Green Bay Area Visitor

National Labor Relations Board - Board Decisions

Mar 18, 1999

327 N.L.R.B. 150 (N.L.R.B. 1999)

327 NLRB No. 150
1
NOTICE: This opinion is subject to formal revision before publication in the
Board volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Green Bay Area Visitor & Convention Bureau and
United Food and Commercial Workers Union
Local 73A, affiliated with the United Food and
Commercial Workers International Union,
AFL–CIO–CLC. Case 30–CA–14547
March 18, 1999
DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND BRAME
Pursuant to a charge filed on December 30, 1998, the
General Counsel of the National Labor Relations Board
issued a complaint on January 27, 1999, alleging that the
Respondent has violated Section 8(a)(5) and (1) of the
National Labor Relations Act by refusing the Union’s
request to bargain and to furnish information following
the Union’s certification in Case 30–RC–6032. (Official
notice is taken of the “record” in the representation pro-
ceeding as defined in the Board’s Rules and Regulations,
Secs. 102.68 and 102.69(g); Frontier Hotel, 265 NLRB
343 (1982).) The Respondent filed an answer admitting
in part and denying in part the allegations in the com-
plaint.
On February 16, 1999, the General Counsel filed a
Motion for Summary Judgment. On February 18, 1999,
the Board issued an order transferring the proceeding to
the Board and a Notice to Show Cause why the motion
should not be granted. The Respondent filed a response.
The Charging Party filed a brief in support of the Motion
for Summary Judgment.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent admits its refusal to bar-
gain and to furnish information, but attacks the validity
of the certification on the basis of the Board’s unit de-
termination in the representation proceeding.
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding. The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the representation proceeding. We
therefore find that the Respondent has not raised any
representation issue that is properly litigable in this un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941).1

1 We also find no merit in the Respondent’s contention that the com-
plaint does not comply with applicable statutes of limitations. The
Respondent provides no information concerning this contention, and
We also find that there are no factual issues requiring a
hearing with respect to the Union’s request for informa-
tion. The Union requested the following information
“for the previous twenty-four (24) month period ending
November 13, 1998, as it pertains to the bargaining unit
employees”:
A list of current employees, including their names,
dates of hire, rates of pay, job classification, last known
address, phone number, date of completion of any pro-
bationary period, and social security number.
A copy of all current company personnel policies,
practices, or procedures.
A statement and description of all company personnel
policies, practices or procedures other than those men-
tioned in Number 2 above.
A copy of all company fringe benefit plans including
pension, profit sharing, severance, stock incentive, va-
cation, health and welfare, training, legal services,
Child care or any other plans which relate to the em-
ployees.
Copies of all current job descriptions.
Copies of any company wage or salary plans.
Copies of all disciplinary notices, warnings or records
of disciplinary personnel actions for the last year.
The Respondent’s answer admits that the Respondent
refused to provide this information to the Union, but de-
nies that the information requested is necessary and rele-
vant to the Union’s duties as the exclusive bargaining
representative of the unit employees. However, it is well
established that, with the exception of the employees’
social security numbers requested in paragraph 1,2 the
requested information is presumptively relevant and must
be furnished on request. See Trustees of Masonic Hall,
261 NLRB 436 (1982), and Mobay Chemical Corp., 233
NLRB 109 (1977).
Accordingly, we grant the Motion for Summary Judg-
ment and will order the Respondent to bargain and to
furnish the requested information with the exception of
employee social security numbers.
On the entire record, the Board makes the following

we note that the unfair labor practice charge and complaint allegations
are consistent with the time provisions of Sec. 10(b) of the Act.
2 See Sea-Jet Trucking Corp., 304 NLRB 67 (1991). Accordingly,
the employee social security numbers allegation is remanded to the
Regional Director for further appropriate action.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a nonstock non-
profit corporation, has been engaged in the business of
operating the Expo Center and promoting tourism in the
Green Bay area from its place of business in Green Bay,
Wisconsin.
During the calendar year ending 1998, the Respondent,
in conducting its operations, provided services valued in
excess of $50,000 to businesses located outside the State
of Wisconsin.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held October 6, 1998, the Un-
ion was certified on December 11, 1998, as the exclusive
collective-bargaining representative of the employees in
the following appropriate unit:
All full-time and regular part-time setup, cleanup and
maintenance employees employed by the Green Bay
Area Visitor & Convention Bureau, Inc., at the Brown
County Veterans Memorial Arena and Exposition
Center complex, Green Bay, Wisconsin; excluding of-
fice clerical, sales security, rescue and managerial em-
ployees, car parkers, ushers, stage employees, service
representatives, door persons, tour escorts, employees
of Promotional Management, Inc., temporary agency
employees, guards, and supervisors as defined in the
Act, and all other employees.
The Union continues to be the exclusive representative un-
der Section 9(a) of the Act.
B. Refusal to Bargain
Since November 13, 1998, the Union has requested the
Respondent to bargain and to furnish information, and,
since November 20, 1998, the Respondent has refused.
We find that this refusal constitutes an unlawful refusal
to bargain in violation of Section 8(a)(5) and (1) of the
Act.
CONCLUSION OF LAW
By refusing on and after November 20, 1998, to bar-
gain with the Union as the exclusive collective-
bargaining representative of employees in the appropriate
unit and to furnish the Union requested information, the
Respondent has engaged in unfair labor practices affect-
ing commerce within the meaning of Section 8(a)(5) and
(1) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(5) and (1) of the Act, we shall order it to cease and
desist, to bargain on request with the Union and, if an
understanding is reached, to embody the understanding
in a signed agreement. We also shall order the Respon-
dent to furnish the Union the information requested with
the exception of employee social security numbers.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by the law, we shall construe the initial period of the cer-
tification as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Green Bay Area Visitor & Convention Bu-
reau, Green Bay, Wisconsin, its officers, agents, succes-
sors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with United Food and Com-
mercial Workers Union Local 73A, affiliated with the
United Food and Commercial Workers International
Union, AFL–CIO–CLC as the exclusive bargaining rep-
resentative of the employees in the bargaining unit, and
refusing to furnish the Union information that is relevant
and necessary to its role as the exclusive bargaining rep-
resentative of the unit employees.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, bargain with the Union as the exclusive
representative of the employees in the following appro-
priate unit on terms and conditions of employment and, if
an understanding is reached, embody the understanding
in a signed agreement:
All full-time and regular part-time setup, cleanup and
maintenance employees employed by the Green Bay
Area Visitor & Convention Bureau, Inc., at the Brown
County Veterans Memorial Arena and Exposition
Center complex, Green Bay, Wisconsin; excluding of-
fice clerical, sales security, rescue and managerial em-
ployees, car parkers, ushers, stage employees, service
representatives, door persons, tour escorts, employees
of Promotional Management, Inc., temporary agency
employees, guards, and supervisors as defined in the
Act, and all other employees.
GREEN BAY AREA VISITOR & CONVENTION BUREAU 3
(b) Furnish the Union information that it requested on
November 13, 1998, with the exception of employee
social security numbers.
(c) Within 14 days after service by the Region, post at
its facility in Green Bay, Wisconsin, copies of the at-
tached notice marked “Appendix.”
3
Copies of the notice,
on forms provided by the Regional Director for Region
30 after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material. In the
event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facil-
ity involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at any time since November
20, 1998.
(d) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. March 18, 1999
Sarah M. Fox, Member
Wilma B. Liebman, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
MEMBER BRAME, dissenting.
In the underlying representation proceeding, I dis-
sented from my colleagues’ denial of the Employer’s
request for review of the Regional Director’s Decision
and Direction of Election, in which he found events and
operations supervisors to be employees and not statutory
supervisors and, therefore, eligible to vote. Accordingly,
I dissent here from my colleagues’ granting the General
Counsel’s Motion for Summary Judgment and their

3 If 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
finding that the Employer violated Section 8(a)(5) and
(1) of the Act.
Dated, Washington, D.C. March 18, 1999
J. Robert Brame III, Member
NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT refuse to bargain with United Food and
Commercial Workers Union Local 73A, affiliated with
the United Food and Commercial Workers International
Union, AFL–CIO–CLC as the exclusive representative
of the employees in the bargaining unit, and WE WILL
NOT refuse to furnish the Union information that is rele-
vant and necessary to its role as the exclusive bargaining
representative of the unit employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, on request, bargain with the Union and put
in writing and sign any agreement reached on terms and
conditions of employment for our employees in the bar-
gaining unit:
All full-time and regular part-time setup, cleanup and
maintenance employees employed by the Green Bay
Area Visitor & Convention Bureau, Inc., at the Brown
County Veterans Memorial Arena and Exposition
Center complex, Green Bay, Wisconsin; excluding of-
fice clerical, sales security, rescue and managerial em-
ployees, car parkers, ushers, stage employees, service
representatives, door persons, tour escorts, employees
of Promotional Management, Inc., temporary agency
employees, guards, and supervisors as defined in the
Act, and all other employees.
WE WILL furnish the Union information that it re-
quested on November 13, 1998, with the exception of
employee social security numbers.
GREEN BAY AREA VISITOR & CONVENTION BUREAU