Huck Manufacturing Co.

National Labor Relations Board - Board DecisionsMar 20, 1981

255 N.L.R.B. 170 (N.L.R.B. 1981)

170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Huck Manufacturing Company and United Steel- workers of America, AFL-CIO. Cases 16-CA- 8514, 16-CA-8604, and 16-CA-89941 March 20, 1981 SUPPLEMENTAL DECISION AND ORDER On January 26, 1981, the National Labor Rela- tions Board issued a Decision and Order in Cases 16-CA-8514 and 16-CA-8604, 2 adopting as modi- fied the recommended Decision of Administrative Law Judge Russell L. Stevens, finding that the Re- spondent had violated Section 8(a)(l), (3), and (5) of the National Labor Relations Act, as amended, and ordering the Respondent to take certain action to remedy the unfair labor practices. While Cases 16-CA-8514 and 16-CA-8604 were being considered by the Board, Case 16-CA-8994, involving the same parties, came to hearing before Administrative Law Judge Richard D. Taplitz, and the parties reached a settlement stipulation in that case. The stipulation provided that if the Board should adopt the 8(a)(5) and (1) findings in the rec- ommended Order of Administrative Law Judge Stevens, the Board should add to its order a provi- sion that the Respondent cease and desist, in the absence of impasse, unilaterally instituting a partic- ular dental plan and a wage increase. The stipula- tion also provided that no further action should be taken in Case 16-CA-8994, and requested the Ad- ministrative Law Judge to submit the stipulation to the Board with the recommendation that it be ap- proved. Thereafter, Administrative Law Judge Ta- plitz issued an order transferring Case 16-CA-8994 to the Board, and recommending that the case be consolidated with Cases 16-CA-8514 and 16-CA- 8604, and that the settlement stipulation be ap- proved. On February 17, 1981, the Charging Party filed a motion requesting the Board to modify its Decision and Order of January 26, 1981, in light of the set- tlement stipulation. The Board has considered the recommendation of Administrative Law Judge Taplitz, the Charging Party's motion, and the settlement stipulation, and has decided to approve the settlement stipulation and modify the Order of January 26, 1981.3 ' The caption reflects the consolidation of Case 16-CA-8994 with Cases 16-CA-8514 and 16-CA-8604, provided for in this Supplemental Decision and Order. 2 254 NLRB No. 88. 3 Nothing in the Order, however, shall be construed to require the Re- spondent to revoke any benefits previously granted. 255 NLRB No. 25 ORDER The National Labor Relations Board hereby orders that: 1. Case 16-CA-8994 is consolidated with Cases 16-CA-8514 and 16-CA-8604. 2. The settlement stipulation in Cases 16-CA- 8994 is approved. 3. The Decision and Order issued in Cases 16- CA-8514 and 16-CA-8604, dated January 26, 1981, is modified to substitute the following paragraph for paragraph l(c) of the Order: "(c) Violating Section 8(a)(5) and (1) of the Act by: failing and refusing to bargain with the Union in good faith; bargaining directly with employees on matters subject to collective bargaining; unilat- erally implementing portions of its previous offers made during negotiations with the Union in the ab- sence of an impasse in negotiations; unilaterally in- creasing the wage rate paid employees who did not strike for work on May 14 through May 18; in the absence of impasse unilaterally instituting a dental plan, effective January 1, 1980, for the benefit of its employees in the appropriate bargaining unit, and unilaterally increasing the wages of its employees in the appropriate bargaining unit, effective Febru- ary 4, 1980, by 5 percent; failing and refusing to negotiate with the Union on the subject of arbitra- tion; and insisting that any contract with the Union be for a term of less than I year." 4. The attached notice, incorporating the modifi- cation of the Order set out in paragraph 3 above, is substituted for the notice attached to the Decision and Order dated January 26, 1981. APPENDIX NOTICE To EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government After a hearing at which all sides had an opportu- nity to present evidence and state their positions, the National Labor Relations Board found that we have violated the National Labor Relations Act, as amended, and has ordered us to post this notice. WE WILL NOT violate Section 8(a)(1) of the National Labor Relations Act by: disparaging and reprimanding employees for engaging in a lawful strike; telling employees that those who struck on May 15, 1979, would be paid less for working May 14 than employees who did not strike; threatening permanently to replace em- ployees immediately if they engage in a strike; harassing employees because they engaged in a lawful strike; and paying employees who re- HUCK MANUFACTURING CO. 171 frained from engaging in strike activities at double their usual pay rate for work on May 14 through 18, 1979. WE WILL NOT violate Section 8(a)(3) and (1) of the Act by paying employees who were on strike from May 15 through May 18, 1979, for work on May 14 at rates below those paid nonstriking employees who worked on May 14. Those employees who were on strike May 15 through May 18, 1979, are: John Henry May James D. Meadows Camille Minns Tom J. Moore Jimmie D. Nitichla Johnny Northcutt O. C. Pierce S. L. Pimpton Luther Pimpton, Jr. David L. Ramos Jim D. Reed, Jr. Rich McGaugh David Marshall Tony Riojas Tommy Wilhite Jerald Russel Jimmy Dickson Roy Clemons Gerry Bush J. E. Hanks Victor Martin Donald Campbell Lonnie WalkerMike Adams Dennis J. Ayers Richard Benton Darleen Brinkley Robert D. Brown Artia (Pete) L. Brown Billy Brown Marie Bolden Orville Eugene Chappell James L. Chism Gene Claridy Ben Cunningham Palmer N. Collier William Roger Daive Michael R. Denny Mike Domingnez Vernon Ray Drakes Norbert Fetsch Marle Gardy Billy Grobe G. T. Hendrix Dole Huricuf Rose M. Hughes Tom Hughes William E. Keton, Jr. Aaron Lang George Ernest Lehrmann Greg Lglehart Llyod W. Lowry Mike Luxfan George D. McFarland John P. McGaugh Michael J. McGaugh Leonard McLennan J. T. McLearaen Rusty Mashburn Robert Reesing Tom Ross Kenneth W. Bolden Kenneth Ruth Roy Rutkoski Ray Salazor Maximiliaus Santana Larry H. Sligel Michael J. Smith Rubbie Sterling Morris L. Steward Jack Stone, Jr., "W. D." Kin Sydow D. L. Thompson Frances F. Venable Ronnie Walker Johnnie Mae Walker C. W. Wendt Jr. Jerry Wilson III Robert L. Wright Ralph T. Andre Edwards Jimmy Thompson Bernice Danford James Hollingsworth Nino Santane Charlie Hughes Bob Barnes Linda Brewington Frankie Ingram Mike Jones Jack Reed Mark Tary Tom Askin Mike Saxton Gary Culverhouse Dale Herring WE WILL NOT violate Section 8(a)(5) and (1) of the Act by: failing and refusing to bargain with the Union in good faith; bargaining di- rectly with our employees on matters subject to collective bargaining; unilaterally imple- menting portions of our previous offers made during negotiations with the Union in the ab- sence of an impasse in negotiations; unilateral- ly increasing the wage rate paid employees who did not strike for work on May 14 through May 18; in the absence of impasse uni- laterally instituting a dental plan, effective Jan- uary 1, 1980, for the benefit of its employees in the appropriate bargaining unit, and unilateral- ly increasing the wages of its employees in the appropriate bargaining unit, effective February 4, 1980, by 5 percent; failing and refusing to negotiate with the Union on the subject of ar- bitration; and insisting that any contract with the Union be for a term of less than I year. The appropriate unit involved herein is: All production and maintenance employees at our Waco, Texas, plant, but excluding all office and clerical employees, professional and technical employees, guards, watchmen, and supervisors as defined in the Act. WE WILL NOT in any other manner interfere with, restrain, or coerce employees in the exer- cise of their Section 7 rights. WE WILL, upon request, bargain collectively in good faith with the Union as the exclusive representative of all employees in the appro- priate unit, described above, with regard to rates of pay, hours employment, and other terms and conditions of employment and, if an understanding is reached, embody such under- standing in a signed agreement. The collective- bargaining period will begin from the date when we commence to bargain in good faith, and the Union's certification will be extended for a period of I year from the date when we begin to bargain in good faith with the Union. HUCK MANUFACTURING CO. 171 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL make whole all of the above- named employees who were on strike from May 15 through May 18, 1979, but who worked May 14 and were paid at a lower pay scale than nonstriking ,employees who also worked May 14, by paying the strikers at the same rates of pay the nonstrikers were paid for work on May 14, with interest. In addition, we will pay the employees who were on strike an amount equal to the bonus paid nonstriking employees who worked May 15 through May 18, 1979, with interest. HUCK MANUFACTURING COMPANY