Avondale Industries, Inc.

National Labor Relations Board - Board Decisions

Dec 19, 2001

337 N.L.R.B. 33 (N.L.R.B. 2001)

AVONDALE INDUSTRIES, INC. 33
Avondale Industries, Inc. and New Orleans Metal
Trades Council. Cases 15–CA–12171, et al.
December 19, 2001
SUPPLEMENTAL ORDER
BY CHAIRMAN HURTGEN AND MEMBERS LIEBMAN
AND WALSH
On November 29, 2001, at the request of the Respon­
dent and the Charging Party, the United States Court of
Appeals for the Fifth Circuit remanded to the Board its
decisions and orders in 329 NLRB 1064 (1999), Cases
15–CA–12171, et al. (Avondale I), and 333 NLRB 622
(2001), Cases 15–CA–14551, et al. (Avondale III).1 In
both Avondale I and III the Board found numerous and
varied violations of Section 8(a)(1), (3), and (4) of the
Act, and ordered that it take specific action to remedy
such unfair labor practices.
In Avondale I, in addition to traditional remedies, the
Board found it necessary to impose special remedies to
eliminate the effects of the Respondent’s widespread,
serious and pervasive unfair labor practices. The special
remedies required Respondent to mail, publish, and read
the Notice to Employees; on request by the Union within
1 year, provide the Union with the names and addresses
of current employees; and accord the Union certain types
of access and equal time opportunities for a period of 2
years. In Avondale III, the Board adopted the adminis­
trative law judge’s recommendation rejecting special
remedies because they would be superfluous and, with
respect to access, unnecessary as Respondent had recog­
nized the Union.2
1 Avondale II, involves a July 6, 2001 decision issued by Administra­
tive Law Judge Philip P. McLeod in Cases 15–CA–12639, et al. The
parties in that matter entered into a formal settlement stipulation that
the Board has approved separately today.
2 Pursuant to a card check agreement, which resulted in Avondale’s
recognition of the Union, Avondale effectively satisfied the require-
Subsequent to the issuance of these decisions, Respon­
dent sought review of the Board’s Orders in Avondale I
and III in the U.S. Court of Appeals for the Fifth Circuit.
While these cases were pending in the Fifth Circuit, the
parties reached an agreement reputedly resolving all is-
sues in Avondale I, II, and III. On November 29, 2001,
the Court remanded Avondale I and III to the Board for
consideration of the agreement.
With respect to Avondale I and III specifically, the
agreement provides for the full remedy noted in those
decisions directing the reinstatement for all discharged
and transferred discriminatees, the hire of one applicant,
removal from personnel files of any and all references to
the unlawful discharges, transfers and suspensions, and
rescission of all warning notices. The Agreement pro­
vides for one Notice to Employees combining the notice
provisions of Avondale I, II, and III with minor modifica­
tions. The agreement also requires Respondent to pay a
compromise lump sum backpay of $2,150,274 for all
three Avondale proceedings.
Finally, the Joint Motion requests the Board to modify
its Order in Avondale I by eliminating the special reme­
dies provided in paragraphs 2(p) through 2(w) of the
Order (329 NLRB 1064 at 1071 [1999]).
As the Charging Party agrees with all aspects of the
settlement and the General Counsel does not object, and
as the settlement effectuates the purposes and policies of
the Act, the Joint Motion of Parties for Approval of Set­
tlement Agreement is approved. Accordingly, the
Board’s Order in Avondale I, 329 NLRB 1064 at 1071
(1999), is modified by eliminating the special remedies,
paragraphs 2(p) through 2(w).
ment that it provide certain names and addresses of its employees to the
Union.
337 NLRB No. 15