Old Castle Building Envelope

National Labor Relations Board - Board Decisions

Jul 19, 2012

16-CA-027988 (N.L.R.B. Jul. 19, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OLD CASTLE BUILDING ENVELOPE, INC.
and Cases 16-CA-027988
16-CA-066100
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION, AFL-CIO
DECISION AND ORDER
Statement of the Cases
On July 12, 2012, Old Castle Building Envelope, Inc. (the Respondent),1 United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, AFL-CIO (the Union), and the Acting General Counsel of
the National Labor Relations Board entered into a Formal Settlement Stipulation,
subject to the Board’s approval, providing for the entry of a consent order by the Board
and a consent judgment by any appropriate United States Court of Appeals. The
parties waived all further and other proceedings before the Board to which they may be
entitled under the National Labor Relations Act, as amended, and the Board’s Rules
and Regulations, and the Respondent waived its right to contest the entry of a consent
judgment or to receive further notice of the application therefor.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following:
Findings of Fact
1. The Respondent’s business
The Respondent is a corporation with an office and place of business in Terrell,
Texas, where it is engaged in the manufacture and sale of architectural framing systems

1 The Formal Settlement Stipulation states that “[f]or purposes of this settlement
agreement, the term 'Respondent' shall refer to and include only the Old Castle
Building Envelope, Inc. Terrell, Texas facility.”
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for office buildings, office campuses, medical buildings, and other retail and commercial
complexes.
In conducting its business operations at the Terrell facility during the one-year
period ending December 31, 2011, the Respondent purchased and received goods
valued in excess of $50,000 directly from points outside the State of Texas.
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
The Union is a labor organization within the meaning of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that:
The Respondent, Old Castle Building Envelope, Inc., Terrell, Texas, its officers,
agents, successors, and assigns shall:
1. Cease and desist from:
(a) Promulgating and maintaining an overly broad rule that unlawfully limits
employees’ access to the Respondent’s property.
(b) Promulgating and maintaining an overly broad rule that unlawfully limits
employees’ distribution of literature on the Respondent’s property.
(c) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of the rights guaranteed to them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Read the notice to the employees at its Terrell, Texas facility during
worktime.
(b) Rescind the unlawful access and distribution rules and notify employees at its
Terrell, Texas facility in writing that they have done so.
(c) Within 14 days of service by the Region, post at its Terrell, Texas
facility copies of the attached notice marked “Appendix A.” Copies of the notice, on
forms provided by Region 16, after being signed by the Respondent’s authorized
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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. The Respondent will take reasonable steps to ensure that the
notices are not altered, 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 facility involved in these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all current employees and former
employees employed by the Respondent at any time since April 20, 2011.
(c) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
Dated, Washington, D.C., July 19, 2012
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Brian E. Hayes, Member
___________________________________
Richard F. Griffin, Jr., Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER AND A
CONSENT JUDGMENT OF ANY APPROPRIATE UNITED STATES COURT OF
APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with employers on your behalf;
Act together with other employees for your benefit and
protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to interfere with these rights.
WE WILL NOT remove union literature from employee break areas.
WE WILL NOT create or maintain overly broad rules that unlawfully limit employees’
access to the Company’s premises.
WE WILL NOT create or maintain overly broad rules that unlawfully limit employees’
distribution of literature on the Company’s premises.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed to you by Section 7 of the Act.
WE WILL permit employees to leave union literature in employee break areas and other
non-working areas of our premises.
WE WILL rescind the overly broad rule that unlawfully limits non-working employees’
presence on the Company’s premises.
WE WILL rescind the overly broad rule that unlawfully limits employees’ distribution of
literature on the Company’s premises in nonworking areas during nonworking time.
All of our employees are free to become or remain, or to refrain from becoming or
remaining, members of the United Steelworkers Union, or any other labor organization.
OLD CASTLE BUILDING ENVELOPE, INC.