Raymond Buick, Inc.

National Labor Relations Board - Board Decisions

May 18, 1970

182 N.L.R.B. 504 (N.L.R.B. 1970)

504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Raymond Buick , Inc. and Local 259, United Automobile
Aerospace & , Agricultural Implement Workers of
America and Amalgamated Local Union 355 Party to
the Contract
Amalgamated [ Local Union 355 and Local 259 , United
'Automobile , Aerospace & Agricultural Implement
Workers of America and Raymond Buick , Inc. Party
to the Contract
Raymond Buick , Inc. and Michael Anzalone J Cases
29-CA-731, 29-CB-259, and 29-CA-773
May 18, 1970
SUPPLEMENTAL DECISION AND AMENDED
ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On December 17, 1968, the Board issued its Decision
and Order' in the above-entitled proceeding in which
it found Respondent-Employer in violation of Section
8(a)(1),(2), and (3) of the Act, and Respondent-Union
in violation of Section 8(b)(1)(A) and (2) of the Act.
The Board, adopting the Trial Examiner's Recommended
Order, ordered, inter alia , that the Company and the
Union, jointly and severally, reimburse all employees
for all initiation fees, dues, and other moneys unlawfully
collected from them pursuant to the nullified contract
and checkoff authorizations . The Company and the
Union filed exceptions specifically directed to that por-
tion of the Order. We have reexamined the original
Decision and Order, as well as the entire record in
the case, and conclude there is merit in Respondents'
exceptions. The Trial Examiner found, and the record
shows, that the union authorization cards signed by
employees James Pharo, James Richardson, Clarence
Merritt, Raymond Merritt, William Maas, and Robert
Lapple were obtained without supervisory influence or
coercion-and prior to the Company's unlawful recogni-
tion of the Union. In light of our past decisions holding
that such reimbursement be limited to those employees
whose payments are shown to have been made under
coercion,2 the remedy hereinbefore ordered is inappropri-
ate as to the aforementioned employees. We shall amend
the order accordingly. ,
AMENDED ORDER
Pursuant to Section 10(c) of the National Labor Rela-
tions Act, as amended, the National Labor Relations
Board amends its Order of December 17, 1968, as fol-
lows:
173 NLRB No. 199.
Meyers Bros of Missouri, 151 NLRB 889, 890-891; Lunardi Central
Distributing Co , 161 NLRB 1443, 1445, Mr Wicke Ltd Co , 172
NLRB No 181, in The Remedy section of that Decision , see also,
Lianco Container, 173 NLRB No 219, Cen-Vi-Ro Pipe Corp , 180
NLRB No 69
1. Delete paragraph A., 2(b) of the Board's Order
and substitute the following: ,
"(b) Reimburse the present and former employees
for all initiation fees, dues, and other moneys they
have been unlawfully required to pay Amalgamated
Local 355 by reason of Raymond Buick's enforcement
of its agreement of September 12, 1966, with Amalgamat-
ed Local 355 or the checkoff authorizations executed
by employees and former employees in favor of Amalga-
mated Local 355, with the exception of the following
employees: James Pharo, James Richardson, Clarence
Merritt, Raymond Merritt, William Maas, and Robert
Lapple. The reimbursement shall be made as provided
in the section of the Trial Examiner's Decision entitled
"The Remedy," and Raymond Buick shall be jointly
and severally liable therefore with Amalgamated Local
355. "
2. Delete paragraph B., 2(a) and substitute the follow-
ing: I
"(a) Reimburse the present and former employees
of Raymond Buick for all initiation fees, dues and
other moneys unlawfully exacted from them by reason
of Amalgamated Local 355's agreement with Raymond
Buick, dated September 12, 1966, or of the checkoff
authorizations executed by employees and former
employees in favor of Amalgamated Local 355, with
the exception of the following employees: James Pharo,
James Richardson, Clarence Merritt, Raymond Merritt,
William Maas, and Robert Lapple. The reimbursement
shall be made as provided in the section of the Trial
Examiner's Decision entitled "The Remedy," and Ray-
mond Buick shall be jointly and severally liable therefore
with Amalgamated Local 355."
3. The fifth indented paragraph of Appendix A is
amended to read as follows:
WE WILL reimburse our present and former
employees (with the exception of the following
employees: James Pharo, James Richardson, Clar-
ence Merritt, Raymond Merritt, William Maas, and
Robert Lapple) for all initiation fees, dues, and
other moneys exacted from them under the agree-
ment of September 12, 1966, with Local 355 or
under any checkoff authorizations executed by them
in favor off Local 355, plus interest thereon at
6 percent, being jointly and severally liable therefor
with Local 355.
4. The fourth indented paragraph'of Appendix B is
amended to read as follows:
WE WILL reimburse the present and former
employees (with the exception of the following
employees: James Pharo, Jaines Richardson, Clar-
ence Merritt, Raymond Merritt, William Maas, and
Robert Lapple) of Raymond Buick for all initiation
fees, dues, and other moneys exacted from them
under the agreement of September 12, 1966, with
Raymond Buick or under any checkoff authoriza-
tions they have executed in our favor, plus interest
thereon at 6 percent, being jointly and severally
liable therefor with Raymond Buick.
182 NLRB No. 71