Mount Vernon College

National Labor Relations Board - Board DecisionsJan 13, 1981

254 N.L.R.B. 90 (N.L.R.B. 1981)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mount Vernon College and Mount Vernon College Chapter of the American Association of Univer- sity Professors. Case 5-CA-8799 January 13, 1981 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENELLO AND ZIMMERMAN On April 25, 1978, the National Labor Relations Board issued its Decision and Order' in the above- entitled proceeding, finding that Respondent violat- ed Section 8(a)(5) and (1) of the Act by refusing to bargain with the Union as the certified exclusive bargaining representative of its employees in an ap- propriate unit of teaching faculty. The Board there- fore ordered Respondent to cease and desist from such unlawful conduct and, upon request, to bar- gain collectively with the Union with respect to rates of pay, wages, hours, and other terms and conditions of employment of unit employees, and, if an understanding is reached, to embody such un- derstanding in a signed agreement. On May 7, 1980, the United States Court of Ap- peals for the District of Columbia, in an unpub- lished decision, found that the Board's Order is en- titled to enforcement. Thereafter, Respondent noti- fied the General Counsel that it had received a dis- claimer of interest from the Union and asked that the Board delete the name of the Union from its Decision and Order, and revoke the Union's certifi- cation based on the disclaimer. On October 3, 1980, the General Counsel filed a motion to Amend the Board's Order in the above-entitled proceeding, re- questing that the Board delete the name of the Union and revoke the Union's certification based upon an unequivocal disclaimer of interest by the Union. In addition, the General Counsel requested that the Board amend its Order to require Respon- dent to bargain with any duly certified representa- tive of its employees in the designated appropriate unit. The Respondent and the Union were duly served with copies of the General Counsel's Motion; however, no responses were filed by either party. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has duly considered the General Counsel's Motion and has decided to amend its bar- gaining Order, by deleting the name of the Union and requiring instead that Respondent bargain with any duly certified representative of its employees in l 235 NLRB 1130. 254 NLRB No. 17 the designated appropriate unit. In addition, we shall revoke the Union's certification in view of the Union's disclaimer of interest. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board affirms its original Order, reported at 235 NLRB 1130 (1978), as modified below: 1. Substitute the following for paragraph l(a) of the Board's original Order: "(a) Refusing to bargain collectively concerning rates of pay, wages, hours, and other terms and conditions of employment with any duly certified representative of its employees in the following ap- propriate unit: "All full-time members of the teaching fac- ulty, part-time members of the teaching faculty who formerly were full-time members of the teaching faculty, including the director of the Learning Resource Center, but excluding the academic advisor-career counselor, the presi- dent, vice president, dean, directors, assistant directors, office of registrar employees, media technicians and aides, administrative assistants, teaching assistants, and all other administrative and support personnel, guards and supervisors as defined in the Act." 2. Substitute the following for paragraph 2(a): "(a) Upon request, bargain with any duly certi- fied representative of all employees in the aforesaid appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such understanding in a signed agree- ment." 3. Add the following paragraph to the Board's original Order: "IT IS FURTHER ORDERED that the certification issued on April 29, 1977, as amended on August 26 and 31, 1977, certifying the Mount Vernon College Chapter of the American Association of University Professors as the collective-bargaining representa- tive of employees in the following unit at Respon- dent's location at Washington, District of Colum- bia, be, and it hereby is, revoked: "All full-time members of the teaching fac- ulty, part-time members of the teaching faculty who formerly were full-time members of the teaching faculty, including the director of the Learning Resource Center, but excluding the academic advisor-career counselor, the presi- dent, vice president, dean, directors, assistant directors, office of registrar employees, media technicians and aides, administrative assistants, 90 MOUNT VERNON COLLEGE teaching assistants, and all other administrative and support personnel, guards and supervisors as defined in the Act." 4. Substitute the attached notice for that original- ly ordered to be posted. 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 concerning rates of pay, wages, hours, and other terms and conditions of employment with any duly certified representative of the employees in the bargaining unit described below. WE WILL NOT in any like or related manner interfere with, restrain, or coerce our employ- ees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL, upon request, bargain with any duly certified representative of all employees in the bargaining unit described below, with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, embody such understanding in a signed agreement. The bargaining unit is: All full-time members of the teaching fac- ulty, part-time members of the teaching fac- ulty who formerly were full-time members of the teaching faculty, including the direc- tor of the Learning Resource Center, but ex- cluding the academic advisor-career coun- selor, the president, vice president, dean, di- rectors, assistant directors, office of registrar employees, media technicians and aides, ad- ministrative assistants, teaching assistants, and all other administrative and support per- sonnel, guards and supervisors as defined in the Act. MOUNT VERNON COLLEGE 91