United Automoblie, Aerospace and Agricultural Implement WorkersDownload PDFNational Labor Relations Board - Board DecisionsNov 17, 1978239 N.L.R.B. 312 (N.L.R.B. 1978) Copy Citation DECISIONS OF NAI IONAL. LABOR RELATIONS BOARD United Automobile, Aerospace and Agricultural Im- plement Workers of America, UAW, and its IA)cal Union No. 552 and Delavan Corporation. Cases 18 C13 823 and 18 C('B 843 November 17, 1978 DECISION ANI) ORI)ER BY MIMBI: RS JI NKINS. Mt RPIIY. ANI) TRI I SDAI 1: On June 28, 1978, Administrative Law Judge Rich- ard L. Denison issued the attached Decision in this proceeding. Thereafter, Respondents filed exceptions and a supporting brief. Pursuant to the provisiont; 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 record and the at- tached Decision in light of the exceptions and brief and has decided to affirm the rulings, findings.' and conclusions of the Adminisi ative Law Judge and to adopt his recommended Or 'er,2 as modified herein. ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Re- lations Board adopts as its Order the recommended Order of the Administrative Law Judge, as modified below, and hereby orders that the Respondents, United Automobile, Aerospace and Agricultural Im- plement Workers of America, UAW, and its Local Union No. 552, their officers, agents, and representa- tives, shall take the action set forth in the said recom- mended Order, as so modified: I. Substitute the following for paragraph 1: "The Respondents, United Automobile, Aero- space and Agricultural Implement Workers of Amer- ica, UAW, and its Local Union No. 552, their offi- cers, agents, and representatives, shall: "I. Cease and desist from: "(a) Assaulting and physically injuring employees, throwing objects at employees and vehicles, threaten- ing bodily harm and property damage, damaging ve- hicles and company property, spreading nails on driveways and approaches to driveways, and engag- ing in mass picketing, blocking, preventing, and at- tempting to prevent ingress to or egress from the plant of Delavan Corporation. "(b) In any other manner restraining or coercing any employee in the exercise of the rights guaranteed in Section 7 of the Act." 2. Substitute the attached notice for that of the Administrative Law Judge. Reipondeints h;lae excepted ti certain tredihil r, fildings made hb the ,'dniiniltra,te li .u Judge It is the Board's estabhished porlic) nol to ver lrle Lri Adlrinslrlit:. I.,, i.lude',s resolutions '.ith respect t, credlhillh' uinlRs. the tleir prrepondelrllce of all .f the rlev\ilnt esidetlce c,nvilne.s us that the ei,olutins ire incoriect Srta,hird Dri laIll Pr,dti I, In.. 91 NiRB s44 (1950). enfd 188 1 .2d 362 (3d ( ir 1951) We huie c.arefulls cxilmnned the record and find it, hbasis for reersing his findings Ihe dtic liimlratlve I iat Judge included in his notice a broad provision Ieilllrlllg the Respondents to cease and desist rrum in any other manner rerstrallilg i, coercng enplplcs in the exercise ,of rights guaranteed theti in Sec 7 of the Act. hut he inad ertentl} omitted this prolslon front hi, reconmmended Order. Such a; prolision is appropriate in view ,of the serious and extensive nature of the infrair practices omitted ouer i1 long period of timnte .4Aalag, iotlcd ,featr ( ulte(r nd Lutll her HorA.men If ,'rth .4Arler, a. and I l.,, l 222 tlo* BIef Pr,,(esors. ln, . 233 NI.RB 839 (1977): I.oeal 24&,J Ieu & A llied Fid rf I r s e affilirated itrh .4A nalgainael d leatr ( ulierr and Blul ltc he li orrien if N'ot,,h .4Amen, ,1r . .4l ( 10 (MilwaueUAl, Independent 'uerat Pa, A, A vsociatlronl) 222 N.RB 1023 (1976). Memher i ruesdale does nl agree that a broad cease-and-desist provision is .arrantetd sith respect to Respondent Internat,,nal in the circumstances here in which its represenltatie ,Copy with citationCopy as parenthetical citation