Pennsylvania American Water Company

National Labor Relations Board - Board Decisions

Feb 20, 2015

362 NLRB No. 18 (N.L.R.B. 2015)

362 NLRB No. 18
NOTICE: This opinion is subject to formal revision before publication in the
bound 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.
Pennsylvania American Water Company and Utility
Workers Union of America, System Local No.
537, AFL–CIO. Cases 06–CA–037197, 06–CA–
037198, 06–CA–037202, 06–CA–037241, and 06–
CA–037243
February 20, 2015
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND MCFERRAN
On June 28, 2013, the Board issued a Decision and
Order in this proceeding, which is reported at 359 NLRB
No. 142. At the time of the Decision and Order, the
composition of the Board included two persons whose
appointments to the Board had been challenged as consti-
tutionally infirm. On July 25, 2013, the Respondent filed
a motion for reconsideration challenging the validity of
the Board’s recess appointees. On June 26, 2014, the
United States Supreme Court issued its decision in NLRB
v. Noel Canning, 134 S.Ct. 2550 (2014), holding that the
challenged appointments to the Board were not valid.
Thereafter, the Board issued an order setting aside the
Decision and Order, and retained this case on its docket
for further action as appropriate.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, and the Respondent’s motion for
reconsideration, we have considered de novo the judge’s
decision and the record in light of the exceptions and
briefs.1 We have also considered the now-vacated Deci-
sion and Order, and we agree with the rationale set forth
therein. Accordingly, we affirm the judge’s rulings,
findings, and conclusions and adopt the judge’s recom-
mended Order to the extent and for the reasons stated in

1 The Respondent has requested oral argument. The request is de-
nied as the record, exceptions, and briefs adequately present the issues
and the positions of the parties.
the Decision and Order reported at 359 NLRB No. 142,
which is incorporated herein by reference.2
Dated, Washington, D.C. February 20, 2015
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Kent Y. Hirozawa, Member
______________________________________
Lauren McFerran, Member
(SEAL) 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 Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT threaten employees with discipline or
adverse consequences for honoring a picket line that is
not in violation of a contractual no-strike clause in the
labor agreement.
WE WILL NOT remove union communications from the
bulletin board in our facilities on which union communi-
cations are typically posted.

2 We shall substitute a new notice to conform with Durham School
Services, 360 NLRB No. 85 (2014).
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
WE WILL NOT threaten employees with adverse conse-
quences for posting union communications on bulletin
board space in our facilities on which union communica-
tions are typically posted.
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, upon request of the Union, repost the Janu-
ary 13, 2011 letter from Union President Kevin Booth to
Production Supervisor Dan Hufton on all bulletin boards
from which we removed the letter.
PENNSYLVANIA AMERICAN WATER COMPANY
The Board’s decision can be found at
www.nlrb.gov/case/06-CA-037197 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations
Board, 1099 14th Street, N.W., Washington, D.C. 20570, or
by calling (202) 273-1940.