General Maintenance Service Co., Inc.Download PDFNational Labor Relations Board - Board DecisionsMay 27, 1970182 N.L.R.B. 819 (N.L.R.B. 1970) Copy Citation GENERAL MAINTENANCE SERVICE CO., INC., General Maintenance Service Company, Inc. and Building Service Employees Union, Local 82, affiliated with Serv- ice Employees International Union, AFL-CIO. Case 5-CA-4565 May 27, 1970 DECISION AND ORDER By CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS On March 24, 1970, Trial Examiner William W. Kapell issued his Decision in the above-entitled proceeding, finding that Respondent had engaged in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, Respondent filed exceptions to the Trial Examiner's Decision and a brief.' The General Counsel filed a brief in support of the Trial Examiner's Decision. 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 con- nection with this case to a three-member panel. The Board has reviewed the rulings of the Trial Exam- iner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the entire record in this case, including the Trial Examiner's Decision and the exceptions and briefs, and hereby adopts the findings, conclusions, and recommendations of the Trial Examin- er, as modified herein. ORDER Pursuant to Section 10(c) of the National Labor Rela- tions Act, as amended, the National Labor Relations Board hereby adopts as its Order the Recommended Order of the Trial Examiner, as modified below, and orders that Respondent, General Maintenance Service Company, Inc., Washington, D.C., its officers, agents, successors, and assigns, shall take the acion set forth in the Trial Examiner's Recommended Order, as so modified: Following the last full paragraph in the Appendix "Notice to All Employees," add the following: WE WILL upon request bargain with the Union in the aforesaid units and embody any understand- ings reached in signed agreements. ' Respondent has also filed a motion requesting the case to be set for oral argument before the Board. Since we believe that the record and briefs adequately present the contentions of the parties, we deny the motion. TRIAL EXAMINER'S DECISION STATEMENT OF THE CASE 819 WILLIAM W. KAPELL, Trial Examiner: This matter, a proceeding under Section 10(b) of the National Labor Relations Act, as amended, herein called the Act, was heard at Washington, D.C., on February 2, 1970, with all parties participating pursuant to due notice upon a complaint' issued by the General Counsel on December 24, 1969.2 The complaint, in substance, alleges that General Maintenance Service Company, Inc., hereafter referred to as Respondent or the Company, has engaged, and continues to engage, in unfair labor practices in violation of Section 8(a)(1) and (5) of the Act by refusing to bargain collectively with the Union, as the lawfully recognized bargaining representative of its employees, after being timely notified of its intention to terminate existing bargaining contracts and to negotiate new con- tracts for buildings hereafter designated as units A and B, since April 28, and for buildings designated as units C, D, and E since August 13. Respondent in its duly filed answer denied the appropriateness of all units involved, the Union's exclusive representation of the employees involved, the past bargaining relationships with the Union in the units involved, and the timeliness of the Union's notices of contract termination. All parties were represented and were afforded an opportunity to adduce evidence, to examine and cross- examine witnesses, and to file briefs. Comprehensive and able briefs were received from the General Counsel and Respondent and have been carefully considered. Upon the entire record" in the case, and from my observation of the witnesses, I make the following: FINDINGS OF FACT 1. COMMERCE Respondent, at all times material herein, has been a corporation duly organized under the laws of the District of Columbia, having its principal office and place of business in said District, where it is engaged in custodial cleaning and related services in the Washing- ton, D.C., area. In the course and conduct of its business operations during the preceding 12 months, it has received in excess of $100,000 for services performed in the Washington, D.C., area. Respondent admits, and I find, that at all times material herein, Respondent has been engaged in commerce as an employer within the meaning of Section 2(6) and (7) of the Act. ' Based upon a charge filed on November 17, 1969, by Building Service Employees Union, Local 82, affiliated with Service Employees International Union, AFL-CIO, hereafter referred to as the Union 2 All dates hereafter refer to the year 1969 unless otherwise noted The General Counsel's unopposed motion to correct the transcript is granted as requested 182 NLRB No. 128 820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE LABOR ORGANIZATION INVOLVED Respondent admits, and I find, that at all times material herein, the Union has been a labor organization within the meaning of Section 2(5) of the Act. III. THE ALLEGED VIOLATIONS A. Background, The alleged violations herein involve six buildings, located in the District of Columbia, which are divided into the'following five units: Unit A consists of the Federal Bar Building at 1815 H Street and the Federal Bar Building West at 1819 H Street. The Union initially established its collective- bargaining relationship for'this unit when it was granted recognition by City Window Cleaning Company pursuant to a card check. This company was thereafter succeeded first by Barry Industries Cleaning Contractor and then by Respondent in 1968 . Respondent executed a collec- tive-bargaining agreement with the Union for the period July 1, 1968, to June 30, 1969. Unit B is the Brookings Institution office building at 1775 Massachusetts Avenue. The Union first estab- lished its collective-bargaining relationship for this unit directly with Brookings in 1939 when it was located on Jackson Place. Following its move to its present location, the contract for the cleaning services was given to Respondent, which entered into a collective- bargaining relationship with the Union about 1964. Since then Respondent has entered into about four collective- bargaining agreements , the most recent covering the period of July 1, 1968, to June 30, 1969. Unit C is the Riddell Building at 1730 K Street. The Union first established its collective- bargaining rela- tionship for this unit by certification in - 1964 ; when the contractor was H. G. Smith Real Estate Company. Respondent succeeded to the work in 1964 and since then the parties have entered into about three collective- bargaining contracts, the most recent covering the period of October 15, 1967, to October 14, 1969. Unit D is the Public National Bank office' building at 1430 K Street. The Union first obtained its collective- bargaining relationship for this unit in 1962 via recogni- tion from Allied Maintenance Company of New York, which was succeeded first by City Cleaning Company about 1963, and then by Respondent about 1964. Since then the parties have entered into three collective-bar- gaining contracts, the most recent covering the period of October 15, 1967, to October 14, 1969. Unit E is the 1025 Vermont Avenue office building, for which the Union initially established its collective- bargaining relationship by recognition directly from Respondent in 1964. Since then the parties have entered into about three collective-bargaining contracts, the most recent for the period October, 15, 1967, to October 14,1969. Each of the Union's last collective- bargaining agree- ments with Respondent contains a provision to the effect that the agreements shall renew from year to year " unless not less than sixty (60) days prior to an anniversary date of this Agreement written notice to the contrary is given by one party to the other." B. The Facts By letter of April 28, the Union notified Respondent that its agreements for Units A and B expire on June 30 and requested a meeting to negotiate new agreements. The letter was delivered on May 1. Receiving no response from Respondent by the middle of June, Union President Bailey unsuccessfully attempted to reach Respondent President Sanders by telephone on' several occasions to arrange a meeting to negotiate new agreements. About the middle of July, Bailey finally contacted Sanders and a meeting was set up for August 14. At this meeting Bailey presented Sanders with a written proposal for new agreements. The only change requested in the exist- ing agreements was a demand for a 30-cent-an-hour wage increase . Sanders begged off negotiating until his partner, a Mr. Schools, returned from his vacation at the end of August, claiming that the wage increase would put him out of business. Bailey also informed Sanders at this meeting that he had mailed a letter on the previous day regarding a request to renegotiate agreements with respect to units C, D, and E. Receiving no response from Sanders by the early part of September, Bailey again contacted him and was advised that a meeting to negotiate a new agreement could not be arranged because Mr. Schools was again unavailable because he had been hospitalized. Several weeks later and again not hearing from Sanders , Bailey reached Sanders about October 21 and finally arranged a meeting for November 4. At the start of this meeting Sanders told Bailey that he had turned over all his labor-manage- ment relations to his, attorney, Mr. Keiler, and' to, call him to arrange for negotiations.' Bailey thereupon contacted the union attorney, Mr. Levine, who on November 6 wrote to Mr. Keiler request- ing a meeting to negotiate new agreements between the Union and Respondent. By letter of November 12, Mr. Keiler replied inquiring what matters were pend- ing between the Union and Respondent and between Red Coats' and the Union, and that on being so advised he would reply if and when he would meet with Mr. Levine. By answer of November 14, Mr. Levine accused Mr. Keiler of stalling, and specifically referred to the matters pertaining to Red Coats, and also stated that he had previously referred to the matters concerning the Union and Respondent. On November 25, Mr. Keiler replied that he had not been enlightened concerning the identity of the units of Respondent for which the Union had requested bargaining, and stated further that inasmuch as charges had been filed with the Board ' Keiler was informed by,Sanders on November 4 that he was being retained on behalf of Respondent to negotiate with the Union S Mr Levine, by another letter of November 6, had also requested bargaining with Red Coats, another client of Mr Keller, which also had bargaining agreements with the Union. GENERAL MAINTENANCE SERVICE CO., INC. against Respondent he would be pleased to have the dispute settled by the Board. Meanwhile, Respondent has continued to check off employees ' union dues in all units, and during September resolved an employee wage grievance pursuant to the bargaining agreement for unit A, which had expired on June 30. C. Contentions of the Parties The General Counsel contends that Respondent was under obligation to bargain with respect to all units, that the Union gave timely notice to Respondent to renegotiate all the agreements, that Respondent did not bargain in good faith regarding Units A and B, and that Respondent refused to bargain with respect to Units C, D, and E. Respondent asserts that it bargained in good faith with respect to units A and B, and is willing to continue to do so, and that it refused to bargain with regard to units C, D, and E because it had no obligation to do so inasmuch as the agreements covering these units had been automatically renewed upon the Union's failure to give timely notice of their termination. Despite these assertions, Respondent also contends that for units A, B, C, and D the General Counsel failed to establish that Respondent was the legal successor of preceding employers whose employees had designated the Union as their bargaining representative." IV. CONCLUSIONS A. UnitsAandB Respondent concedes that it received timely notice of' the termination of agreements for units A and B and the Union's request to renegotiate agreements, but blames the Union for any delay and/or failure of the parties to meet to negotiate such agreements . It asserts that, while this matter was pending, there were contracts between the parties pertaining to bargaining agreements for buildings not involved herein, which provided ample opportunity for the Union to discuss agreements for units A and B. However, the evidence shows, and I find, that despite Bailey's energetic but fruitless attempts to contact Sanders to consider renewal agree- ments, it was the alleged unavailability of Mr. Schools which ostensibily caused Sanders to postpone negotia- tions. Not only did Sanders fail to notify Bailey when Schools became available, but he evaded taking any imitative to fix a meeting date despite Bailey's importun- ing. Finally, after the parties agreed on about October " During the hearing Respondent also disputed the appropriateness of the units and questioned the Union ' s majority status . In view of Respondent 's positions as set forth in its brief, I find these objections to be frivolous and without merit A good -faith doubt of a union's continuance of majority status is no defense to a refusal to bargain after prior recognition or certification unless founded upon a reasonable objective basis for doubting said status. See Celanese Corporation of America, 95 NLRB 664, 672. Respondent failed to establish such an objective basis. 821 21 to meet on November 4, presumably to commence or continue bargaining, Sanders belatedly declined to negotiate at this meeting claiming that he had retained counsel to do so on his behalf , and directed Bailey to make his arrangements with his counsel .' Despite this setback , Bailey 's counsel, Mr. Levine , began sending written requests to Keiler to arrange a meeting. Their correspondence persuasively demonstrates that Mr. Keile was intent upon deferring any meeting by asserting he was ignorant of which units were involved , a claim not entirely free from suspicion . He could have easily have obtained this information by contacting his client, if he had not already been previously so informed. Nor would he have made any irrevocable commitment to bargain regarding any particular unit ,by meeting with Mr. Levine, as he professed to fear . Finally, after receiving a copy of the Union's charge which clearly specified the buildings involved , Mr. Keiler evinced an inclination to have the Board settle the dispute. It is significant that even at this point he did not express a willingness to meet to negotiate . It was only immediate- ly prior to the hearing that he manifested a disposition to meet to negotiate new agreements for units A and B. I find that Respondent 's course of conduct revealed gross procrastinatio`n , evasiveness , and lack of good faith to bargain in violation of Section 8(a)(5) of the Act. B. Units C,,D, and E Respondent contends that the Union failed to comply with the 60-day notice of termination of agreements for Units C, D, and E and that, therefore, said agree- ments were automatically renewed relieving Respondent of any obligation to bargain for new agreements for these units . In support of this claim of untimeliness, Respondent asserts that the terms of the notification clause in the bargaining agreement specifically requires "receipt" of the notification not less than 60 days prior to contract termination. Concededly, Respondent did not actually receive the termination notification until August 18, only 58 days prior to the termination of the agreements, although mailed on August 13. As a matter of fact the notification provision does not speci- fically provide for the "receipt" of the notice. It states rather that the agreement shall be renewed unless not less than 60 days prior to an anniversary date of this agreement written notice to the contrary " is given" by one party to the other. Respondent argues that notice is not given to the other party until it has been received. In construing contractual time provisions, the Board has stated "In the final analysis; the interpretation to be given to a statutory or contractual time provision depends substantially upon the particular facts of each case ." Ohio Oil Co., 91 NLRB 759, 762. Where there is no direction provided in the agreement as to the mode of delivery of the written notice, it may be accom- plished through the post office unless it can be fairly ° By this time more than 6 months had elasped after the receipt of the Union' s request to bargain. 822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and reasonably inferred that some other, means was contemplated or expected. Thus, it appears that the mails were used as an acceptable mode for the notice concerning Units A and B. When the Union posted the notice on August 13 for the other units, there was ample time for delivery, and it had the right to assume it would be received timely in the due course of the mails. The Board has ruled in comparable situations that, where posting has allowed sufficient time for deliv- ery which has been delayed by the post office in circum- stances not attributable to the sender, it would be inequi- table to penalize the sender for the delay by holding that he failed to comply with a timely notice require- ment ." Furthermore , in mitigation of the delayed delivery herein, it appears that Bailey ' met Sanders on August 14 and advised him at that time that he had also mailed a*termination notice on the'preceding day covering units C, D, and E. Accordingly, Respondent was alerted to the fact that a termination notice had been sent. Nor has any proof been adduced that Respondent has been prejudiced by the late delivery of'the notice. More- over, its failure to notify the Union upon the actual receipt of the notice on August 18, that it considered those agreements automatically renewed, and its silence therein until it belatedly raised such objection at'the hearing indicate that it initially waived any objections, and then, as an afterthought, decided to utilize the delayed delivery as a defense. Under these circumstances it is not unreasonable to -find that Respondent waived any objections to the notification of termination of agree- ments in units C, D, and E.9 Accordingly, I find that in the circumstances herein, the Union satisfied the requirements of the notification provision of the agree- ments for units C, D, and E. I, therefore, conclude that Respondent failed and refused to bargain for renewal agreements for these units in violation of Section 8(a)(5) of the Act.' ` I I also find no merit in Respondent's contention that inasmuch'as the agreements provide that any dispute or disagreement arising out of the agreements may be referred by either party for a binding decision by an arbitrator, therefore any interpretation of the agreements concerning the timeliness of the Union's notification to terminate the agreements should appropriately be made only by an arbitrator or court and not by the Board since the existence of an unfair labor practice turns on the interpretation of a collective-bargaining agree- 8 See Rio De Oro Uranium Mines, Inc., 119 NLRB 153, where a late filing of objections to an election resulted from unusual late mail delivery Accord. Employers' Association of Building Metal Fabrica- tors, 149 NLRB 382, 385. e Waivers of late filings have been held applicable to RM petitions (Augat Brothers, Inc., 97 NLRB 993), but not for contract-bar purposes because of the special considerations applicable therein . See Deluxe Metal Furniture Company, 121 NLRB 995 , 1002, for the Board 's rationale for elimination of waivers in contract bar situations Nor has the Board construed the notice requirements of Sec 8(d)(1) of the Act to apply to, or affect the automatic renewal provisions of, existing collective- bargaining agreements See Armstrong Cork , Company, CO NLRB 859, 860. Thus, failure to fulfill the notice requirements of Sec. 8(d)(1) does not result in an automatic renewal of an existing contract Magnolia Petroleum Company, 79 NLRB 1027, 1028; Sanson Hosiery Mills, Inc , 92 NLRB 1102, 1112. merit. The Supreme Court has held that the Board had jurisdiction to interpret collective-bargaining con- tracts where, it is necessary to the resolution of unfair labor practice charges under the Act. See N.L.R.B. v. C & P Plywood Corporation, 385 U.S. 421; and N.L.R.B. v. Acme Industrial ,Products Co., 385 U.S. 432. Furthermore, Respondent never invoked the arbitra- tion provision, nor was the Union ever notified until the hearing that Respondent objected to the timeliness of the notice. Respondent also contends that the General Counsel failed to prove that it was the legal successor of employ- ers whose employees had designated the Union as their representative with respect to units A, B, C, and D, and that, therefore, the Union could not achieve status as the representative of the Respondent's employees in these units. I find no merit in this contention. It appears that Respondent had granted exclusive recogni- tion to the Union as the representative of its employees in at least one and up to four preceding contracts covering these units. "Such recognition raises a presumption of regularity, namely, that the Union was the majority representative of the employees at the time of the execu- tion of the contract; for, otherwise, it would have been unlawful for the Respondent to have extended such recognition. There is no evidence to rebut this presump- tion."10 In this regard it is significant to note that Respondent has also continued to check off the union dues to date for the employees in these units, that it has admitted an obligation to bargain with the Union as the represenative of its employees for units A and B, 'and that it has taken the position that it, currently, is under contract with the Union for the other units. Respondent makes no attempt to explain the anomaly arising from the above facts vis-a-vis its position that the General Counsel has failed to establish the Union's representation status. i CONCLUSIONS OF LAW 1. At all times material herein, the Union has been a labor organization within the meaning of Section 2(5) - of the Act. 2. At all times material herein, Respondent has been engaged in commerce as an employer within the meaning of Section 2(6) and (7) of the Act. 3. By failing and refusing to bargain in good faith upon request of the Union with respect to units A, B, C, D, and E, Respondent has violated Section 8(a)(5) and (1) of the Act. , ' I THE REMEDY Having found that Respondent has unlawfully refused to bargain with the Union, I shall recommend that it cease and desist therefrom and take certain affirmative action designed to effectuate the policies of the Act. 10 Shamrock Dairy, Inc., 124 NLRB 494, 495-496, enfd. 280 F.2d 665 (C A D.C ), cert denied 364 U S 892 GENERAL MAINTENANCE SERVICE CO , INC 823 RECOMMENDED ORDER Upon the basis of the foregoing findings of fact and conclusions of law and the entire record in the case, I recommend that General Maintenance Service Compa- ny, Inc , its officers, agent, successors, and assigns, shall 1 Cease and desist from (a) Refusing to bargain collectively with Building Service Employees Union, Local 82, affiliated with Serv- ice Employees International Union, AFL-CIO, as the exclusive bargaining representative of All maids, charwomen, cleaners, mghtmen, porters, scrubbers, and waxers employed by Respondent at The Federal Bar Building , 1815 H Street, N W , Washington, D C , and the Federal Bar Building West, 1819 11 Street, N W , Washington, D C , excluding all other employees, office clerical employees, guards, watchmen and supervisors as defined in the Act, as amended All maids, charwomen, cleaners, mghtmen, porters, scrubbers, and waxers employed by Respondent at the Brookings Institution Office Building at 1775 Massachusetts Avenue, N W Washington, D C , excluding all other employees, office clerical employees, guards, watchmen and supervisors as defined in the Act, as amended All building service workers, including porters, maids, charwomen, scrubbers, and waxers employed by Respondent at the Riddell Building, 1730 K Street, N W , Washington, D C , excluding all other employees, office clerical employees, guards, watchmen and supervisors as defined in the Act, as amended All building service workers, including porters, maids, charwomen, scrubbers, and waxers employed by Respondent at the Public [National] Bank Office Building, 1430 K Street, N W , Wash- ington, D C , excluding all other employees, office clerical employees, guards, watchmen and supervi- sors as defined in the Act, as amended All building service workers, including porters, maids, charwomen, scrubbers, and waxers employed by Respondent at 1025 Vermont Avenue Office Building , 1025 Vermont Avenue, N W , Washington, D C , excluding all other employees, office clerical employees, guards, watchmen and supervisors as defined in the Act, as amended with respect to rates of pay, wages, tenure of employ- ment, or other conditions of employment (b) Interfering with, restraining, or coercing employ- ees in any like or related manner in connection with the exercise of the right of self-organization, to form labor organizations , to join or assist Building Service Employees Union, Local 82, affiliated with Service Employees International Union, AFL-CIO, or any other labor organization, to bargain collectively through repre- sentatives of their choosing, and to engage in other concerted activities for the purpose of collective bargain- ing or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act, as modified by the Labor-Management Reporting and Disclosure Act of 1959 2 Take the following affirmative action which will effectuate the policies of the Act (a) Upon request, bargain collectively with Building Service Employees Union, Local 82, affiliated with Serv- ice Employees International Union, AFL-CIO, as the exclusive representative of all employees in the aforesaid units for the purpose of collective bargaining with respect to wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such understanding in a signed statement (b) Post at the office buildings involved herein copies of the attached notice marked "Appendix "11 Copies of said notice, on forms provided by the Regional Director for Region 5, after being duly signed by Respondent's representatives, shall be posted by Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous 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 mate- nal (c) Notify the Regional Director for Region 5, in writing,, within 20 days from the receipt of this Decision, what steps have been taken to comply herewith 12 11 In the event no exceptions are filed as provided by Section 102 46 oT the Rules and Regulations of the National Labor Relations Board the findings conclusions , recommendations and Recommended Order herein shall as provided in Section 102 48 of the Rules and Regulations be adopted by the Board and become its findings conclusions and order and all objections thereto shall be deemed waived for all purposes In the event that the Board s Order is enforced by a Judgment of a United States Court of Apppeals the words in the notice reading Posted by Order of the National Labor Relations Board shall be changed to read Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board 12 In the event that this Recommended Order is adopted by the Board this provision shall be modified to read Notify said Regional Director in writing within 10 days from the date of this Order what steps Respondent has taken to comply herewith APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government WE WILL NOT refuse to bargain collectively with Building Service Employees Union, Local 82 , affili- ated with Service Employees International Union, AFL-CIO, as the exclusive representative of all our employees in the following appropriate units All maids, charwomen, cleaners, rughtmen, porters, scrubbers, and waxers employed by Respondent at The Federal Bar Building, 1815 824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H Street, N W , Washington, D C and the Federal Bar Building West, 1819 H Street, N W , Washington, D C , excluding all other employees, office clerical employees, guards, watchmen and supervisors as defined in the Act, as amended All maids , charwomen, cleaners , nightmen, porters , scrubbers , and waxers employed by Respondent at the Brookings Institution Office Building at 1775 Massachusetts Avenue, N W , Washington , D C , excluding all other employ- ees, office clerical employees , guards , watch- men and supervisors as defined in the Act, as amended All building service workers , including porters, maids charwomen, scrubbers , and waxers employed by Respondent at the Riddell Build- ing, 1730 K Street, N W , Washington, D C, excluding all other employees , office clerical employees , guards , watchmen and supervisors as defined in the Act , as amended Avenue Office Building , 1025 Vermont Ave- nue, N W , Washington , D C , excluding all other employees , office clerical employees, guards , watchmen and supervisors as defined in the Act , as amended WE WILL NOT in any like or related manner interfere with , restrain , or coerce employees in the exercise of the right to self-organization, to form , loin, or assist Building Service Employees Union , Local 82, affiliated with Service Employees International Union , AFL-CIO, or any other labor organization , to bargain collectively through repre- sentatives of their own choosing , to engage in con- certed activities for the purpose of collective bar- gaining or other mutual aid or protection, or to refrain from any or all such activities , except to the extent that such right may be affected by an agreement requiring membership in a labor organiza- tion as a condition of employment , as authorized in Section 8(a)(3) of the National Labor Relations Act, as modified by the Labor-Management Report- ing and Disclosure Act of 1959 GENERAL MAINTENANCE SERVICE COMPANY, INC (Employer) All building service workers, including porters, maids, charwomen , scrubbers, and waxers employed by Respondent at the Public [Nation- al] Bank Office Building , 1430 K Street, N W , Washington , D C , excluding all other employ- ees, office clerical employees , guards , watch- men and supervisors as defined in the Act, as amended All building service workers, including porters, maids, charwomen , scrubbers , and waxers employed by Respondent at 1025 Vermont Dated By (Representative ) (Title) This is an official notice and must not be defaced by anyone This notice must remain posted for 60 consecutive days from the date of posting and must not be altered, defaced , or covered by any other material Any questions concerning this notice or compliance with its provisions may be directed to the Board ' s Office, Federal Building , Room 1019, Charles Center , Baltimore, Maryland 21201 , Telephone 301-962-2822 Copy with citationCopy as parenthetical citation