was no complaint allegation, much less any Board finding, that the employer engaged in unlawful surveillance of employees signing authorization cards. 3 Dated, Washington, D.C., August 18, 2011. ______________________________________ Wilma B. Liebman, Chairman ______________________________________ Craig Becker, Member ______________________________________ Mark Gaston Pearce, Member (SEAL) NATIONAL LABOR RELATIONS BOARD