Crown Cork & Seal Co., Inc.

National Labor Relations Board - Board Decisions

Aug 21, 1985

275 N.L.R.B. 1476 (N.L.R.B. 1985)

1476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Crown Cork & - Seal Company, Inc. and Teamsters
Local Union No. 688; affiliated with Interna-
tional Brotherhood of Teamsters , Chauffeurs,
Warehousmen and Helpers - of America. Case
14-CA-16021
21 August 1985
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND JOHANSEN
On 24 February 1984 the Board issued a Deci-
sion and Order' in the above-entitled proceeding,
dismissing a complaint alleging that the Respond-
ent violated Section 8(a)(5) and (1) of the Act by
withdrawing its settlement offer after the Union
had accepted it and by refusing to, sign a contract
in accordance with the agreement reached with the
Union. In, dismissing the complaint, the Board
found that the Union had not accepted the Re-
spondent's settlement offer within a reasonable time
and that the offer had lapsed. Thereafter, the
Union filed a petition for review with the United
States Court of Appeals for the Eighth Circuit.
On 6 March 1985 the court issued its decision2
granting the Union's petition for review. The court
held that the Board "misapplied the law in deter-
mining that the Company's offer lapsed before ac-
ceptance-3 by incorrectly considering only the
length of time between the offer and acceptance.
The court further concluded that the Board's find-
ing that the offer had lapsed was not supported by
substantial evidence in the record as a whole. The
court's rejection of the Board's dismissal of the
complaint was based on the finding that the Re-
spondent did not reasonably believe that its offer to
the Union had -expired as evidenced by the Re-
spondent's 13 January 1982 request to the Union to
put its acceptance into writing. The court also
found that even if it were to "accept the [Board's]
finding that the original offer expired because it
was not accepted within a reasonable time, there
was still an outstanding offer which the union
could accept,"4 i.e., the revived offer of 13 January
1982 above. Accordingly, the court remanded the
case to the Board for further proceedings consist-
ent with the court's opinion.
On 11 June 1985 the Board, through its Associ-
ate Executive Secretary, notified the parties that
the Board had decided to accept the court's
remand and that any party wishing to do so might
1 268 NLRB 1089 (1984)
2 756 F 2d 659 (8th Cir 1985)
9 Id at 662
4 Id at 663
now file a statement of position concerning the
issues raised by the remand. None of the parties
filed statements of position.
The National Labor Relations Board has delegat-
ed' its authority in this proceeding, to a three-
member panel.
The Board has duly considered the -decision of
the Court of Appeals for. the._iEighth,Circuit.
Adopting, as the law of this case, the` court's f nd-
ing that the Respondent's settlement offer had not
lapsed and was viable when accepted by the
Union, the Board now' concludes that the allega-
tion of a violation of Section 8(a)(5) and'(1) of the
Act, as described in the complaint, must be, and it
is, sustained. The Board - deems it appropriate,-
therefore, to issue the Order set forth below.
ORDER
The National Labor Relations Board orders that
the Respondent, Crown Cork & Seal Company,
Inc., St. Louis, Missouri, its officers, agents, succes-
sors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively in good faith
with the Union as the exclusive representative of
its unit employees by withdrawing its settlement
offer and refusing to sign and execute a contract in
accordance with the $40,000 settlement agreement
reached. -
(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) Sign and execute a written contract in ac-
cordance with the agreement reached with the
Union for the $40,000 settlement.
(b) Mail a copy of the attached notice marked
"Appendix"5 to the Union and to each individual
unit employee who was in the Respondent's
employ on 8 May 1981, but was thereafter laid off
because the Respondent was closing its St. Louis
facility. Copies of. the notice, on forms provided by
the Regional Director for Region 14, after being
signed by the Respondent's authorized representa-
tive, shall be mailed by the Respondent immediate-
ly upon receipt.
(c) Notify the Regional Director 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 Na-
tional Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the Nation-
al Labor Relations Board "
275 NLRB No. 207
CROWN CORK && SEAL CO - 1477
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 yiolated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain collectively in
good faith with the Union by withdrawing our set-
tlement offer to the Union after it was accepted by
the Union , or refuse to sign and execute a contract
in accordance with the terms of our settlement
offer of 8 May 1981.
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. -
WE WILL sign and execute a contract in accord-
ance with our settlement offer to the Union on 8
May 1981.
CROWN CORK & SEAL COMPANY,
INC.
1 .1