CONSTELLIUM ROLLED PRODUCTS RAVENSWOOD, LLC

National Labor Relations Board - Unpublished Board Decisions

Oct 15, 2020

09-CA-255275 (N.L.R.B. Oct. 15, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CONSTELLIUM ROLLED PRODUCTS
RAVENSWOOD, LLC
and Cases 09-CA-255275
09-CA-257508
UNITED STEEL, PAPER AND FORESTRY, RUBBER 09-CA-257510
MANUFACTURING, ENERGY, ALLIED INDUSTRIAL 09-CA-257889
AND SERVICE WORKERS INTERNATIONAL UNION,
LOCAL 5668
DECISION AND ORDER
Statement of the Cases
On September 4, 2020, Constellium Rolled Products Ravenswood (the
Respondent); United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied
Industrial and Service Workers International Union, Local 5668 (the Charging Party or
Union); and the General Counsel of the National Labor Relations Board entered into a
Formal Settlement Stipulation, subject to the Board’s approval, providing for the entry of
a consent order by the Board. The parties waived all further and other proceedings
before the Board to which they may be entitled under the National Labor Relations Act
and the Board’s Rules and Regulations.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
The Respondent is a limited liability company with an office and place of
business in Ravenswood, West Virginia (“the Respondent’s facility”) and has been
engaged in the manufacture of rolled aluminum.
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During the 12-month period ending July 1, 2020, Respondent, in conducting its
operations described above, sold and shipped from Respondent’s facility, goods valued
in excess of $50,000 directly to points outside the State of West Virginia.
At all material times, Respondent has been an employer engaged in commerce
within the meaning of Section 2(2), (6) and (7) of the National Labor Relations Act.
2. The labor organization involved
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondent, Constellium Rolled
Products Ravenswood, LLC, Ravenswood, West Virginia, its officers, agents,
successors and assigns, shall
1. Cease and desist from:
(a) Failing or refusing to bargain in good faith with United Steel, Paper and
Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers
International Union, Local 5668 (the Union) as the exclusive collective-bargaining
representative of employees in the following unit (the Unit):
Those employees of the Respondent at its aluminum plant located at
Ravenswood, West Virginia, as follows: all production and maintenance
employees, but excluding executives, administrative and professional
employees, office and clerical employees, guards, full-time first-aid and safety
employees, foremen and any other supervisory employees with the authority to
hire, promote, discharge, discipline, or otherwise effect changes in the status of
employees or effectively recommend such action.
(b) Failing and refusing to provide the Union with information that is relevant and
necessary to its role as the exclusive collective-bargaining representative of the Unit.
(c) Unreasonably delaying in providing the Union with information that is relevant
and necessary to its role as the exclusive collective-bargaining representative of the
Unit.
(d) In any like or related manner, interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of
the Act:
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(a) Within 14 days of service by the Region, the Respondent will post copies of
the attached notice marked as Exhibit E at its Ravenswood facility. Copies of the
notice, on forms provided by Region 9, after being signed by the Respondent’s
authorized representative, shall be posted and maintained for 60 consecutive days in
conspicuous places, including all places where notices to employees are customarily
posted. The Respondent will take reasonable steps to ensure that the notices are not
altered, defaced or covered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone out of business or closed the
Ravenswood facility, the Respondent shall duplicate and mail, at its own expense,
copies of the notice to all current employees and former employees employed by the
Respondent at its Ravenswood facility at any time since June 1, 2019.
(b) Within 14 days of the Board’s approval of this stipulation, the Respondent will
provide, where it has not done so already and where such information exists, the
following information, without the necessity of the Union making a new request, the
information requested by the Union in the requests dated: July 18, 2019, July 24, 2019,
July 31, 2019, August 1, 2019, September 6, 2019, and January 15, 2020.
(c) Within 21 days after service of this Order by the Region, the Respondent will
file with the Regional Director a sworn certification by a responsible Respondent official
attesting to the steps that the Respondent has taken to comply with this Order.
Dated, Washington, D.C., October 15, 2020.
________________________________
Marvin E. Kaplan, Member
________________________________
William J. Emanuel, Member
________________________________
Lauren McFerran, Member
NATIONAL LABOR RELATIONS BOARD
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EXHIBIT E
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
 Form, join, or assist a union;
 Choose a representative to bargain with us on your behalf;
 Act together with other employees for your benefit and protection;
 Choose not to engage in any of these protected activities.
United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial
and Service Workers International Union, Local 5668 (the Union) is the employees’
representative in dealing with us regarding wages, hours and other working conditions
of our employees in the following appropriate unit:
Those employees at our aluminum plant located at Ravenswood, West Virginia,
as follows: all production and maintenance employees, but excluding executives,
administrative and professional employees, office and clerical employees,
guards, full-time first-aid and safety employees, foremen and any other
supervisory employees with the authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees or effectively recommend
such action.
WE WILL NOT fail or refuse to bargain in good faith with the Union as the exclusive
collective-bargaining representative of our unit employees.
WE WILL NOT fail and refuse to provide the Union with information that is relevant and
necessary to its role as your collective-bargaining representative.
WE WILL NOT unreasonably delay in providing the Union with information that is
relevant and necessary to its role as your collective-bargaining representative
WE WILL provide, to the extent we have not done so already and such information
exists, the Union with the information it sought in the requests it made on the following
dates: July 18, 24, and 31, 2019; August 1, 2019, September 6, 2019, and January 15,
2020.
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WE WILL NOT in any like or related manner interfere with, restrain or coerce
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
CONSTELLIUM ROLLED PRODUCTS
RAVENSWOOD LLC
The Board’s decision can be found at www.nlrb.gov/case/09-CA-225275 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.
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