Siebler Heating & Air Conditioning, Inc., et al.

National Labor Relations Board - Board DecisionsAug 24, 1976

225 N.L.R.B. 1044 (N.L.R.B. 1976)

1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Siebler Heating & Air Conditioning , Inc., et al.;' Sie- bier Heating & Air Conditioning , Inc., et al.;-2 Sie- bier Heating & Air Conditioning, Inc.; Frazier- Schurkamp, Inc.; Nelson Heating & Air Condition- ing Co . and Sheet Metal Workers ' International Association , Local No. 3. Cases 17-CA-6104, 17- CA-6130, 17-CA-6145, 17-CA-6156, and 17- CA-6194 August 24, 1976 SUPPLEMENTAL DECISION AND ORDER By CHAIRMAN MURPHY AND MEMBERS JENKINS AND PENELLO On August 14, 1975, the National Labor Relations Board issued a Decision and Order in the above-enti- tled proceeding' which, inter alia, adopted the Ad- ministrative Law Judge's recommended Order that Respondents pay into the benefit funds 4 provided for in the collective-bargaining agreement between the Sheet Metal and Air Conditioning Contractors' National Association of Omaha-Council Bluffs, here- in called SMACNA, and Charging Party, such sums as would have been paid on behalf of Respondents' employees absent the unlawful lockout from July 1 to 10, 1974, and absent the unlawful unilateral change in job classifications and wage rates. On May 26, 1976, the General Counsel filed an unopposed motion for modification and clarification of the Board's Decision and Order. In his motion the General Counsel states that Respondents have taken the position that their obligations with respect to payments into the National Training Fund and the Local Training Fund were required only for the peri- od of the unlawful lockout,' rather than for the dura- tion of the contract term, and requests that the Board clarify its Order so as to provide that Respondents are to make whole all benefit funds, including the National Training Fund and the Local Training Fund, for any payments improperly not made into them at any time since July 1, 1974, and during the term of the collective-bargaining agreement between Charging Party and SMACNA effective July 1, 1974. 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 considered the General Counsel's motion and concludes that it has merit. Accordingly, we shall grant the motion and clarify our Order, as requested. ORDER It is hereby ordered that Respondents make whole all benefit funds, including the National Training Fund and the Local Training Fund, for any pay- ments improperly not made into them at any time since July 1, 1974, and during the term of the collec- tive-bargaining agreement between Charging Party and SMACNA effective July 1, 1974. i Includes, in addition to Siebler , Interstate Sheet Metal , Inc, Donovan Brothers , Inc, Schneiderwind Heating & Air Conditioning Co , Walt Co- ziahr Heating & Air Conditioning, Inc , Fisher Heating & Air Conditioning Co , Nelson Heating & Air Conditioning Co , and Roberts Sheet Metal Co 2 Includes Frazier-Schurkamp, Inc, in addition to those eight companies listed in In I '219 NLRB 1124 (1975) 4 The contract provides that contributions shall be made into a National Training Fund and a Local Training Fund in addition to Health and Wel- fare and Pension Funds 5 Specifically, the General Counsel states that Respondents have refused to comply fully with sec B , 2, (a) and C, 2, (b) of the Order 225 NLRB No. 152