United Technologies Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1987

285 N.L.R.B. 611 (N.L.R.B. 1987)

UNITED TECHNOLOGIES CORP 611
United Technologies Corporation and District Lodge
91, International Association of Machinists and
Aerospace Workers, AFL-CIO. Case 39-CA-
2157
31 August 1987
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND CRACRAFT
On 19 May 1986 the National Labor Relations
Board issued its Decision and Order in this pro-
ceeding in which it dismissed the complaint.' The
complaint alleged that the Respondent had violated
Section 8(a)(1) of the Act by maintaining and en-
forcing a sign display rule that prohibited employ-
ees from engaging in protected union activity in
nonwork areas on nonwork times. Thereafter, the
Charging Party filed a petition for review of the
Board's Decision and Order with the United States
Court of Appeals for the Second Circuit.2 On 24
March 1987 the court granted the petition for
review, vacated the Board's Order, and remanded
the case for "entry of an appropriate cease and
desist order consistent with [the court's] view that
on these stipulated facts enforcement of the sign-
display rule violated section 8(a)(1) of the Act."3
On 24 June 1987 the Board notified the parties
that it had accepted the remand from the court of
appeals and invited the parties to submit statements
of position regarding the remand issues on or
before 9 July 1987.4 On 9 July 1987 the General
Counsel filed a statement of position.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Having accepted the remand, the Board must ob-
serve the court's opinion as the law of the case
and, necessarily, its judgment that the Respondent
violated Section 8(a)(1) of the Act. Accordingly,
we issue the following Order.
ORDER
The National Labor Relations Board orders that
the Respondent, United Technologies Corporation,
Southington, Connecticut, its officers, agents, suc-
cessors, and assigns, shall
' 279 NLRB 973
2 814 F 2d 876 (2d Cir 1987)
' Id at 882-883
° The Board denied the Respondent's motion filed on 9 July 1987 for
an extension of time within which to file a statement of position
1. Cease and desist from
(a) Maintaining and enforcing a sign display rule
that prohibits employees from engaging in protect-
ed union activity in nonwork areas on nonwork
times.
(b) In any like or related manner interfering
with, restraining , or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Post at its facility in Southington, Connecti-
cut, copies of the attached notice marked "Appen-
dix."5 Copies of the notice, on forms provided by
the officer-in-charge for Subregion 39, after being
signed by the Respondent's authorized representa-
tive, shall be posted by the Respondent immediate-
ly upon receipt and maintained for 60 consecutive
days in conspicuous places including all places
where notices to employes are customarily posted.
Reasonable steps shall be taken by the Respondent
to ensure that the notices are not altered, defaced,
or covered by any other material.
(b) Notify the officer in charge in writing within
20 days from the date of this Order what steps the
Respondent has taken to comply.
5 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading "Posted by Order of the Nation-
al Labor Relations Board" shall read "Posted Pursuant to a Judgment of
the United States Court of Appeals Enforcing an Order of the 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 the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT maintain and enforce a sign dis-
play rule that prohibits you from engaging in pro-
tected union activity in nonwork areas on nonwork
times.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
UNITED TECHNOLOGIES CORPORATION
285 NLRB No. 82